Court : Delhi
Decided on : Nov-04-1991
Reported in : (1992)101CTR(Del)179; 46(1992)DLT14; 1992(22)DRJ1; 194ITR32(Delhi); 1991RLR551
..... the petitioner no. 1 made requests that he may be permitted to attend to his work in the high court. this permission was not not granted. the income-tax act does not give any power to the income-tax department to arrest an individual. the department certainly has the power of recording the statement of a person in accordance with law. the petitioner no. i ..... the accounts furnished. merely because an allegedly lavish marriage had taken place can be no basis for forming an opinion under section 132(1). asurvey under section 133a of the income-tax act was conducted, in the present case and a statement showing the expense which had been incurred was submitted to the department. the source of the expense was also indicated. there ..... section 132(1). non-filing of the return may give a right or jurisdiction to the respondents to invoke the provisions of sections 147 and 148 of the income tax act in an effort to tax the same. this is not a case where money was received surreptitiously or that the department did not have knowledge of the receipt of the money by the ..... incorporated in order to enable the department to take physical possession of those moveable properties or articles which are or represent undisclosed income or property. the words 'undisclosed income' must mean income which is liable to be taxed under the provisions of the income tax act but which has not been disclosed by an assessed in an effort to escape assessment. not disclosed must mean the intention .....Tag this Judgment!
Court : Delhi
Decided on : Feb-20-1991
Reported in : (1991)95CTR(Del)78; 192ITR221(Delhi)
..... excise demand of rs. 21,74,258.20. this excise demand for 1979-80 would be relevant to the assessment year 1980-81 under the income-tax act. the income-tax officer, in respect of the assessment year 1980-81 has disallowed the claim under this head. if the contention of mr. gupta is correct ..... contingent liability which is not acknowledged even as a debt by the assessed qualifies for deduction under the income-tax act (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that the principles laid down by the supreme court in ..... ever raised or considered by the tribunal. it is contended that the tribunal has stated that the ground of the petitioner is that the commissioner of income-tax (appeals) had erred in allowing the excise duty liability of rs. 92,98,805 pertaining to the assessment year prior to the assessment year 1981 ..... not accrued and it was not a liability at the present time. 6. an appeal was filed against the said decision and the commissioner of income-tax allowed the claim of the assessed. further appeal was filed to the tribunal and the tribunal, following the decision of the supreme court in the ..... show cause notice had been issued. in respect of the year 1981-82, with which the present petition is concerned, it was observed by the income-tax officer that as the assessed maintains the mercantile system of accounting, the claim for earlier years is normally inadmissible this year. he further held that, .....Tag this Judgment!
Court : Delhi
Decided on : Mar-22-1991
Reported in : (1991)94CTR(Del)213; 44(1991)DLT447
..... ) the short question which arises for consideiation in this writ petition is whether the application under section 256(1) of the income-tax act, 1961 filed by the commissioner of income-tax was within time.(2) by order dated 25th april, 1989 passed by the income tax appellate tribunal (hereinafter referred to as tribunal) the appeals filed by the department against the orders of the commissioner of ..... the chief commissioner is to be ignored. explaining the historical background it was submitted that the tribunal was finding it difficult to serve its orders on the relevant commissioners of income-tax. due to frequent change injurisdiction, which changes were never or seldom intimated to the tribunal, it was not known as to which was the commissioner who had administrative charge over ..... on the chief commissioner of income-tax, new delhi on 28th april, 1989. the chief commissioner, in his turn, served the said order on the ..... ) wore dismissed. these appeals had been filed by the income-tax officer before the tribunal because the commissioner income-tax (appeals) had deleted the penalty of rs. 12 lacs which had been levied on the petitioner herein by the ito under section 271(l)(c) of the act.(3) under the provision of section 254(3) the aforesaid order dated 21st april, 1989 was served .....Tag this Judgment!
