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Judgment Search Results Home > Cases Phrase: income tax act Court: mumbai Year: 1999 Page 1 of about 248 results (0.032 seconds)

Jul 20 1999 (HC)

Commissioner of Income Tax, Bombay Vs. Smt. Prabhavati D. Mehta

Court : Mumbai

Decided on : Jul-20-1999

Reported in : 2000(3)BomCR133; [1999]240ITR447(Bom); 1999(3)MhLj527

..... orderdr. b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue :'whether on the facts and in the circumstances of the ..... for the payment of the same had been issued by the municipal corporation and received by the assessee in the previous year relevant to the assessment year under consideration. the income-tax officer did not allow the deduction on the ground that the demand did not related the previous year relevant to the assessment year under consideration. aggrieved by the order of ..... the income-tax officer, the assessee appealed to the appellate assistant commissioner of income-tax. before the appellate assistant commissioner, it was contended by the assessee that though the municipal taxes related to earlier years, the liability on account thereof accrued in the relevant previous year on receipt ..... commissioner was rejected by the income-tax appellate tribunal ('tribunal'). hence this reference at the instance of the revenue. 3. we have heard the learned counsel for the revenue mr. r.v. desai. there is no dispute about the fact that in determining the annual value of any property for the purposes of section 22 of the act, municipal taxes levied in respect of .....

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Jul 07 1999 (HC)

Gandhi Trading Vs. Assistant Commissioner of Income-tax and ors.

Court : Mumbai

Decided on : Jul-07-1999

Reported in : (2000)518CTR(Bom)512; [1999]239ITR337(Bom)

..... 10. we have given our careful consideration to the facts and circumstances of the case. the two properties of the assessee, which have been attached under section 281b of the income-tax act, having been valued even by the departmental valuer at rs. 2.66 crores against the anticipated liability ofrs. 2 68 crore, we do not find any justification whatsoever for ..... bombay, (ii) office premises situated at mehta house, chowpaty, bombay-400 007, and (iii) residential flat situated at fionika, walkeshwar, bombay-400 006, by the assistant commissioner of income-tax, circle 7(2), mumbai, under section 281b ofthe income-tax act, 1961 ('the act'), vide order dated april 5, 1999. the petitioners contend that the impugned orders of attachment under section 281 b of the ..... act are unlawful, unconstitutional, ultra vires, without authority of law, passed without due application of mind and are patently bad in law, misconceived and vitiated. it is prayed that ..... and to submit to the orders of the court.7. we have considered the suggestion of the joint commissioner of income-tax. we are, however, not impressed by the same. attachment has been made in this case under section 281b of the act which provides for provisional attachment only to protect the revenue in certain cases. this section reads as follows :'281b .....

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Apr 29 1999 (HC)

Bhupen Champaklal Dalal Vs. Sandeep Kapoor and anr.

Court : Mumbai

Decided on : Apr-29-1999

Reported in : [2001]248ITR827(Bom)

..... is cited, viz.. p. jayappan v. s. k. perumal, first ito : [1984]149itr696(sc) . it was dealing with initiation of the criminal proceedings under sections 276c and 277 of the income-tax act read with sections 193 and 196 of the indian penal code. the apex court held that even though reassessment proceedings are pending, the department is free to institute criminal proceedings ..... p.s. patankar, j.1. leave to amend.2. the prosecution is launched against these applicants under sections 276c(1)(i), 277 and 278b of the income-tax act, 1961. this is for wilful evasion of tax and making false statements in the verification knowingly. this was done as a director of the company and by the company. in criminal application no. 610 of ..... 1999, prosecution is also launched under section 35b of the wealth-tax act, 1957, in addition.3. the reassessment orders which are passed in these matters are challenged before the income-tax appellate tribunal, etc. those appeals arc pending. the question that arises is whether during the pendency of these appeals the prosecutions ..... however it is made clear that in case the appeals filed by the petitioners are dismissed, the criminal prosecutions to proceed. further liberty to the respondents to move the appellate income-tax authority to hear the appeals as early as possible and expeditiously.liberty to mention after the appeals are decided. the respondent's advocate prays for stay of this order.stay .....

