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Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Year: 1985 Page 1 of about 147 results (0.024 seconds)

May 24 1985 (HC)

Commissioner of Income-tax Vs. Shri Chunnilal Tak

Court : Rajasthan

Decided on : May-24-1985

Reported in : (1986)53CTR(Raj)62; [1986]160ITR617(Raj)

..... rs. 5,000 and rs. 35,000 paid to the lessor by the appellant could be deducted under section 10(2)(xv) of the indian income-tax act, 1922 (the old act). it was held that the payment of rs. 40,000was a capital expenditure and was, therefore, rightly disallowed as a deduction under section 10(2 ..... esa ls ;g jde de dj nh tkosxh a 6. it will be relevant here to read the material part of section 37 of the income-tax act, 1961 (for short ' the act '):'37. (1) any expenditure (not being expenditure of the nature described in sections 30 to 36 and section 80vv and not being in ..... minimum guarantee was given by the assessee to acquire the right of carrying on business in a particular area and as such it constituted capital expenditure. the income-tax officer has observed as under :'first of all, regarding the loss, the position is that the shortfall in guarantee which is not a revenue loss ..... to the assessee, enabling it to sell the country liquor during the accounting period which commenced from april 1, 1967, and ended onmarch 31, 1968. the income-tax officer in his order dated march 30, 1972, did not accept the assessee's claim of deficiency as a trading loss, for, according to him, ..... all the business of armour plates from the american field commission and so the amount was not a permissible deduction for the purpose of income-tax.17. in n. peer sahib v. cit : [1964]54itr681(kar) , the assessee carried on business in mining iron ore. he obtained mining leases from the government which was .....

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Jul 16 1985 (HC)

Commissioner of Income-tax Vs. Udaipur Distillery

Court : Rajasthan

Decided on : Jul-16-1985

Reported in : (1986)53CTR(Raj)244; [1986]160ITR444(Raj); [1986]63STC126(Raj); 1985(2)WLN397

..... , for, it is sufficient to state that the assessee had claimed interest paid on the delayed payment of sales tax as allowable expenditure under section 37 of the income-tax act, 1961 (no. 43 of 1961) (for short ' the act '). the income-tax officer by his order dated january 24, 1975, rejected the claim of the assessee (non-petitioner) with respect to the amount ..... . act. on appeal, the supreme court, while reversing the view taken by the high court, held that the interest paid under section ..... ;' whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in holding that the interest paid to the sales tax department on the arrears of sales tax under section 11b of the rajasthan sales tax act, 1954, was an admissible deduction under section 37 of the income-tax act, 1961 '2. it is not necessary to recount the facts in detail ..... paid on the arrears of cess constituted a permissible deduction. the delhi high court did not agree with the income-tax appellate tribunal, as according to it, the amount of interest did not fall within the scope of section 10(2)(xv) of the indian income-tax act, 1922 ('the old act'), because it was paid by way of penalty for infringement of the u.p .....

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Aug 22 1985 (HC)

Arvind Singh (Legal Heir of Maharana Bhagwat Singh Who Was Legal Heir ...

Court : Rajasthan

Decided on : Aug-22-1985

Reported in : (1986)52CTR(Raj)286; [1986]160ITR908(Raj); 1985(2)WLN789

..... by or on behalf of the ruler as privy purse or as a result of any financial agreement with the government and, therefore, exemption under section 10(19) of the income-tax act, 1961, is not available in the hands of the assessee. the covenant is between the ruler and the government whereas hath kharch allowance is between the ruler and the assessee ..... hold that the annual 'hath kharch allowance ' which was being paid to the assessee was in pursuance of an enforceable custom and, therefore, was not exempt from tax under section 10(19) of the income-tax act, 1961 ? 3. whether the tribunal erred in not following the view of the supreme court in the case of kunwar shri vir rajendra singh v. union of ..... kunwar, of udaipur to the tribunal. the same was dismissed. the tribunal considered the question of exemption under sections 10(19) and 10(2) of the income-tax act, 1961 (xliii of 1961) (for short 'the act'), and recorded the following findings:(1) that the deceased-assessee has all along in the past been receiving the said allowance by way of periodical receipts accruing ..... the respective financial years relevant to the assessment years 1970-71 and 1971-72 from maharana bhagwat singh of mewar was exempt from income-tax under the provisions of section 10(19) and/or section 10(2) of the income-tax act, 1961, or otherwise '7. after carefully examining the findings recorded by the tribunal in its order dated april 27, 1976, and the controversial .....

