Court : Delhi
Decided on : May-08-1974
Reported in : 97ITR606(Delhi)
..... delhi bench (hereinafter referred to as 'the tribunal'), in compliance with the direction of this court under section 66(2) of the indian income-tax act, 1922 (hereinafter called as 'the act'):'1. whether, on the facts and in the circumstances of the case, the amount of rs. 5,256 deducted by m/s. iron ..... the assessed-company. there is no dispute that the expenditure claimed by the assessed-company was in fact incurred in prosecuting this complaint. in commissioner of income-tax v. dhanrajgirji raja narasingirji, : 91itr544(sc) , the supreme court held on similar facts that:'it is not correct to say that ..... this amount. annexure 'n' is the copy of the complaint filed against shri shiv saran lal under section 409, indian penal code. neither the income-tax authorities nor the tribunal have recorded any finding that the facts stated in any of the above documents were not true. these documents, thereforee, ..... assessed-company against the former managing director, shri shiv saran lal. the claim for the allowance of this expenditure was also disallowed by the income-tax authorities as well as by the tribunal on the ground that the criminal complaint had no connection with the carrying on of the business ..... fact incurred by the assessed in connection with the suit filed by shri shiv saran lal. the assessed's claim was disallowed by the income-tax authorities as well as by the tribunal on the ground that this suit arose out of the personal differences between shri shiv saran lal .....Tag this Judgment!
Court : Delhi
Decided on : Mar-15-1974
Reported in : ILR1974Delhi337; 96ITR530(Delhi)
..... in the writ petition over again. the proposed action has been taken under clause (a) of section 147 of the income-tax act, 1961, the material portion of which read as follows : '147.income escaping assessment. if (a)the income-tax officer has reason to believe that by reason of the omission of failure on the part of an assessed to make a ..... figured in the subsequent assessment years. this party was felt to be a bogus money-lender by the income-tax officer, shri balwant singh, who asked for the sanction of the commissioner of income-tax to initiate proceedings under section 148 of the income-tax act for the assessment year 1957-58 which was granted vide annexure 'c' which has resulted in the impugned ..... (1) this writ petition is directed against a notice of the income-tax-cum-wealth tax officer, ward viii, new delhi dated 29th march, 1966 issued under section 148 of the income-tax act, 1961 for the assessment year 1957-58 intimating that the income-tax officer had reason to believe that the income of the petitioner for the said assessment had escaped assessment and he proposed ..... in a number of judicial authorities. in calcutta district company limited vs . income-tax officer, companies district i calcutta and another : 41itr191(sc) . the report construing section 34 of the preceding income-tax act shall that the conditions specified in the statute constituted jurisdictional fact which clothed the income- tax officer with the jurisdiction and power to re-open the assessment. in .....Tag this Judgment!
Court : Delhi
Decided on : Apr-18-1974
Reported in : 10(1974)DLT356b; 96ITR612(Delhi)
..... parties at length. it may be mentioned at the outset that the revenue has not filed the report of the income-tax officer made to the commissioner of income- tax and the central board of revenue sanctioning action under sec- corporation 147 of the income tax act. the ground was that the relevant papers were not available. we are, thereforee, left with the meagre material placed on ..... from the partners and the firm's name is a compendious way of describing the individual partners but that position is of no avail under the income tax act since under clause (31) of section 2 of the act 'person' includes an individual, hindu undivided family, company, firm, association of persons, or a body of individuals, whether incorporated or not. all these persons are ..... exercised his option to assess the parties individually. they also allege that full facts had been disclosed to the income-tax officer in connection with the assessments and there was no valid and legal ground to issue notices under section 148 of the income-tax act and the notice are consequently legally bad. (7) after the remand of the case by the supreme court, the ..... that status and it was, thereforee, manufest that the proceedings taken under that notice were illegal and without jurisdiction. in this connection, the supreme court/observed:- 'underthe scheme of the income-tax act the 'individual' and the 'hindu undivided family' are treated asseparate units of assement and if a notice under section 34 of the .....Tag this Judgment!
