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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1994 Page 1 of about 84 results (0.034 seconds)

May 19 1994 (HC)

S.P. Jaiswal Estates (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : May-19-1994

Reported in : 1996(55)ECC26,[1995]216ITR145(Cal)

..... hotel : [1971]82itr44(sc) . in that case the supreme court held that the sanitary and pipeline fittings fell within the definition of 'plant' in section 10(5) of the indian income-tax act, 1922, and the assessee was entitled to development rebate in respect thereof under section 10(2)(vib). the fact that the assessee had claimed depreciation on the basis that the ..... that preparation of food in the hotel constituted manufacture or production of any article or thing within the meaning of section 32a of the income-tax act, 1961 ?'3. the question, at the instance of the department, arising out of income-tax appeal no. 1575/(cal) of 1983 filed by the department is :' whether, on the facts and in the circumstances of the case, the ..... suhas chandra sen, j.1. the tribunal has referred the following questions of law under section 256(1) of the income-tax act, 1961 :2. the questions, at the instance of the assessee, arising out of income-tax appeal no. 1298/(cal) of 1983 filed by the assessee are :' (1) whether, on the facts and in the circumstances of the case, the tribunal was justified in ..... ) the assessee claimed investment allowance of rs. 2,28,886 on plant and machinery said to have had been installed during the previous year. the income-tax officer did not allow investment allowance under section 52a of the act, since, according to him, the business of the hotel which was being carried on by the assessee was not in the nature of industrial .....

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Feb 25 1994 (HC)

Commissioner of Income-tax Vs. East India Hotels Ltd.

Court : Kolkata

Decided on : Feb-25-1994

Reported in : 1994(48)ECC22,[1994]209ITR854(Cal)

..... ) . in all the above decisions, it was observed that a restaurant did not manufacture or produce any article. the commissioner of income-tax further held that no approval to the catering unit was granted under section 80j(vi) of the income-tax act. the commissioner accordingly directed the assessing officer to withdraw the deduction under section 80j.18. being aggrieved, the assessee brought the above ..... to the interests of the revenue and thereby vacating the order of the commissioner under section 263 of the income-tax act, 1961 : (i) extra depreciation of rs. 40,59,139 on plant and machinery used in hotel.(ii) benefit under section 80j of the income-tax act on flight catering unit at palam airport, new delhi.' 2. the question is one but has two distinct ..... the domestic companies conducting the business of running hotels. the said circular, however, provides that the benefits under the said sections of the income-tax act referred to above shall be given to the hotel industry only if they have in their possession specific approval under the above sections and not on the basis of administrative ..... 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, the tribunal is right in holding that assessing .....

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Apr 26 1994 (HC)

Commissioner of Income-tax Vs. Fort Gloster Industries Ltd.

Court : Kolkata

Decided on : Apr-26-1994

Reported in : [1996]219ITR223(Cal)

..... (bom) , it was hold that the computer utilised in that case should be treated as an apparatus and as a plant for the purpose of section 43(3) of the income-tax act, 1961. in view of the facts found by the tribunal and the judgments noted above, we are of the view that the questions should be answered in the affirmative and ..... the manufacturing unit intimately connected with the production of manufacturing of any article or thing and as such investment allowance under section 32a of the income-tax act of rs. 35,814 as claimed by the assessed was not allowable ?'2. the assessment year involved is 1984 for which the accounting year ended on march 31, 1984. about ..... . tribunal has referred the following question of law 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 was justified in not upholding the finding of the commissioner of income-tax (appeals) to the effect that the computer installed in the factory premises does not form a part of ..... installed in a special cabin constructed within the factory premises itself.4. on behalf of the revenue, reliance was placed on a judgment of this court in the case of cit v. technico enterprises pvt. ltd. [19941 206 itr 36. but in that case a specific finding of fact was that the computer was purchased and utilised for accounting purposes only .....