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Jan 18 1985 (HC)

Kashiram Radhakishan Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Jan-18-1985

Reported in : [1985]155ITR609(Raj); 1985(1)WLN649

..... section 10(2)(xv) as, in considering the allowability of an expenditure under section 10(2)(xv) of the income-tax act, one cannot travel beyond the provisions of the income-tax act and deny the benefit of deduction under that section on the ground that the payment is unauthorised or has been prohibited ..... the value of benefit accruing to him, shall be deemed to be profits and gains of business or profession and accordingly chargeable to income-tax as the income of that previous year, whether the business or profession in respect of which the allowance or deduction has been made is in existence in ..... the following observations (page 5):' moreover, we do not think that this inquiry is relevant, for we are dealing with a question of income-tax and not judging the legality or propriety of the transaction on an application to reduce the capital of the company. the only question is whether ..... to make payment for pressing the bales at anything more than rs. 16 per bale. inasmuch as this amount has already been allowed by the income-tax officer as business expenditure, no further relief is called for. the appeal of the assessee on this point, therefore, fails. '3. it may ..... by some other statute. further, section 348 of the companies act, 1956, does not impose an absolute prohibition because any excess payment could be authorised under section 352 of the act .....

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Aug 23 1985 (HC)

Commissioner of Income-tax Vs. Rajasthan Machinery Mart (P.) Ltd.

Court : Rajasthan

Decided on : Aug-23-1985

Reported in : [1986]160ITR952(Raj); 1985(2)WLN142

..... foreign countries with respect to the business of the assessee. a question, arose as to whether it was an allowable expenditure under section 10(2)(xv) of the indian income-tax act, 1922 ('the old act'). the division bench consisting of r. s. pathak j., as he then was, and t.p. mukerjee j. of the allahabad high court held that any expenditure ..... materialise. under the circumstances, the expenditure in question cannot be called as capital in nature... '5. an application under section 256(1) of the income-tax act, 1961 (no. xliii of 1961)('the act'), was filed by the commissioner of income-tax, jodhpur. he desired that two questions of law which have been mentioned in the statement of the case may be referred for the opinion ..... on the basis of the material on record concurred with the finding of the income-tax officer that such expenditure was of capital nature. he, therefore, dismissed, the appeal by his order dated august 31, 1978. a further appeal was filed by the assessee before the ..... considering the evidence on record and contentions of the assessee opined that the tour was undertaken primarily in connection with the farbrication of the test bench. in these circumstances, the income-tax officer held, vide his order dated february 21, 1978, that such expenditure was of capital nature. he, therefore, disallowed it.4. an appeal was taken. the appellate assistant commissioner .....

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Aug 14 1985 (HC)

Commissioner of Income-tax Vs. Ramdeo Samadhi

Court : Rajasthan

Decided on : Aug-14-1985

Reported in : (1986)50CTR(Raj)61; [1986]160ITR179(Raj); 1985(2)WLN161

..... the said act. economists have defined the term 'income' as consumption plus (or minus) the net increase (or decrease) in value ..... the payer is not a sine qua non of a receipt to become an income. in h.h. maharaj rana hemant singhji v. cit , a contention was raised that the concept of income is that it must be referable to a source capable of yielding some periodical return. it was observed that the income-tax act has adopted a comprehensive basis for taxation inasmuch as all ..... known as shri ramtleoji or descendants of shri ramdeoji. ' 6. it, therefore, dismissed the appeal of the revenue. an application under section 256(1) of the act was filed by the commissioner of income-tax and the aforesaid questions have been referred to us for our opinion.7. we have heard mr. b.r. arora, learned counsel for the revenue, and mr ..... income coming from whatever source is liable to taxation unless such income fell within the exemptions enumerated in .....

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Apr 17 1985 (HC)

Commissioner of Income-tax Vs. Pradyuman Kumar Kachhawa,

Court : Rajasthan

Decided on : Apr-17-1985

Reported in : (1986)54CTR(Raj)25; [1985]156ITR105(Raj); 1985(1)WLN570

..... the facts and in the circumstances of the case, the tribunal was justified in holding that the provisions of section 52(2) of the income-tax act, 1961, were not attracted in this case and further in directing the income-tax officer to compute the capital gains on the basis of the consideration declared by the assessees? '6. in accordance with the aforesaid directions of ..... singh and mahendra singh, respectively.5. the tribunal refused to make a reference on the application under section 256(1) of the act, but on an application made by the commissioner of income-tax, rajasthan, jaipur, under section 256(2) of the act, this court by its order dated april 4, 1977, directed the tribunal to draw up a statement of the case and ..... rates at which the lands were sold by the assessees were very low. after seeking the approval of the iac of income-tax, jodhpur range, jodhpur, the ito served notices upon the assessees, invoking the provisions of section 52(2) of the act. after the assessees had filed their replies, the ito held that the market value of the lands in question, at ..... this court, the income-tax appellate tribunal has made the reference by its order dated september 28, 1977, and has referred the aforesaid question of law for the opinion of this court.7. section 52 of the act, with which we are concerned in the present case, runs as under :'52. (1 .....

