Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 1980 Page 1 of about 117 results (0.069 seconds)

Apr 03 1980 (HC)

Delhi Cloth and General Mills Co. Ltd. Vs. Commissioner of Income-tax, ...

Court : Delhi

Decided on : Apr-03-1980

Reported in : [1980]125ITR96(Delhi)

..... the payments of rs. 5,67,000 and rs. 5,000 and rs. 5,000 are permissible deductions under section 10(2)(xv) of the indian income-tax act, 1922, for the assessment years 1958-59, 1960-61 and 1961-62 ?' 2. the assessed-company runs a manufacturing unit. during the assessment year 1958 ..... contention, and disallowed the deductions. 4. on appeal by the assessed, the aac confirmed the view of the ito. on further appeal to the income-tax appellate tribunal, the tribunal concurred with the decision of the aac. in coming to its conclusion, the tribunal derived support from an earlier order passed by ..... it is true that expenditure incurred need not necessarily yield results or be incurred to directly benefit the business or be directly related to the earning of income, yet it must be incidental to the business and must be necessitated or justified by commercial expediency. before an expenses can be allowed under s. ..... the expenditure may be admissible as a deduction under s. 10(2)(xv) even if the primary motive for incurring it is not directly to earn income thereby. 8. learned counsel, thereforee, urges us to accept that the payment to the indian national congress was to indirectly further the trade as it ..... pradesh high court has, in addl. cit v. kuber singh bhagwandas : [1979]118itr379(mp) , relied on these decisions and held that the amount of donation to the chief minister's drought relief fund was an allowable deduction under s. 37(1) of the i.t. act, 1961, the particular facts being, that .....

Tag this Judgment!

Apr 03 1980 (HC)

The Delhi Cloth and General Mills Co. Ltd. Vs. the Commissioner of Inc ...

Court : Delhi

Decided on : Apr-03-1980

Reported in : (1980)17CTR(Del)143; ILR1980Delhi1003

..... these decisions and held that the amount of donation to the chief minister's drought relief fund was an allowable deduction under section 37 of the income-tax act, 1961. the particular facts being, that though the donation was voluntary, the permit for foodgrains was directly related to the amount of donation paid ..... the payments of rs. 5,67,000. rs. 5,000 and rs. 5,000 are permissible deductions under section 10(2)(xv)of the indian income-tax act, 1922 for the assessment years 1958-59, 1960-61 and 1961-62?'(2) the assessed-company runs a manufacturing unit. during the assessment, year ..... 1961-62. (3) the asscssee claimed these amounts as permissible deductions under section 10(2) (xv) of the indian income-tax act. 1922. the asscssee contended before the income-tax officer that the donation to the indian national congress was incurred wholly and exclusively for the purpose of its business. the ..... . ltd.'s case (supra). (13) in a more recent decision of the madras high court in southern and rajamani transports (p) ltd. v. commissioner of income-tax madras-11, : [1977]107itr470(mad) , that court has considered the various decisions of the different high courts. it has followed, inter alia, the above-mentioned ..... the court agreed with a decision of the allahabad high court in j.k. cotton spg. & wvg. mills co. ltd. v. commissioner of income- tax u.p. : [1966]62itr813(all) where a similar contribution made to the congress parliamentary board had been disallowed on the ground of absence of direct .....

Tag this Judgment!

Sep 19 1980 (HC)

Addl. Commissioner of Income-tax, Delhi-ii Vs. Rajindra Flour and Alli ...

Court : Delhi

Decided on : Sep-19-1980

Reported in : [1981]128ITR402(Delhi)

..... off against losses of the company from the business of the manufacture of textiles brought forward from the preceding year under section 24(2) of the income-tax act.' 27. this was the case of a company which was forced to let out its factory due to business losses. no doubt, the factory was ..... on and the assets are not business assets. in such a case, the income would be an income derived by the owner from his capital assets, and the head of income under which such income would fall for the purpose of the income-tax act would be section 12 and not section 10. whether a business is carried ..... question before the court was whether the rent paid by the limited company to the partnership firm could be considered to be a business income under the excess profits tax act. it was held by the court that the partnership did not carry on any business and did not have any commercial activity after ..... kapur, j. 1. two references under s. 256(1) of the i.t. act, 1961, being references no. 50 and 51 of 1974, have been made by the income-tax appellate tribunal at the instance of the additional commissioner of income-tax, delhi, for the assessment years 1965-66 and 1966-67. the assessed in this ..... as such depreciation and development rebate are admissible with reference to these amounts also.' 3. for 1966-67 : 'whether, in the circumstances of the case, income from the lease of plant, machinery and building should be computed under the head 'profits and gains of business' ?' 4. the facts giving rise to .....

