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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: allahabad Year: 1975 Page 1 of about 72 results (0.083 seconds)

Dec 17 1975 (HC)

Dr. D.N. Munshi Vs. N.B. Singh

Court : Allahabad

Decided on : Dec-17-1975

Reported in : [1988]112ITR173(All)

..... order refusing to discharge the accused on his plea thatthe prosecution could not legally proceed.2. a complaint was filed by the income-tax officer for an offence under section 277 of the income-tax act (hereinafter to be referred to as 'the act'). the complaint made the allegation that for the assessment year 1963-64, the accused had filed a return in which he had ..... ; the case under section 147 of the act has been remanded to the assessing authority by the income-tax appellate tribunal and the penalty imposed on the basis of original assessment has been set aside. on the basis of these facts it has to be ..... notappropriate to let the commissioner prosecute the person who has satisfiedhim in respect of the conditions which permit the reduction or waiver ofthe penalty. the income-tax appellate tribunal when it allows anassessee's appeal really does not act on the basis of the law contemplatedunder sub-section (4a) of section 271, but does so on the basis of the existence of the ..... . the appellate assistant commissioner appears to have thought that the appeal had become infructuous because of the order of the income-tax appellate tribunal passed in appeal arising out of the supplementary assessment made by the income-tax officer under section 147 of the act.5. the effect of the various orders is that the appeal against the original assessment has been dismissed as infructuous .....

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Dec 11 1975 (HC)

Addl. Comm. of Income Tax, Lucknow Vs. Ms. Niranjan Lal Bhargava Trust ...

Court : Allahabad

Decided on : Dec-11-1975

Reported in : (1976)5CTR(All)0108A

..... the tribunal was justified in holding that the objects of the assessee trust are charitable within the meaning of section 2(15) and that its income is exempt to the extent provided under section 11 of the income-tax act, 1961 ?'2. one niranjan lal bhargava created a trust which is the assessee in this case. the trust deed was executed on 13th october ..... the order of the commissioner.5. in order to appreciate the controversy, it is necessary to extract section 4(3) of the income-tax act, 1922 as also sections 11 and 2(15) of the income-tax act, 1961. section 4(3)(i) runs as under :-section 4(3)(i) -'any income profits or gains falling within the following classes shall not be included in the total ..... assessment years beginning from 1962-63 to 1966-67. the commissioner of income-tax, however, issued a notice under section 263(1) of the new act, on the view that if the accumulated income of the trust was more than 20,000 - it was not entitled to exemption under section 11 of the income-tax act, 1961. the commissioner after hearing the assessee came to the conclusion ..... that the trust was not for charitable purpose as defined under section 2(15) of the new act, since the trust was carrying on the business of running a cinema which was an activity .....

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Dec 04 1975 (HC)

Vishambar Nath and anr. Vs. Deputy Director (Consolidation) and ors.

Court : Allahabad

Decided on : Dec-04-1975

Reported in : [1977]108ITR761(All)

..... that case the question of production of an assessment order by the assessee himself did not come up for consideration.' 5. it is thus clear that section 54 of the income-tax act has no relevance to the admissibility of a document produced by an assessee or by his repre-sentative-in-interest. such documents are admissible in evidence. since they are admissible ..... a writ petition under article 226 of the constitution.4. the petitioners claim to be the members of the joint hindu family in respect of which the return under the income-tax act was stated to have been filed. the documents which they wish to produce in the case are a certified copy of the statement of ram jag and a certified copy ..... to produce certain documents and record from assessment proceedings. the learned judge held that such a prayer could not be granted because section 54 of the indian income-tax act, 1922, was a direct bar to it. the case is distinguishable. in the present case such a situation does not arise. the petitioners have themselves obtained certified copies of the ..... as also a certified copy of the statement of ram jag, respondent no. 7, made in the course of certain income-tax proceedings. ram jag took an objection to the admissi-bility of these documents. he relied on section 54 of the indian income-tax act, 1922.3. the consolidation officer by his order dated 23rd may, 1967, upheld the objection and directed that the .....

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Nov 25 1975 (HC)

The Bazpur Co-operative Sugar Factory Ltd., Bazpur, District Nainital ...

