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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1983 Page 1 of about 69 results (0.094 seconds)

Jul 18 1983 (HC)

Commissioner of Income-tax Vs. Ramchandra Poddar Charitable Trust

Court : Kolkata

Decided on : Jul-18-1983

Reported in : [1987]164ITR666(Cal)

..... . no. 195/l/72-it(a-i), dated january 24, 1973) (see [1973] 88 itr 66), it was clarified by the central board :'section 11 of the income-tax act requires 100 per cent. of the income of a charitable and religious trust to be applied for religious and charitable purposes to be entitled to the exemption under the said section. two questions have ..... the tribunal to refer the following question of law :'whether, on the facts and in the circumstances of the case and on a correct interpretation of section 11 of the income-tax act, 1961, the tribunal misdirected itself in law in holding that by giving away the shares valued at rs. 30,000 as charity, there was an application of the ..... the donation of shares made by one charitable trust to another would amount to application of income for charitable purposes within the meaning of section 11(1)(a) of the income-tax act, 1961 ('the act').2. the assessee's income during the relevant accounting period was rs. 30,201. the income-tax officer found that rs. 13,387 were applied towards charitable purposes. the expenses amounted to ..... rs. 328. the income-tax officer calculated that there was an accumulation of a sum of rs. 16,486 .....

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Jul 11 1983 (HC)

Commissioner of Income-tax Vs. Mcleod and Co. Ltd.

Court : Kolkata

Decided on : Jul-11-1983

Reported in : [1987]164ITR681(Cal)

..... permissible deduction in computing the assessee's profits under section 10(2)(xv) of the indian income-tax act, 1922 ?'5. the commissioner of income-tax thereupon applied to the high court under section 66(2) of the indian income-tax act, 1922, for referring the other question of law to the high court. that application was ..... was maintained, its business would have suffered and certain managing agencies would have been lost.'3. the commissioner of income-tax thereupon applied to the tribunal under section 66(1) of the indian income-tax act, 1922, for a case to be stated to the high court for reference of the following two questions oflaw ..... was a permissible deduction in computing the assessee's business profits under section 10(2)(xv) of the indian income-tax act, 1922 ?'2. the facts relevant for the purposes of these cases were stated by the supreme court in the case of the assessee in ..... alia, for an allowance of rs. 95,868 as provision for extraordinary legal and other expenses in computing its profits for the purposes of income-tax. the income-tax officer disallowed that claim holding, inter alia, that the payments which were made to different firms of solicitors for legal advice in the matter ..... of case by the tribunal to the high court was far from complete. in that statement, the tribunal, after referring to the facts found by the income-tax officer and the appellate assistant commissioner, stated that: 'since the major item of rs. 58,638 pertained to the bills of m/s. orr dignam .....

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Mar 14 1983 (HC)

Commissioner of Income-tax Vs. Usha MartIn Black (Wire Ropes) Ltd.

Court : Kolkata

Decided on : Mar-14-1983

Reported in : (1983)36CTR(Cal)207,[1984]148ITR236(Cal)

..... that the amount of royalty paid by the assessee-company to m/s. martin black & company (wire ropes) ltd. (u.k.) was not assessable to tax in india under s. 9(1)(i) of the income-tax act, 1961 ?' 2. the relevant facts have been set out in the statement of case which are as follows :3. the assessee-company submitted an application under ..... a non-resident company liable for payment of tax,some business activity in india on the ..... the non-resident will pay tax in india if such tax is payable in india in accordance with law. moreover, the liability to pay income-tax in india cannot be created by an agreement between the parties. whether the non-resident company is liable to pay tax in india or not will depend upon the provisions of the i.t act.11. in order to make ..... the nature of something for use of their asset. i, therefore, hold that the payment of royalty in the circumstances already detailed attracts tax liability by virtue of the provisions of section 9 of the i.t. act, 1961, to the effect that the income from any business connection in india or through or from any property or asset in india is an .....

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Mar 09 1983 (HC)

Commissioner of Income-tax Vs. New Swadeshi Mills of Ahmedabad Ltd.

