Court : Delhi
Decided on : Oct-28-1997
Reported in : 232ITR381(Delhi)
..... to saying that the order appealed against merges into the appellate order dismissing the appeal in liming as barred by time. section 264 of the income-tax act, 1961, which confers revisional jurisdiction on the commissioner over orders passed by an authority subordinate to him is wide in its terms. the commissioner ..... account of law having been settled subsequently would not be available for change by exercising jurisdiction for rectification of mistakes under section 154 of the income-tax act, 1961. in the 60s and early 70s wherein fall the assessment years 1965-66 to 1968-69, the years relevant for the purpose of ..... the circumstances of the case, the appellate tribunal was justified in law, in the appeal arising from the rectification proceedings under section 154 of the income-tax act, 1961, in giving relief to the assessed on the merits, without there being an error on the face of the record (2) whether, ..... had ceased to exist as per the theory of merger. we may deal with the first contention relating to the applicability of section 154 of the income-tax act, 1961, to the facts of the case at hand. in m. k. venkatachalam, ito v. bombay dyeing and . : 34itr143( ..... jurisdiction of rectification referable to section 154 which we proceed to notice and state shortly hereinafter. section 154 of the income-tax act, 1961, speaks of 'any mistake apparent from the record' being rectified by an income-tax authority. it has been held in t. s. balaram, ito v. volkart bros. : 82itr50(sc .....Tag this Judgment!
Court : Delhi
Decided on : Sep-05-1997
Reported in : 1998IIAD(Delhi)578; (1998)148CTR(Del)345; 71(1998)DLT772; 1998(44)DRJ87; 230ITR912(Delhi)
..... its territorial jurisdiction. the decision of one high court is not a binding precedent for another high court or for courts or tribunals outside its territorial jurisdiction. (para 11) 2. income-tax act, 1961- s. 256- jurisdiction of high court to hear reference depends on situs of assessing officer-place of seat of tribunal's bench immaterial.the questions of law arising for ..... even to a high court, in a reference under section 256 of the income-tax act would again amount to conferring jurisdiction upon them to pronounce upon the constitutional validly of the provisions of the statute creating them, which would clearly be contrary to the well ..... is binding only upon the authorities, tribunals and courts functioning within its territorial jurisdiction, no tribunal beyond such jurisdiction can treat or hold as constitutionally invalid any provision of the income-tax act solely for the reason that the high court of another state may have declared the said provision to be ultra vires. to grant such a power to the tribunal or ..... out that there were no statutory provisions determining the proper high court to which the reference should be made by the tribunal. the division bench having analysed several provisions of income-tax act, held that the reference was maintainable only before the allahabad high court and not before high court of delhi. a perusal of the judgment, extensively dealing with all the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-05-1997
Reported in : 1997VIAD(Delhi)912; 73(1998)DLT75; 1998(44)DRJ120; 1998(102)ELT524(Del); 232ITR395(Delhi)
..... tribunal sympathetically.(43) we cannot resist observing that the petitioners are attempting at riding two horses at a time. they are parallel pursuing the remedy under section 256 of the income-tax act before the tribunal and under articles 226/227 of the constitution before the high court, agit ating the very same issues before two different for a simultaneously. they must thank ..... so far as the order dated 3/1/1997 is concerned the only remedy available to the petitioners is by invoking jurisdiction of the tribunal under section 256 of the income-tax act which the petitioner have already done. that remedy eclipses all the pleas available to the petitioners against the order dated 3/1/1997 from being raised before this court in ..... order which reads as under : ' high court has rejected the writ petition of the petitioner on the ground that she has an alternative remedy under section 256(1) of the income-tax act. we do not see any reason to interfere. the special leave petition is dismissed.' (18) when the present petitions came up for hearing before this court, on behalf of the ..... court on 21/3/1997. the counsel for the respondent had also made appearance. the division bench held as under : ' in our view the remedy under section 256 of the income-tax act is available to the petitioner against the order dated 3rd january, 1997 and in this view we decline to entertain this petition in exercise of our jurisdiction under article 226 .....Tag this Judgment!
