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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: kolkata Year: 1985 Page 1 of about 140 results (0.084 seconds)

Jan 01 1985 (HC)

Commissioner of Income-tax Vs. Birla Cotton Spinning and Weaving Mills ...

Court : Kolkata

Decided on : Jan-01-1985

Reported in : (1986)54CTR(Cal)257,[1986]157ITR516(Cal)

..... knew or had reason to believe it to be untrue.10. on the aforesaid facts, the revenue filed an application under section 256(1) of the income-tax act, 1961, suggesting four questions. however, the tribunal referred the following common question for the aforesaid two assessment years :' whether, on the facts and in ..... 67 and 1968-69 for which the previous years ended on march 31, 1966, and march 31, 1968, respectively.2. the income-tax officer served demand notice under section 210 of the income-tax act, 1961, calling upon the assessee to pay rs. 24,92,216 for the first year under reference and the assessee paid, ..... for the assessment year 1971-72 ended on august 31, 1970. it paid advance tax as demanded by the income-tax officer under section 210 of the income-tax act, 1961, on an income of rs. 5.44 lakhs. the last instalment of advance tax was paid on january 15, 1971. on may 7, 1971, the books of ..... as per its estimate, rs. 2,50,897. for the second year under reference, the income-tax officer demanded rs. 5,34,332 under section 210 of the income-tax act, 1961, and the assessee paid, as per its estimate, rs. 3,35,000. the facts revealed for the first ..... assistant commissioner was rejected. before the tribunal, it was contended that the assessee was entitled to file its estimates of income at any time under section 18a(2) of the indian income-tax act, 1922, and there was no obligation on the assessee to wait till the end of the account year before filing .....

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Jan 07 1985 (HC)

Oil India Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-07-1985

Reported in : (1986)50CTR(Cal)355,[1986]159ITR151(Cal)

..... j.1. for the assessment year 1968-69, the following question of law was referred to this court under section 256(1) of the income-tax act, 1961 :' whether, on the facts and in the circumstances of the case, the tribunal was right in holding that drains, culverts and ..... roads were not buildings or plant and as such no depreciation was admissible thereon 'in the assessment for the assessment year 1968-69, the income-tax officer, following his assessment order for earlier years, rejected the claim of the assessee-company for the grant of depreciation allowance in respect of ..... , drains, culverts, swimming pools, parks, fencing, etc. the appellate assistant commissioner, following his order in respect of earlier years, directed the income-tax officer to go into the details and allow depreciation wherever it may be due on the lines and hi the light of the principles enunciated by ..... company whereby the order of the appellate assistant commissioner had been reversed and that of the income-tax officer has been restored. following its earlier order, the appellate tribunal similarly restored the order of the income-tax officer on this point for the assessment year 1968-69.2. for the assessment years ..... business of the assessee and whether depreciation as claimed by the assessee is admissible or not. the said decision is reported in oil india ltd. v. cit : [1978]114itr323(cal) .3. for the assessment year 1969-70, at the instance of the assessee, the following question was referred to this court .....

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Jan 07 1985 (HC)

Commissioner of Income-tax Vs. Doon Foundation

Court : Kolkata

Decided on : Jan-07-1985

Reported in : (1986)53CTR(Cal)440,[1985]154ITR208(Cal)

..... the circumstances of the case, the tribunal was justified in holding that m/s. doon foundation was an educational institution and entitled to exemption under section 10(22) of the income-tax act, 1961 ?'4. mr. a. c. maitra, the learned advocate appearing for the commissioner, has submitted that the educational institution of the assessee is not affiliated to any university. it is ..... be applied directly or indirectly for the benefit of the members of the foundation or their relatives or other persons specified in section 13 of the income-tax act, 1961, as amended from time to time ; (iv) the income and property of the trust shall be applied solely towards the promotion of the objects and purposes of the foundation as set forth in this ..... institution existing solely for the purpose of education and not for profit. therefore, the assessee was an educational institution, the income of which was exempt under section 10(22) of the act.11. the last decision cited is in the case of cit v. saraswath poor students fund : [1984]150itr142(kar) . in that case, the assessee was a society registered under the societies ..... . mr. bajoria has heavily relied on the decision of this court in the case of birla vidhya vihar trust v. cit : [1982]136itr445(cal) . in that case, the assessee trust claimed exemption under section 10(22) in respect of the income from mahadevi birla girls' high school and mahadevi birla sishu vihar. the ito rejected the claim for exemption on the ground .....

