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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1992 Page 2 of about 169 results (0.030 seconds)

Jan 14 1992 (HC)

Cultural Enterprises Corporation Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-14-1992

Reported in : [1992]196ITR488(Cal)

..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1977-78, the following question of law has been referred to this court :'whether on ..... and replacement could not be said to be revenue expenditure.8. the tribunal, therefore, set aside the order of the commissioner of income-tax (appeals) and restored that of the income-tax officer.9. the assessee filed a miscellaneous application which was partly allowed.10. however, the said miscellaneous petition does not bear on ..... amount was spent by the assessee for renovation of the buildings referred to above.3. the assessee appealed to the commissioner of income-tax (appeals).4. the commissioner of income-tax (appeals) after going through the details of the expenses found that in fact a sum of rs. 35,000 only was ..... the amount was spent was dilapidated. therefore, a dilapidated house would necessarily require extensive repairs. this dilapidated condition is also emphasised by the commissioner of income-tax (appeals). the tribunal, however, came to the conclusion that the amount was spent for renovation or extensive repairs of a house. a renovation merely ..... section 37 of the act. such view has been taken in a number of cases : regal theatre v. cit , girdhari dass and sons v. cit : [1976]105itr339(all) and liberty cinema v. cit : [1964]52itr153(cal) . the tribunal has overlooked the fact recorded by the income-tax officer in the assessment order. the income-tax officer observed 'the .....

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Dec 23 1992 (HC)

Smt. Uma Devi Jhawar Vs. Income-tax Officer

Court : Kolkata

Decided on : Dec-23-1992

Reported in : [1996]218ITR573(Cal)

..... smt. uma devi jhawar, the appellant/writ petitioner challenged the validity of a notice dated march 31, 1976, issued by the income-tax officer, 'k' ward, companies district-i, calcutta, under section 148 of the income-tax act, 1961 ('the act'), for the assessment year 1967-68. by the aforesaid judgment and order dated may 17, 1989, the said writ petition was ..... started in 1966. hence, the valuer's report does not reflect the correct valuation. since the assessee maintained books of account with full details supported by voucher the income-tax officer cannot reject the same without pointing out any defects. in the circumstances, the appellate assistant commissioner was perfectly justified in accepting the valuation shown by the assessee. ..... question. there, the department preferred an appeal before the tribunal against the order of the appellate assistant commissioner deleting the addition of rs. 48,162 made by the income-tax officer as unexplained investment in the construction of house property. it appears from the order of the tribunal that the assessee started construction of the two-storeyed building, ..... under section 147(a) are satisfied. for invocation of jurisdiction under section 147(a), two conditions are to be satisfied; firstly, the income-tax officer has reason to believe that income, profits or gains chargeable to income-tax have escaped assessment, and secondly, he must have also reason to believe that such escapement has occurred by reason of either (i) omission .....

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Jun 15 1992 (HC)

Commissioner of Income-tax Vs. Woodcraft Products Ltd.

Court : Kolkata

Decided on : Jun-15-1992

Reported in : (1993)111CTR(Cal)149,[1996]217ITR862(Cal)

..... reimbursed should not be treated as perquisite for the purpose of disallowance under section 40(c) of the income-tax act, 1961 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in deleting the disallowance of rs. 1,32,484 being the ..... . sengupta, j.1. in this reference at the instance of the revenue, the following questions have been referred by the tribunal to this court under section 256(1) of the income-tax act, 1961, for the assessment year 1976-77 :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in law in holding that medical expenses ..... held to be a revenue expenditure incurred in connection with the existing business. this case is clearly distinguishable in view of the findings of fact recorded by the commissioner of income-tax (appeals) as well as by the tribunal in the case of the assessee-company. the assessee, in this case, is already engaged in the business of manufacturing and selling plywood ..... employees. travelling expenses were incurred in connection with the proposed expansion of the existing business of the assessee-company. both the commissioner of income-tax (appeals) as well as the tribunal, following the decision of the gujarat high court in cit v. alembic glass industries ltd. : [1976]103itr715(guj) upheld the claim of the assessee-company. the findings of fact as recorded by .....

