Court : Supreme Court of India
Decided on : Sep-16-1980
Reported in : AIR1980SC2117; (1980)19CTR(SC)360; 125ITR713(SC); 1980Supp(1)SCC660; 1SCR720; 1980(12)LC952(SC)
..... income of the assessee. the income tax officer observed in the order that the punjab national bank limited had stated that one telegraphic transfer of rs ..... as to who on behalf of the assessee purported to have sent the telegraphic transfer from madras. the income tax officer did not give any further information to the assessee and proceeded to make an order of reassessment under section 34 of the indian income tax act, 1922 bringing to tax the amount of rs. 1,07,350 on the ground that it represented the concealed ..... , that the amount was remitted by the assessee. unfortunately, the revenue authorities did not produce copies of the letters dated 14th january 1955 and 10th february 1955 addressed by the income tax officer to the manager of the bank. copies of these letters, if produced, would perhaps have shown that the suggestion that the amount of rs. 1,07,350 was remitted ..... it might be said that even without calling the manager of the bank in evidence to prove this letter, it could be taken into account as evidence. but before the income tax authorities could rely upon it, they were bound to produce it before the assessee so that the assessee could controvert the statements contained in it by asking for an opportunity .....Tag this Judgment!
Court : Delhi
Decided on : Sep-19-1980
Reported in : 137ITR408(Delhi)
..... continued business offices in pakistan would have become its head office for the purpose in pakistan after august 15, 1947, then the office or one of the of the indian income-tax act, 1922, as applied to pakistan, and in that case the assessed could have been assessed in pakistan. that is neither the factual case before us nor has it been disclosed ..... . of the dominion of pakistan which was noticed on december 10, 1947, and became legally effective under s. 49aa of the indian i.t. act, 1922. it was provided there that the agreement would apply to income-tax assessments made on or after august 15, 1947, in respect of the assessment year 1947-48 and those made after april 1, 1948, for later ..... learned counsel for the appellant that in fact that firm had no grievance, but he submitted that the individual partners could act collectively by instituting the present writ petition and appeal. this does not appear to be correct. under the income-tax law, a registered firm is a separate assessed and the individual partners are separate assesseds distinguishable from the firm. there was ..... was that he was making the assessment long after the two dominions of pakistan and india had been formed. in order to see how this income was to be taxed, we have to apply the indian i.t. act, 1922, applicable to the taxable territories. at that time, taxable territories included the portion of british india which was later separated to form the .....Tag this Judgment!
Court : Delhi
Decided on : Apr-03-1980
Reported in : (1980)17CTR(Del)143; ILR1980Delhi1003
..... these decisions and held that the amount of donation to the chief minister's drought relief fund was an allowable deduction under section 37 of the income-tax act, 1961. the particular facts being, that though the donation was voluntary, the permit for foodgrains was directly related to the amount of donation paid ..... the payments of rs. 5,67,000. rs. 5,000 and rs. 5,000 are permissible deductions under section 10(2)(xv)of the indian income-tax act, 1922 for the assessment years 1958-59, 1960-61 and 1961-62?'(2) the assessed-company runs a manufacturing unit. during the assessment, year ..... 1961-62. (3) the asscssee claimed these amounts as permissible deductions under section 10(2) (xv) of the indian income-tax act. 1922. the asscssee contended before the income-tax officer that the donation to the indian national congress was incurred wholly and exclusively for the purpose of its business. the ..... . ltd.'s case (supra). (13) in a more recent decision of the madras high court in southern and rajamani transports (p) ltd. v. commissioner of income-tax madras-11, : 107itr470(mad) , that court has considered the various decisions of the different high courts. it has followed, inter alia, the above-mentioned ..... the court agreed with a decision of the allahabad high court in j.k. cotton spg. & wvg. mills co. ltd. v. commissioner of income- tax u.p. : 62itr813(all) where a similar contribution made to the congress parliamentary board had been disallowed on the ground of absence of direct .....Tag this Judgment!