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Jan 08 1985 (HC)

Commissioner of Income-tax Vs. R.V. Briggs and Co. (P.) Ltd.

Court : Kolkata

Decided on : Jan-08-1985

Reported in : [1985]155ITR495(Cal)

..... payment made by the assessee and disallowed the balance which was determined to be rs. 41,274.6. the assessee preferred a further appeal before the income-tax appellate tribunal. the contention of the assessee before the tribunal was, inter alia, that the liability for payment of the entire additional salary of rs ..... parties could arrive at a fresh settlement which could put an end to the disputes.17. the preamble to the industrial disputes act lays down that the said act is 'an act to make provision for the investigation and settlement of the industrial disputes......'18. it has not been found nor was it the ..... iillj647sc . in this case, the question before the supreme court was whether publication of an award by an industrial tribunal under section 17 of the industrial disputes act, 1947, was directory or mandatory. in dealing with the said question, the supreme court observed, inter alia, that reference to an industrial tribunal was for ..... .11. at the instance of the revenue, the tribunal has referred the following questions for our opinion under section 256(1) of the i.t. act, 1961, as questions of law arising out of the order of the tribunal :'(1) whether, on the facts and in the circumstances of the case ..... on december 12, 1970.8. it was contended on behalf of the revenue before the tribunal that under section 17(a) of the industrial disputes act, an award became final after the expiry of 30 days from the date of the notification in the gazette. therefore, the award became final on .....

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Jan 10 1985 (HC)

Clan Line Steamers Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Jan-10-1985

Reported in : (1986)54CTR(Cal)165,[1985]156ITR631(Cal)

..... directed against an order dated octobers, 1976, issued by the income-tax officer, 'a' ward, companies district iii, calcutta, under section 35 of the indian income-tax act, 1922. 2. the principal contention raised in this application is that the income-tax officer had no jurisdiction to invoke section 35 of the indian income-tax act, 1922, in the facts and circumstances of the matter under ..... consideration and, as such, the order of the income-tax officer is wholly without jurisdiction. 3. in ..... was paid by the petitioner under section 44b of the old. act of 1922. 7. the income-tax officer thereafter passed an order dated january 29, 1964, under section 250 of the income-tax act, 1961, revising the assessment on the basis of the order of the appellate assistant commissioner of income-tax by reason whereof the amount refundable was determined at rs. 13 ..... order dated september 15, 1973, was passed by the income-tax officer under section 244 of the act of 1961. as a matter offact the notice being annexure 'n' to the writ petition was also issued under section 154/155 of the income-tax act, 1961, read with section 35 of the indian income-tax act, 1922. this pre-eminently shows that the departmental authority, .....

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Jan 14 1985 (HC)

Commissioner of Income-tax Vs. Jiyajeerao Cotton Mills Ltd.

Court : Kolkata

Decided on : Jan-14-1985

Reported in : [1985]154ITR323(Cal)

..... and gains and other sums ' shall be excluded from such total income'. now, only that item of income, profits and gains can beexcluded from such total income (taken to be the base by the income-tax officer) which was included in it what was included in the total income computed by the income-tax officer as per the income-tax act was rs. 7,59,686 and rs. 13,17,360 ..... any amount in excess of what was included in it. in this view of the matter, the income-tax officer's computation of chargeable profits for both the years seems correct. if the total income computed under the income-tax act is taken to be the total of incomes referred to in section 5 (i.e., without the consideration of deductions in chapter via), then the gross ..... , provides as follows : 'in computing the chargeable profits of a previous year, the total income computed for that year under the income-tax act shall be adjusted as follows:-- 1. income, profits and gains and other sums falling within the following clauses shall be excluded from such total income, namely ;...... (viii) income by way of dividends from an indian company or a company which has made the ..... of the gross dividend amount received, unaffected by the provisions of sections 57, 80k, 80l and 80m of the income-tax act, 1961?'2. the assessee is a public limited company. for the assessment years 1971-72 and 1972-73, the total gross dividend income of the assessee came to rs. 27,01,558 and rs. 32,93,399, respectively. in respect of the .....

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Jan 14 1985 (HC)

Commissioner of Income-tax Vs. Oyster Packagers (P.) Ltd.

