Court : Kolkata
Reported in : 2005(183)ELT250(Cal)
..... ors. : 157itr665(sc) , after considering the question whether the high court was empowered to grant stay or pass interim orders in pending references under the indian income-tax act, 1922, section 66, and the income-tax act, 1961, section 256, their lordships said (in, para 38 of the report)'in an appropriate case, if the assessee feels that a stay of recovery pending disposal ..... noted law was declared by their lordships in commissioner of income-tax, delhi and ors. v. bansi dhar & sons and ors. : 157itr665(sc) , are almost identical with the ones of ..... thought fit. but in case the appellate authority acted without jurisdiction or in excessive jurisdiction or in improper exercise of the jurisdiction, then decision of such appellate authority can be corrected by the high courts by issuing appropriate writs under articles 226 and 227 of the constitution.'6. the provisions of the income-tax act, 1961, section 256, considering which the above ..... the customs act, 1962, section 130a. hence 1 am of the view that it (the law declared) will equally apply to a case under .....Tag this Judgment!
Court : Kolkata
Reported in : 212ITR303(Cal)
..... respect of the entire property income in accordance with the agreement entered into by the assessee with the government of india, department of rehabilitation, as per the agreement ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, the tribunal has referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, ..... -company were benefited in earning substantial income for leasing out the entire property to an outside tenant which happened to be a government department. it is pointed out that the assessee was the owner of the property and, therefore, in terms of section 23(1) of the income-tax act, 1961, it was assessable in ..... deleted the addition of rs. 72,000 made in each of the two assessment years under consideration.6. aggrieved by the order of the commissioner of income-tax (appeals), the department came up in appeal before the tribunal. on a consideration of the submission of the rival parties and the evidence brought on record ..... minus the lease-rent fixed in the original lease agreements dated may 6, 1966, as modified on september 16, 1966. in the assessment year 1983-84, the income-tax officer observed thus -'in the details filed, the assessee has show rs. 44,330.40 only as rent from 25a, shakespeare sarani, calcutta. the assessee-company .....Tag this Judgment!
Court : Kolkata
Reported in : 208ITR700(Cal)
..... of one month and 18 days in presenting the appeal had to be explained by the commissioner upon whom the appellate order was served.5. the relevant provisions of the income-tax act are as under :'section- 253. (2) the commissioner may, if he objects to any order passed by an appellate assistant commissioner under section 154 or section 250, direct the ..... suhas chandra sen, j. 1. the following question of law has been referred by the tribunal to this court under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the departmental appeal is time-barred in spite of the fact ..... made for condonation of the delay the only ground made out was that the commissioner of income-tax had wrongly forwarded the order passed by the commissioner of income-tax (appeals) to the income-tax officer, 'h' ward, comp district iv, calcutta, on february 9, 1982, instead of to the income-tax officer, 'a' ward.7. it has not been explained by the commissioner why this mistake was ..... income-tax officer to appeal to the appellate tribunal against the order. (3) every appeal under sub-section (1) or sub-section (2) shall be filed within sixty days of the date .....Tag this Judgment!
Court : Kolkata
Reported in : 215ITR870(Cal)
..... assessment year 1981-82 was filed on july 30, 1983. as there was a variation between the income shown in the return and the income proposed, the income-tax officer drew up a draft under section 144b(1) of the income-tax act, 1961, on september 6, 1983. the assessee submitted its objection by a letter dated september 12 ..... , 1983. the inspecting assistant commissioner communicated his directions on september 24, 1984, which were received by the income-tax officer on ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, the tribunal has referred two questions, one relating to the assessment year 1981-82 and the other relating to ..... it is clear that the provisions thereof extend the limitation by the time which the inspecting assistant commissioner may take in giving directions to the income-tax officer but such extension shall not exceed 180 days. explanation 1 provides that in computing the period of limitation for the purpose of section 153, ..... it was urged that the finding given by the commissioner is incorrect.5. the tribunal, following its earlier order, maintained the order of the commissioner of income-tax (appeals) on this point.6. the assessee's contention is that the extension of limitation by 180 days in terms of clause (iv) of explanation .....Tag this Judgment!
