Court : Delhi
Decided on : Dec-12-1985
Reported in : (1986)51CTR(Del)1; 158ITR391(Delhi); 1986RLR124
..... in detail with the provisions of the indian income-tax act, 1922, and the income-tax act, 1961, or the numerous decisions thereon which have been rendered in different contexts. we do not propose to dwell upon the impact of the modifications effected by section ..... the period of delay in respect of which condensation can be granted is limited in some way or the other. it is, thereforee, clear that under the scheme of the income-tax act, the question of condensation of delay has to be decided in the light of the express provisions contained in the section itself and not on general principles incorporated in the ..... this issue should be based entirely on the interpretation to be placed on the provisions of section 269g(l) in the context and the scheme of various provisions of the income-tax act, 1961. in our view, it is not necessary to travel over the wider issues that were raised by the counsel for the appellant. we do not, thereforee, propose to deal ..... seek the condensation of delay in the filing of the appeal.22. sri saharya, thereforee, submitted that there is nothing in the language of any of the provisions of the income-tax act, and more particularly in the language of sections 269g and 269h, which precludes the assessed from seeking condensation of delay where the appeal could not be filed within the specified .....Tag this Judgment!
Court : Delhi
Decided on : May-10-1985
Reported in : (1986)53CTR(Del)397; 157ITR770(Delhi)
..... , 1922 (corresponding to section 256 of the present act,) if the party at whose instance the reference was made does not appear at the hearing of the reference. chakravartti ..... j.d. jain, j.1. the above mentioned four income-tax references have been made by the income-tax appellate tribunal (delhi bench 'c') (for short 'the tribunal'), under section 256(1) of income-tax act, 1961, vide reference order dated june 29, 1974. references nos. 162 and 163 of ..... the revenue. 5. the distinction between capital and revenue either on the receipt or expenditure side is almost a perennial problem in income-tax law. although the distinction between the two is, generally speaking, well recognised being based on certain principles which are not easy of ..... cit : 70itr805(all) ; gajadhar prasad nathu lal v. cwt : 76itr615(mp) and k. ch. venkataratnam v. cgt : 95itr277(ap) . 33. in m. m. ispahani ltd. : 27itr188(cal) the question arose whether the high court was bound to answer a reference under section 66 of the indian income-tax act ..... 1974 have been made on the application of the assessed, m/s. shanker dass sethi and sons (for short 'the assessed'), while references nos. 164 and 165 of 1974 have been made at the instance of the additional commissioner of income-tax .....Tag this Judgment!
Court : Delhi
Decided on : Apr-29-1985
Reported in : (1985)48CTR(Del)210; 157ITR615(Delhi)
..... assessment year 1949-50 as against the actual sales shown in the books which amounted to rs. 5,16,792. a notice was issued under sections 147/148 of the income-tax act, 1961. the assessed was called upon to produce the account books which had been tendered before the police, but these books were withheld. in the result, a best judgment assessment ..... year 1949-50, a loss return was filed showing a loss of rs. 24,018. the assessment was completed under section 23(3) of the indian income-tax act, 1922; most of the loss was allowed and adjustments were made regarding earlier losses which were being carried forward from earlier years and there was also some adjustment regarding depreciation ..... right in holding that the rectification of mistake in the assessments for the years 1950-51 and 1951-52, completed under the indian income-tax act, 1922, could be carried out under the provisions of section 155(4) of the income-tax act, 1961 ?' 2. the assessed is a private limited company carrying on the business of manufacturing and selling paints and colours. in the assessment ..... -51 and 1951-52 was that a carried forward loss which did not exist had been allowed to be adjusted against the income of these two years. the income-tax officer in these circumstances took action under section 155 of the income-tax act, 1961, on the ground that there was a mistake apparent from the record which should be rectified under section 155(4). show .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-1985
Reported in : (1986)52CTR(Del)217; 160ITR774(Delhi)
..... tribunal is right in holding that it is for the department to establish that delay in filing the return was without reasonable cause under section 271(1)(a) of the income-tax act, 1961? 2. whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the return could not be filed without the audit having ..... confirmations were received from the government departments and the accounts too had been audited. the penalty imposed was, thereforee, set aside. 4. the commissioner of income-tax then moved a petition under section 256(1) of the income-tax act, 1961, for reference of a number of questions, said to be of law, to the high court. the same, however, was rejected by the tribunal ..... of july 31, 1973 (30-6-73). a penalty for this delay was levied under section 271(1)(a) of the income-tax act, 1961, but the same was quashed by the income-tax appellate tribunal. for the present assessment year 1974-75, the income-tax officer again commenced penalty proceedings for the delay in filing the return under section 271(1)(a) and issued a show ..... subject, and any further reference of the same point would be wasting the judicial time of the court.5. feeling aggrieved, the commissioner of income-tax has now moved the present petition under section 256(2) of the income-tax act, 1961, in which reference has been sought of the following questions : '1. whether, on the facts and in the circumstances of the case, the .....Tag this Judgment!