Court : Delhi
Decided on : Aug-12-1974
Reported in : 10(1974)DLT383; 99ITR391(Delhi)
..... ) the order violated section 124 of the income tax act which fixes the territorial jurisdiction in respect of the petitioner's case. (3) the order of transfer was made mala fide to harass the petitionsr pursuant to the above searches ..... in delhi itself. (3) the said transfer has been impugned on the following main grounds: (1)there has been no compliance with the provisions of section 127(1) of the income tax act since no reason has been mentioned in the order of transfer. the order of transfer was not passed in accordance with the show cause notice given to the petitioner. (2 ..... dated 24th november, 1971 the commissioner transferred the petitioner's case from the income tax officer, faridabad, not to the income tax officer, district iii (9). new delhi, as originally stated, but to the income tax officer, district ii (5), new delhi in exercise of the powers conferred under section 127(1) of the income tax act, 1961. the circumstances under which the transfer was effected are stated in ..... the affidavit filed by shri r. l. malhotra, the then commissioner of income tax. the case was not transferred to the income tax officer, district lli(9), new delhi because after the show cause notice was issued .....Tag this Judgment!
Court : Delhi
Decided on : May-02-1974
Reported in : 99ITR583(Delhi)
ansari, j. 1. in compliance with the direction given by this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as ' the act '), the income-tax appellate tribunal, delhi bench (hereinafter called ' the tribunal '), has referred the following two questions to this court ..... extent of rs. 12,000 were provided by the assessed and that three-fifths of the income from the property was, thereforee, assessable in the hands of the assessed under section 64(iii) of the income-tax act, 1961 ' 2. the relevant facts may now be briefly stated. the assessed in this ..... case is shri 0. n. mohindroo, an advocate of delhi, and the assessment year under reference is the year 1962-63, the relevant previous year being the financial year 1961-62. in the return of income ..... assessed, although the assessed had claimed that this business belonged to his wife. following the earlier assessments, the income-tax officer included the income from this business also in the assessed's income. the income-tax officer also found that a house property bearing no. 1710-11, partap street, chuna mandi, paharganj, delhi ..... wife or of the appellant himself. '8. these observations indicate that the tribunal had in mind the benami nature of the transaction. the income-tax officer as well as the appellate assistant commissioner have also fallen into the same error, because both of them have held that the property .....Tag this Judgment!
Court : Delhi
Decided on : Jan-16-1974
Reported in : ILR1974Delhi429; 95ITR80(Delhi)
..... or other valuable article or thing and any statement made by such person during such examination may thereafter be used in evidence in any proceeding under the indian income-tax act, 1922 or under this act. (5)where any money, bullion, jewellery or other valuable article or thing (hereinafter in this section and section 132a referred to as the assets) is ..... and such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been disclosed for the purposes of the indian income-tax act, 1922 or this act (hereinafter in this section referred to as the undisclosed income or property), hemay authorise any deputy director of inspection, inspecting assistant commissioner, assistant director of inspection ..... or income-tax officer (hereinafter referred to as the authorised officer) to- (i)enter and search any building or ..... is no dispute between the parties to the petition because it is admitted that on february 23, 1973 a notice under section 132 of the act read with rule 112a of the income-tax rules, 1962 was issued to the petitioner and it is stated at the bar that an assessment has also been made which is the subject-matter .....Tag this Judgment!
Court : Delhi
Decided on : Feb-08-1974
Reported in : ILR1974Delhi749; 95ITR151(Delhi)
..... and 1952-53, the assesses claimed deduction of the initial sum and the yearly premia from its profits under section 10(2) (xv) of the income-tax act. the supreme court disallowed the assessed's claim on the ground that as until september 20, 1955, the assessed company had dominion through the trustees ..... the statute, they have to be disregarded. the decision referred to by the learned counsel appears at page 1110 of iyengar's commentary upon the income-tax act and it is to the following effect :-attentionis invited to board's letter no. 13(102) it/55 dated 8-9-1954 in which ..... for assessment year 1957-58 and rs. ll,578.00 claimed as such for assessment year 1958-59 under section 10(2) (xv) of the indian income-tax act, 1922, have rightly been disallowe ?(2) the facts relevant to the first question may now be stated. m/s. delhi flour mills co. ltd., ..... supreme court noticed the distinction between a contingent liability which did not amount to a debt under section 2(m) of the wealth-tax act and a contingent liability under the income-tax act and it observed as follows :- .thoughsuch a liability is a contingent liability and thereforee not a 'debt' under section 2(m ..... ) of the wealth-tax act, it would be deductible under the income-tax act while computing the taxable profits. in the instant case, the question is not whether such estimated liability arising under the gratuity schemes .....Tag this Judgment!
