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Judgment Search Results Home > Cases Phrase: income tax act Court: delhi Year: 1980 Page 10 of about 117 results (0.088 seconds)

Jan 30 1980 (HC)

Bharat Carbon and Ribbon Manufacturing Co., Ltd. Vs. Commissioner of I ...

Court : Delhi

Decided on : Jan-30-1980

Reported in : [1981]127ITR239(Delhi)

..... -company in its attempt to raise additional share capital for the company would be capital in nature. 4. shri beri invited our attention to s. 35d of the i.t. act, 1961. this section does not help the assessed. this section has no direct relevance for the present assessment year because it was introduced only with effect from april 1, 1971 ..... paid in connection with an issue of preference shares by the company was of capital nature. referring to this decision the supreme court pointed out in india cements ltd. v. cit : [1966]60itr52(sc) , at page 61, that though the bombay high court was wrong in relying, for arriving at this conclusion upon the case of texas land and mortgage company ..... s. ranganathan, j. 1. it is a very short question that arises in this reference under s. 256(1) of the i.t. act, 1961, at the instance of m/s. bharat carbon & ribbon ., new delhi (hereinafter referred to as 'the assessed'). during the previous year which ended on december 31, 1962, relevant for .....

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Dec 05 1980 (HC)

In Re: Telesound India Ltd.

Court : Delhi

Decided on : Dec-05-1980

Reported in : [1983]53CompCas926(Delhi)

..... the manner of payment due regard may be had not only to the value of the assets sought e transferred but also the projected income of the telesound unit of the transferee-company. according to the figures made available on behalf of the transferee-company, the telesound unit ..... any other company which may be able to take advantage of s. 72a. of the i.t. act, introduced in the year 1977, in that act, so as to reduce the latter's tax liability. the efforts apparently bore fruit with the willingness of dalmia cement (bharat) limited, for short, ..... such a tenant died before or after the determination of the contractual tenancy. damadi lal : air1976sc2229 , remedied the situation that led to the amending act and made all tenancies heritable irrespective of the fact whether a tenant died before or after the determination of the contractual tenancy. the amendment of the ..... economical management of the corporate sector to ensure continued production, increased employment avenues and generation of revenues. section 72a of the i.t. act is one of the incentives for this kind of absorption of one company into another. on amalgamation the transferor-company merges into the transferee- ..... by the shareholders, the secured creditors and the unsecured creditors subject, however, to the modification of the scheme of amalgamation that the amount of tax benefits actually received shall be utilised, firstly, for payment to the secured creditors pro rata and, thereafter, to the unsecured creditors prorate and .....

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Jul 11 1980 (HC)

Phalwant Singh Vs. Jai Narain

Court : Delhi

Decided on : Jul-11-1980

Reported in : 18(1980)DLT360; 1980RLR558

..... request agreed to receive payment through post, the post office is also the agent of the creditor, vide commissioner of income tax v. m/s. ogale glass works ltd., : [1954]25itr259(sc) , and azamzahi mills ltd. v. commissioner of income tax, : [1976]103itr449(sc) . but, unless otherwise agreed in advance, or implied by subsequent conduct, the ..... not accept the submission that the notice served by the landlord under clause (a) of the proviso to sub-section (1) of s. 14 of the act was only for arrears of rent for three months and, thereforee, even if the entire arrears of rent were not offered, the said clause (a) will ..... the certified copy. the appeal was not competent even on that day and is, thereforee, barred by time. i hold so. section 4 of the court fees act and the custodian evacuee property v. prabhu dayal chhajan lal awl others, , fully support me in this view. (7) now, merites as well. it was ..... stand and filed a petition for eviction on the ground of non-payment of rent and an order under sub-section (1) ofs. 15 of the act was passed on march 7, 1977, directing the appellant to deposit arrears of rent within one month. the respondent complied, though he also filed an appeal ..... is the tenant before the controller under clause (a) of the proviso to sub-section (1) of s. 14 of the delhi rent control act, 1958 (hereinafter the act). the petitioner lamented that the occupant was introduced into the premises as a licensee but later on he refused to vacate the premises and claimed .....

