Court : Supreme Court of India
Decided on : Jul-08-1985
Reported in : AIR1985SC1600; 155ITR152(SC); 1985(2)SCALE1; 1985Supp(1)SCC403; 2SCR20; Supp2SCR20; 1986(1)LC354(SC)
..... the judgment of the high court of andhra pradesh disposing of a reference made under sub-section (1) of section 256 of the indian income tax act, 1961 for its opinion on the following question of law.whether on the facts and in the circumstances of the case the bad debt of ..... claimed as a bad debt under clause (vii) of sub-section (1) of section 36 of the income tax act, 1961.6. clause (vii) of sub-section (1) of section 36 of the income tax act, 1961 provides:36.(1). the deductions provided for in the following clauses shall be allowed in respect of the ..... appeal the appellate assistant commissioner upheld the claim.4. the income-tax department appealed to the income-tax appellate tribunal against the order of the appellate assistant commissioner and urged that clause (i) of sub-section (2) of section 36 of the income tax act, 1961 did not permit such an allowance because it did ..... matters dealt with therein, in computing the income referred to in section 28 .(vii) subject to the provisions of sub-section ..... not proved that the debtor was so financially embarrassed that he was unable to pay the debt. on appeal, the appellate assistant commissioner of income tax held that the business transferred from the predecessor firm to the assessee continued uninterrupted, and the change of ownership was no bar to the bad .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-20-1985
Reported in : AIR1986SC358; (1985)49CTR(SC)223; 156ITR430(SC); 1985(2)SCALE1246; (1985)4SCC664; Supp2SCR879; 1986(1)LC691(SC)
..... or succession. in that case the assessee was carrying on in partnership a business the profits of which had been charged to income-tax in their hands under the indian income-tax act, 1918. then it transferred the business as a going concern to a private limited company on 1st march, 1940. the firm ..... prasad jagan prasad, agra. it had a branch styled as m/s. jagan prasad shiv prasad of achnera. the assessee was assessed under the indian income-tax act, 1918.4. in the assessment year in question, the assessee contended that there was partial partition of the family on 11th october, 1948 and various ..... was 'whether on the facts of the case, the assessee family is entitled in respect of its benaras business, to exemption from tax under section 25(4) of the income-tax act for the period from 19th october, 1942 to 7th october, 1943' bhargava, j. observed in his judgment that for the purposes ..... -section (1) with the case of a business which was discontinued and which had not been subjected to double taxation having paid tax under the provisions of the indian income-tax act, 1918, and that the provisions of sub-section (1) was that if a business was discontinued in the middle of a ..... arises from a judgment and order of the high court of allahabad in respect of a reference under section 66(1) of the income-tax act, 1922 (hereinafter referred to as the 'act'). the appeal relates to the assessment year 1949-50, the relevant previous year being the year commencing 24th october, 1947 and .....Tag this Judgment!
Court : Delhi
Decided on : Apr-29-1985
Reported in : (1985)49CTR(Del)115; 158ITR174(Delhi)
..... the only two questions which have been referred to us are pure questions of law. 7. the first is whether the income-tax officer validly assumed jurisdiction in initiating proceedings for reopening the assessment under section 147 of the income-tax act, 1961. learned counsel for the assessed explained that the objection on behalf of the assessed was that the assessments could have been ..... sohan singh : '1. whether, on the facts and in the circumstances of the case, the tribunal erred in holding that the income-tax officer validly assumed jurisdiction in initiating proceedings for reopening the assessment, under section 147 of the income-tax act, 1961 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that a registered ..... of which are not relevant for our present purposes. these assessments have since been reopened under section 147(a) of the income-tax act, 1961, and reassessments have been made by including in the total income of the above assessed, the income ostensibly earned by a firm known as preetpal singh and company. it is the correctness of these reassessments that is being challenged ..... claimed. however, he also proceeded to frame a protective assessment on the firm in respect of the income shown by it and in the light of this, he also passed an order granting registration to the firm under section 185 of the income-tax act, 1961. similar assessments of a protective nature on the firm as a registered firm were apparently made .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-1985
Reported in : (1986)52CTR(Del)217; 160ITR774(Delhi)
..... tribunal is right in holding that it is for the department to establish that delay in filing the return was without reasonable cause under section 271(1)(a) of the income-tax act, 1961? 2. whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the return could not be filed without the audit having ..... confirmations were received from the government departments and the accounts too had been audited. the penalty imposed was, thereforee, set aside. 4. the commissioner of income-tax then moved a petition under section 256(1) of the income-tax act, 1961, for reference of a number of questions, said to be of law, to the high court. the same, however, was rejected by the tribunal ..... of july 31, 1973 (30-6-73). a penalty for this delay was levied under section 271(1)(a) of the income-tax act, 1961, but the same was quashed by the income-tax appellate tribunal. for the present assessment year 1974-75, the income-tax officer again commenced penalty proceedings for the delay in filing the return under section 271(1)(a) and issued a show ..... subject, and any further reference of the same point would be wasting the judicial time of the court.5. feeling aggrieved, the commissioner of income-tax has now moved the present petition under section 256(2) of the income-tax act, 1961, in which reference has been sought of the following questions : '1. whether, on the facts and in the circumstances of the case, the .....Tag this Judgment!
