Court : Punjab and Haryana
Decided on : Nov-16-1988
Reported in : 180ITR206(P& H)
..... wife in the firm in which he was a partner in his representative capacity as karta of his hindu undivided family, under section 64(1)(ii) of the income-tax act, 1961 (for short 'the act'). it was pointed out on behalf of the revenue that a special leave petition has been granted against the decision in anand sarup's case  121 itr ..... partner in his representative capacity as karta of his hindu undivided family could not be included in his total income under section 64(1)(ii) of the income-tax act, 1961 ?' 3. precisely this very point came up for consideration before this court earlier in cit v. anand sarup  121 itr 873, and the question was answered in favour of the assessee and against ..... court. question no. 2 referred at the instance of the revenue and the sole question referred at the instance of the assessee are covered by our decision in income-tax reference no. 149 of 1980 (cit v. ravinder kumar ), rendered today. for the reasons recorded therein, both these questions are answered in favour of the revenue and against the assessee. 2. now, we .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Sep-26-1988
Reported in : 178ITR257(P& H)
..... appellate tribunal was right in law in holding that the commissioner of income-tax (appeals) could, under section 250(4) of the income-tax act, 1961, admit evidence of the death of smt. darshana devi without giving any opportunity to the income-tax officer to rebut the same as required under rule 46a of the income-tax rules, 1962 ? (ii) whether, on the facts and in the circumstances of ..... the case, the appellate tribunal was right in law in holding that the income-tax officer was given reasonable ..... . darshana devi ? (iii) whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that the finding of the commissioner of income-tax (appeals) regarding genuineness of the firm was not questioned before the appellate tribunal ? (iv) whether, on the facts and in the circumstances of the case, the appellate tribunal was right .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-03-1988
Reported in : 177ITR350(P& H)
..... of godowns by warehousing corporations or such like statutory authorities and they were distinguished. 4. it is no longer in controversy that the benefit under section 10(29) of the income-tax act can be taken only by the statutory authorities constituted under any law for the time being in force for marketing of commodities like warehousing corporations and for this purpose, reference ..... of the case, the tribunal is right in law in holding that the assessee is not entitled to claim deduction of rs. 6,427 under section 10(29) of the income-tax act, 1961 ?' 2. it arises out of the following facts : the krishna cotton and general mills p. ltd., jagraon, the assessee, is a private limited company incorporated under the companies ..... the revenue. we have gone through the aforesaid decisions and fully agree that a company incorporated under the companies act is not an authority constitued under any law and cannot take the benefit of concession granted under section 10(29) of the income-tax act, 1961. following the aforesaid view of the calcutta high court, the question is answered in the affirmative, i.e ..... act, 1956. the assessee received rental income in respect of a godown let out to the food corporation of india and claimed exemption under section 10(29) of the income-tax act, 1961, which is as follows : '10(29) in the case of an authority constituted under any .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Nov-22-1988
Reported in : 176ITR276(P& H)
..... of the head office, the firm name of the branch office was mentioned for the purpose of registration. he gave an opportunity under section 185(2) of the income-tax act, 1961 (hereinafter called 'the act'), to the assessee to rectify the defects and when the assessee failed to remove the defects within a period of one month, the registration to the partnership was ..... change in the constitution of a firm by the mere fact that the name of the firm has been changed and the income-tax officer cannot refuse to renew the registration of a firm under section 184(7) of the income-tax act, 1961, on the ground that the name of the firm has been changed.'9. in the present case, the facts are on ..... to entertain the application as a valid one and to process it for registration as laid down in section 185(1) of the act.3. at the instance of the revenue, the income-tax appellate tribunal, amritsar, has referred the following two questions for the opinion of this court :'(1) whether, on the facts and in the circumstances of the case, the appellate ..... , the application was rightly made in form no. 11 and the decision of the income-tax officer that the application should have been made in form no. 11a is clearly illegal.7. the other objection of the income-tax officer was also not well-founded. section 2(23) of the act defines 'firm', 'partner' and 'partnership' as having the meanings respectively assigned to them in .....Tag this Judgment!
