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 : 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 : 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 : 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!
Court : Supreme Court of India
Decided on : Apr-09-1980
Reported in : AIR1980SC758; (1980)16CTR(SC)192; 124ITR31(SC); (1980)3SCC482; 3SCR428; 1980(12)LC573(SC)
..... be entitled to the deductions claimed by it. in appeal before the appellate assistant commissioner, its case was that the property could not be ignored for the purposes of the income-tax act. the contention was accepted by appellate assistant commissioner, who held that the annual value of the property could not be ignored and further that the vacancy remission and other deductions ..... part of the question accordingly.the tribunal, therefore, will dispose of the case conformably to this judgment and the interpretation of the principles enunciated herein under section 260 of the income-tax act, 1961.7. at the outset a serious controversy arose before us on the point whether the high court was right in including a direction in its judgment that the appellate ..... was wrong in holding that there was no annual value of this property no. 3, gun foundary road and that it was outside the scope of section 22 of the income-tax act, 1961. we hold and we are of the opinion that this property has an annual value in the facts and circumstances of the case and it should be taken into ..... the view that the property was not in a habitable condition and did not admit of letting and therefore no question arose of applying the provisions of the income tax act relating to the computation of income from property. accordingly, he held that the annual value as well as the vacancy claim had to be ignored. the assessee appealed to the appellate assistant commissioner .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-15-1980
Reported in : AIR1980SC1146; (1980)16CTR(SC)189; 123ITR457(SC); 1980Supp(1)SCC13; 3SCR618
..... fact reached by the high court, without expressing any opinion on their correctness, leaving it to the appellate tribunal in exercise of its duty under section 260(1) of the income tax act to take up the appeal and to redetermine it conformably to this judgment and in the light of the principle laid down in it.12. the appeal is disposed of ..... yield and low selling rates mentioned in the books. he observed that the assessee had concealed the particulars of his income and furnished inaccurate of it, and therefore imposed a penalty of rs. 75,000 under section 271(1)(c) of the income tax act, 1961. on appeal by the assessee, the appellate tribunal held that there was no positive material to establish that ..... tribunal was right in considering that an amount of rs. 90,000 was available to cover the cash deficits.6. section 271(1)(c) of the income tax act, 1961 provides:-271(1). if the income tax officer or the appellate assistant commissioner in the course of any proceedings under this act is satisfied that any person- (a) * * * * (b) * * * *(c) has concealed the particulars of his ..... the cash deposits represented concealed income. in regard to the cash deficits, the appellate tribunal noticed that for the assessment year 1957-58 an .....Tag this Judgment!
Court : Delhi
Decided on : Sep-22-1980
Reported in : 128ITR388(Delhi)
..... exposition of the words of the section. it were not, one would expect that the legislature would have amended section 31 and specified the other intention in express words. the income-tax act was amended several times in the last 37 years, but no amendment of section 31(3) was undertaken to nullify the rulings, to which we have referred. in view ..... . the income-tax officer not having raised the alternative contention before the appellate assistant commissioner, it must be assumed that, according to the department, the profits in the sale of the land ..... assistant commissioners. on the date of the hearing of the said appeals, the order of the appellate tribunal in respect of the earlier years had already been received. the income-tax officer should have, thereforee, expected the appellate assistant commissioner to follow the order of the appellate tribunal and ought to have urged before him the consideration of the alternative contention ..... not to arise from business was sought to be taxed in some other way as being income from business, profession or vocation. however, the income is admittedly not chargeable to income-tax, but if it is though that some other amount is chargeable to income-tax as capital gains under s. 12b of the indian i.t. act, 1922, then a completely different types of point .....Tag this Judgment!