Court : Delhi
Decided on : Apr-25-1980
Reported in : (1980)18CTR(Del)300; ILR1980Delhi997; 126ITR196(Delhi)
..... cylinders as and when effected should be allowed as a deduction.(3) the assessed preferred a further appeal to the income-tax appellate tribunal. the appellate tribunal was of the view that the gas cylinders constituted 'plant' within the meaning of the income-tax act, 1961. in arriving at this conclusion they relied upon the definition of 'plant' contained in section 43(3) ..... decisions on the subject because the supreme court of india has considered the meaning of the word, after referring to the definition suggested by lindley l. j., in commissioner of income tax v. taj mahal hotel : 82itr44(sc) . in that case the supreme court was concerned with the question whether sanitary and pipeline fittings installed in a hotel could ..... as including ships, vehicles, books, scientific apparatus and surgical equipment. the tribunal also referred to the decision of the house of lords in hinton (inspector of taxes) v. madan and ireland ltd. 1960 39 ..... appellate assistant commissioner. the appellate assistant commissioner observed that gas cylinders did not find a mention in any of the heads in the schedule proscribed under rule 5 of the income-tax rules. apart from that, he observed these cylinders did not form part of plant and machinery but were merely containers or packages returnable by the customers. they did .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-25-1980
Reported in : (1981)21CTR(Guj)20
..... the facts and in the circumstances of the case, under rule 19(5) of the income-tax rules, 1962, half of the profits had to be added for the computation of capital for determining relief under section 84 of the income-tax act, 1961 ?' 2. we are concerned in this case with the assessment year 1967-68 ..... which the company was carrying on till then. 16. in a recent decision delivered by the division bench of this high court, namely, in cit v. mcgaw ravindra laboratories, income-tax reference no. 125 of 1975 decided on july 16, 1980 : 132itr401(guj) , one of the question was in connection with the ..... be that in ascertaining the average amount of capital, as provided in the fiction, numerous factors have to be considered. but it appears that the income-tax authorities have, by way of rough and ready method, adopted the addition of half the amount of the profit on the basis of this fiction ..... purpose of relief under s. 84 of the i.t. act, 1961, as it then stood. the assessee was entitled to claim under that section that no income-tax should be paid in respect of a newly established undertaking in respect of income to the extent of six per cent. of the capital employed ..... 84 of the act (now section 80j) provided for tax holiday for new industrial undertakings or hotels and exempted the income thereof to the extent of six per cent. of the capital employed in the business of the new industrial undertakings or hotels, computed in the manner prescribed by rule 19 of the income-tax rules, 1962. .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-18-1980
Reported in : (1981)22CTR(Bom)41; 128ITR87(Bom); 4TAXMAN381(Bom)
..... some measure of the cultivation of the land, some expenditure of skill and labour upon it, cannot be said to be used for agricultural purposes within the meaning of the income-tax act. in cit v. raja benoy kumar sahal roy : 32itr466(sc) , the supreme court considered the meaning of the 'agricultural purposes'. it held that those operation which the agricultural ..... 26itr758(sc) , it is not open to the respondents to argue that capital gains are capital receipt and not a revenue receipt. the reference to the commentary on the income tax act by kanga and palkhivala is equally fallacious. that commentary is on the topic : 'annuities and annual instalments of capital'. the reference to halsbury's laws of england is equally a ..... the said entry 54 in the light of any supposed english legislative practice. the supreme court also pointed out that in the english income tax act of 1945, capital gains had been included as taxable income. the supreme court further pointed out that in construing an entry in a legislative list the widest possible construction according to their ordinary meaning must be ..... was a capital receipt or a revenue receipt and, therefore, exempt from the levy of agricultural income-tax did not arise because the provincial agricultural income-tax acts were passed subsequently, and the others on the ground that the payment of salami was held to be agricultural income because the moneys were paid after the relationship of landlord and tenant had come into existence. .....Tag this Judgment!