Court : Supreme Court of India
Decided on : May-02-1988
Reported in : AIR1988SC1384a; (1988)70CTR(SC)88; 172ITR250(SC); JT1988(2)SC495; (1988)3SCC588; 3SCR788
..... , 1961 (hereinafter called 'the act'). according to the petitioner, he had derived his income from 2 stores, i.e. m/s. mohanani fancy general stores and m/s. roopkala general stores, durg. it, however, appears that on 19th january, 1974 on the basis of ..... , central excise, jagpur, dated 25th december, 1975 there was confiscation of foreign watches from the house of the petitioner and levy of penalty of rs. 2 lakhs under the customs act, 1962. accordingly, the income tax officer issued a notice calling upon the assessee to show cause why the value of the watches seized from his residence should not be treated as his ..... and acquitted the petitioner of the said criminal charge.5. thereafter, there was a reference to the high court on two questions against the order of the income-tax tribunal under section 256(1) of the act. the questions are as follows: (i) whether, on the facts and in the circumstances of the case, was the tribunal justified in holding that the assessee ..... concealed income in the income-tax assessment of the petitioner. the relevant assessment year with which we are concerned in this application is 1974-75.2. it appears that the petitioner had submitted his return of income for the assessment year 1974-75 showing a total income of rs. 3,113 in response to a notice issued under section 143(2) of the act of the income-tax act .....Tag this Judgment!
Court : Delhi
Decided on : Dec-05-1988
Reported in : (1989)77CTR(Del)101; ILR1988Delhi522b; 177ITR24(Delhi)
..... points raised by you are as follows: (1) both clause (xxi) of sub-section (3) of section 4 of the indian income-tax act, 1923 and section 10(26) of the income-tax act, 1961, require that a member of a scheduled tribe, to be entitled to the exemption available under these clauses. should be residing ..... n. l.untwalia followed the decision in n .takin roy rymbai : 103itr82(sc) holding that clause (a) of section 10(26) of the income-tax act is not discriminatory and does not offend article 14 of the constitution of india. 20. it is in the light of these decision that the submission of mr ..... the specified tribal area, mere temporary residence outside the tribal area will not disentitled the person concerned from the exemption under section 10(26) of the income-tax act, 1961, the effect of the supreme court decision in the case of lawrence singh ingty  68 itr 272, is that for the purpose ..... the place should be located in the tribal area in order that the employee may be eligible for exemption under section 10(26) of the income-tax act 1961, if the government servant has his office or place of work in an excluded areas but resides in a tribal area, that will not ..... the petitioners, who are members of 'scheduled tribes', are entitled to the benefits of exemption under section 10(26)(a) of the income-tax act (hereinafter referred to as 'the act of 1961'), even when they are working outside the specified scheduled areas 2. the petitioners are admittedly government servants and members of .....Tag this Judgment!