Court : Delhi
Decided on : Oct-08-1991
Reported in : (1991)100CTR(Del)199; 46(1992)DLT399; 1991(1)DRJ(Suppl)76
..... kashi ram aggarwalla but the supreme court observed that 'this decision is not of any assistance to the revenue in the present case since that was transfer from one income-tax officer to another income tax officer in the same citv, or, as stated in the judgment itself, 'in the same locality' and the proviso to section 127(1). thereforee, applied. (10) it is ..... the petitioner before us. in view of this we need not go into the submissions of learned counsel for the respondent that the provisions of section 124(3) of the income tax actwere attracted in the present case and the petitioners did not raise the question of jurisdiction within the time prescribed by the said provisions. (14) we have no doubt in ..... that the impugned orders cannot be challenged on the ground that the board has not recorded reasons in directing the transfer of the cases pending against the assessed from one income-tax officer to another in the same locality.'(13) from the aforesaid it is clear that the order passed under section 127(3), as the said provision now exists, is merely ..... reaso's for the transfer should have been communicated. the section cantention is that the order dated 7th may 1990 was not served on the assessed by the commissioner of income tax and lastly, it is contended that the order of transfer is effective onlyfronv the date when it was communicated to the petitioners. intbisconriclionitis- submitted that any action taken prior to .....Tag this Judgment!
Court : Delhi
Decided on : Mar-22-1991
Reported in : 190ITR24(Delhi)
..... a single common order dated may 5, 1989, all the three reference applications were dismissed. 8. the petitioner, thereafter, filed a single application under section 256(2) of the income-tax act. this application is in respect of the assessment years 1982-83 to 1984-85. 9. when the application came up for hearing before a division bench, counsel for the respondent ..... . 1. the question which has been referred to this bench for consideration is whether a single application under section 256(1) and/or 256(2) of the income-tax act, 1961, is maintainable when theincome-tax appellate tribunal disposes of, by a common order, appeals pertaining to more than one year and/or of different assesseds. 2. in respect of the assessment years ..... maintainable. 12. before referring to the aforesaid decisions, it will be more appropriate to examine the relevant provisions of the income-tax act. 13. appeals are filed to the appellate tribunal under section 253(2) of the act. by virtue of the powers conferred on it by section 254, the said appeals are heard and decided by the tribunal. sub-section (4) of ..... was, thereforee, denied deductions under section 24 of the said act. 4. three different appeals were filed by the petitioner challenging the assessment of the said income under the head 'income from other sources'. 5. in respect of the aforesaid three assessment years, three separate appeals were filed before the commissioner of income-tax (appeals), new delhi. for the assessment year 1982-83, .....Tag this Judgment!
Court : Delhi
Decided on : Apr-12-1991
Reported in : (1991)96CTR(Del)1; 191ITR331(Delhi)
..... case. 28. thus, on both the grounds, on the ground of accrual of profits to the assessed-company and also on the ground of applicability of section 60 of the income-tax act, we are of the opinion that the profits arising from the working of the two cement factories situated in pakistan for the years october 1, 1962, to september 30, 1963 ..... be to the account of maneckji but before that date, it would not be so. 19. there is yet another aspect of the matter based on section 60 of the income-tax act which, according to the tribunal, would not govern the case. a contention has been advanced by shri rajendra, learned counsel for the revenue that. in view of the provisions contained ..... then was) and hon'ble mr. justice ranganath misra (as he then was) concurred and observed as under (headnote) : '(i) for the content of taxable income, one has to refer to the substantive provisions of the income-tax act, 1961, mainly section 5 read with the other relevant sections. (ii) in some limited fields where something which is the reality of the situation prevents ..... moneys under the contract were in fact received by the assessed. thobhandas jivanlal gajjar. it was further observed that, in view of the provisions contained in section 60 of the income-tax act, 1961, all income arising to any person by virtue of a transfer, whether revocable or not, and whether effected before or after the commencement of the said .....Tag this Judgment!
Court : Delhi
Decided on : Oct-31-1991
Reported in : 1991(1)DRJ(Suppl)102; 194ITR700(Delhi)
..... to the following paragraph as well of the judgment of the andhra pradesh high court in parimisetti seetharamamma v. cit : 50itr450(ap) : '... when once an assessment is reopened under section 34, the income-tax officer proceeds de novo under the relevant section of the income-tax act, i.e., he issues notice under section 22(2) and proceeds to assess the assessed. he has to ..... . wadhwa, j.1. these references numbering fourteen, all consolidated, under section 256(2) of the income-tax act, 1961 (for brevity 'the act'), raise a common question whether the provisions of section 144b of the act (since repealed) are applicable to proceedings initiated under section 147/148 of the act. 2. the questions of law which have been referred are three and are as under : '1 ..... the old act on the basis of the original assessment under section 23(3) of the old ..... (iv) to section 153 did not come to be considered. 18. in cit v. ram chandra singh : 104itr77(patna) , the question raised was whether the levy and demand of penalty under section 273(b) of the act on the basis of the reassessment under section 34 of the old act (income-tax act, 1922) after giving deduction for penalty levied under section 18a(9) of .....Tag this Judgment!