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Apr 21 1994 (HC)

Commissioner of Income-tax Vs. Kaybee Corporation

Court : Kolkata

Decided on : Apr-21-1994

Reported in : [1996]218ITR339(Cal)

..... j. 1. this reference is made by the tribunal at the instance of the revenue under section 256(2) of the income-tax act,1961. we have refrained the question as under in order to bring out the controversy involved in this :'whether, on the ..... applicable to cold storage plants used for preserving articles stored therein where no manufacturing or production activity was carried out. the commissioner of income-tax (appeals), west bengal-viii, being of the view that the plant and machinery installed in the cold storage of the assessee was not ..... the tribunal for the first time, this certificate was never filed before the income-tax officer and was not even filed before the commissioner in the course of proceedings under section 263 of the said act. the assessee has produced no other evidence save and except the chartered engineer' ..... nature of a renewable energy device, initiated proceedings under section 263 of the said act in respect of each of the said two years and set aside the original assessment orders passed by the income-tax officer allowing depreciation at 30 per cent. the assessee filed an appeal to the ..... s certificate as aforesaid. it was, therefore, submitted that the tribunal was clearly wrong in allowing the assessee's appeal based upon new documents in the form of the chartered engineer's certificate which was not specific and which was not even filed before the commissioner of income-tax .....

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May 12 1994 (HC)

Commissioner of Income-tax Vs. Balmer Lawrie and Co. Ltd.

Court : Kolkata

Decided on : May-12-1994

Reported in : [1995]215ITR249(Cal)

..... to deduction under section 80hh of the income-tax act, 1961, for its new container unit at mathura without setting off past losses of the said unit ? 2. whether, on the facts and in ..... :suhas chandra sen, j. 23. the tribunal has referred the following two questions of law to this court under section 256(1) of the income-tax act, 1961 :'1. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled ..... facts and in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to deduction under section 80hh of the income-tax act, 1961, for its new freight container unit without setting off past losses of the said unit 2. whether, on the facts and in the ..... year of assessment.17. a similar view was again expressed by the supreme court in a case under section 15c of the indian income-tax act, 1922, rajapalayam mills ltd. v. cit : [1978]115itr777(sc) , where it was held that the depreciation allowance of the preceding years could be taken into account in ..... applies, that is to say, a company which satisfies the requirements of sub-section (2) of section 80e. second, the total income as computed in accordance with the income-tax act, 1961, without taking into regard the provisions of section 80e, should include profits and gains attributable to the business or the industry .....

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May 12 1994 (HC)

Commissioner of Income-tax Vs. Rexor India Ltd.

Court : Kolkata

Decided on : May-12-1994

Reported in : [1995]214ITR532(Cal)

..... twelve 2. whether, on the facts and in the circumstances of the case, the tribunal was correct in law in cancelling the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961 ' 2. the facts found by the tribunal are as under : the assessee is rexor india ltd. and the assessment year involved is 1984-85. the ..... assessee had been carrying on the business of manufacturing metallised polyester films and other products. the assessing officer completed the assessment under section 143(3) of the income-tax act, 1961. in the said assessment, the assessee was allowed to change its previous year from the financial year ending on march 31, 1983, to the year ending on september ..... entitled to get a deduction ofthe prescribed rate of depreciation allowance under the provisions of section 32 of the income-tax act. an extra allowance was given to the assessee by virtue of the provisions of clause (iia) of section 32(1) of the income-tax act. the extra allowance will be a sum equal to one half of the depreciation allowance otherwise admissible because of ..... the assessing officer allowed normal depreciation for 18 months and additional depreciation at 50 per cent. of the normal depreciation. the commissioner of income-tax took the view that additional depreciation under section 32(1)(iia) of the act was admissible in respect of the previous year comprising 12 months only. since the assessing officer had allowed additional depreciation at 50 per cent .....

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Jan 17 1994 (HC)

Srimati Preeti Rungta Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Jan-17-1994

Reported in : [1995]214ITR594(Cal)

..... be performed under the income-tax act will operate as conclusive or adjudicatory. it merely has the character of an expression of an intention or opinion on the part of such authority, that it intends to treat ..... its amendment in the year 1975, does anything further, except saying as to what the law is in respect of transfers effected during the pendency of any proceedings under the income-tax act, which come within the mischief and circumstances laid down in section 281. it does not thereby say that any conclusion or declaration by an authority entrusted with the functions to ..... transfers of immovable property. the legislature, in its wisdom, thought it necessary to introduce section 281 in the income-tax act. the question, however, is whether by introducing section 281 in the income-tax act, 1961, the legislature wanted to confer a power and jurisdiction which was exclusive upon the income-tax authorities or otherwise. in other words, the question is whether section 281 as found in the ..... part of the revenue to proceed against the property of the defaulting assessee. the court held (at page 173) :'neither section 281 of the income-tax act nor section 53, sub-section (1) of the transfer of property act declares a transfer to be void ab initio, so that the title of the transferee is gone. it merely says what the law is. it .....