Court : Delhi
Decided on : Aug-19-1988
Reported in : (1988)73CTR(Del)150; 36(1988)DLT211; 1989(16)DRJ197; 1988RLR664
..... special circle challenges the acquittal of mohd. yousuf, respondent herein by the metropolitan magistrate under section 277 of the income-tax act 1961 (hereinafter called the act) and for offences under s. 193 and s. 196 of the indian penal code. the impugned judgment is dated the 30th august, ..... completely supported the plea of the accused that there had been a settlement between the parties and in accordance with that settlement, he had paid income-tax on the enhanced income and the penalty. that letter reads as follows: 'as a result-of settlement with you, your assessment for the assessment year 1965-66 ..... 2-1981.'(8) the plea raised before us on behalf of the appellant is that till such time the commissioner of income-tax compounds the offence under section 279(2) of the act, a settlement arrived at is to not be considered as valid and, thereforee, not binding. section 279(2) of the ..... are unable to agree with mr. satpal. the proceedings under the act regarding the settlement (ex. da), which settlement was admittedly acted upon by the authorities, were within jurisdiction. it was not the case of the complaint before the trial court that the income-tax authorities could not settle the matter in the manner it was done ..... l)(c) of the act. the difference in the income declared in the return filed on 30th june, 1965 and the income for the year 1965-66 was finally assessed at rs. 31,898.00 . (5) it is the admitted case of the parties that the accused paid the income-tax as well as the .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-28-1988
Reported in : (1988)70CTR(Guj)180; 172ITR176(Guj)
..... for the purpose of computing the profits and gains or the total income under the income-tax act. in our opinion, surtax stands on the same footing as income-tax inasmuch as it is also a tax on the total income computed under the income-tax act after its adjustment under the act. payment of both income-tax and surtax is application of income after it is earned and not an expenditure incurred for the ..... in the manner laid down in the act. it is a levy on the total income computed under the income-tax act after it is adjusted in accordance with the first schedule to the surtax act. computation of income for the purpose of the income-tax act has to precede the assessment of surtax under the act. unless and until computation of total income under the income-tax act is made, the question of chargeable ..... surtax is an expenditure laid out or expended wholly and exclusively for the purpose of the business of the assessee and its deduction is allowable under section 37 of the income-tax act. sub-section (1) of section 37, on which reliance is placed on behalf of the assessee, provides that any expenditure (not being expenditure of the nature described in section 30 .....Tag this Judgment!
Court : Gujarat
Decided on : Mar-29-1988
Reported in : (1988)70CTR(Guj)185; 172ITR698(Guj)
..... the question whether donation given by one charitable trust to another trust would be covered by the provisions of section 4(3) of the indian income-tax act, 1922, which is the forerunner of section 11 of the income-tax act, 1961. the calcutta high court, speaking through sabyasachi mukharji j., in terms, held that the assessee donor trust was entitled to exemption under section 4 ..... ., that (headnote of 59 itr 582) : 'the words `applied or finally set apart for application' in the second part of clause (i) of section 4(3) of the income-tax act indicated that unless the income from the property was applied or finally set apart for religious or charitable purposes within the taxable territories, it did not earn the exemption. a different meaning should ..... )(h) read with section 13(3) and explanation thereto and, hence, the assessee was not entitled to exemption under section 11 in vies of section 13(2)(h) of the income-tax act, 1961 ?' 2. it will be necessary to have a quick glance at the factual backdrop for understanding the controversy reflected by these questions. 3. the assessee in a public charitable ..... held that the assessee was entitled to exemption in view of section 11 of the income-tax act, 1961 ('the act' for short), as applicable at the relevant time. the commissioner of income-tax, however, felt otherwise and issue a notice under section 263 of the act as he noted that the income of the trust was utilised directly or indirectly for the benefit of the prohibited categories .....Tag this Judgment!
Court : Gujarat
Decided on : Apr-30-1988
Reported in : (1988)71CTR(Guj)65; 173ITR179(Guj)
..... towards expenditure on motor cars given to its managing directors for their use at bombay. he had disallowed this amount under the provision of section 40a(5) of the income-tax act, 1961 ('the act' for short), being the actual expenditure incurred by the assessee on this car plus depreciation. in appeal, the appellate assistant commissioner, following the decision of the tribunal in an ..... concerned with an entirely different problem. this court in the said decision was concerned with the ambit and scope of section 40(a)(v) and section 40(c) of the income-tax act, 1961, as were in force in the relevant assessment year 1969-70. in those days, there was no such provision like section 40a(5). section 40(a)(v) dealt with ..... valuing car perquisites in respect of the car given by the assessees for use to its two directors at rs 6,000 under section 40(5)(a)(ii) of the income-tax act, 1961, and in deleting the addition of rs. 33,809 out of the total addition of rs. 39,809 being the actual expenditure incurred by the assessee on account of ..... . whether the expenditure of rs. 2,810 being the value of canteen coupons to guests and technicians is disallowable under section 37(2b) of the income-tax act, 1961 ?' 2. the facts leading to this reference may be noted at the outset. the assessee is a textile mill. the year of assessment is 1972-73. so far as .....Tag this Judgment!