Court : Kolkata

Decided on : Mar-09-1983

Reported in : (1984)39CTR(Cal)220,[1984]147ITR163(Cal)

..... of 98 itr (st.)):'deduction in respect of reserves created or provisions made for payment of gratuity to employees.--under section 36(1)(v) of the income-tax act, a deduction is allowed, in computing the taxable profits and gains of a business or profession, in respect of any sum paid by the taxpayer as ..... in holding that the assessee is entitled to agitate in the quantum appeal the ground in respect of the order passed by the income-tax officer levying interest under section 215 of the income-tax act, 1961?' 2. this case relates to the assessment year 1974-75 for which the accounting period is the year ended 31st ..... the sum of rs. 1,49,776 by means of the notice dated 2lst november, 1957, during the pendency of the assessment proceedings before the income-tax officer and before the analisation of the assessment. it is not possible to comprehend how the liability would cease to be one because the assessee had ..... have been referred by the tribunal under section 256(1) of the i.t. act, to this court.'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in directing the income-tax officer to allow the claim of rs. 19,71,126 for deduction on account of ..... under section 10(2)(xv) of the act. we are wholly unable to appreciate the suggestion that if an assessee under some misapprehensionor mistake fails to make an entry in the books of account and although, under the law, a deduction must be allowed by the income-tax officer, the assessee will lose the right .....

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Jan 18 1983 (HC)

Grindlays Bank Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-18-1983

Reported in : [1984]145ITR119(Cal)

..... the circumstances of the case, and on proper interpretation of the provisions of sections 9 ,160, 161 and 163 of the income-tax act, 1961, interest under section 139(8) of the act could be validly charged against the assessee for the accounting period relevant to the assessment year 1973-74. '9. there were ..... order dated 12th march, 1980, failed to consider the question of waiver of interest at all. it reversed the finding of the commissioner of income-tax (appeals) that no interest was leviable in law in this case. but it did not go into the question whether in the facts of this ..... therefore, in our view, rightly sent the matter back to the income-tax officer on this point for consideration of all the facts and circumstances and for taking a decision whether the interest should be charged or whether ..... (1) of section 139 either directly or through its statutory agent. we are of the view that all these things require consideration by the income-tax officer for the purpose of deciding whether the interest under section 139 should be waived or reduced under the rules and the appellate assistant commissioner, ..... act. admittedly, the said bank did not file the said return by 30th june, 1973. the said return as already stated was filed on 28th may, 1974. that being the position the said bank cannot escape the consequence of not filing the return of income by 30th june, 1973. as rightly held by the income-tax .....

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Sep 19 1983 (HC)

Union of India (Uoi) Vs. Ram Peary Debi Kanoria

Court : Kolkata

Decided on : Sep-19-1983

Reported in : AIR1984Cal215,[1984]150ITR719(Cal)

..... behalf of the body of the creditors is untenable. in any event in view of the provisions as contained in section 281 of the income-tax act, the plaintiff is entitled to claim the relief as prayed for. under the circumstances in view of the facts and circumstances of the case ..... :--'281.(1) where during the pendency of any proceeding under this act or after the completion thereof, but before the service of notice under rule 2 of the second schedule ..... defeated or delayed.'11. the plaintiff gave evidence that such transfers were made fraudulently with an intent to defraud the creditors, more so the income-tax department who had huge claim against the said ram peary debi during that period. no evidence was given in rebuttal by the defendant. ..... representatives ofthe said defendant had been substituted andbrought on the record. as such legal heirsand representatives they are under an obligation to discharge the income-tax dues of theoriginal defendant ram peary debi kanoria.the said sons had been directed to handover the said sum to the beneficiaries dineshkumar kanoria ..... of property act had also been extended to cases of an assignment of a decree on the principle of justice, equity and good conscience. the same principle was also made applicable in cases of transfer of moveables by some high courts. apart from that section 281 of the income-tax act which provides .....

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Dec 13 1983 (HC)

Commissioner of Income-tax Vs. Jaskaran Sohanlal P. Ltd.