Court : Allahabad

Decided on : Nov-25-1975

Reported in : (1976)5CTR(All)0158A

..... be improper. however, it was submitted on behalf of the assessee that in a subsequent order made on an application filed under section 254 of the income tax act, 1961 for rectification the tribunal has admitted the fact that it refused to admit that evidence. we do not think the subsequent opinion of the tribunal ..... that there was no record of day to day consumption. we are unable to give much weight to this evidence as it was not before the income tax officer or before the appellate assistant commissioner. looking to the past record and the fact that there was an increase in rates of various materials such ..... of stores and spares was filed for the relevant year. the appellate commissioner on a consideration of the material on record affirmed the findings of the income tax officer. the assessed than went up in appeal before the appellate tribunal. on the 1st day fixed for the hearing of the appeal the counsel for ..... a sum of rs. 80,000/- as excess consumption not liable to be included in the return for the purpose of assessment. before the income tax officer stores ledger and store record appear to have been filed but day to day consumption of stores closing balance of stores and spares were not made ..... available. the income tax officer disallowed the claim for rs. 80,000/- and added it to the return of the assessee. on appeal to the appellate commissioner, the .....

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Nov 14 1975 (HC)

Swadeshi Cotton Mills Co. Ltd. Vs. Income-tax Officer, a Ward

Court : Allahabad

Decided on : Nov-14-1975

Reported in : [1978]112ITR1038(All)

..... cotton textiles. for the assessment year 1973-74, the petitioner filed an estimate under section 212(1) of the income-tax act, 1961, in form no. 29 on 13th of september, 1972, disclosing an income of rs. 10,000. later on, the estimate was revised under section 212(2) on 12th march, 1973, ..... as the presentcase is concerned. 10. for the reasons stated above, the petition is allowed. the order of the income-tax officer, dated 5th march, 1974, passed under section 141a of the act is quashed. he is directed to pass a fresh order under section 141a in accordance with the law and the observations ..... to the higher authorities for guidance and thereafter on march 5, 1974, passed an order rejecting the assessee's claim for refund of advance tax. the income-tax officer held that the deductions claimed by the assessee in respect of the estimated liability of rs. 1,34,42,000 for payment of ..... was not admissible. he recorded a similar finding in respect of the claim for set-off of unabsorbed depreciation and development rebate. according to the income-tax officer, since the assessments for the year to which the unabsorbed depreciation and development rebate related had not been completed, therefore, the depreciation anddevelopment ..... and income of rs. 63,12,880 was disclosed. on this income an advance tax amounting to rs. 36,44,078 was paid. later, the petitioner filed a return under section 139(1) of the act for the assessment year 1973-74, on september 4, 1973 .....

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Nov 12 1975 (HC)

Shri Ram Saran Vs. C.i.T. Lucknow.

Court : Allahabad

Decided on : Nov-12-1975

Reported in : (1976)5CTR(All)0016A

..... ,000/-on an estimated sale of rs. 85,000/- as against the returned sale of rs. 79,856/- and assessed the income on a total figure of rs. 33,200/-. penalty notices under sections 274/271(1)(a) of the income-tax act, 1961 were also issued against the assessee for imposition of penalty. on appeal, the appellate assistant commissioner confirmed the addition of ..... rs. 15,000/- income from undisclosed sources, but reduced the estimate of sales from rs. 83,000/- to rs. 85,000/- and instead ..... conclusion that the assessee could not have saved more than 45,000/- from his earnings. in view of this findings the addition of rs. 15,000/- made by the income tax officer as income from undisclosed source was upheld.4. counsel contended that the tribunal was in error in taking the capital of the firm at rs. 60,858/- as shown in the ..... minus a sum of rs. 14,427/21 which appeared on the debit side of the capital account. it was as such contended that the capital calculations made by the income-tax officer were unsupportable, even if the figures in the assessees account books were taken as correct. the tribunal held that inasmuch as the assessee had not been maintaining proper accounts .....