Court : Delhi
Decided on : Jul-19-1991
Reported in : ILR1992Delhi285; 192ITR361(Delhi)
..... 7. in any case, we do not find any case being made out for our coming to the conclusion that section 27(iii) is ultra vires. the income-tax act is replete with deeming provisions, for example, if a closely held company does not declare dividend, then, under certain circumstances, dividend is deemed to have been declared ..... of built-up space in nirmal commercial building, bombay, the petitioners are being treated as owners by virtue of the provisions of section 27(iii) of the income-tax act, 1961. the contention of the petitioners is that a part of the building of which the petitioners are licensees, is owned by a separate juristic entity, viz ..... the submission of learned counsel is that the company is being taxed under the wealth-tax act as well as the income-tax act. it is quite evident that it is only for the purposes of sections 22 to 26 of the income-tax act that the person liable to pay tax is the one provided by section 27(iii). 10. any contention ..... may here note that there was a conflict of judicial opinion in this regard, viz., under which provision of the income-tax act can income from house property be taxed if a member of an association of persons or a company is allotted a building but the sale deed has not been registered in ..... , as contemplated by section 27(iii) is deemed to be an owner only for the purposes of sections 22 to 26 of the income-tax act. in other words, the legal ownership will not vest in such a person but, in order to decide under what head he should be .....Tag this Judgment!
Court : Delhi
Decided on : Feb-05-1991
Reported in : (1991)94CTR(Del)203; 44(1991)DLT5; 192ITR310(Delhi)
..... the findings of the tribunal on question of fact with which we are in agreement. (15) we may note here that the relevant provisions of chapter xx-a of the income tax act regarding acquisition of immovable properties are m the nature of penal provisions and the same require to be strictly applied. we find that the competent authority has totally mis-directed ..... final order dated 27.11.87 maintaining the said fair market value of. the property. in the appeal filed before the tribunal by the assessed under section 269g of the income tax act, the very basis of the findings of the competent authority was challenged. the tribunal has gone into the various points urged before it in its detailed order dated 30th april ..... following reasons for initiation of proceedings under section 269c(1) of the income tax act : 'thesubject property admeasuring 34,514 sq. ft. or 3824 sq. yds. has been transferred vide agreement for sale dated 31st august 1985. information in f. no. 37ee was received on ..... the facts and circumstances of this case and thereforee we need not go into the question of the stage of availability of the presumption under section 269c(2) of the income tax act which is the subject matter of finding no. 5 of the tribunal and we leave-the said question for determination in an appropriate case (7) the competent authority recorded the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-14-1991
Reported in : ILR1992Delhi731; 194ITR7(Delhi)
..... b.n. kirpal, j. (1) the challenge in this writ petition is to the validity of section 28(iiib) and section 2(24)(vb) of the income-tax act with retrospective effect by the finance act of 1990. (2) briefly stated the facts are that the petitioner is an exporter and pursuant to the policy of the government of india it received cash compensatory support ..... entry 82. in navnit lal's case (supra) applying the same ratio, the supreme court upheld the validity of section 2,(6a)(e) of the indian income-tax act, 1922 which inter alia, provided that a loan taken by a share holder of a private limited company would be deemed to be a dividend. the court held that the ..... in-extricably linked with the business of export of the petitioner and the same cannot partake of any character except that of income. it is only the income-tax act which may designate a category of receipt which is income in nature. as capital or revenue. the decision of the income-tax tribunal, on which reliance was placed by mr. sharma had regarded this receipt as capital ..... on 25th june, 1990 an application under section 264 had been filed before the commissioner of income-tax for waiver of interest. (4) as already indicated hereinabove, by the finance act, 1990 two amendments were made in the income-tax act which adversely affected the interest of the petitioner. in section 28, clause (iiib) was inserted w.e.f. 1st april, 1967. according to this the .....Tag this Judgment!