Court : Kolkata
Reported in : 204ITR545(Cal)
..... :'whether, on the facts and in the circumstances of the case, the tribunal was justified in upholding the disallowance of the claim under section 80g of the income-tax act, 1961, in respect of the donation of rs. 1,50,000 given to vishwa mangal trust ?3. r. a. no. 962/(cal) of 1986 ..... shares by holding that the said expenses were not capital expenditure ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in deleting the addition of rs. 14,467 being export subsidy and duty drawback accrued to the assessee in the ..... :(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in deleting the dis-allowance of rs. 7,500 representing the statutory fee paid in connection with the application to raise ..... 1986 is also concluded by a judgment delivered on september 22, 1989, in the assessee's own case for the earlier assessment year in income-tax reference no. 128 of 1982 (cit v. wood craft products ltd.), wherein it was held that the appellate tribunal was not justified in its decision. following that judgment, question ..... reinforced on a permanent basis. this was the main purpose of the expenditure. in view of that, it was held that the change in the income-earning apparatus or structure was brought about by raising additional capital. the expenditure incurred for that purpose had to be treated as capital expenditure. the .....Tag this Judgment!
Court : Kolkata
Reported in : 203ITR80(Cal)
..... view of the matter we are of the opinion that the sum received from the insurance company represented nothing but agricultural income and as such exempt under section 4(3)(viii) of the indian income-tax act, 1922.'7. in our opinion, the principles laid down in the aforesaid decision will apply to the facts of this ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1081-82, the following question of law has been referred to this court :'whether, on the facts ..... in the aforesaid case was distinguishable on facts. the learned authorised representative for the assessee-company, on the other hand, fully supported the order of the commissioner of income-tax (appeals). reliance was placed on the decision of the calcutta high court in the case of b. gupta (tea) pvt. ltd. : 74itr337(cal) ..... on a perusal of the three damage reports that the valuers in all cases evaluated the hail damage finally in terms of 'made-tea'. the income-tax officer was of the view that the claims admitted by the insurance company also covered a portion of an overall loss in each of the three ..... case. the entire receipt under the insurance policy for damage caused by the hailstorm to the growing tea leaves will be assessable as agricultural income and no part of the said income can be apportioned under rule 8 of the income-tax .....Tag this Judgment!
Court : Kolkata
Reported in : 207ITR376(Cal)
..... which it was held that where, in respect of any year, the return has been voluntarily filed, the income-tax officer cannot ignore the same and any notice of the reassessment under section 34 (old income-tax act), ignoring the said return, would be invalid. further, reliance was placed on the decision of the calcutta ..... it, to hold that the amount noted in the footnote was really the assessee's income in which case an assessable income would have been found and the tax could be charged thereon. if the income-tax officer had acted on that return and assessed the assessee before march 31, 1959, the assessment would ..... 256(1) of the income-tax act, 1961, the following questions of law have been referred to this court for the assessment year 1972-73 :'1. whether, on the facts and circumstances of the case, the tribunal was justified in reversing the decision of the commissioner of income-tax (appeals) and restoring ..... .8. the revenue brought the appeal before the appellate tribunal contending that sufficient material and facts have been brought on record, which the income-tax officer did take into account, in spite of the claim of the assessee to the contrary. the revenue pointed out the different and ..... any addition under the provisions of section 69 of the act. but learned counsel wants us to blink at the fact that, in 1975, the assessee completely disowned the investment by way of bank deposits. he then impugns the income-tax officer's jurisdiction to invoke the provisions of section 69 .....Tag this Judgment!
