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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1985 Page 1 of about 62 results (0.106 seconds)

Nov 22 1985 (HC)

Haryana Iron and Steel Rolling Mills Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Nov-22-1985

Reported in : (1986)51CTR(P& H)219; [1987]164ITR779(P& H)

..... the supreme court in r. s. joshi v. ajit mills ltd. [1977] 40 stc 497. a perusal of the provisions of the income-tax act, 1961, shows that the act first prescribes the duty of filing returns within the prescribed time and then postulates three distinct sanctions for the enforcement of that statutory obligation. these ..... therefore, for the prosecution to prove all the ingredients of the offence (headnote):'the penalty which can be imposed under section 271(1) of the income-tax act, 1961, is to be imposed on contumacious or fraudulent assessees. it is a quasi-criminal proceeding and the section is penal in the sense that its ..... provisions of section 275 had been rightly invoked and thus the penalty proceedings were not time-barred ? 2. whether the tribunal rightly held that the income-tax act as it stands amended on the 1st day of april of any financial year would apply to the assessment of that year but not to the ..... that identical considerations cannot and do not apply to clauses (a), (b) and (c) of section 271(1) of the act. hence, in the light of the broad scheme of the income-tax act, the specific language of section 271(lj(a) and the weight of precedents, it is clear that the doctrine of mens ..... has retrospective effect unless the amending statute provides otherwise. it was further held (at p. 520):' section 275 of the income-tax act, 1961, which provides the time-limit within which proceedings for imposition of penalty had to be completed, was amended by the taxation laws (amendment .....

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Nov 22 1985 (HC)

Commissioner of Income-tax Vs. Laxmi Dyeing and Finishing Factory

Court : Punjab and Haryana

Decided on : Nov-22-1985

Reported in : [1987]164ITR789(P& H)

..... the shares specified therein, but that the capital with its assets and liabilities would belong to m exclusively. this again was a case under the indian income-tax act, 1922, and for the same reasons as recorded above, would not have applicability on the facts of the present case.10. in nandiniben narottamdas' ..... after coming to the conclusion that the order of the commissioner, passed under section 263 of the income-tax act, 1961, stood vitiated, was right in law in not sending the case back to the commissioner for passing an order afresh after giving due ..... and in the circumstances of the case, the appellate tribunal was right in holding that the order of the commissioner under section 263 of the income-tax act was vitiated for non-issue of notices to the wife and minor sons of the karta of the family ? 2. whether the appellate tribunal, ..... amongst the four members of the hindu undivided family. on an application made by the assessee under section 171 of the income-tax act, 1961 (for short 'the act'), the income-tax officer, after necessary inquiry, recorded that a partial partition had taken place in the family on april 1, 1971. however, ..... of the members of the erstwhile hindu undivided family was not sufficient compliance with the requirement of section 25a of the indian income-tax act, 1922 (now section 171(2) of the act). obviously, these cases have no bearing on the facts of the present case. here, only a partial partition is .....

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Oct 31 1985 (HC)

Lal Chand Des Raj Singh Hukam Chand Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Oct-31-1985

Reported in : [1987]163ITR360(P& H)

..... raise the following questions of law :'(1) whether, on the facts and in the circumstances of the case, the tribunal while deciding an appeal under section 254(1) of the income-tax act, 1961, had jurisdiction to permit the revenue to make out a new case to the effect that des raj singh was not a genuine partner of the firm ? (2) whether ..... d.v. sehgal, j.1. an application under section 256(1) of the income-tax act, 1961 (hereinafter called 'the act'), of m/s. lal chand des raj singh hukam chand (hereinafter called 'the firm') made to the income-tax appellate tribunal, chandigarh bench (hereinafter called 'the tribunal'), to draw up a statement of the case and refer to this court questions which, according to the firm ..... the tribunal erred in law or failed to act in proper exercise of its jurisdiction under rule 29 of the income-tax appellate tribunal rules, 1963, in permitting the revenue to tender fresh evidence in question with a view to allowing it to raise a new plea ..... does not in any way circumscribe or control the power of the tribunal under section 254(1) of the act. the tribunal had sufficient powers under section 254(1) of the act to admit these documents in evidence and remit the matter to the income-tax officer for further action in accordance with law.6. taking into account the facts noted above as also .....

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Oct 07 1985 (HC)

Commissioner of Income-tax Vs. United Trading Company

Court : Punjab and Haryana

Decided on : Oct-07-1985

Reported in : [1987]163ITR302(P& H)

..... assessee contended that it had made an application dated december 6, 1971, before shri jagmohan chopra, predecessor of the assessing authority, for his consent under section 3(4) of the income-tax act for varying the meaning of the expression 'previous year' who had duly given his consent to the change of the previous years from the calendar year to the financial year ..... opinion :'whether, on the facts and in the circumstances of the case, and on a proper interpretation of section 3(4) of the income-tax act, 1961 the appellate tribunal was right in law in affirming the order of the income-tax officer and directing him to proceed on the basis as if consent for change of previous year had been granted ?'2. however, after ..... year had been granted. having failed before the appellate tribunal, the revenue got the above question referred for a mandamus as stated above.4. the question as to whether the income-tax officer gave his consent for varying the meaning of the expression 'previous year', as alleged by the assessee, or not is purely a question of fact. the learned counsel for ..... the consent was, in fact, allowed but remanded the case holding that the consent would be deemed to have been granted. as the provisions of section 3(4) of the act did not envisage any implied consent, the appellate assistant commissioner was not competent to record the finding that the consent would be deemed to have been given. the argument is .....

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Oct 31 1985 (HC)

Bhag Mal Charanji Lal Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Oct-31-1985

Reported in : [1987]163ITR721(P& H)

..... act'), for referring the following questions to this court :'1. whether, on the facts and in the circumstances of the case : (a) shri darshan kumar became a partner ..... by the assessing authority in the income of the hindu undivided family holding that darshan kumar entered into the agreement not in his individual capacity but as a coparcener representing the hindu undivided family. having failed in the first appeal as well as before the tribunal, he moved an application under section 256(1) of the income-tax act, 1961 (for short called 'the ..... profit earned is due to these finances ?' 2. the application was declined by the tribunal which led to the filing of the present petition under section 256(2) of the act ?3. the answer to all the questions framed depends on the basic question of fact as to whether darshan kumar entered into partnership in his individual capacity or as a ..... in the firm m/s. darshan kumar & co. with the aid of the hindu undivided family funds only and whether the income received by him had any and only real .....

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Jul 10 1985 (HC)

L. Rajeshwar Pershad Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jul-10-1985

Reported in : (1986)52CTR(P& H)305; [1986]159ITR920(P& H)

..... , i.e., in favour of the revenue. the highest court has held as follows in the said case (headnote):'now, it is well-settled that the income-tax act, as it stands amended on the first day of april of any financial year must apply to the assessments of that year. any amendments in the ..... in law in holding that income from capital gains on sale of jewellery was taxable for the assessment year 1973-74 ?'7. after hearing the learned ..... (sc) .6. on application under section 256(1) of the act, the tribunal has referred the following question for opinion to this court:'whether, on the facts and in the circumstances of the case and in view of the amendment of section 2(14)(ii) of the income-tax act, 1961, with effect from april 1, 1973, the tribunal was justified ..... g.c. mital, j. 1. if an amendment in the income-tax act, 1961 (hereinafter referred to as 'the act'), is brought into effect from the 1st of april, of a particular financial year, 'whether that amendment would apply to the assessment for that year' is ..... 56,500. according to the assessee, no capital gain accrued on the sale of jewellery. however, the income-tax officer did not agree with the stand of the assessee and since the amendment contained in section 2(14)(ii) of the act came into effect on april 1, 1973, it was held that in the assessment year 1973-74, .....

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May 09 1985 (HC)

Sat Parkash Ram Naranjan Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : May-09-1985

Reported in : [1986]158ITR781(P& H)

..... that the assessee has failed to prove the said amount to be a bad debt. the assessee then moved an application under section 256(1) of the income-tax act, 1961 (for short 'the act'), for referring the following two questions but the same was declined by the tribunal, vide order annexure 'e', dated january 6, 1977 :'(i) whether ..... have given a finding as to the year in which the debt became bad in view of the provisions of section 155(6) of the income-tax act, 1961?' 2. thereafter, he moved the present petition for a mandamus requiring the tribunal to refer the above-noted two questions under section 256(2) of ..... as framed does not arise from the order of the tribunal.4. as regards the second question, a bare perusal of section 155{6) of the act would show that its provisions have no relevancy whatsoever to the facts of the present case and as such this question also does not arise from the order ..... , on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that the debt of rs. 86,905 had not ..... the act.3. the learned counsel for the assessee does not dispute that the finding as to whether the debt is proved to be a bad debt or .....

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Oct 10 1985 (HC)

Commissioner of Income-tax Vs. Khalsa Engineering Works.

Court : Punjab and Haryana

Decided on : Oct-10-1985

Reported in : [1987]163ITR436(P& H)

..... record ......'7. as regards 43 tin ingots, the tribunal agreed with the decision of the appellate assistant commissioner. the department filed an application under section 256(1) of the income-tax act, 1961, for referring two questions of law for the opinion of this court, one relating to 43 tin ingots and the other relating to 31 copper slabs.8. the ..... rs. 24,565. during the assessment proceedings, in response to notice under section 143(2) of the income-tax act (hereinafter called 'the act'), it was found that the assessee had taken overdrafts from certain banks. the assessee was asked by the income-tax officer to furnish certificates from the concerned banks confirming the overdrafts with details of the securities pledged with them to ..... , the appeal was allowed and addition was made to the extent of rs. 10,000. against the order of the appellate authority, the commissioner of income-tax took the matter in appeal before the income-tax appellate tribunal, amritsar, whereas the assessee filed cross-objections.the tribunal by order dated november 29, 1970, modified the decision of the appellate assistant commissioner in ..... it defrauded the bank can be accepted so as to escape the liability under the act. hence, it has to be seen whether the tribunal was justified in upholding the decision of the appellate assistant commissioner, deleting the addition of rs. 71,983. accordingly, wedirect the income-tax appellate tribunal, amritsar bench, to state the case on the following question of .....

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May 08 1985 (HC)

Commissioner of Income-tax Vs. Sham Lal Kewal Krishan

Court : Punjab and Haryana

Decided on : May-08-1985

Reported in : (1986)54CTR(P& H)266; [1986]159ITR330(P& H)

..... fact, were carried out. may be that some violations were committed by the firm or its partners against the punjab excise act but the provisions of such act were sufficient to take care of any violation under that particular statute and the income-tax act, 1961, could not and should not be brought into play for those violations. 14. the ingredient of mutual agency ..... applications under section 256(2) of the income-tax act, 1961 (for short, 'the act'), the commissioner of income-tax, patiala, has raised the following question of law : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in upholding the direction of the appellate assistant commissioner of income-tax to the income-tax officer to grant registration to the assessee- ..... accounts seized on november 29, 1970, referred to as set no. 1. those accounts disclosed that the assessee had violated the provisions of the punjab excise act and the rules made thereunder. the income-tax officer recorded the statement of one of the partners of the assessee-firm to come to such conclusion. the assessee, though assessed in the status of a ..... which is vital to the partnership agreement is also not challenged by the revenue and, as a matter of fact, the statement of one of the partners having been relied on by the income-tax authorities, gave a .....

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Oct 08 1985 (HC)

Commissioner of Income-tax Vs. Punjab Business and Supply Co. Pvt. Ltd ...

Court : Punjab and Haryana

Decided on : Oct-08-1985

Reported in : (1986)55CTR(P& H)78; [1986]159ITR664(P& H)

..... , on making the regular assessment, no tax liability was found due, there was no occasion for the income-tax officer to charge interest under section 216 of the income-tax act, 1961 ?'2. the punjab business and supply co. pvt. ltd., yamunanagar (hereinafter called ..... . through this reference under section 256(1) of the income-tax act, 1961 (hereinafter called 'the act'), the income-tax appellate tribunal, chandigarh bench, has referred the following question of law for the opinion of this court:'whether, on the recorded facts, the tribunal has been right in law in vacating the order of the. commissioner of income-tax passed under section 263 on the ground that when ..... 'the assessee'), was served with a notice dated april 11,1972, under section 210 of the act by the income-tax officer requiring the assessee to pay advance tax of rs. 2,03,863 on .....

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