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Jan 14 1994 (HC)

Commissioner of Income-tax Vs. Savoy Enterprises Ltd.

Court : Kolkata

Decided on : Jan-14-1994

Reported in : [1995]211ITR192(Cal)

..... , on the facts and in the circumstances of the case, on the amount disclosed under the amnesty scheme, interest under section 217 of the income-tax act, 1961, is liable to be charged ?'2. this reference relates to the income-tax assessment of the assessee-company for the assessment year 1984-85. for this year, the assessee-company originally filed a return on june 28 ..... whether of old assessees or of new assessees fall under the scheme. the same position will hold good in the case of wealth-tax also. (ii) as regards interest under section 139(8), 215 and 217 of the income-tax act, attention is invited to instruction no. 1695 dated february 13, 1986, regarding reduction/waiver of such interest. it is hereby clarified that such ..... , 1987, was also under the amnesty scheme. in this context, mr. poddar drew our attention to the observation made by the income-tax officer in the assessment order for the said year passed under section 143(3) of the said act, wherein the assessing officer had noted that the penalty proceedings are not applicable in this case since the relevant returns were filed ..... law could not be overlooked in preference to executive instructions. he, therefore, confirmed the order of the income-tax officer charging interest under section 217 of the said act for the said year.3. the assessee being aggrieved by the said order of the commissioner of income-tax (appeals) further agitated the dispute before the tribunal. the tribunal held that the assessee has disclosed the .....

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Feb 10 1994 (HC)

S.P. Jaiswal Estates Pvt. Ltd. Vs. Commissioner of Income-tax (No. 2)

Court : Kolkata

Decided on : Feb-10-1994

Reported in : (1994)122CTR(Cal)7,[1994]209ITR307(Cal)

..... to the higher rate of depreciation. we cannot agree with the view that a hotel building in its entirety is plant within the meaning of section 32(1) of the income-tax act, 1961.20. for the reasons aforesaid, we answer the second question referred at the instance of the revenue in the negative and in favour of the revenue and against the ..... was whether the building in question was a plant. in this context, the court laid down the following principles :(a) the definition of 'plant' in section 43(3) of the income-tax act, 1961, should be given a wider meaning as it was an inclusive definition. (b) all buildings are not 'plant' but a building or structure is not per se to be ..... profits by charging higher rates for the use of rooms if the bathrooms have sanitary fittings and similar amenities. the court held that the intention of the legislature in the income-tax act was to give the expression 'plant' a wider meaning and that is why articles like books and surgical instruments were expressly included in the definition of plant. the court held ..... a hotel fell within the definition of 'plant' in the context of section 10(5) of the indian income-tax act, 1922, corresponding to section 32(1) of the income-tax act, 1961. their lordships referred to the decision of the court of appeal in jarrold (inspector of taxes) v. john good and sons ltd. [1963] 1 wlr 214. there, the nature of the assessee's business .....

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Jan 05 1994 (HC)

Commissioner of Income-tax Vs. Deepak Trading Co.

Court : Kolkata

Decided on : Jan-05-1994

Reported in : (1994)120CTR(Cal)450,[1994]208ITR304(Cal)

..... this reference made at the instance of the revenue, the following question has been referred by the tribunal for the opinion of this court under section 256(2) of the income-tax act, 1961 :'whether, in the light of the mandatory provision of law contained in section 271(2) that for the purpose of levy of penalty under section 271(1)(a) on ..... .'s , case also took the same view that no penalty is leviable under section 271(1)(a) of the income-tax act for delay in filing the return where the tax deducted at source or paid in advance is equal to or exceeds the assessed tax in the case of a registered firm.9. reference was made on behalf of the revenue to the decision ..... the return within the time prescribed by sub-section (1) of section 139 of the income-tax act, 1961, even when it was found on completing the regular assessment that the amount of advance tax paid by the assessee-firm is equal to or in excess of the amount of tax found payable on such regular assessment.5. at the outset, we may set out ..... the relevant portion of section 271(1)(a)(i)(b) as under :'271. failure to furnish returns, comply with notices, concealment of income, etc.--(1) if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person--(a) has without reasonable cause failed to furnish the return of total .....

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