Court : Delhi
Decided on : Jul-25-1997
Reported in : ILR1997Delhi252; 230ITR166(Delhi)
..... net maintainable rent should have been arrived at in the same manner as the annual letting value is determined under section 23 for the purpose of section 22 of the income-tax act. 12. for the aforesaid reasons, the question is answered in the negative, i.e., in favor of the assessed and against the revenue. there will be no order as to ..... /6th of the gross maintainable rent, as permissible under rule 1bb, which rule, in so far as those deductions are concerned, in substance, is identical to section 24 of the income-tax act. 11. we are, thereforee, of the opinion that for the relevant assessment years, when the tribunal directed adopting of the rent capitalisation method for valuing the property in question, the ..... the procedure for determination of fair market value of property, there were no guidelines for the determination of the net annual letting value of a property. section 24 of the income-tax act, enumerating various expenses which could be allowed as deduction for arriving at the annual value of a property for the purpose of its taxability under section 22 of the said ..... applied to net annual letting value by taking into account the actual expenses of repairs and collections or the statutory expenses under this held according to section 24 of the income-tax act, 1961 ?' 2. the assessed before us is an individual having a 1/4th interest in an immovable property known as 'scindia house', new delhi, wholly let out to 127 tenants .....Tag this Judgment!
Court : Delhi
Decided on : Dec-12-1997
Reported in : 235ITR781(Delhi); 99TAXMAN202(Delhi)
..... ]161itr365(sc) , it has been held:'it is now well settled the appellate tribunal is the final fact finding authority under the income tax act and that the court has no jurisdiction to go behind the statement of facts made by the tribunal in its appellate order. the court may do so only if there ..... orderr.c. lahoti, j.this is a petition under section 256(2) of the income tax act, 1961 (hereinafter referred to as `the act') filed by the revenue seeking a direction to the tribunal, delhi, for drawing up a statement of case and referring the following question for the opinion of the high court:' ..... high court, the high court has no jurisdiction to go behind or question the statement of the fact made by the tribunal.' (p.548)11. in gouri prasad bagaria v. cit : 42itr112(sc) , the income tax officer found a sum of rs. 72,523 credited in the assessor's account books in the name of his father. the ..... income tax officer called upon the assessed to explain why the amount be not treated as income from some unknown source. the explanationn offered by the assessed was not accepted by the income tax officer and the amount was added to the income of the assessee. however, on appeal, the tribunal accepted the explanationn .....Tag this Judgment!
Court : Delhi
Decided on : Dec-12-1997
Reported in : 235ITR781(Delhi)
..... 161itr365(sc) , it has been held (headnote) : 'it is now well-settled that the appellate tribunal is the final fact-finding authority under the income-tax act and that the court has no jurisdiction to go behind the statements of fact made by the tribunal in its appellate order. the court may do so ..... with the explanationn given by the assessed and, thereforee, he added the disputed amount as unexplained in the hands of the company under section 69a of the act. the commissioner of income-tax (appeals) maintained the order of the assessing officer. 5. the assessed preferred a further appeal to the tribunal. the tribunal has accepted the appeal of the ..... under section 256(2) of the income-tax act, 1961, filed by the revenue seeking a direction to the income-tax appellate tribunal, delhi, for drawing up a statement of case and referring the following question for the opinion of the high court : 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law ..... order of the tribunal to be more specific, 'on the facts and circumstances' found by the tribunal. 13. the petition under section 256(2) of the income-tax act, 1961, is thereforee, rejected. ..... court, the high court has no jurisdiction to go behind or question the statements of fact made by the tribunal.' 11. in gouri prasad bagaria v. cit : 42itr112(sc) , the income-tax officer found a sum of rs. 72,523 credited in the assessor's account books in the name of his father. the .....Tag this Judgment!