Court : Allahabad
Decided on : Jul-07-1980
Reported in : 131ITR27(All)
..... be derived from such land by agriculture or by one or the other of the operations described in clauses (ii) and (iii) of section 2(1)(b) of the indian income-tax act......we have, therefore, to consider when it can be said that the land is used for agricultural purposes or agricultural operations are performed on it. agriculture is the basic idea ..... amount of rs. 67,337 received by the assessee was exempt as agricultural income under section 2(1) of the income-tax act, 1961 ?'6. section 4 of the i.t. act brings to tax the income of an assessee. section 10 provides for exclusion of certain income from the chargeable income. one such is agricultural income. agricultural income has been defined in section 2(1). the relevant clauses of this ..... our opinion ;'whether, on the facts and in the circumstances of the case, the amount of rs. 67,337 received by the assessee as agricultural income is exempt in his hands under section 2(1) of the income-tax act, 1961 ?'2. the reference relates to the assessment year 1971-72, the relevant year being the financial year 1970-71. in this year, the ..... of section 4, sub-section (3)(viii), is hardly statable. the policy of the act as gathered from the various sub-clauses of section 2(1) appears to be to exempt agricultural income from the purview of the income-tax act. the object appears to be not to subject to tax either the actual tiller of the soil or any other person getting land cultivated by .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Jan-15-1980
Reported in : (1980)16CTR(MP)383; 127ITR431(MP); 1980MPLJ514
..... the facts and in the circumstances of the case, the land sold by the assessee was agricultural land, the surplus on the sale of which was not chargeable to tax under the income-tax act, 1961 ? (2) whether, on the facts and in the circumstances of the case, the surplus of rs. 4,447,rs. 10,607, rs. 18,944 and rs. 6,851 ..... para. 12 of its order and is as follows :'the character of this land is clearly that of an agricultural land and hence any income from sale of a portion of this land cannot be taxed under the indian income-tax act. it is merely a return of the capital investment. this is the clear view which comes out from the facts of the case ..... land was subject to payment of land revenue, that it was agricultural in nature and the profit arising from sale of part of the land was exempt from income-tax under the i.t. act. the same stand was taken in a subsequent letter.9. the ito held that the purchase of land was with the intention of selling it later with profit ..... of law which we have set out above.12. in holding that the income as returned by the assessee was not chargeable to income-tax, the tribunal has laid great stress on the fact that the land was agricultural land and its sale was not chargeable to tax under the i.t. act, 1961 'irrespective of the fact whether the transactions made were or not .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-23-1980
Reported in : AIR1980SC2114; (1980)19CTR(SC)196; 125ITR624(SC); (1981)1SCC241; 1SCR781
..... be deemed to have failed or omitted to disclose fully and truly all material facts necessary for his assessment within the meaning of section 34(1)(a) of the indian income tax act, 1922. with the greatest respect to the learned judges who decided this case, we do not think, for reasons already discussed, that this decision lays down the correct law on ..... of m/s. malabar tile works and m/s. malabar plywood works though they were clearly includible in computing the total income of the assessee under section 64 sub-section (1) clauses (i) and (iii) of the income tax act, 1961. the income tax officer while making the assessment included the amounts representing the shares of the assessee's husband and minor daughter in the profits ..... of these two firms in the assessment of the assessee and taxed the assessee on a total income of rs. 59,506 after including these amounts. since the ..... his hands as part of his total income. the charge of income tax is levied by section 4 on the total income of the assessee, and 'total income' is defined in section 2 sub-section (45) to mean 'the total amount of income referred to in section 5 computed in the manner laid down' in the act. it is no doubt true that the definition of 'total .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-15-1980
Reported in : AIR1980SC656; (1980)15CTR(SC)157; 122ITR55(SC); (1980)2SCC191; 1980(Supp)SCC191; 2SCR765; 1980(12)LC332(SC)
..... . 272 (by a bench of this court of which one of us was a member). in that case, the court considered the provisions of section 153(3)(ii) of the income-tax act and laid down that the word 'direction' in that subsection refers to a direction necessary for the disposal of the case and which the court has power to make while ..... any power to make the order directing a fresh assessment. the principal relief sought in the writ petition was the quashing of the notice under section 142(1) of the income-tax act, and inasmuch as the assessment order dated march 31, 1977 was made during the pendency of the proceeding consequent upon a purported non-compliance with that notice, it became necessary ..... time before the high court passed the impugned order.6. the assessment year under consideration is the year 1972-73. by virtue of section 153(1)(a)(ii) of the income-tax act, ho assessment order in respect of that assessment year could be made after two years from the end of that assessment year. the end of the assessment year is march ..... office at london. it carries on banking business in india, and is assessed under the income-tax act, 1961.3. the appellant filed a return of its income for the assessment year 1972-73. during the assessment proceeding, the income-tax officer issued a notice under section 142(1) of the income-tax act requiring the appellant to produce certain account books and documents. the appellant applied against the .....Tag this Judgment!