Court : Delhi
Decided on : May-22-1985
Reported in : 157ITR492(Delhi)
..... . the tribunal affirmed this view in appeal by the department. the view of the tribunal was based on an elaborate examination of the scheme of the rules framed under the income-tax act relating to exemptions to be granted under section 80k. it was held that once the deduction had been allowed under section 80k, it could not be amended. it was further ..... of dividends, paid or deemed to be paid by the company in respect of the said preceding previous years, on which tax was not payable under section 85 of the act or under sub-section (4) of section 15c of the indian income-tax act, 1922 (xi of 1922), or, as the case may be, in respect of which a deduction is allowable under section ..... the company of the relevant previous year and of the previous years preceding the relevant previous year, on which no tax was payable by it under section 84 of the act or under sub-section (1) of section 15c of the indian income-tax act, 1922 (xi of 1922), or, as the case may be, in respect of which a deduction is allowable under section ..... . the common point in these references is concerned with the manner in which a deduction has to be made under section 80k of the income-tax act, 1961. the question is differently framed in the case of m/s. c. p. modi & sons and m/s. o. p. modi & sons from that in seth vinay kumar modi' .....Tag this Judgment!
Court : Delhi
Decided on : May-23-1985
Reported in : (1985)49CTR(Del)107; 157ITR639(Delhi)
..... was exempt under section 4(3) of the indian income-tax act, 1922, and the remaining one-eighth belonged to the private beneficiaries.4. when the new income-tax act, 1961, came into application, the income-tax officer took the view that neither the qaumi income nor the reserve fund was entitled to exemption from tax under section 11(1) of the income-tax act, 1961. an appeal was taken to the appellate ..... to be a charitable trust for a number of years under the indian income-tax act, 1922. there is a full bench judgment of this court under the 1922 act pointing out that the income-tax officer had granted exemption under section 4(3) (i) of the indian income-tax act 1922, in respect of the income set apart for being spent for charities. there, it is pointed out that ..... d.k. kapur, j.1. these are six references (nos. 40 to 45 of 1976) before this court made under section 256(1) of the income-tax act, 1961, which have been referred by a common statement of case. the assessment years involved are 1962-63, 1963-64 and 1964-65. the following two questions have been referred ..... the khandani income was assessed in the personal hands of hakim abdul hamid. the following .....Tag this Judgment!
Court : Delhi
Decided on : Jan-29-1985
Reported in : 158ITR64(Delhi)
..... and 1969-70, to the indian national congress and the swatantra party, were allowable deductions under the income-tax act, 1961 (2) whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal had erred in holding that the two units of the assessed company, viz., m/s. ..... years 1968-69 and 1969-70 (3) whether the income-tax appellate tribunal had erred in holding that rule 19a of the income-tax rules, 1962, did not, in any manner, take away the benefit ..... section 256(1) of the income-tax act, 1961, referring the following questions to this court. they are raised by the assessed, d.c.m. company limited, and the commissioner of income-tax, delhi, and arise out of the consolidated order dated november 28, 1974, passed by the income-tax appellate tribunal, delhi bench. ..... dcm ginning factory, malout, and the dcm ginning factory, hissar, were entitled to the benefits of deduction under section 80j of the income-tax act, 1961, for the assessment ..... an expenditure of rs. 42,118 for attending meetings of the international chamber of commerce of which dr. bharat ram was the president. the income-tax officer disallowed a sum of rs. 22,118 out of the said amount. the appellate assistant commissioner upheld it. the tribunal reversed the said .....Tag this Judgment!