Tag this Judgment!

Sep 19 1980 (HC)

Bansi Dhar Kapur and Sons Vs. Central Board of Revenue

Court : Delhi

Decided on : Sep-19-1980

Reported in : [1982]137ITR408(Delhi)

..... continued business offices in pakistan would have become its head office for the purpose in pakistan after august 15, 1947, then the office or one of the of the indian income-tax act, 1922, as applied to pakistan, and in that case the assessed could have been assessed in pakistan. that is neither the factual case before us nor has it been disclosed ..... . of the dominion of pakistan which was noticed on december 10, 1947, and became legally effective under s. 49aa of the indian i.t. act, 1922. it was provided there that the agreement would apply to income-tax assessments made on or after august 15, 1947, in respect of the assessment year 1947-48 and those made after april 1, 1948, for later ..... learned counsel for the appellant that in fact that firm had no grievance, but he submitted that the individual partners could act collectively by instituting the present writ petition and appeal. this does not appear to be correct. under the income-tax law, a registered firm is a separate assessed and the individual partners are separate assesseds distinguishable from the firm. there was ..... was that he was making the assessment long after the two dominions of pakistan and india had been formed. in order to see how this income was to be taxed, we have to apply the indian i.t. act, 1922, applicable to the taxable territories. at that time, taxable territories included the portion of british india which was later separated to form the .....

Tag this Judgment!

Feb 12 1980 (HC)

Commissioner of Income-tax, (Central), New Delhi Vs. Dalmia Dadri Ceme ...

Court : Delhi

Decided on : Feb-12-1980

Reported in : [1980]125ITR510(Delhi)

..... actual cost of the asset for the purposes of allowance of development under section 33 and depreciation under section 32 of the income-tax act, 1961, and it was not the cost as determined by the income-tax officer at rs. 3,60,000 (2) whether, on the facts and in the circumstances of the case, the tribunal ..... income-tax arrears, and rs. 7,400, being commission paid on shares borrowed for the purpose of pledging them as security against income-tax demands, are permissible deductions under the provisions of the income-tax act, 1961 ?' 2. the assessed is the dalmia dadri cement ltd. and ..... rs. 8,679 claimed by the assessed as legal and court expenses was an admissible deduction under section 37(1) of the income-tax act, 1961 (3) whether, on the facts and in the circumstances of the case, the amount of rs. 46,718, being interest paid on ..... this court for the year 1961-62, in the present assessed's case and we have answered a similar question in the negative and against the assessed (income-tax reference no. 34 of 1971, decided on november 12, 1979). following that decision we answer this question against the assessed. 19. we next advert to ..... )(xv) of the indian i.t. act, 1922, in view of this chain of decisions, we are unable to interfere with the order of the tribunal holding that sum of rs. 8,679 claimed by the assessed as legal and court expenses for preparation and pursuing of income-tax appeals was permissible. question no. 2 .....

Tag this Judgment!

Feb 14 1980 (HC)

Commissioner of Income-tax, Delhi (Central) Vs. Orissa Cement Ltd.

Court : Delhi

Decided on : Feb-14-1980

Reported in : [1980]124ITR251(Delhi); [1981]6TAXMAN387(Delhi)

..... share capital and of its reserves in so far as they have not been allowed in computing the profits of the company for the purposes of the indian income-tax act'. 3. the super profits tax act, 1963, also laid down a similar rule. here again, the super profits represented the excess of its chargeable profits of a previous year over the standard deduction, which ..... the court was of the view that though such 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 amounts to a debt or ..... deduction in computing the income of the company for the purposes of the indian income-tax act, 1922 (xi of 1922), or the income-tax act, 1961 (xliii of 1961);...... explanationn. - for the removal of doubts it is hereby declared that any amount standing to the credit of ..... ; (ii) its reserves, if any, created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922 (xi of 1922), or under sub-section (3) of section 34 of the income-tax act, 1961 (xliii of 1961); (iii) its other reserves as reduced by the amounts credited to such reserves as have been allowed as a .....

Tag this Judgment!

Aug 29 1980 (HC)

Commissioner of Income-tax, Delhi-ii Vs. Eternal Science of Man's Soci ...