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Mar 26 1999 (HC)

Commissioner of Income-tax Vs. K. Balasubramaniam

Court : Mumbai

Decided on : Mar-26-1999

Reported in : [1999]238ITR785(Bom)

..... allowance from his employer. the assessee claimed that the above amount was not liable to be included in the computation of his income from salary in view of the provisions of section 10(13a) of the income-tax act, 1961 ('the act'). the income-tax officer rejected this claim of the assessee on the ground that during the relevant period the assessee resided in a flat owned ..... b.p. saraf, j.1. by this reference, at the instance of the revenue, the following question of law has been referred by the income-tax appellate tribunal, mumbai, to this court for opinion under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case and in law, the tribunal was right in holding that the ..... of the accounting years relevant to the assessment years 1980-81 and 1981-82 was not liable to be included in the total income of the assessee for those two assessment years under section 10(13a) of the income-tax act, 1961, even though the assessee resided in his own house in those two years ?'2. the assessee is an individual. the assessment years ..... , learned counsel for the revenue, who submits that the controversy now stands resolved by insertion of the explanation to clause (13a) of section 10 of the income-tax act, 1961, with retrospective effect from april 1, 1976, by the taxation laws (amendment) act, 1984. the assessee, though served, is not represented. we have considered the submission of mr. desai. section 10(13a) of the .....

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Aug 04 1999 (HC)

Bharat Forge Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Aug-04-1999

Reported in : [1999]240ITR654(Bom); 2000(2)MhLj111

..... ranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion, at the instance of the assessee :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the expenditure incurred on asphalting ..... allowed depreciation at the rate of 5 per cent. he rejected the claim for deduction as revenue expenditure.3. the assessee filed an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) held that the assessee had constructed new roads where nothing existed before. therefore, a new asset came into being in the form of pucca roads. he held ..... after these repairs, after every three years the repairs will have to be carried out because these roads do not last for a long time. the inspecting assistant commissioner of income-tax held that the assessee had substantially renovated the roads and hence the expenditure can be classified as a capital expenditure. according to him, the life of these roads would be ..... . the assessee had spent an amount of rs. 10,00,000 on the repairs of the road in the factory premises. it was submitted before the inspecting assistant commissioner of income-tax, pune, that the roads within the factory premises were kaccha roads and the assessee had spent the amount of rs. 10,00,000 for converting them into tar roads. it .....

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Nov 26 1999 (HC)

Commissioner of Income-tax Vs. Morarji Goculdas Spinning and Weaving C ...

Court : Mumbai

Decided on : Nov-26-1999

Reported in : [2000]243ITR37(Bom); 2000(2)MhLj705

..... cases also the claim of deduction was based on show-cause notices. this court held that expenditure which is deductible for income-tax purpose is towards a liability actually existing in the year of account. it was further held that the income-tax act makes a distinction between the actual liability in praesenti and a liability de futuro which, for the time being, is only ..... dr. b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion :'whether, on the facts and in the circumstances of the case, the tribunal was justified in ..... assessee.12. before parting with this case, we would like to observe that if any addition has been made by the income-tax officer in the assessment year 1983-84 as stated by the assessee under section 41(1) of the act of the amount allowed in this year, the tribunal should issue suitable consequential directions while giving effect to the opinion of ..... and the decision of this court thereon part of the records of the income-tax officer, but they are the foundation of the order of the income-tax officer. as the facts were stated in the writ petition and the decision of this court, the income-tax officer did not reiterate the same and acted upon the decision of this court. the facts of the case stated .....

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Mar 31 1999 (HC)

Commissioner of Income-tax Vs. John Fowler (India) Ltd.

Court : Mumbai

Decided on : Mar-31-1999

Reported in : [1999]239ITR312(Bom)

..... b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue, the income-tax appellate tribunal has referred the following question of law to this court for opinion ;'whether, on the facts and in the circumstances ..... the relevant accounting period, the liability did not accrue or arise during the year under consideration.3. the assessee appealed to the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) held that the agreement did not become effective in the relevant previous year in the absence of the approval of the central ..... under consideration. so far as the controversy in regard to the nature of the expenditure is concerned, the tribunal remanded the matter to the commissioner of income-tax (appeals) for deciding afresh on the merits whether the expenditure was capital or revenue. the revenue is aggrieved by the finding of the tribunal that ..... that count itself, the claim of the assessee for deduction was not allowable. in view of the above finding, the commissioner of income-tax (appeals) did not consider whether the expenditure in question was capital or revenue expenditure.4. the assessee went in further appeal to the ..... income-tax appellate tribunal ('the tribunal'). so far as the accrual of the liability is concerned, the tribunal held that the approval of the .....