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May 06 1985 (HC)

Commissioner of Income-tax Vs. Shree Eklingji Trust

Court : Rajasthan

Decided on : May-06-1985

Reported in : [1985]155ITR383(Raj); 1985(1)WLN576

..... that the provisions of sections 13(1)(c) or 13(2)(a) of the act were applicable, the ito's failure to deny exemption in terms of sections 11 and 12 with respect to the assessee-trust's income was not a mistake rectifiable under section 154 of the income-tax act, 1961?' 15. in the circumstances of the case, the parties are left to ..... s.k. mal lodha, j. 1. this is an application under section 256(2) of the i.t. act, 1961 (no. 43 of 1961) ('the act' herein), by the commissioner of income-tax, jodhpur ('the cit'), for a direction to the income-tax appellate tribunal, jaipur bench, jaipur (hereinafter referred to as 'the tribunal'), to state the case and refer the following questions for the opinion of this ..... case, and in view of the weight of material on record, the tribunal was justified in cancelling the order of the income-tax officer passed under section 154 of the act ?' 2. the assessee is a trust, which was allowed exemption under the act. deceased bhagwat singh was its managing trustee. a sum of rs. -3,50,000 was advanced to a private limited ..... circumstances of the case, the tribunal was right in law in holding that notwithstanding the findings arrived at by the income-tax officer in the course of original assessment that the provisions of section 13(1)(c)/13(2)(a) of the act were applicable, the ito's failure to deny exemption in terms of sections 11 and 12 with respect to the .....

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Jan 03 1985 (HC)

Moti Trust Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Jan-03-1985

Reported in : (1985)46CTR(Raj)264; [1987]165ITR367(Raj); 1985(1)WLN349

..... appeals before the income-tax appellate tribunal. the learned tribunal disposed of both the appeals by a common order dated november 24, 1980. the tribunal agreed with ..... unknown and, as such, the provisions of section 164 were applicable?' 3. brief facts of the case are that pursuant to a notice issued under section 143(2) of the income-tax act, 1961 (no. xliii of 1961) (for short 'the act'), by the income-tax officer, a-ward, kota, m/s. moti trust (hereinafter referred to as 'the assessee ') filed a return of its ..... in respect of the assessment year 1976-77. the commissioner directed the income-tax officer to charge tax on the assessee-trust under section 164 of the act and to issue necessary consequential notice of demand and challan and take steps to collect the same as per the provisions of the income-tax act, 1961.6. the assessee, aggrieved against the orders of the commissioner, filed two ..... of association of persons and had completed the assessment under section 164 of the act. the assessee itself had also declared the status as association of persons but the income-tax officer in the assessment forms did not tax the trust as provided under section 164. the order passed by the income-tax officer was considered to be erroneous and as there was loss of lawful .....

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Nov 19 1985 (HC)

Commissioner of Income-tax Vs. Pratapsingh and ors.

Court : Rajasthan

Decided on : Nov-19-1985

Reported in : (1986)57CTR(Raj)291; [1987]164ITR431(Raj)

..... before the appellate tribunal claimed in the alternative that the amount laid out was in any event expenditure for current repairs allowable under section 10(2)(v) of the indian income-tax act. their lordships held as under (headnote):'that because the tribunal rejected the assessee's claim for development rebate, it was not bound to disallow the claim of the assessee for ..... law for not entertaining the plea taken by the department before the tribunal.9. for the proper appreciation and adjudication of the controversy, we read section 254(1) of the income-tax act:'section 254(1) the appellate tribunal may, after giving both the parties to the appeal an opportunity of being heard, pass such orders thereon as it thinks fit.' 10. section ..... the assessee. under section 33(4), the appellate tribunal is competent to pass such orders on appeal 'as it thinks fit'. there is nothing in the income-tax act which restricts the tribunal to the determination of questions raised before the departmental authorities. all questions, whether of law or of facts, which relate to the assessment of the assessee ..... the hands of the co-owners and not in the hands of the 'association of persons', vide section 26 of the income-tax act, 1961. this contention found favour with the appellate assistant commissioner and hence this income was deleted from the income of the assessee.6. the department took appeals before the appellate tribunal and it was submitted that the appellate assistant commissioner has .....

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