Court : Kolkata
Reported in : (1994)121CTR(Cal)20,208ITR465(Cal)
..... there were two assessments under section 144 due to non-compliance by the assessee but both the ex parte assessments were reopened under section 146 of the income-tax act, 1961. the present assessment was a third assessment made under section 143(3)/146 on march 11, 1986. in the course of assessment proceedings for ..... ajit k. sengupta, j.1. in this reference under section 256(2) of the income-tax act, 1961, for the assessment years 1978-79 and 1979-80, the following question has been referred to this court :'whether, on ..... regarded as genuine and is added back1,00,000 11-054-fq-0953cal/c/vi(c)it appears from the order of the commissioner of income-tax (appeals) that the income-tax officer allowed opportunity to the assessee for about 7 1/2 years starting from september 16, and ending on february 24, 1986, to ..... 37,512 for the assessment year 1979-80.2. aggrieved by the orders of the assessing officer, the assessee filed appeals before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals), considering the facts and circumstances of the case, confirmed the additions.3. being aggrieved, the assessee came up in appeal before the ..... . the assessee-company has proved the identity of the creditors and their creditworthinessand the genuineness of the transactions should have been found out by the income-tax officer by making investigation from their bank accounts because of the account payee cheques being issued and other related evidence. the additions on account of .....Tag this Judgment!
Court : Kolkata
Reported in : (1993)2CALLT348(HC),207ITR881(Cal)
..... at the instance of the revenue, the following questions have been referred by the tribunal for the opinion of this court under section 256 of the income-tax act, 1961: '1. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in holding that the royalty ..... terms of the said agreement executed on may 18, 1972. this provision was made for the period april 1, 1970, to march 31, 1972. the income-tax officer allowed deduction in the sum of rs. 3,45,600 for the period april 1, 1971, to march 31, 1972, corresponding to the assessment ..... in the assessment year 1972-73 2. whether, on the facts and in the circumstances of the case while restoring the issue to the income-tax officer relating to the determination of the chargeable head of the interest accrued on fixed deposits, the tribunal was justified in law in observing that ..... to say, previous year relevant to the assessment year 1971-72. the disallowance made by the income-tax officer was later confirmed on appeal by the commissioner of income-tax (appeals). the assessee filed second appeal to the income-tax appellate tribunal. it was submitted before the tribunal on behalf of the assessee that it was ..... the tribunal was correct in law to hold that the interest accrued on fixed deposits should be assessed under the head 'business income' ?' 2. this reference relates to the income-tax assessment of the assessee-company for the financial year ending on march 31, 1972, being the previous year relevant to the .....Tag this Judgment!
Court : Kolkata
Reported in : 203ITR779(Cal)
ajit kumar sengupta, j.1. this reference under section 256(1) of the income-tax act, 1961, relates to the assessment year 1980-81, on the interpretation of rule 6d(2)(b) of the income-tax rules, 1962.2. the income-tax officer disallowed rs. 21,693 as against rs. 15,978 offered by the assessee ..... 2)(b), incidental conveyance expenses incurred (after reaching the destination) would be taken into consideration while making this disallowance. on appeal, the commissioner of income-tax (appeals) deleted both the disallowances. on further appeal, the tribunal held the deletion of the disallowance of rs. 5,985 on account of travelling ..... question of law has been referred to this court :'whether, on a correct interpretation of rule 6d(2)(b) of the income tax rules, 1962, the tribunal was justified in restricting the disallowance under the said rule to rs. 15,979 instead of rs. 21,963 as ..... calculated by the income-tax officer ?'4. at the hearing, it has been contended by learned counsel appearing for the revenue that the income-tax officer was justified in taking into account conveyance expenses incurred while making the disallowance under ..... down the limits of expenditure beyond which deduction is impermissible. even if equitable considerations may not be relevant in interpreting the provisions of a taxing statute, on the facts of this case, it must be held that the expression 'including hotel expenses or allowances paid in connection with .....Tag this Judgment!