Court : Delhi

Decided on : Aug-29-1980

Reported in : ILR1980Delhi1559

..... to refer briefly to the relevant statutory provisions. chapter iii of the income-tax act, 1961 (to be referred to in brief as 'the act'), contains provisions pertaining to income which does not form part of the total income. section 11, which is in this chapter, deals with income derived from property held for charitable or religious purposes. it provides, inter alia, that if ..... 1970-71 and goodwill india ltd. amounting to rs. 75,450 from m/s. daulat ram public trust were not taxable income in the hands of the receiving trust under the provisions of sections 11 and 12(2) of the income-tax act, 1961 ?' 3. before setting out the facts on the basis of which the above question have been referred, it is advisable ..... in the form of 22,130 shares of motor and general finance ltd. from daulat ram public trust was not taxable income in the hands of the receiving trust under the provisions of sections 11 and 12(2) of the income-tax act, for the assessment year 1970-71 2. whether, on the facts and in the circumstances of the case, the tribunal was ..... form of rs. 40,000 shares of motor & general finance ltd. from m/s. daulat ram public trust was not taxable income in the hands of the receiving trust under the provisions of section 11 and section 12(2) of the income-tax act, 1961, for the assessment year 1970-71 2. whether, on the facts and in the circumstances of the case, the .....

Tag this Judgment!

Feb 12 1980 (HC)

Commissioner of Income-tax, Delhi-ii Vs. New India Construction Co.

Court : Delhi

Decided on : Feb-12-1980

Reported in : (1980)17CTR(Del)223; [1980]123ITR68(Delhi)

..... of the i. t. act, 1961, were commenced by the publication of a statutory notice in the official gazette of november 8, 1975. ..... the sale deed with the object of : '(a) facilitating reduction or evasion of the liabilities of the transferor to pay tax under the income-tax act, 1961, in respect of any income arising from the transfer; or (b) facilitating the concealment of any income or any moneys or other assets which have not been or which ought to be disclosed by the transferee for the ..... purpose of the indian income-tax act, 1922, or the income-tax act, 1961, or the wealth-tax act, 1957.' 7. in these circumstances, proceedings under s. 269d ..... the presumption so created. 12. in the ultimate analysis the competent authority after obtaining the prior approval of the cit as provided for in s. 269f(vi) of the act directed the acquisition of the property. 13. in appeal, however, the income-tax appellate tribunal quashed the acquisition after observing that a building with vacant possession and a building with tenants are .....

Tag this Judgment!

Aug 29 1980 (HC)

The Commissioner of Income-Tax, New Delhi Vs. the Eternal Science of M ...

Court : Delhi

Decided on : Aug-29-1980

Reported in : (1980)19CTR(Del)384; [1981]128ITR456(Delhi)

..... trust in the form of 22,130 shares of motor and general finance ltd. from daulat ram public trust was not taxable income in the hands of receiving trust under the provision of scections 11 12(2) of the income-tax act for the assessment year 1970-71? 2. whether on the fads and in the circumstances of the case, the tribunal was correct ..... to refer briefly to the- relevant statutory provisions. chapter iii of the income-tax act (to be referred to in brief as ''the act') contains provisions pertaining to income which does not form part of the total income. section 11, which is in this chapter, deals with income derived from property held for charetable or religiou's purposes. it provides, inter alia. that ..... 1970-71 and goodwill india limited amounting to rs. 75,450 from m/s. daulat ram public trust were not taxable income in the hands of the receiving trust under the provisions of sections 11 and 12(2) of the income-tax act, 1961?'(3) before setting out the facts on the basis of which the above questions have been referred, it is advisable ..... form of 6,40,000 shares of motor & general finance ltd. from mjs. daulat ram public trust was not taxable income m the hands of the receiving trust isader the provisions of section 11 and section 12(2) of the income-tax act. 1961 for the assessment year 1970-71? 2. whether on the fads and in the circumstances of the case the tribunal .....

Tag this Judgment!

Mar 18 1980 (HC)

Addl. Commissioner of Income-tax, Delhi-i Vs. Delhi Brick Kiln Owners ...

Court : Delhi

Decided on : Mar-18-1980

Reported in : [1981]130ITR55(Delhi)

..... (1)(a) of the income-tax act, 1961 ?' 3. we propose to deal with the matter by a common order. 4. the respondent-assessed is m/s. delhi brick kiln owners ..... . the question is : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income of the assessed is exempt under section 11(1)(a) of the income-tax act, 1961 ?' 2. for the subsequent assessment years 1967-68 to 1973-74, a similar question has been posed, though worded slightly differently. it reads : 'whether, on ..... the facts and in the circumstances of the case, the tribunal was right in law in holding that the income of the assessed is exempt under section 11 ..... association, jhandewalan, new delhi. the respondent obtained a license from the central govt. for its registration under s. 26 of the indian companies act, 1913. the objects of the company .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //