Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Year: 1988 Page 7 of about 1,685 results (0.112 seconds)

Aug 02 1988 (HC)

R.M. Donde, Income-tax Officer Vs. Mukundrai Kuberdas Katakia and Anot ...

Court : Mumbai

Decided on : Aug-02-1988

Reported in : (1988)90BOMLR502; [1989]176ITR381(Bom)

..... a like number of verdicts of acquittal flowing from complaints lodged against respondent no. 1 ascribing to him the commission of an offence punishable under section 276b of the income-tax act, 1961 ('the act').2. respondent no. 1, also referred to as the accused, is the managing partner of a firm doing business in the name and style of universal export and import ..... a guide in reaching a decision.'11. that section 285 excludes notional payments is made more than clear if one looks at another section in the act, viz., section 194a. that deals with deduction of income-tax in relation to interest other than 'interest or securities'. clause (1) thereof say :'any person not being an individual or a hindu undivided family, who is ..... him that section 285 related only to actual payments.7. to take up the second point first, the appellant relies on section 18 which specifies the different amounts chargeable to income-tax under the head 'interest on securities'. the securities detailed may be broadly categorised as gilt-edged securities or government paper. for respondent no. 1, it was argued that the appellant ..... used in sections 276(b) and 283 of the act. for our purposes, these sections read as follow :'285. information by persons responsible for paying interest. - the person responsible for paying any interest, not being 'interest on securities', shall, on or before the fifteenth day of june in each year, furnish to the income-tax officer having jurisdiction to assess him, a return .....

Tag this Judgment!

Dec 15 1988 (HC)

Surat Cotton Spinning and Weaving Mills Pvt. Ltd. Vs. Commissioner of ...

Court : Mumbai

Decided on : Dec-15-1988

Reported in : [1990]186ITR375(Bom)

s.p. bharucha, j.1. the question raised by the assessee reads thus :'whether the interest payable by the government under section 214(1) of the income-tax act, 1961, is to be calculated on the excess advance tax payment found with reference to the amount of tax determined on the first or the original assessment made by the income-tax officer or with reference to the amount of tax determined on the subsequent or the revised assessment made by the income-tax officer giving effect to the appellate orders ?'2. the question has to be answered, it is agreed, in the light of the full bench judgment of this court in cit v. carona sahu co. ltd. : [1984]146itr452(bom) . following that judgment, the question is answered thus : the interest payable under section 214(1) of the income-tax act, 1961, is to be calculated on the excess advance tax payment found with reference to the amount of tax determined on the first or the original assessment made by the income-tax officer.3. no order as to costs.

Tag this Judgment!

Dec 06 1988 (HC)

Z.M. Merchant Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Dec-06-1988

Reported in : [1989]177ITR512(Bom)

..... survey nos. 1393 and 1395 and portions 'a' and 'c' of survey no. 1394 in surat (gujrat) is agricultural land for the purposes of section 2(14)(iii) of the income-tax act, 1961 ?'2. the assessee sold land bearing survey nos. 1393, 1394, and 1395 in surat by asale deed dated february 24, 1967, at the rate of rs. 20 per sq ..... , sustained the assessment. he noted also that the said land fell within the town planning scheme and lay within the municipal limits of surat city, in further appeal before the income-tax appellate tribunal, it was elicited was the said land comprising of the three survey numbers a single plot of land not demarcated by fencing. the tribunal noted that no details ..... survey nos. 1393, 1394 and 1395 was agricultural land. he pointed out that this had been accepted by the registering authorities when the sale deed was registered at surat. the income-tax officer, however, held that the assessee had failed to prove that the balance of the said land was used for agricultural purposes. the appellate assistant commissioner, in the assessee's ..... . 1394, i.e., a, b and c, only the portion marked 'b' whereon there was structure which yielded a rental income was non-agricultural and the portions shown as 'a' and 'c' were agricultural land. the assessee submitted before the income-tax officer that he was growing vegetables and grain for personal use upon the balance of the said land and that there .....

Tag this Judgment!

Dec 07 1988 (HC)

Zenith Steel Pipes Ltd. (No. 1) (Now Zenith Ltd.) Vs. Commissioner of ...

Court : Mumbai

Decided on : Dec-07-1988

Reported in : [1990]186ITR500(Bom)

..... of the assessee reads thus :'whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under section 35b(1)(a) of the income-tax act, 1961, of rs. 12,500 in its assessment for the accounting period relevant to the assessment year 1972-73 ?'2. a similar question at the instance of the assessee arose ..... in its factory at khopoli and/or electrical lighting installations in the dispensary building and factory yard for the accounting period relevant to the assessment year 1972-73 ?'4. the income-tax officer and the appellate assistant commissioner disallowed the development rebate under section 33 on the cost of four room air-conditioners installed in the conference hall in the assessee's ..... , on the cost of the electric installation in the dispensary building in the factory premises and on the cost of lighting in the factory yard. the income-tax appellate tribunal upheld the view taken by the taxing authorities for this reason : 'no doubt they were installed in the factory premises but their purpose was altogether different. since they were not used for the ..... in income-tax reference no. 219 of 1976, zenith steel pipes ltd. (no. 2) v. cit : [1990]185itr281(bom) , which we have just disposed of. the statement of facts here being as inadequate as the one in that reference, this .....

Tag this Judgment!

Dec 07 1988 (HC)

Zenith Steel Pipes Ltd. (No. 2) Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Dec-07-1988

Reported in : [1990]185ITR281(Bom)

..... of the assessee reads thus :'whether, on the facts and in the circumstances of the case, the assessee is entitled to weighted deduction under section 35b(1)(a) of the income-tax act, 1961, of rs. 43,000 in its assessment for the accounting period relevant to the assessment year 1970-71 ?'2. the statement of case states that the admitted facts are ..... .' the appellate assistant commissioner's order set out the facts in the same manner. he upheld the income-tax officer's order. the income-tax appellate tribunal also set out the facts in the same manner. it defined the word 'expenditure', declined to reply upon a circular of the central board of direct ..... the funds provided by the engineering export promotion council, and under section 35b, it was entitled to weighted deduction in respect of the entire expenditure of rs. 43,000. the income-tax officer allowed the said deduction only in the sum of rs. 26,668 and not 'in respect of the expenditure incurred on foreign publicity by the engineering export promotion council ..... engineering export promotion council. admittedly, the said amount was spent by the assessee during the year under consideration in a foreign publicity scheme. the stand of the assessee before the income-tax officer for the allowance of weighted deduction in respect of the said amount of rs. 43,000 was that the said expenditure was incurred by it not only out of .....

Tag this Judgment!

Aug 12 1988 (HC)

Abdul Sattar M. Mokashi Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Aug-12-1988

Reported in : (1988)73CTR(Kar)72; [1988]174ITR368(KAR); [1988]174ITR368(Karn); 1988(3)KarLJ16; [1988]41TAXMAN84(Kar)

..... s. rajendra babu, j.1. these are three references made under section 256(1) of the income-tax act, 1961 (hereinafter called the 'act'), by the income-tax appellate tribunal ('the tribunal' for short) relating to the assessments of the applicant for three years. the assessments were made for the assessment year 1971-72 on november 11, 1971; ..... for the revenue submitted that the powers of the appellate assistant commissioner in disposing of an appeal are co-extensive with that of the income-tax officer and that under the scheme of the act, it was permissible for the income-tax officer to alter the status in the course of the assessment proceedings and that the status could be a subject-matter of an ..... the applicant had failed to disclose fully and truly all materials necessary for assessment, and hence initiation of action under section 147 of the act is invalid. it was submitted that there was no warrant for the income-tax officer to proceed on the basis that the applicant had admitted before the excise authorities that all the trucks belong to him even though ..... , urging the following grounds : (i) change of status from that of an individual to that of an association of persons (aop); and, (ii) the income-tax officer invalidly initiated the proceedings under section 147(a) of the act amongst certain other grounds. 4. the tribunal having dismissed the appeal, the applicant sought for a reference and at his instance, the following questions have .....

Tag this Judgment!

Nov 18 1988 (HC)

Canara Sales Corporation Ltd. Vs. Commissioner of Income Tax

Court : Karnataka

Decided on : Nov-18-1988

Reported in : (1989)79CTR(Kar)64; ILR1989KAR3387; [1989]176ITR340(KAR); [1989]176ITR340(Karn); 1988(3)KarLJ348

..... a covering letter dated march 25, 1966, in which it challenges the proceedings initiated under sections 147(a) and 148 of the income-tax act, 1961 ('the act' for short). the said returns were filed under protest and without prejudice to its contentions on the questions of jurisdiction to reopen the ..... was referred to in the following manner (at page 60) : 'mr. ginwalla has submitted that no one, not even an assessee before the income-tax officer, can be expected to disclose to disclose what he does not know and was able to place before us an observation occurring in the ..... misappropriation by the accountant came to light. since there was definite information available with the income-tax officer, which was not originally within his knowledge, the action taken by him under section 147(a) of the act was justified, that as the matter was still under litigation and it was not clear ..... assessee to disclose fully and truly all material facts necessary for his assessment for that year, income chargeable to tax has escaped assessment for that year. the scope of section 147(a) of the act has been the subject-matter of debate before us. while it is the contention of the ..... assessments. it was submitted that the amount misappropriated by the employee and now sought to be added should be allowed as a loss against the income of the assessee. the income-tax .....

Tag this Judgment!

Mar 19 1988 (HC)

G.N. Sunanda Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Mar-19-1988

Reported in : (1988)73CTR(Kar)33; 1988(3)KarLJ385

..... [1971]82itr828(sc) was not considered by the andhra pradesh high court. their lordships distinguished the case on the ground that it is a case under the gift-tax act and not under the income-tax act though this aspect was criticised by the gujarat high court but they adopted the reasoning of the andhra pradesh high court. the test of unity of interest is ..... to as the 'act'), to assess such share income in the hands of the applicant and her children as an association of persons. the applicant filed her return declaring that ..... she had no income in that status. her case was that her income should have been assessed as that of a hindu ..... during his lifetime, the income from each of these three firms was assessed in his hands in the status of a hindu undivided family. after his death, his wife, the applicant herein, became a partner in the firms in which he was a partner in his individual capacity. the income-tax officer initiated proceedings under section 148 of the income-tax act, 1961 (hereinafter referred .....

Tag this Judgment!

Aug 12 1988 (HC)

Gopal Ramanarayan Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Aug-12-1988

Reported in : (1988)73CTR(Kar)65; [1989]175ITR32(KAR); [1989]175ITR32(Karn); 1988(3)KarLJ340

..... a sum of rs. 2,75,000, there was a partial partition in the hindu undivided family and requested for an order under section 171 of the income-tax act, 1961 (hereinafter called 'the act'). the income-tax officer rejected this claim. he held that the assessee having thrown his interest in the firm into the common hotchpot of the hindu undivided family as indicated above ..... (in this case through the family) and hence assessable in the hands of the individual to whose wife and children such income accrued while applying section 16 of the indian income-tax act, 1922, which provision is analogous to section 64 of the act. applying the said ratio to the facts of this case, we hold that the tribunal was right in rejecting this claim ..... , section 64 of the act was attracted, and assessed such income in his hands. 3. on appeal, the appellate assistant commissioner upheld the claim of the assessee of partial partition and directed the income-tax officer to pass a separate order recognising such partition. however, the other contentions raised by him ..... property received by the spouse or minor children will be includible in the net income of the transferor as provided in the sub-section. 5. this is exactly the view expressed by this court in respect of an analogous provision in section 4(1a) of the wealth-tax act, in the decision reported in muthukali chettiar v. cwt : [1984]150itr359(kar) . therefore, in .....

Tag this Judgment!

Jan 19 1988 (HC)

B. Ravindra Kumar Vs. Income-tax Officer

Court : Andhra Pradesh

Decided on : Jan-19-1988

Reported in : (1988)73CTR(AP)203; [1989]175ITR568(AP)

..... assessment year 1981-82 declaring an income of rs. 11,845. the charge against him is that he failed to ..... i. panduranga rao, j.1. the petitioner, who is an income-tax assessee for the accounting year 1980-81, having been convicted by the courts below under sections 276c(1)(ii) and 277(ii) of the income-tax act, 1961 (hereinafter referred to as 'the act') has preferred this revision. he filed his return of income before the income-tax officer, a-ward, rajahmundry, on august 31, 1981, for the ..... assessee did not fill up column no. 12 of exhibit p-2 relating to agricultural income, but left it blank. it is elicited from him that the agricultural income as such is not taxable under the act, that the income-tax return forms were amended introducing a column showing agricultural income, that the writing in column no. 12 of exhibit p-2 is in his hand ..... that is not the gravamen of the charge against the petitioner. 12. learned standing counsel for the income-tax department argued that where an assessee deliberately conceals a part of his income, he would be liable for prosecution under section 277 of the act regardless of the fact that the assessment would have been the same even if the assessee had disclosed his true .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //