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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1985 Page 4 of about 62 results (0.037 seconds)

Sep 12 1985 (HC)

Commissioner of Income-tax Vs. Oswal Woollen Mills Limited

Court : Punjab and Haryana

Decided on : Sep-12-1985

Reported in : [1987]163ITR207(P& H)

..... filed by it, he forwarded the draft order together with the objection to the inspecting assistant commissioner and on receipt of direction from him under section 144b(4) of the income-tax act, 1961, issued an assessment order on september 24, 1979, disallowing many deductions claimed by the assessee such as deduction on surtax, depreciation on vanaspati plant, annual depreciation in respect ..... complete disregard of the amended provisions of section 80j ? (b) whether, on the farts and in the circumstances of the case, on a proper interpretation of section 35b of the income tax act, 1961, the appellatetribunal was right in law in allowing weighted deduction on the following items of expenditure claimed by the assessee for the assessment year 1976-77. (i) commission/service ..... disregard of the amended provisions of section 80j ? (f) whether, on the facts and in the circumstances of the case, and on a proper interpretation of section 35b of the income-tax act, 1961, the appellate tribunal was right in law in allowing weighted deduction on the following items of expenditure claimed by the assessee for the assessment year 1976-77 : (i) ..... with the assessee's export business ?' the application having been declined by the tribunal, the revenue has come to this court for a mandamus under section 256(2) of the income-tax act.4. the learned counsel for the parties are agreed that questions (a) and (e) have become infructuous in view of the rectification order of the tribunal, dated june 23, .....

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Oct 31 1985 (HC)

Bhag Mal Charanji Lal Vs. Commissioner of Income-tax and ors.

Court : Punjab and Haryana

Decided on : Oct-31-1985

Reported in : (1986)55CTR(P& H)70; [1987]163ITR354(P& H)

..... assessing authority issued a show-cause notice to the hindu undivided family as to why penalty be not imposed under section 271(1)(c) of the income-tax act (for short, called 'the act') for concealment of the said income, and after hearing the assessee, imposed 100 per cent. penalty which was the minimum under the said provision. the order of the assessing authority having ..... section 271(1)(c) and is legally exigible in view of anwar ali's case of the supreme court ? (ii) is not the procedure adopted by the tribunal and the income-tax officer inquisitorial and not accusatorial as is required in the quasi-criminal proceeding, which penalty proceeding undoubtedly is ? (iii) whether the moneys in the hands of a coparcener for his ..... together with the statement of the case :'whether, on the facts and circumstances of the case, penalty would be exigible under the provisions of section 271(1)(c) of the income-tax act ?'4. no costs. ..... been upheld up to the tribunal stage and the assessee's application under section 256(1) of the act also having been rejected, he moved the present petition .....

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Oct 09 1985 (HC)

Commissioner of Income-tax Vs. Mittal Engineering Co.

Court : Punjab and Haryana

Decided on : Oct-09-1985

Reported in : [1987]163ITR415(P& H)

..... , 1972 ? 2. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that explanation to section 185(1) of the income-tax act, 1961, is not attracted to this case ? 3. whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in directing the ..... was remanded for framing an assessment after granting registration. the application of the revenue under section 256(1) of the income-tax act, 1961 (for short 'the act'), having been declined, this petition has been filed under sub-section (2) of section 256 of the act for a mandamus requiring the tribunal to refer the following three questions to this court:' 1. whether, on the ..... to the benefits of the partnership and the ladies were described as sleeping partners. both these sets of partners neither contributed any personal skill nor capital. on these facts, the income-tax officer held that the said partners were benamidars of shri nikka ram and declined registration. this order having been affirmed by the appellate assistant commissioner, they approached the tribunal. their ..... income tax officer to grant registration to the assessee-firm for the assessment year 1973-74 ?' 2. although question no. 1 is a question of law, it stands concluded by the decision .....

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Oct 18 1985 (HC)

Ram NaraIn Paliwal Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Oct-18-1985

Reported in : (1986)52CTR(P& H)245; [1986]162ITR539(P& H)

..... assets equally with him, she was also given equal share and the memorandum of partition was drawn up. under the circumstances, on a reading of section 171 of the income-tax act, we do not find any impediment in the way of the assessee to claim partial partition of hindu undivided family assets. it would hardly matter whether a mother was ..... the course of assessment proceedings for the previous year ending on march 31, 1973, a claim for partial partition under section 171 of the income-tax act, 1961 (hereinafter called 'the act'), was made by the hindu undivided family. the income-tax officer did not accept the assessee's claim for partial partition, firstly, because smt. ram piari had been wrongly described in the memorandum ..... joint hindu family, then the consideration, which have been taken notice of by the tribunal would have fallen for consideration. here, the income-tax officer and the tribunal were called upon to determine the matter under section 171 of the income-tax act, 1961. admittedly, the hindu undivided family consisted of ram narain, his mother, ram piari, his wife and his minor sons ..... female heir could claim partition of the joint hindu family property. consequently, the appeal was accepted and partial partition was allowed under section 171 of the act. the department came up in appeal before the income-tax appellate tribunal. the tribunal, by order dated july 29, 1976, allowed the appeal and after vacating the order of the appellate assistant commissioner, restored .....

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Aug 26 1985 (HC)

Himmatram LaxminaraIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Aug-26-1985

Reported in : [1986]161ITR7(P& H)

..... the opinion of this court:'whether, on the recorded facts, the tribunal has been right in law in sustaining the addition of rs. 73,075 under section 69 of the income-tax act, 1961 ?'2. on a reading of the question referred to us, we have to opine whether, on the recorded facts, the tribunal was right in making an addition of rs ..... assessee had invested an amount of rs. 73,075. the explanation furnished by the assessee was not accepted and under section 69 of the income-tax act, 1961 (hereinafter called 'the act'), the sum of rs. 73,075 was added as income from undisclosed sources. on the assessee's appeal, the appellate assistant commissioner affirmed the estimated sales and the assessee's further appeal before ..... to be sustained in terms of the income-tax officer's and the appellate assistant commissioner's orders, such addition would come to rs. 73,075 ..... . 73,075 under section 69 of the act. the recorded facts in terms of the order of the tribunal are as follows :'so far as the addition under section 69 of the income-tax act is concerned, the assessee has submitted at the outset that even if an addition under section 69 had .....

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Aug 26 1985 (HC)

Amritsar Transport Co. P. Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Aug-26-1985

Reported in : (1986)51CTR(P& H)395; [1986]161ITR18(P& H)

..... findings of the tribunal that the remuneration paid to s/shri jagmohan mehra and manmohan mehra was unreasonable within the meaning of section 40(c) of the income-tax act, 1961, is based on any material? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in law ..... claimed and that the employees much senior to them were paid lesser salary and after invoking the provisions of section 40(c) of the income-tax act, 1961 (hereinafter called 'the act'), it was held that the salary paid to them was excessive and unreasonable and having regard to the legitimate business needs of the company ..... total expenditure incurred by the assessee by way of entertainment was hit by the provisions of section 37(2a) of the income-tax act, 1961 ?' 2. the counsel for the parties are agreed that the third question is covered by a full bench decision of this court in ..... assessee's appeal remained unsuccessful before the appellate assistant commissioner. however, on further appeal to the tribunal, after upholding all the findings recorded by the income-tax officer on facts, it concluded that salary at the rate of rs. 750 per month to each of the two persons was quite reasonable and the ..... rs. 13,200 to manmohan mehra, sons of smt. bimlawati, director of the assessee company, as they were employed with the assessee company. the income-tax officer found that these two persons had very little experience in the line of business, they were less than 26 years of age, their salaries in .....

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Dec 17 1985 (HC)

Sutlej Chit Fund and Financiers (Pvt.) Ltd. Vs. Commissioner of Income ...

Court : Punjab and Haryana

Decided on : Dec-17-1985

Reported in : (1986)55CTR(P& H)114; [1986]161ITR174(P& H)

..... monies or other assets which have not been or which ought to have been disclosed by the transferor for the purpose of the income-tax act or the wealth-tax act. the report relied upon in the present case by the competent authority contains only the material on the basis of which the fair ..... s.p. goyal, j. 1. this judgment will dispose of 15 income-tax appeals nos. 1 to 12 of 1977 and income-tax appeals nos. 1 to 3 of 1978 which have been filed under section 269h of the income-tax act, 1961 (hereinafter called 'the act'), against a common judgment of the appellate tribunal dated october 30, 1976, and ..... was pointed out by the learned counsel, these appeals have to be dismissed on this very short ground.5. mr. bhagirath dass, learned counsel in income-tax appeal no. 3 of 1977, challenged the impugned order only on the ground that a proper method was not adopted in determining the fair market price. ..... failed before the tribunal as well, the transferor and the transferees have come up in these appeals under section 269h of the act.4. income-tax appeals nos. 1 and 2 have been filed by the vendees against the order of the tribunal dismissing their appeals under section ..... instrument of transfer with the object of facilitating evasion of the liability of the transferor to pay tax under the act in respect of any income arising from the transfer, initiated proceedings under section 269d of the act by publishing a notice in the official gazette. notices were also served on the transferor and the .....

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Jul 11 1985 (HC)

Darshan Kumar Oswal Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jul-11-1985

Reported in : [1986]159ITR513(P& H)

..... in k.p. varghese v. ito : [1981]131itr597(sc) and the plea of the assessee was upheld in the following terms (headnote) :'sub-section (2) of section 52 of the income-tax act, 1961, can be invoked only where the consideration for the transfer of a capital asset has been understated by the assessee, or, in other words, the full value of the ..... .54 ? 2. whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the provisions of section 52(2) of the income-tax act, 1961, were applicable in the present case? 3. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that an ..... these shares was rs. 51.54 per share when calculated as per break-up method provided in rule 1d of the wealth-tax rules, 1957, held that the provisions of section 52(2) of the income-tax act, 1961 (hereinafter called 'the act'), would govern the case.2. consequently, after allowing the permissible deductions, an amount of rs. 9,027 was added to the returned ..... income of the assessee. the order of the income-tax officer was reversed by the appellate assistant commissioner but was restored by the tribunal, vide order .....

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Jul 08 1985 (HC)

Commissioner of Income-tax Vs. Brij Bhushan Lal Suresh Kumar

Court : Punjab and Haryana

Decided on : Jul-08-1985

Reported in : [1986]159ITR825(P& H)

..... plea during the assessment proceedings of the hindu undivided family relating to the year 1971-72, the income-tax officer, being of the view that no partial partition had ever taken place, issued a notice under section 186(1) of the income-tax act, 1961 (hereinafter called 'the act'), to show cause as to why continuance of registration of the sub-partnership for the assessment year ..... lal as representing the hindu undivided family and his son, shri suresh kumar, in his individual capacity (ii) whether, on the facts and in the circumstances of the case, the income-tax officer was right in law in cancelling the registration of the firm for the assessment year 1965-66 and whether such an order is viti-ated by his failure to ..... with a coparcener of his own family ?' 2. the tribunal held that the proposition, subject-matter of question no. 3, stood concluded by a decision of the supreme court in cit v. sir hukumchand mannalal and co. : [1970]78itr18(sc) and declined the reference of questions nos. 1 and 2, observing that the same were only consequential to question no. 3 ..... in second appeal before the tribunal who reversed the same and restored the registration of the sub-partnership. an application filed by the revenue under section 256(1) of the act was also dismissed which led to the filing of the present petition for a mandamus for referring the following three questions to this court : '(i) whether, on the facts and .....

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Jul 08 1985 (HC)

Commissioner of Income-tax Vs. Ganpat Rai Banarsi Dass

Court : Punjab and Haryana

Decided on : Jul-08-1985

Reported in : [1986]159ITR837(P& H)

..... , therefore, there was almost no chance for the recovery of rs. 75,000. against the aforesaid order, the commissioner of income-tax filed an application for reference under section 256(1) of the income-tax act, 1961 (hereinafter called 'the act'), before the income-tax appellate tribunal, chandigarh, which application was rejected by order dated february 2, 1977, on the ground that no question of law ..... arose for referring the matter to this court and pure questions of fact were involved. feeling aggrived, the commissioner of income-tax has come to this court ..... under section 256(2) of the act seeking mandamus. 3. after hearing the learned counsel for the parties and on perusal of the record, we are in agreement with the ..... were taken over as a sick textile undertaking under the sick textile undertakings (nationalisation) act, 1974. in the assessment year 1971-72, the assessee claimed deduction of rs. 75,000 as a bad debt. the assessee did not get any relief from the income-tax officer and its appeal before the appellate assistant commissioner also remained unsuccessful. the matter was .....

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