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Judgment Search Results Home > Cases Phrase: income tax act Court: madhya pradesh Year: 1988 Page 1 of about 76 results (0.054 seconds)

Aug 05 1988 (HC)

indo Copyer Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Aug-05-1988

Reported in : [1999]175ITR9(MP)

g.g. sohani, actg. c.j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following question of law to this court for its opinion ;'whether, on the facts and in the circumstances of the case, the ..... framing the assessment of the assessee for the assessment year 1976-77, for which the previous year of the assessee ended on march 31, 1976, the income-tax officer levied additional income-tax under section 104 of the act on the ground that within 12 months following the expiry of the previous year, the assessee had failed to distribute the prescribed percentage of its distributable ..... income as dividend. the appeal preferred by the assessee before the commissioner of income-tax (appeals) was dismissed. on further appeal before the tribunal, it was urged on behalf of ..... the assessee that the default on the part of the assessee had taken place on april 1, 1977, but as sub-section (4) of section 104 of the act was amended with effect from april 1, 1978 .....

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Aug 06 1988 (HC)

Shankarlal Prithviraj Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Aug-06-1988

Reported in : [1989]175ITR299(MP)

..... c. p. excise rules relating to conditions of licences, partnership in liquor shops was illegal and the partnership firm could not be registered under the income-tax act. following that decision, two other division bench decisions reported in cit v. sheonarayan harnarayan 0065/1972 : [1975]100itr213(mp) and nandlal khajanmal chhatri v. thomas j. william air 1937 nag 250, have also taken the same ..... g.g. sohani, actg. c.j.1. by this reference under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following questions of law to this court for its opinion ;'(1) whether, on the facts and in the circumstances of the case, ..... -77, 1977-78 and 1978-79. he also refused registration to the newly constituted firm for the years 1979-80 and 1980-81. aggrieved by the order passed by the income-tax officer, the assessee preferred an appeal before the appellate assistant commissioner who dismissed the appeal. on further appeal before the tribunal, the tribunal upheld the order passed by the ..... income-tax officer and dismissed the appeal preferred by the assessee. aggrieved by the order passed by the tribunal, the assessee sought a reference and it is at the instance of the .....

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Aug 11 1988 (HC)

Commissioner of Income-tax Vs. Dewas Chemical and Fertilizers Mfg. Co.

Court : Madhya Pradesh

Decided on : Aug-11-1988

Reported in : (1988)73CTR(MP)106; [1989]176ITR71(MP)

..... in view of section 43(1) of the income-tax act, the tribunal is justified in holding that the amount of capital subsidy received by the assessee from the government would not go to reduce the cost of assets for the ..... g.g. sohani, actg. c.j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') the income-tax appellate tribunal, indore bench, indore, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case and ..... company by the amount of capital subsidy for the purpose of allowing depreciation in accordance with the provisions of section 43(1) of the act. the appeal preferred by the assessee in that behalf before the commissioner of income-tax (appeals) was allowed and the assessing authority was directed to allow depreciation on the plant and machinery without deducting the capital subsidy from ..... the cost of the plant. aggrieved by the order passed by the commissioner of income-tax (appeals), the revenue preferred an appeal before the tribunal. the tribunal upheld the order passed by the commissioner of income-tax (appeals). the revenue, therefore, sought reference and it is at the instance of the revenue that the tribunal has referred .....

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Sep 21 1988 (HC)

Commissioner of Income-tax Vs. Caps and Caps

Court : Madhya Pradesh

Decided on : Sep-21-1988

Reported in : (1988)73CTR(MP)165; [1989]179ITR235(MP)

..... income-tax (appeals) for the assessment years 1978-79 and 1979-80, wherein he directed the income-tax officer to work out the deduction under section 80j of the income-tax act for the earlier years and to carry forward and set off ..... .j. 1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in upholding the order of the commissioner of ..... years and to allow the deficiency to be carried forward and to be adjusted against profits in accordance with the provisions of section 80j of the act. aggrieved by the order passed by the commissioner of income-tax (appeals), the revenue preferred appeals before the tribunal, but those appeals were dismissed. hence, the revenue sought reference and it is at the ..... balance-sheet and depreciation chart showing purchases and additions made to the plant and machinery was available on record, the claim under section 80j of the act could be entertained and allowed. the commissioner of income-tax (appeals) further found that the claim of the assessee was fully covered by the provisions of sub-section (3) of section 80j of the .....

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Jan 12 1988 (HC)

Bhagwan Cloth Stores Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Jan-12-1988

Reported in : (1988)70CTR(MP)37; [1988]173ITR539(MP)

..... the assessee, the following question of law has been referred to this court for its opinion by the tribunal under section 256(1) of the income-tax act, 1961, for the assessment year 1976-77:' whether, on the facts and in the circumstances of the case, the tribunal was correct in law ..... family, unless he had separated and was the owner of separate property. he also upheld the finding of the income-tax officer that no genuine firm had come into existence. on appeal, the tribunal upheld the conclusion of the authorities below and rejected the appeal. ..... his son, ashok kumar, as a working partner and converted the business into a partnership, but no partition was effected in the family. the income-tax officer was of the opinion that the joint family business could not be converted into a partnership, unless there was a partition between the family members ..... an application for rectification on the ground that the view of the bombay high court has not been accepted by this court in ramchand nawalrai v. cit : [1981]130itr826(mp) and, therefore, the assessee was entitled to registration. the tribunal discussed both the decisions but preferred to follow the decison ..... registration to the asses-see. on appeal, the appellate assistant commissioner, relying on a decision of the bombay high court in shah prabhudas gulabchand v. cit : [1970]77itr870(bom) , held that a coparcener could never become a partner in a business carried on by the karta of the hindu undivided .....