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Jan 12 1980 (HC)

Laxmi Kant Mukt Vs. Jitender Kumar Aggarwal

Court : Delhi

Decided on : Jan-12-1980

Reported in : 18(1980)DLT40

..... the share of the respondent is illegal being in contravention of section 54 of the transfer of property act.(6) on facts the learned tribunal has found that the partition admittedly took place in the year 1958 and the income tax officer vide his assessment order (exhibit a. w. 2/2) passed on 2.1.1961 had ..... the question raised before me, thereforee, is merely academic. in the present case, it is unnecessary to take recourse to sub-section (11) of section 14 of the act. assuch, it is purposeless to dilate on this point. (12) the result is that the appeal fails and the parties are left to bear their own costs. (13 ..... pure finding of fact, and in second appeal i cannot interfere with that finding. the decree granted in his favor under section 14(1)(e) of the act is proper and valid. (10) the third submission of mr. dhir that the eviction petition sought only partial eviction of the appellant from the demised premises as ..... the tenant from the rented premises; and lastly that the ground of eviction covered by clause (k) of sub-section ( 1 ) of section 14 of the act was not attracted as the lease deed of the land on which premises are situate, had not been executed in favor of the respondent. (9) mr. dhir ..... of the tenant but allowing the appeal filed by the landlord, and directing the tenant's eviction under s. 14(1)(e) of the delhi rent control act. (2) the first question required to be decided at the threshold is whether the respondent is the owner of the demised premises? if he is not, .....

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Apr 18 1980 (HC)

Commissioner of Income-tax, Delhi-i Vs. Premier Auto Finance P. Ltd.

Court : Delhi

Decided on : Apr-18-1980

Reported in : [1981]128ITR540(Delhi)

s. ranganathan, j.1. the question referred to us in this income-tax reference is as follows : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that there was no justification in the disallowance of ..... . ltd. and carries on the business of financing. during the relevant previous year it claimed interest payment of rs. 1,28,002 as deduction in the computation of its business income on the ground that this was interest paid on monies borrowed for the purposes of the business. out of this claim the ito disallowed a sum of rs. 12,240 .....

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Mar 17 1980 (HC)

Commissioner of Income-tax, Delhi Vs. New Garage Ltd.

Court : Delhi

Decided on : Mar-17-1980

Reported in : [1981]129ITR122(Delhi)

ranganathan, j. 1. this is a reference at the request of the commissioner of income-tax by the income-tax appellate tribunal. the respondent-assessed is new garage ltd., which is now under winding up. the reference relates to the assessment year 1962-63. 2. the assessed is a limited ..... an old tenant which continued the tenancy. the tribunal, thereforee, held that the assessed was entitled to the deduction of the sum of rs. 10,000 in computing its business income. 5. the following question has been referred to this court for its opinion. 'whether, on the facts and in the circumstances, the tribunal was right in law in holding that ..... the sum of rs. 10,000 was a business expenditure of revenue nature entitled to deduction in computing the total income of the assessed-company ?' 6. we are in full agreement with the view taken by the tribunal. as pointed out by it, the assessed-company was the tenant of the .....

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Apr 02 1980 (HC)

Commissioner of Income-tax, Delhi-ii Vs. Mediratta Engineering Corpora ...

Court : Delhi

Decided on : Apr-02-1980

Reported in : [1981]132ITR327(Delhi)

..... not only surrendered an amount in respect of which enquiries were initiated but he also admitted that they represented the concealed income of the firm. in the present case all that the assessed stated in his letter dated march 12, 1965, was that he was not in a position to prove ..... white money into black money especially when he is in short of funds.' 2. the latter added that the sum of rs. 24,000 could be added to the income but it was requested that a lenient view may be taken in the imposition of penalty. on august 7, 1965, the partner of the assessed-firm also gave ..... part of it was entree or fictitious. 6. mr. verma, learned counsel for the commissioner, invited our attention to the decision of this court in durga timber works v. cit : [1971]79itr63(delhi) . but a perusal of the above shows that the facts on which that case was decided were totally different. in that case, the assessed has ..... voluntary and that this was a case for the levy of penalty. however, on an appeal by the assessed, the tribunal after referring to the decision of this court in cit v. azad bharat finance co. : [1970]75itr40(delhi) held that a penalty was not livable in view of the following circumstances : 'the g.p. rates shown and ..... ranganathan, j.1. this is a reference under s. 256(2) of the i.t. act, 1961. the assessed-firm manufactured lathe chucks at bahadurgarh. in the course of the examination of accounts for the year 1964-65, the ito found that a sum .....