Court : Delhi
Decided on : May-28-1985
Reported in : 165ITR492(Delhi)
..... order passed in respect of m/s. w. l. kohli & co., for the assessment years 1960-61 and 1961-62 by the commissioner of income-tax, delhi, under section 263 of the income-tax act. 2. the background of the case was that the income-tax officer had treated m/s. w. l. kohli & co. as a registered firm and assessed the firm to an ..... kapur, j.1. we have to deal with four connected petitions under section 256(2) of the income-tax act, 1961, which relate to the assessment years 1960-61 and 1961-62. these four references have arisen because there were two appeals by m/s. w. l. kohli & ..... income of rs. 43,247 for the assessment year 1960-61 and to an income of rs. 1,78,234 for the assessment year 1961-62. ..... his son on march 31, 1958, by transfer of certain book entries and there was a lot of other materials showing the acts of w. l. kohli and his son. it was in these circumstances that the income-tax officer after remand, came to the conclusion that there was a genuine firm. he also thought that it was in the ..... the registration was granted under section 183(b) of the act. 3. the commissioner of income-tax issued a notice on the ground that the order was prejudicial to the revenue and erroneous. after hearing the objections, the commissioner was of the view that m/ .....Tag this Judgment!
Court : Delhi
Decided on : Aug-26-1985
Reported in : 165ITR119(Delhi)
..... department filed a complaint in march, 1976, for prosecution of the petitioner and her husband under the provisions of sections 277 and 278 of the income-tax act. the complaint remained pending without much action and in the meantime in 1978, the husband of the petitioner died, with the result that the ..... in the present case, thereforee, the learned sessions judge had no power to recall or review his own order and the only remedy of the income-tax department was to have filed a revision petition against the order dated may 18, 1984, of the learned sessions judge. 7. shri satpal, ..... of evidence, the magistrate discharged the petitioner. 3. on april 16, 1984, the income-tax department filed a revision petition against the order of a discharge passed by the magistrate. the next date fixed was may 18, 1984, on which ..... petitioner alone became the accused. the income-tax department did not produce any document or evidence till september 7, 1983. the said department produced some documents on september 8, 1983. after recording ..... by the learned additional sessions judge. 15. but the aforesaid authority was not on the code. it was in respect of the industrial disputes act. thereforee, the authorities of the supreme court which are on the provisions of the code itself and which prohibit review are to be followed. further .....Tag this Judgment!
Court : Delhi
Decided on : Mar-14-1985
Reported in : (1985)49CTR(Del)119; 157ITR308(Delhi)
..... rejected the plea that the acquisition was not initiated in accordance with law and held that the proceedings had been validly initiated under chapter xx-a of the income-tax act, 1961. he also held that the fair market price of the plot was rs. 8,16,667 and thus the apparent consideration of rs. 5,50, ..... d.k. kapur j.1. there are four appeals under section 269h of the income-tax act, 1961, before us relating to the sale of a plot situated at m-l, road no. 5, greater kailash-ii, new delhi, measuring 195 sq. ..... 15% below but also 25% below the true market value. the conditions of the act being fulfillled, the acquisition of the plot was directed 3. the purchasers, who were shri kishori lal mehra and his three sons filed appeals to the income-tax appellate tribunal under section 269g. after narrating all the facts and the circumstances of the ..... for the department urges that other provisions of the wealth-tax act would be attracted and the power of the valuation officer includes the power to rectify the initial report. for this purpose, reference was made to section 35(1 ..... clause (b) of sub-section (1) shall, for the purpose of dealing with such reference, have all the powers that he has under section 38a of the wealth-tax act, 1957 (27 of 1957).' 19. there is no mention of any second report in section 38a. the section only gives powers of entry or inspection. the learned counsel .....Tag this Judgment!