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Jan 29 1992 (HC)

Commissioner of Income-tax Vs. Oriental Co. Ltd.

Court : Kolkata

Decided on : Jan-29-1992

Reported in : [1995]215ITR844(Cal)

..... allowable under section 80m, it has to be allowed with reference to the amount of dividend computed in accordance with the provisions of the income-tax act. therefore, expenditure, if any, incurred in earning such dividend income, has to be taken into consideration. but this decision will have no application to the facts and circumstances of this case.8. in ..... on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in law in holding that the income-tax officer had exceeded his jurisdiction in computing the net dividend income and then allowing relief under section 80m by passing the rectification order under section 154 of the income-tax act, 1961 ?'2. shortly stated, the facts are that the ..... on securities and dividend. the income-tax officer had completed the original assessments allowing reliefs under section 80m of the act on the gross amounts of dividend following the ..... assessee is a limited company deriving income from business in money-lending, interest .....

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Feb 03 1992 (HC)

Commissioner of Income-tax Vs. Active Traders (P.) Ltd.

Court : Kolkata

Decided on : Feb-03-1992

Reported in : [1995]214ITR583(Cal)

..... court :' whether, on the facts and in the circumstances of the case, the tribunal was justified in law in annulling the order under section 263 of the income-tax act, 1961, passed by the commissioner of income-tax ?'the facts leading to this reference are that the assessment of the assessee, a private limited company was completed by the ..... on account of share capital was accepted, it cannot be said that the conclusion of the cit on these facts is erroneous.application :also to current assessment years.income tax act 1961 s.263 ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1986-87, the following question has been referred to this ..... therefore, the assessment made by the assessing officer was erroneous in so far as it was prejudicial to the interests of the revenue. the commissioner of income-tax accordingly, passed an order under section 263 of the act and directed the assessing officer to frame the assessment order de novo.3. before the tribunal, the assessee submitted that, after verification and examination of ..... the shareholders, the assessing officer made his assessment order. the commissioner of income-tax passed his order without applying his mind and it was based on preconceived notions. .....

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Jan 28 1992 (HC)

Peico Electronics and Electricals Ltd. Vs. Deputy Commissioner of Inco ...

Court : Kolkata

Decided on : Jan-28-1992

Reported in : [1994]210ITR991(Cal)

..... of section 150(1) are applicable.'5. the scope of section 150(1) has been examined by various courts from time to time under the income-tax act, 1961, and also the corresponding section under the repealed indian income-tax act, 1922. the supreme court held in the case of ito v. murlidhar bhagwan das : [1964]52itr335(sc) that the 'finding and direction that ..... , the matter was controversial and rectification was not proper.on appeal against the order of the commissioner of income-tax (appeals), the income-tax appellate tribunal by its order dated july 7, 1985, upheld the order under section 154 of the assessing officer on the ground that investment allowance had been wrongly ..... of the facts disclosed by the assessee at the time of the assessment proceedings and also on the basis of certain notes given by the assessee along with his income-tax return. the income-tax officer has recorded as follows :'now, in the notes given by the assessee below the details of investment allowance claim for the following factories filed with the ..... allowance claimed in respect of these factories was withdrawn. on appeal filed by the assessee against the order under section 154 dated may 20, 1985, aforesaid, the learned commissioner of income-tax (appeals) held in his order dated august 19, 1985, that even though the aforesaid factories were manufacturing items which were domestic electrical appliances and, therefore, hit by schedule xi .....

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Jul 30 1992 (HC)

Anandilal Goenka and ors. Vs. Tax Recovery Officer and ors.