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Nov 11 1975 (HC)

U.P. Hardware Store Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Nov-11-1975

Reported in : [1976]104ITR664(All)

..... this court:'(1) whether, on the facts and in the circumstances of the case, the payments made to suppliers for purchase of goods are 'expenditure' within the meaning of the income-tax act, 1961 ? (2) if the answer to the first question is in the affirmative, whether the tribunal was justified in maintaining the disallowance and/or addition of rs. 55,741 in ..... , said :'although the act nowhere in terms authorises the deduction of bad debts of a business, such a deduction is necessarily allowable. what are chargeable to ..... computing the taxable income of the assessee for the assessment year 1970-71 ?' 3. section 40a was added to the income-tax act by section 7 of the finance act of 1968, with effect from 1st april, 1968. we are concerned with the interpretation of sub-section (3) of ..... gains' properly so called and computed on ordinary commercial principles. in commissioner of income-tax v. s. m. chitnavis, [1932] 2 comp cas 464, 6 itc 453 , a bad debt was held to be an admissible deduction, though there was no specific allowance for bad debts in the indian income-tax act, 1922, as it then stood. lord russell, delivering the judgment of the board .....

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Nov 07 1975 (HC)

Commissioner of Income-tax Vs. Shri Shankar Prasad BankA.

Court : Allahabad

Decided on : Nov-07-1975

Reported in : (1976)5CTR(All)0039A

gulati, j. - this is an application under section 256(2) of the income-tax act, 1961 at the instance of the commissioner of income-tax.2. the learned counsel is permitted to correct the date of service.3. the assessee was a partner in a firm representing his h.u.f. besides his share in the profits of the firm, he received from the firm salary and interest on his own capital. he filed two returns one in his status of h.u.f. showing the share income and the other in his status of individual showing the income from salary and interest. the income-tax officer made a single assessment in the status of an individual clubbing the income in the two returns. the assessee made an application under section 154 requesting the income-tax officer to rectify the order so as to exclude the income from salary and interest from the assessment of the h.u.f. this application was rejected on the ground that it was beyond the scope of section 154. on appeal the appellate assistant commissioner of income-tax assessee in his individual capacity and had wrongly been included in the assessment of the h.u.f. and that such as order was within the ambit of section 154. this view has been affirmed by the tribunal on second appeal.4. we are of the opinion that the view taken by the tribunal is perfectly correct and does not give to any question of law upon which a reference may be called. the application is accordingly rejected.

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Nov 07 1975 (HC)

Commissioner of Income-tax, Kanpur Vs. M/S. Dhoomilal Jagannath, 49/62 ...

Court : Allahabad

Decided on : Nov-07-1975

Reported in : (1976)5CTR(All)38

gulati, j. - this is an application under section 256(2) of the income-tax act, 1961 at the instance of commissioner of income-tax, kanpur.2. the assessee had taken some over-draft from his bankers. he had tendered some fixed deposit as margin money. the income-tax department sought to treat the amount of fixed deposit as assessees income from undisclosed source. the tribunal has found that it had not been proved that the fixed deposit belonged to the assessee. in doing so, that tribunal has taken into consideration the statement of the manager of the bank and the conduct of the assessee and several other circumstances. the ultimate finding of the tribunal is that the assessee is not the owner of fixed deposit. this is a pure finding of fact and bases as it is on relevant material, cannot be questioned in a reference.3. the application is accordingly rejected.

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Nov 07 1975 (HC)

The Commissioner of Income-tax, Kanpur Vs. M/S. Standard Chemical Comp ...

Court : Allahabad

Decided on : Nov-07-1975

Reported in : (1976)5CTR(All)0037A

r. l. gulati, j. - in respect of the assessment year 1969-70 the assessee claimed development rebate-in respect of the machinery installed in the relevant previous year. the development rebate was allowed. subsequently the income-tax officer took proceedings u/s 154 of the act on the ground that the order passed by him allowing development rebate was erroneous as the assessee was not entitled to the deduction on account of the development rebate, because he had not created a reserve as required by section 34(3)(a) of the income-tax act the income-tax appellate tribunal has noticed that there are certain decisions which show that if the trading accounts result in a loss, a reserve need not be created and there are other decisions where it has been held that without a reserve, development rebate cannot be allowed. in the opinion of the tribunal it was a debatale question and could not be said to involve a mistake apparent on the face of the record which could be rectified u/s 154. in our opinion the view taken by the tribunal is correct. there is no question of law upon which a reference can be called.2. the application is rejected.

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