Court : Kolkata

Decided on : Jan-14-1985

Reported in : (1986)53CTR(Cal)427,[1985]152ITR471(Cal)

..... in the circumstances of the case, the tribunal was justified in holding that the assessee was entitled to full relief under section 80j of the income-tax act, 1961, without restricting the period during which the industrial unit had worked ?'2. the facts leading to the said reference are as stated hereinafter ..... undertaking.5. the profits of new industrial undertakings, ships and hotels which fulfil the conditions prescribed by section 80j are entitled to exemption from income-tax to the extent of 6% per annum on the capital employed. the question is, if the undertaking has functioned for only a part of ..... amount of capital employed during the previous year). (2) the deduction specified in sub-section (1) shall be allowed in computing the total income in respect of the assessment year relevant to the previous year in which the industrial undertaking begins to manufacture or produce articles or to operate ..... as contrasted with a broken period.9. the madhya pradesh high court in the case of cit v. sanghi beverages (pvt.) ltd. : [1982]134itr623(mp) has observed that section 80j of the act nowhere provides for reduction of the amount of deduction on time basis, with reference to the working ..... of the industrial undertaking.10. the karnataka high court in the case of cit v. mysore petro-chemical ltd. : [1984]145itr416(kar) has .....

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Jan 18 1985 (HC)

Saroj Kumar Maheswari Vs. Hindusthan Motors Ltd. and anr.

Court : Kolkata

Decided on : Jan-18-1985

Reported in : [1985]154ITR363(Cal)

..... of income-tax computed on the basis of the rates in force for the financial year in which ..... to pay interest. the said direction is also contrary to the provisions of the i.t. act. under the circumstances mentioned in sections 243 and 244 of the i.t. act, 1961, the income-tax department is liable to pay interest on delayed refund. unless there is any liability to refund which has been delayed, the question of payment of interest would not arise ..... of the different items should not have deducted tax at source before making the payment of rs. 1,50,000 treating the entire amount as salary. section 192 of the i.t. act, 1961, provides that any person responsible for paying any income-tax chargeable under the head 'salaries' shall, at the time of payment, deduct income-tax on the amount payable at the average rate ..... at all. on the facts and in the circumstances as appearing from the records of the court of the first instance, the learned judge should not have directed the income-tax .....

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Jan 21 1985 (TRI)

Shankar Ghosh Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-21-1985

Reported in : (1985)13ITD440(Kol.)

..... that the assessment order for the year 1973-74 was originally made under section 143(3) of the income-tax act, 1961 ('the act'), but the same was set aside by the commissioner under section 264 of the act on 20-3-1980. the commissioner set aside the original assessment which held that the assessee was owning benami ..... the fact that the assessee advanced a loan and did not make an outright contribution has been accepted both in the income-tax and wealth-tax files of smt. uttara devi as well as the wealth-tax file of the assessee.10. we have considered the contentions of both the parties as well as the facts on ..... the one-third owner of the entire property and the commissioner (appeals) erred in reducing the interest of the assessee to one-third portion of the income attributable to the land alone. in this connection, he took us through the common grounds of appeal taken in the six departmental appeals. all these grounds ..... assessee became one-third owner of the entire property because of sections 61 and 63(b) of the act. he urged that the arrangement made by the assessee amounted to a transfer and so the income diverted by that transfer is assessable in the hands of the assessee by virtue of section 64 of ..... the act. in this connection, he relied on the decision in the case of s.p. jaiswal v.cit [1981] 130 itr 643 (punj. & har.). in .....

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Jan 23 1985 (TRI)

Mcdonnell (1948) (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Jan-23-1985

Reported in : (1985)14ITD6(Kol.)

..... that the order of the commissioner as passed under section 263 of the income-tax act, 1961 ('the act') is bad in law and not supported by facts or circumstances of the case and that the commissioner did not legally act in initiating the proceedings under section 263 on the basis of the objection raised ..... under section 263, whereas in the above decided case, the issue was under section 25(1) of the wealth-tax act, 1957 ('the 1957 act') which is corresponding to section 264 of the 1961 act. it is submitted, therefore, that the reliance made by the assessee on the above decision may not be taken ..... nature. that apart, he pointed out that there was allowance for running expenses of the motor car which was considered unjustified as the assessee had income from leasehold property. the commissioner noted that it was on these two grounds that action under section 263 was initiated.3. the assessee complied with ..... the commissioner to record 'information' or to indicate what was the source of information, before he acts under section 263.we may refer to the decision of the hon'ble supreme court in the case of cit v. electro house [1971] 82 itr 824. that apart, the provisions of section 263 are ..... into cognizance of. it is also stated that in that decided case, the application of the assessee for revision praying for relief to be given, was rejected by the commissioner of wealth-tax .....

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