Court : Delhi
Decided on : Feb-20-1997
Reported in : 227ITR843(Delhi)
..... orissa cement ltd. v cit : 200itr636(delhi) . in view of these decisions the deductions claimed ..... 581 holding that surtax levied under the companies (profits) surtax act, 1964, clearly falls within the mischief of sub-clause (ii) of clause (a) of section 40 of the income-tax act, 1961, and cannot be allowed as a deduction while computing the business income of the assessed under the provisions of the income-tax act. a similar view had earlier been taken by this court in ..... ground that it should have been allowed against the business income of the assessed for all the years under consideration and relied upon the decision of a bench of the ..... was a mistake apparent on the record which called for rectification by the income-tax officer, under section 154 ?' 2. for the assessment years in question, the original assessments were completed in usual course. after the completion of the assessments, the assessed filed applications under section 154 of the income-tax act, 1961, claiming deduction of surtax paid by the assessed on the .....Tag this Judgment!
Court : Delhi
Decided on : Nov-13-1997
Reported in : 233ITR13(Delhi)
..... , the tribunal was right in holding that circular no. 204/35/73-ita-i dated november 12, 1973, issued by the central board of direct taxes interpreting the provisions of section 36(1)(viii) of the income-tax act, 1961, in favor of the assessee, was not to be applied to the assessor's case ? (ii) whether, on the facts and circumstances of the ..... high courts taking a view to the contrary and concluded as under (headnote of : 203itr422(cal) :'as section 36(1)(viii) of the income-tax act, 1961, originally stood, no indication was given as to how the total income should be computed for the purpose of allowing the deduction under the section. in 1967, an amendment was made which provided that the total ..... profit of the amount transferred by them out of such profits to a special reserve account, up to a specified percentage of their total income as computed before making any deduction under chapter vi-a of the income-tax act, 1961. the deduction is available only where the financial corporation is approved by the central government for the purposes of this section. the question ..... whether the specified percentage of rate is to be applied to the total income (computed before making any deduction under chapter vi-a) before or after .....Tag this Judgment!
Court : Delhi
Decided on : Oct-13-1997
Reported in : 241ITR305(Delhi)
order1. this is an application under section 256(2) of the income-tax act, 1961 ('the act') filed by the revenue seeking mandamus to the tribunal for drawing up a statement of case and referring the following two questions as questions of law arising from the order ..... were not actually used and were not capable of being used by the lessee for the purpose for which they were intended, would the applicability of section 32 of the act be attracted section 32 speaks of assets being used by the assessed for the purpose of business or profession. the fact that the assets were not actually used or were ..... tribunal had no occasion to apply its mind to the suggested question whether it arises for reference or not - cit v. scindia steam navigation co. ltd : 42itr589(sc) , cit v. kotrika venkataswamy & sons : 79itr499(sc) and lakshmiratan cotton mills co. ltd v. cit : 73itr634(sc) . 5. for the foregoing reasons, we are of the opinion that the questions on which .....Tag this Judgment!
Court : Delhi
Decided on : Feb-14-1997
Reported in : 70(1997)DLT652
..... m.k. sharma, j. (1) the assessed has filed this petition under section 256(2) of the income tax act 1961 (hereinafter called the 'act') seeking to refer the following questions, stated to be questions of law, to this court for its opinion relevant to the assessment year 1983-84 : ..... this question gives rise to any question of law. (8) question no. 6 relates to disallowance of rs. 1,27,431.00 out of rates and taxes. on careful perusal of the order of the tribunal, we find that no referable question of law arises from the order of the tribunal and we decline to ..... by the tribunal. the aforesaid question appears to be covered by the decision of this court in the case of bharat carbon and ribbon mfg. co. ltd. v. cit reported in : 127itr239(delhi) , wherein, it was held that the assessed is not eligible to treat this as a revenue expenditure. in view of the aforesaid ..... the questions proposed and also heard the learned counsel for the parties and perused the order of the tribunal rejecting the application under section 256(1) of the act, as well as the appellate order passed by the tribunal out of which the aforesaid questions of law are stated to have arisen. (3) question no. ..... of companies, for increase in authorised capital of the company, is capital expenditure? 6. upholding the disallowance of rs. l,27,431.00 out of rates and taxes? 7. upholding the disallowance of rs. 40,03,000.00 being provision on account of rebates and discounts on sales of the year under consideration on the .....Tag this Judgment!