Court : Delhi
Decided on : Feb-20-1985
Reported in : 165ITR88(Delhi)
kapur, j. 1. there is a preliminary objection regarding this petition under section 256(2) of the income-tax act, 1961. the petition was filed on may 12, 1980. but was directed to be returned by the deputy registrar on may 15, 1980. there were four objections out of which we are only concerned with objections nos. 1 and 4. the first objection was 'the petition should be duly signed by counsel'. the fourth objection was 'date of acceptance should be given in the power of attorney'. the petition was duly signed by the then standing counsel, shri m. l. verma, but it was refiled on february 9, 1982. at the same time, the power of attorney was also completed by putting the date 'may 12, 1980'. we find that there is a difference between the signatures of shri m. l. verma on the two documents but we are told that the signatures are his. so, this question does not survive. 2. the only question now surviving is that the completed petition was filed on february 9, 1982. the limitation period is six months from the date of refusal. as the petition was properly filed only on february 9, 1982, it is clearly barred by time. 3. learned counsel for the department urged that the petition was otherwise complete being accompanied by a affidavit and other relevant documents. but as the petition was unsigned when initially filed, it was no petition at all. this petition is dismissed. no costs. 4. petition dismissed.Tag this Judgment!
Court : Delhi
Decided on : Mar-31-1985
Reported in : 158ITR338(Delhi)
..... , on the facts and in the circumstances of the case, the tribunal was legally correct in holding that the penalty provision of section 271(1)(c) of the income-tax act, 1961, is not attracted in this case and hence in cancelling the penalty imposed by the inspecting assistant commissioner ?' 2. the facts of the case are that ..... other explanationn. the explanationn was in force in the assessment year 1968-69 with which we are concerned. as the returned income in this case was rs. 2,272 and the correct income determined by the income-tax officer was rs. 15,273, obviously the explanationn came into effect. so, it was for the assessed to prove the ..... concerning which the income-tax officer had made additions. penalty proceedings under section 271(1)(c) of the act were taken. in connection with the cash credit amount of rs. 8,000, there were two entries, one for rs. 2,000 ..... the assessed, who is unfortunately unrepresented before us, had filed a return showing an income of rs. 2,272. the income-tax officer was of the view that a sum of rs. 13,000 had to be added as income from undisclosed sources. there were two credit entries of rs. 5,000 and rs. 8,000 ..... has not discussed this statement but appears to have rejected the same as shri lal chand was not a man of means. before the income-tax appellate tribunal in appeal, a very short order was passed saying that in view of the decision of the supreme court in .....Tag this Judgment!
Court : Delhi
Decided on : Mar-06-1985
Reported in : 158ITR157(Delhi)
..... capital gain was computed at rs. 2,25,699. 3. on appeal, the appellate assistant commissioner confirmed the order of the income-tax officer as also the application of section 52(2) of the income-tax act. the quantum of capital gain was reduced to rs. 1,65,379 as a result of recalculation of the value of shares. ..... case of the present reference under sections 256(1) of the income-tax act, 1961, which relates to the assessment year 1972-73, the question referred is : 'whether, on the facts and in the circumstance of the case, the tribunal was legally correct in holding that capital gains tax was not livable and in excluding the capital gains for assessment ..... 2. the facts of the case show that the assessed had made a small profit from the sale of investments but on an examination of the case, the income-tax officer found that sales of ordinary and deferred shares of dalmia dadri cement ltd. was shown to be at the rate of rs. 11 and rs. 1. ..... 4. there was a further appeal to the tribunal where several points were urged. one of the points was that section 52(2) of the act was not applicable on ..... value of the sale, there can either be capital gain or there can be a deemed gift. if a deemed gift is to be charged, the gift-tax act applies, but if the excess amount is to be subjected to capital gains, then section 52(2) will come into operation and that too in the .....Tag this Judgment!