Court : Delhi
Decided on : Mar-10-1985
Reported in : (1986)50CTR(Del)57; 159ITR528(Delhi)
..... the facts and in the circumstances of the case, the tribunal was right in holding that no appeal lies against an order under section 184(7) of the income-tax act, 1961 ?' 2. it may be mentioned that the facts given in the statement of the case are far from clear, but we think the referred question ..... either because it was furnished within the period prescribed by section 139(1) or (2) as fixed by the act, or by the notice of the income-tax officer or, within the time granted by the income-tax officer under section 139. the record before us does not show when this period expired. it also does not ..... . if the declaration is within the time prescribed by the proviso, then the declaration is to be continued. even if it is filed late, the income-tax officer has jurisdiction to extend the time. a refusal to extend the time amounts to a cancellation of the registration. the cancellation of the registration or ..... lies under section 246(j) because in effect the order is under section 185(3) of the act as amended. 10. it is necessary to refer here to section 185(3) as it stands : '(3) where the income-tax officer considers that the declaration furnished by a firm in pursuance of sub-section (7) of ..... under section 5 of the limitation act or any other provision that may be applicable. if no such application for extension is filed, then the court may reject the appeal. 15. there is a similarity, we think, in regard to the procedure to be followed by the income-tax officer under section 184(7). if .....Tag this Judgment!
Court : Delhi
Decided on : Aug-26-1985
Reported in : 165ITR119(Delhi)
..... department filed a complaint in march, 1976, for prosecution of the petitioner and her husband under the provisions of sections 277 and 278 of the income-tax act. the complaint remained pending without much action and in the meantime in 1978, the husband of the petitioner died, with the result that the ..... in the present case, thereforee, the learned sessions judge had no power to recall or review his own order and the only remedy of the income-tax department was to have filed a revision petition against the order dated may 18, 1984, of the learned sessions judge. 7. shri satpal, ..... of evidence, the magistrate discharged the petitioner. 3. on april 16, 1984, the income-tax department filed a revision petition against the order of a discharge passed by the magistrate. the next date fixed was may 18, 1984, on which ..... petitioner alone became the accused. the income-tax department did not produce any document or evidence till september 7, 1983. the said department produced some documents on september 8, 1983. after recording ..... by the learned additional sessions judge. 15. but the aforesaid authority was not on the code. it was in respect of the industrial disputes act. thereforee, the authorities of the supreme court which are on the provisions of the code itself and which prohibit review are to be followed. further .....Tag this Judgment!
Court : Kerala
Decided on : Nov-07-1985
Reported in : (1986)50CTR(Ker)48; 164ITR174(Ker)
..... the roads in question were buildings. in doing so, the tribunal followed the decision of the bombay high court in cit v. colour-chem ltd. : 106itr323(bom) .2. section 32 of the income-tax act, 1961, in so far as it is material, reads :'32. depreciation.--(1) in respect of depreciation of buildings....... ..... as buildings or part of the buildings and allowing depreciation for the same ?'the assessee contended before the income-tax officer that it was entitled to claim depreciation in terms of section 32 of the income-tax act, 1961, in respect of the roads owned and used by it for the purposes of its business. ..... 65itr377(sc) , the supreme court stated that the word 'building' in clause (vi) of section 10(2) of the indian income-tax act, 1922 (section 32 of the present act), means a structure and does not include the site. the reason is that there cannot be any destruction of the site unlike in the case ..... this contention was rejected by the income-tax officer stating that the roads were not buildings, but at best an improvement on ..... when owned and used by the assessee for the purposes of business, attract depreciation at the rates specified in part i of appendix i to the income-tax rules, 1962.6. the character of the road in the context of a claim for depreciation has to be determined in each case on the .....Tag this Judgment!