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Jun 28 1999 (HC)

Commissioner of Income-tax Vs. International Computers Indian Manufact ...

Court : Mumbai

Decided on : Jun-28-1999

Reported in : [1999]239ITR499(Bom)

..... the case, the assessee is entitled to development rebate under section 33(1)(b)(b)(i)(b) of the income-tax act, 1961, so that the orders under section 263 of the income-tax act, 1961, passed by the commissioner of income-tax deserved to be cancelled ? at the instance of the assessee : (2) whether, on the facts and in ..... b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following two questions of law to this court for opinion, both at the instance of the revenue ..... the circumstances of the case and in law, the commissioner of income-tax bombay city vi, bombay, was right in exercising ..... cent. according to him, the assessee was entitled to development rebate, only at the rate of 15 per cent. the commissioner of income-tax was of the opinion that the income-tax officer had not applied his mind to the question of the rate of development rebate applicable to computer system in this case. he, ..... therefore, initiated proceedings for suo motu revision and after hearing the assessee, directed the income-tax officer to modify his order by allowing development rebate at 15 per cent, as against 25 per cent, allowed by him. this order was passed by .....

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Jul 14 1999 (HC)

Commissioner of Income-tax Vs. Govind Poy Oxygen Ltd.

Court : Mumbai

Decided on : Jul-14-1999

Reported in : [1999]239ITR543(Bom)

..... of rs. 8,72,270 had been adjusted against the cost of specific assets and, therefore, in terms of the provisions of section 43(1) of the income-tax act, the actual cost of the asset would stand reduced by the amount of subsidy.5. in appeal carried by the assessee against the said order, the ..... of actual cost upon receipt of central subsidy of rs. 8,72,270.4. action under section 263 of the income-tax act, 1961, was initiated for the assessment year 1979-80 as the assessment order made by the first income-tax officer, margao, was found to be erroneous in so far as, it was prejudicial to the interests of the ..... machinery for the allowance of depreciation and dismissed the appeal.8. on reference made to the high court under section 256(1) of the income-tax act, 1961, the high court took a resume of the relevant case law. the high court relied upon the decision of the supreme court in ..... ranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred thefollowing question of law to this court for opinion at the instance of the revenue :'whether, on the facts and in the ..... from the cost of the plant and machinery for the purpose of determining actual cost for allowance of depreciation. the revenue appealed against the said order to the income-tax appellate tribunal. the tribunal held that the subsidies granted on the fixed capital investment of the assessee were not deductible in computing the cost of plant and .....

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Aug 24 1999 (HC)

G.M. Breweries Ltd. and Another Vs. Union of India and Others

Court : Mumbai

Decided on : Aug-24-1999

Reported in : 2000(2)BomCR160; (2000)2BOMLR308; (2000)161CTR(Bom)33; [2000]241ITR446(Bom); 2000(1)MhLj477

..... required, a fine of uptors. 10,000 may be imposed upon you under section 131(2)ncome tax act, 1961^/37(2)ealth-tax act, 1957^/36(2)ift-tax act, 1958^ of the income-tax act 1961/wealth-tax act, 1957/gift tax act, 1958.1) books of account for the period 1st june, 1993 to 31st march, 94 and ..... required, a fine of upto rs. 500/- may be imposed upon you under section 131(2)ncome tax act, 1961^/37(2)ealth-tax act, 1957^/36(2)ift-tax act, 1958^ of the income-tax act 1961/wealth-tax-act, 1957/gift tax act, 1958.1) sales register for f.y. 93-942) sales bill for f.y. 93-943) ..... 11-94to,the chief executiveg.m. brewereies ltd. s. veer savarkar margvirar (e).whereas your attendance is required in connection with proceedings under the income-tax act/wealth-tax act/gift tax act, in your case/the case of ----- you are hereby required personally to attend my office at ----- thane on 14-11-94 at 11 ..... .m. brewereies ltd. s.veer savarkar marg,virar (e), dist. thane.whereas your attendance is required in connection with proceedings under the income tax act/wealth tax act/gift tax act. in your case, you are hereby required personally to attend my office at thane on 8/8/94 at 11 a.m. to give ..... it is stated in the above summonses that the books of accounts and documents were required in connection with proceedings 'under the income-tax act, 1961/wealth tax act, 1957/gift tax act, 1958'. the case of the petitioners is that the summonses issued are illegal and without jurisdiction because they are issued without .....

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