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Sep 21 1988 (HC)

Rameshchandra Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Sep-21-1988

Reported in : (1988)73CTR(MP)186; [1989]176ITR503(MP)

..... is an application under section 256(2) of the income-tax act, 1961.2. the material facts giving rise to this application, briefly, are as follows :in the return filed by the assessee for the assessment year 1977-78, the assessee had disclosed an income of rs. 1,500. while framing the assessment, the income-tax officer found that the assessee had invested a sum of ..... the amount of loan alleged to have been advanced by one gyarsilal was not proved to be genuine. the appellate assistant com-missioner accordingly modified the order passed by the income-tax officer. aggrieved by the order passed by the appellate assistant commissioner, the assessee preferred an appeal before the tribunal. the only contentions raised on behalf of the assessee before the ..... raised loans of rs. 45,000 and rs. 8,000, respectively, from one gyarsilal and surajmal. the income-tax officer did not believe the explanation of the assessee regarding loans and added the amount of rs. 53,000 to the income of the assessee as income from undisclosed sources. on appeal, the appellate assistant commissioner accepted the assessee's contention that the sum of .....

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Aug 04 1988 (HC)

Chetanswaroop Omprakash and Co. Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Aug-04-1988

Reported in : [1989]175ITR247(MP)

g.g. sohani, actg. c.j. 1. this is an application under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'). 2. the material facts giving rise to this application, briefly, are as follows : the assessee is a partnership firm and is assessed in the status of a registered firm. the ..... in question is 1979-80. on the basis of information gathered during a survey conducted under section 133a of the act in the premises of the applicant-assessee and in the premises of the two other firms, iqbal & co., unhel, and kamalkishore & co., khachrod, the income-tax officer came to the conclusion that the aforesaid two firms were not genuine and hence their ..... appeals arising out of the assessment proceedings of iqbal & co. and kamalkishore & co. the tribunal, by its common order dated may 8, 1986, remanded the case to the commissioner of income-tax (appeals) directinghim to restore the appeal to its file and to redetermine the issues in accordance with law in the light of the observations made by the tribunal. aggrieved by ..... in the circumstances of the case, the tribunal, in view of the grounds of appeal taken before it, erred in setting aside the entire order passed by the commissioner of income-tax (appeals) ?' 3. the application is, therefore, allowed. the tribunal is directed to state the case and to refer the aforesaid question of law to this court for its opinion. in .....

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Aug 05 1988 (HC)

Commissioner of Income-tax Vs. Ramchandraji Maharaj Ka Bada Mandir

Court : Madhya Pradesh

Decided on : Aug-05-1988

Reported in : [1989]175ITR293(MP)

..... .j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following questions of law to this court for its opinion :'(1) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in entertaining the appeal of ..... the assessee and holding that the income-tax appellate tribunal should not have made ..... the assessment in this case on a protective basis, but on a substantive basis ? (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in law in holding that the alleged endowment dated august 20, 1954, by seth gopaldas is valid according to law ?' 2. the material facts giving rise ..... reason to take a view different from that taken in : [1984]146itr442(mp) . in this view of the matter, the tribunal, in our opinion, was right in holding that the income-tax officer should have made assessment of the temple not on a protective basis, but on a substantive basis. the tribunal was also right in holding that the deed of endowment .....

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Jan 08 1988 (HC)

Commissioner of Income-tax Vs. Ramdayal Ramcharan Purohit

Court : Madhya Pradesh

Decided on : Jan-08-1988

Reported in : [1988]173ITR527(MP)

..... referred the following question of law under section 256(1) of the income-tax act, 1961, to this court for its opinion :' whether, on the facts and in the circumstances of the case, the tribunal was justified in law in upholding the decision of the appellate assistant commissioner of income-tax directing the income-tax officer to allow continuation of registration for the first period ended on ..... assistant commissioner held that the assessee was entitled to the benefit of registration till october 28, 1976, namely, the date when shri ramdayal expired. on this basis, he directed the income-tax officer to allow registration for the period if the application made in this behalf in form no. 12 was found to be in order. the appeal preferred by the department ..... are of the opinion that the answer to the aforesaid question is concluded against the department by a recent decision of the supreme court in wazid ali abid ali v. cit : [1988]169itr761(sc) and our answer, therefore, is in the affirmative, in favour of the assessee and against the department. there shall, however, be no order as to costs .....

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Oct 29 1988 (HC)

NasiruddIn Vs. Commissioner of Income-tax

Court : Madhya Pradesh

Decided on : Oct-29-1988

Reported in : [1989]176ITR111(MP)

..... .j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax officer was justified in dismissing the assessee's application praying for rectification ..... order of the income-tax officer ?'2. the material facts giving rise to this reference, briefly, are as follows ..... :for the assessment year 1977-78, the assessee filed a return declaring an income of rs. 29,575. the assessee was a partner in ..... of his earlier order by which the income-tax officer has chosen to charge interest under section 217(1a) and under section 139(8) and increase the returned figure of income of the assessee from rs. 25,575 to rs. 31,641 in proceedings under section 143(1) of the income-tax act and the tribunal was correct in law in upholding this .....

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