Court : Kolkata

Decided on : Dec-13-1983

Reported in : [1985]154ITR291(Cal)

..... is as follows:'whether, on the facts and in the circumstances of the case, the appellate tribunal was justified in cancelling the penalty under section 271(1)(c) of the income-tax act, 1961?'5. the question is answered in the affirmative and in favour of the assessee and against the department. there will be no order as to costs.suhas chandra sen ..... in cancelling the order of penalty made under section 271(1)(c) of the income-tax act, 1961 ?' 2. the matter ultimately reached the tribunal. the tribunal held that it was a case of revised return having been filed voluntarily and in the totality of circumstances, it ..... filed on june 29, 1965, the tribunal was light in holding that the explanation added to section 271(1)(c) of the income-tax act, 1961, by the finance act, 1964, with effect from april 1, 1964, could not be invoked in this case ? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified .....

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Dec 02 1983 (HC)

Commissioner of Income-tax Vs. National Razors and Blades Pvt. Ltd.

Court : Kolkata

Decided on : Dec-02-1983

Reported in : [1985]153ITR593(Cal)

..... , on the facts and in the circumstances of the case, the tribunal was right in holding that the provisions of section 104 of the income-tax act, 1961, are not applicable?'6. the tribunal agreed with the submission of the assessee that for the purpose of section 104 of the i.t ..... the department the nature and source of the hundi loans. in our opinion, this addition, having been made under section 68 of the i.t. act, was an artificial or notional or fictional income within the meaning of the phrase used by this court in the aforesaid decision of mehar singh & co. (p.) ltd.'s case : [1977] ..... the satisfaction of the department, the genuineness of the loans and, therefore, applying the provisions of section 68 of the i.t. act, 1961, treated the hundi loans as the assessee's income. there is no evidence on the record to suggest that the said hundi loans represented a part of the commercial profits of the ..... . act, only the commercial profits could be taken into account irrespective of the actual assessed income. it went on to hold that the addition of hundi loans was, in the present case, based upon the ..... the assessment was, however, completed on a total income of rs. 1,90,293 by an assessment order passed on march 20, 1967.2. the ito, on march 29, 1968, passed an order under section 104 of the i.t. act, 1961, raising a demand of additional super-tax of rs. 34,342. he found that the .....

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Jun 27 1983 (HC)

Commissioner of Income-tax Vs. C.L. Bahri and Sons

Court : Kolkata

Decided on : Jun-27-1983

Reported in : [1984]149ITR195(Cal)

..... as the repealed act),--... (g) any proceeding for the imposition of a penalty in respect of any assessment for the year ending on the 31st day of march, 1962, or any ear ..... of the amendment effected by section 13 of the direct taxes (amendment) act, 1974, which has inserted an explanation to the expression 'assessed tax', the revenue is entitled to succeed in this case. section 13 of the said amendment act reads as follows :' section 13. amendment of section 271.--in section 271 of the income-tax act, for clause (i) of sub-section (1), the following clause ..... shall be substituted and shall be deemed always to have been substituted, namely : (i) in the cases referred to in clause (a), in addition to the amount of the tax, if any, payable by him, a sum equal to two ..... pending at the commencement of the new act. section 297(2)(d)(ii) also provides that once a notice under section 148 has been validly issued ' all the provisions of this act shall apply accordingly'. it has also been provided under section 297(2)(g) as follows :' 297. (2) notwithstanding the repeal of the indian income-tax act, 1922 (11 of 1922) (hereinafter referred to .....

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May 11 1983 (HC)

Kapur and Co. (P.) Ltd. Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : May-11-1983

Reported in : [1984]148ITR636(Cal)

..... as 'the said act'), relevant for the assessment years 1965-66 and 1967-68. the other rule related to such proceedings against assessment for the years 1965 ..... the source of its income is from house property. the rule without any interim order, but with liberty to ask for same was obtained on 28th february, 1977, along with civil rule no. 943(w) of 1977, against an order, dated 6th july, 1976, made by the commissioner of income-tax, respondent no. 1, under section 264 of the income-tax act, 1961 (hereinafter referred to ..... act, is satisfied that any person- (a) has without reasonable cause failed to furnish the return of total income which he was required to furnish under sub-section (1) of section 139 or by ..... were made by him on the basis of the language of sections 271(1)(a)and 273(1)(b)of the said act. as submissions were made by mr. ganguly on the language of the sections as mentioned above, those provisions are quoted hereunder :'(1) if the income-tax officer or the appellate assistant commissioner in the course of any proceedings under this .....

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