Court : Kolkata

Decided on : Jul-30-1992

Reported in : [1994]208ITR46(Cal)

..... of attachment dated june 7, 1977, under rule 26(1)(ii) of the second schedule to the income-tax act, 1961 '(in short 'the act'), issued by the tax recovery officer-ii (income-tax), jaipur (in short 'the tro'), on the trust in respect of an alleged demand bt tax against a private trust, known as raja baldeodas birla santatikosh trust (in short 'the private trust'). the ..... assessment years1971-72 to 1974-75 to the tribunal, jaipur bench. during the pendency of the said appeals before the tribunal, jaipur bench, the central board of direct taxes transferred the income-tax cases of the said private trust to calcutta and the said appeals before the tribunal, jaipur bench, were transferred to the calcutta bench. (e) the said appeals of ..... (d) for the assessment years 1971-72 to 1974-75, the appellate assistant commissioner dismissed the appeals of the said private trustagainst the said orders of assessments of the income-tax officer following the said decision of the tribunal, jaipur bench, for the assessment year1970-71. the said private trust preferred appeals against the said orders of the appellate assistant ..... petitioners have also challenged an order dated june 22/27, 1977, passed by the said tax recovery officer rejecting .....

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Sep 25 1992 (HC)

Commissioner of Income-tax Vs. Banshidhar Jalan and Sons

Court : Kolkata

Decided on : Sep-25-1992

Reported in : [1994]207ITR488(Cal)

..... ajit kumar sengupta, j. 1. in this reference under section 256(1) of the income-tax act, 1961, the following questions of law have been referred to this court for the assessment years 1968-69 and 1973-74 :'1. whether, on the facts and in the circumstances ..... being similar to the earlier return except for a marginal variation of rs. 400 could be deemed to have been acted upon, and the validity of the assessment cannot be questioned. this also did not find favour with the tribunal as the income-tax officer, as evident from the assessment order, consciously ignored the revised return.3. the tribunal has taken the view ..... duty of the appeal court to set right such defect in the proceeding. thus, the income-tax officer's refusal to take cognizance of the revised return could be an act that merely misdirected the course of the proceeding but could not be said to be an act that undermines the jurisdiction to assess.6. there could be another situation where the assessment order ..... and any assessment completed on the basis of such superseded earlier return would be an act beyond jurisdiction.5. we have heard the rival contentions of the learned advocates of the parties appearing before us. we are not persuaded to subscribe to the view that the income-tax officer, by reason of not taking any cognizance of the revised return and having completed .....

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Nov 11 1992 (HC)

Andrew Yule and Co. Ltd. Vs. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : Nov-11-1992

Reported in : [1994]207ITR899(Cal)

..... has challenged an order passed by the commissioner of income-tax under section 264 of the income-tax act, 1961. in the order passed, the commissioner of income-tax has held in substance that the contract for supply of a belt vulcanizing press to the petitioner resulted in accrual of income in india to the foreign supplier on which proper tax had not been paid. the facts of the ..... this job and the bill submitted by it for dm 73,714 has been taken on record. as per agreement, the taxes, if any, were to be borne by the applicant. however, at the time of remittance of the above amount, tax was demanded under section 195. the present petition is in respect of this demand.'2. on behalf of the petitioner .....

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Feb 06 1992 (HC)

Commissioner of Income-tax Vs. Tribeni Tissues Ltd.

Court : Kolkata

Decided on : Feb-06-1992

Reported in : [1994]206ITR92(Cal)

..... the following question for our opinion :'whether, on the facts and in the circumstances of the case, and on a correct intepretation of the provisions of section 32a of the income-tax act, 1961, the tribunal was justified in law in holding that motors, electrical installations, underground cables, overhead cables and air-conditioning machines were part and parcel of the plant and ..... question here are already treated as machinery and plant for the purpose of depreciation. for this purpose, he drew our attention to the depreciation charge in appendix i to the income-tax rules, setting out the table of rates at which the depreciation is admissible on plant and machinery.11. part iii deals with machinery and plant. part iii(ii)(a)(2 ..... the items on the ground that the electrical machines are in the nature of additional equipment and accessories which were not used in the actual manufacturing process. the commissioner of income-tax (appeals), however, allowed the allowance holding that these items wore plant and machinery for the purpose of manufacture of tissue paper by the assessee. it was indicated that paper ..... be considered as plant and machinery within the meaning of section 32a of the act. even after considering the nature of use of tubewell and weighing machines, the assessee could not be allowed investment allowance and consequently the relief allowed on these items by the commissioner of income-tax (appeals) was withdrawn.6. before us, dr. pal, learned counsel for the assessee, .....

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