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Oct 01 1980 (HC)

Commissioner of Income-tax, Delhi-ii Vs. Allied Motors Private Ltd.

Court : Delhi

Decided on : Oct-01-1980

Reported in : [1982]136ITR835(Delhi)

..... , but by no means can it be said it was 'entertainment expenditure' incurred by the employer himself. 3. this interpretation has been accepted by the income-tax appellate tribunal and it has been sought to be given grate emphasis by resort to the explanationn which was introduced later in the section. the explanationn read ..... the case, entertainment allowance paid to the directors by the assessed-company could be allowed as a deductible revenue expenses in the computation of the income profits and gains of the assessed-company relating to the assessment years 1961-62 to 1967-68, respectively ?' 2. the provisions of s. 37 ..... ' of the company itself. these payments were in the nature of salary paid to persons who were otherwise getting a salary. the provisions of the act, which done salary, particularly s. 17, show that salary includes not only wages but also various fees, commission perquisites or profits, etc. any amount ..... allowances' but the ito thought that the allowance which was deductible was limited to rs. 5,000 under s. 37(2) of the i.t. act, 1961. the present statement of case relates to the assessment years 1961-62 to 1967-68. the statement requires us to determine the following question : ..... the scope of the section to include such allowances. 4. the learned counsel for the respondent has referred to a decision of the bombay high court in cit v. devkaran nanjee insurance company ltd. : [1977]110itr815(bom) in which a similar point was involved and it was held that (p. 819 : .....

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Feb 29 1980 (HC)

Municipal Corporation of Delhi Vs. the Children Book Trust

Court : Delhi

Decided on : Feb-29-1980

Reported in : 18(1980)DLT332; 1980RLR750

..... of section 115(4) (a) read with sub-sections (5) and (6). the relevant portion of the section is as under : '115(4).save as otherwise provided in this act, the general tax shall be levied in respect of all lands and buildings in delhi except - (a)lands and buildings or portions of lands and buildings exclusively occupied and used for public ..... requires that the society or body who is claiming the exemption, should be supported wholly or in part by voluntary contributions ; it should apply its profits, if any, or other income in promoting its objects ; and should not pay dividend or bonus to its members. it will be seen that what is material is the exclusive use of the building or ..... respondent. it was admitted that apart from printing children's books the surplus capacity of the press was being utilised by doing printing job work from which it had substantial income.(11) the conclusions arrived at by the single judge are being challenged in appeal by the municipal corporation of delhi. it is contended on behalf of the appellant that on ..... a society or body for a charitable purpose : provided that such society or body is supported wholly or in part by voluntary contributions, applies its profits, if any, or other income in promoting its objects and does not pay any dividend or bonus to its members. (5)lands and buildings or portions thereof shall not be deemed to be exclusively occupied .....

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Mar 28 1980 (HC)

Orient Longman Ltd. Vs. Commissioner of Income-tax, Delhi-ii

Court : Delhi

Decided on : Mar-28-1980

Reported in : [1981]130ITR477(Delhi)

..... product and then actually selling the product after getting it made. the definition of the words 'industrial company' given in s. 2 (6) (c) of the finance act, 1970, is as follows : ''industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power ..... was sufficient if a publisher got a book printed and bound from a printer and book-binder and, in such a case, the particular printer would only be acting as a contractor and not as a manufacturer. 3. in the present case, the assessed does own a printing press but the quantum of printing in that ..... . the tribunal on further appeal by the revenue rejected the assessed's claim and held that it was not an industrial company within the meaning of the finance act, 1970. as a result of this decision the assessed sought a reference and the question of law now referred to us is as follows : 'whether, on ..... . cit v. a. mukherjee and co. (p.) ltd. : [1978]113itr718(cal) . that was also a case of a publisher who was getting manuscripts for publication ..... tribunal was justified in holding that the assessed is not an industrial company within the meaning of section 2(6) (c) of the finance act, 1970 ?' 2. it was submitted before us that the question referred to us is covered by the decision of the calcutta high court reported as addl .....

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