Court : Delhi
Decided on : Feb-15-1974
Reported in : ILR1974Delhi14; 95ITR97(Delhi)
..... . 20,807 and claimed allowance for this amount under clauses (ii), (v) or (xv) of subsection (2) of section 10 of the indian income-tax act, 1922 (hereinafter referred to as the act). the assessed's claim was rejected by the income-tax officer as well as by the appellate assistant commissioner on the ground that there was no legal obligation cast on the assessed under ..... under section 10(2), the deduction may be allowed in computing the profits or gains of a business under section 10(1) of the act. the supreme court observed as follows:- 'whilesection 10(1) of the indian income-tax act, 1922 imposes a charge on the profits or gains of a business, it does not provide how these profits are to be computed. section ..... allowance of this amount either as a development rebate under section 10(2) (vi-b) or as current repairs under section 10(2) (xv) of the act. the assessed's claim was disallowed by the income-tax officer as well as by the appellate assistant commissioner on the ground that it was not admissible as development rebate since the introduction of the 'casabalanca ..... value and could not be re-installed in the same condition elsewhere. the assessed claimed allowance of this amount under section 10(2) (xv) of the act. the assessed's claim was disallowed by the income-tax officer but was allowed by the appellate assistant commissioner. the revenue preferred a second appeal before the tribunal and the latter reversed the decision of the .....Tag this Judgment!
Court : Delhi
Decided on : May-08-1974
Reported in : ILR1974Delhi442; 98ITR462(Delhi); 1974RLR576
..... the closing stock being increased by rs. 5,615.00, which was the approximate cost of goods. the income-tax officer added these amounts as income of the assessed. he issued a penalty notice under section 274 read with section 271(l)(c) of the income-tax act, 1961 and as the minimum amount of penalty imposable exceeded rs. 1000.00, referred the matter to the ..... of the case, the appellate tribunal was justified in cancelling the order of penalty passed by the inspecting assistant commissioner of income-tax imposing a penalty of rs. 12,000.00 under section 271(l)(c) read with section 274 to the income-tax act 1961?'messrs. narang and company, a registered firm carrying on business in brass-ware goods and in exports and imports ..... inspecting assistant commissioner of income-tax. who imposed upon the assessed a penalty of rs. 12,000.00. the asses- see appealed to the income-tax appellate tribunal and contended that it had not concealed any ..... , is the assessed. the relevant assessment year is 1961-62, the previous year being the financial year ending on march 31. 1961. the income-tax officer found the following cash credits in sundry creditors .....Tag this Judgment!
Court : Delhi
Decided on : Dec-10-1974
Reported in : ILR1975Delhi634; 99ITR148(Delhi)
..... deshpande, j. (1) two questions are raised by this writ petition. the first relates to the true meaning of the word 'information' in section 147(b) of the income-tax act, 1961 (hereinafter called 'the act' in short). this has received enough attention in judicial decisions to produce a conflict between them. the resulting uncertainty makes further discussion necessary. the second is so fundamental ..... can be made payable to nominees by them. this also shows that the moneys belong to the subscribers. (11) part xii of the income-tax rules, 1962 deal with recognised provident funds. section 10(12) of the income-tax act states that the accumulated balance due and becoming payable to an employee participating in a recognised provident fund to the extent provided in rule ..... the government on cases many of which do not come to courts at all. legal advisers of the government advise the government. in performing the function of assessment, the income-tax officer acts partly as an administrator and partly as a quasi-judicial authority. his position is different from that of the court. he is required statutorily to obey the instructions and ..... directions issued by the central board of revenue under section 119 of the act (ellerman lines ltd. v commissioner of income-tax, : 82itr913(sc) . such a direction by the central board of revenue would constitute an 'information' under section 147(b) even though it may not .....Tag this Judgment!