Court : Allahabad
Decided on : Oct-06-1989
Reported in : 196ITR243(All)
..... (investigation), in respect of all the shops and not any particular shop which is evident from the word 'premises'.43. section 132 of the income-tax act empowers the chief commissioner of income-tax or the commissioner of income-tax to pass an order for search and issue a warrant authorising a particular officer when he has reason to believe that any of the three conditions ..... of the premises, cannot be an equally efficacious remedy and the writ petition is entertainable and the objection regarding its entertainability fails.58. however, as the authorities under the income-tax act are the custodians of public money and they have to perform their duties in good faith in accordance with law and the procedure prescribed which rules out any vindictive or ..... and, as such, an authorisation order was necessary. the authorisation order, thus, is patently illegal and was passed in gross violation of the provisions of section 132(1) of the income-tax act.54. on the basis of the above-mentioned authorisation order, search and seizure started and even before starting the search, a statement of the petitioner's proprietor was taken and ..... has been stated that, while making survey, the petitioners and other persons badly dealt with the officers and officials and thus the petitioners committed breach of section 133a of the income-tax act. even in the first information report, it was not stated that petitioner no. 2, the proprietor of petitioner no. 1, in any way opposed the survey. it has been .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-20-1989
..... our decision : 'whether, on the facts and in the circumstances of the case, interest paid under section 35a of the assam sales tax act, 1947, for delay in payment of sales tax was allowable as deduction under section 37 of the income-tax act, on the ground that it was not penal in nature ?' 2. we have heard shri choudhury for the petitioner and shri saraf ..... the old decisions which have held that penalty for infraction of law is not deductible under section 37 of the income-tax act, 1961, for short 'the act', have ceased to be good law. 4. we may next refer to mahalakshmi sugar mills co. v. cit : 123itr429(sc) wherein the supreme court was called upon to decide the nature of the interest payable under ..... for the respondent after the decision of the apex court in central provinces manganese ore co. ltd v. cit : 160itr961(sc) the law has been settled that where interest is ..... mahalakshmi's case : 123itr429(sc) squarely applies to the present case inasmuch as under section 35a of the assam sales tax act, 1947, any default in paying the full amount of tax carries with it interest and the enlargement of the tax liability is automatic. it has also been brought to our notice by shri saraf that there is a separate provision under .....Tag this Judgment!
Court : Kerala
Decided on : Mar-08-1989
Reported in : (1989)78CTR(Ker)25; 179ITR4(Ker)
..... valid ? '(2) whether, on the facts and in the circumstances of the case, the share income of the wife is to be included in the total income of the asses-see ?' 4. admittedly, concluded assessments can be reopened under section 147(a) of the income-tax act, only if the income-tax officer has reason to believe that, by reason of the omission or failure on the ..... part of an assessee to make a return under section 139 for any assessment year to the income-tax officer or to disclose fully and truly all material facts necessary for his ..... kapurthala in his capacity as the karta of the hindu undivided family and, therefore, section 64(1) did not apply to him in respect of the share income of his wife from that firm. the income-tax officer reopened the assessments completed on may 30, 1972, arid october 19, 1972, for the assessment years 1970-71 and 1972-73 under section 147(a ..... . t. a. no. 67 (coch) of 1981. the assessees are the same in both the income-tax references but the assessment year is 1972-73 in income-tax reference no. 366 of 1982 and 1970-71 in income-tax reference no. 4 of 1983.2. the assessee is an individual deriving income by way of salary as managing director of the company, toshiba anand batteries ltd. the .....Tag this Judgment!
Court : Delhi
Decided on : Jan-13-1989
Reported in : 69CompCas13(Delhi); (1989)78CTR(Del)106
..... leila seth, j.1. by these five applications under section 256(2) of the income-tax act, 1961, the commissioner of income-tax prays that the tribunal be directed to draw up a statement of case and refer the following common question of law (though the ..... ,010. the amount was paid for giving personal guarantees to various banks such as the central bank, canara bank, dena bank, syndicate bank of tokyo. the income-tax officer disallowed the amount paid as guarantee commission and the disallowance was affirmed by the appellant assistant commissioner. 4. the assessed appealed to the appellant tribunal. the ..... ; (a) during the assessment years 1965-66 to 1968-69, substantial amounts of guarantee commission had been allowed, (b) in the case of cit v. punj and sons p. ltd. (income-tax reference no. 48of 1966 decided on march 1, 1977) this court had allowed guarantee commission as a revenue expenditure, (c) banks and other institutions ..... 241 of 1982 relates to the assessment year 1969-70 and the amount is rs. 3,30,000. 3. we are indicating herein the figure pertaining to income-tax case no. 225 of 1984. guarantee commission amounting to rs. 2,60,416 was paid to town directors. mrs. r. b. patel was paid a ..... to the directors is an allowable deduction in computing the assessed's profits from business ?' 2. income-tax case no. 225 of 1984 relates to the assessment year 1972-73 and the amount is rs. 2,60,416, income-tax case no.64 of 1985 relate to the assessment year 1973-74 and the amount is rs. .....Tag this Judgment!
Court : Kerala
Decided on : Jun-05-1989
Reported in : 180ITR406(Ker)
k. sukumaran, j.1. the petitioner, an assessee to income-tax, challenges exhibit p-6 order of the commissioner of income-tax under section 273a of the income-tax act, 1961. the grievances highlighted by the petitioner have been considered by the commissioner in a well-reasoned but brief order. the return for the year 1984-86 was filed on ..... july 31, 1984. the assessee was directed to appear before the income-tax officer to answer certain queries by a ..... letter of the income-tax officer dated august 25, 1986 ..... for scrutiny by this court, in the exercise of the powers under article 226 of the constitution. the exercise of the powers of the commissioner, a high functionary in the income-tax department, cannot be ordinarily interfered with unless there be a jurisdictional deficiency or other vitiating circumstances. if various factors are properly adverted to and cogently considered and rational reasons are .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-17-1989
Reported in : (1989)78CTR(Bom)133; 189ITR406(Bom)
..... 1975 to june30, 1976 19,23,995-------------70,44,013'-------------3. the notice under section 148 of the income-tax act was issued on march 30, 1982. it stated that the inspecting assistant commissioner of income-tax had reason to believe that the petitioners' income chargeable to tax for the said assessment year had escaped assessment and he, therefore, proposed to reassess it. on february ..... a notice under section 148 of the income-tax act, 1961, proposing to reassess the petitioners to income-tax for the assessment year 1977-78, the previous year whereof ended on june 30, 1976.2. the petitioners were assessed to income-tax for the said assessment year by an assessment order dated december 8, 1977. thereunder the income-tax officer allowed a deduction for 'liability due ..... entitled the inspecting assistant commissioner to reopen the assessment. the particulars of the petitioners' claim for deduction of the sum of rs. 77,44,013 were know to the income-tax officer. he allowed that claim. krishnan's case does not make any difference to the validity of such allowance, given presumably having regard to the judgment of the ..... was entitled to succeed, [siesta steel construction pvt. ltd. v. k. k. shikare  154 itr.6. dr. balasubramanian, learned counsel for the revenue, submitted, however, that an income-tax officer would not be in error if he accepted what the assessee claimed but if, later, he found, upon information, that the assessee had wrongly claimed a deduction, he could .....Tag this Judgment!
Court : Allahabad
Decided on : Feb-27-1989
Reported in : 178ITR504(All)
r.k. gulati, j.1. upon hearing the parties, we are satisfied that the following question of law does arise out of the order passed by the income-tax appellate tribunal :'(1) whether in law and on the facts of the case, the income-tax appellate tribunal was justified in arriving at a conclusion that only the net amount paid by the firm to a partner after adjusting interest paid by him to the firm should be disallowed under section 40(b) of the income-tax act, 1961, irrespective of the fact that the amount of interest is received by him in a capacity other than the capacity in which he paid interest to the firm or is a partner in the firm ?'2. accordingly, we direct the income-tax tribunal to draw up a statement of the case and refer the above question for the opinion of this court.3. parties shall bear their own costs.Tag this Judgment!
Court : Delhi
Decided on : Dec-04-1989
Reported in : 184ITR369(Delhi)
..... has jurisdiction to admit the additional ground with regard to such controversy 9. whether, on the facts and in the circumstances of the case, the tribunal's powers under the income-tax act, 1961, are not restricted to the subject-matter of appeal before them inasmuch as the ground challenging the proceedings under section 147 was specifically given up by the assessed before ..... the facts and in the circumstances of the case, the tribunal is right in holding that no part of the service charges is taxable under the various provisions of the income-tax act, 1961 3. whether, on the facts and in the circumstances of the case, the tribunal is right in arriving at a different conclusion than that arrived at in ita nos ..... , it is clear that the assessed had, in the covering letters both for the years 1972-73 and 1973-74 set out all relevant material and basic facts informing the income-tax officer about the expiry of the original agreement, the application to the government for further extension and the fact that, under the new agreement, royalty would be payable to the ..... the commissioner of income-tax (appeals and so such ground cannot be considered by the tribunal 10. whether, on the facts and in the circumstances of the case, the tribunal being the second appellate authority .....Tag this Judgment!
Court : Kerala
Decided on : Aug-02-1989
Reported in : 195ITR904(Ker)
..... on the related payment (beyond the 20th) of abkari dues ?' 4. we heard counsel. under section 37 of the income-tax act, 1961, any expenditure laid out or expended wholly and exclusively for the purposes of the business or profession shall be allowed in computing the ..... claim interest on kist arrears as business expenditure. we are not able to appreciate this argument as no such case was developed before the income-tax officer, commissioner of income-tax (appeals) of even before the tribunal. relevant partnership deed also has not been made part of the records. therefore, we are not ..... of law and partook of the character of damages and, therefore, deduction could not be allowed.2. on appeal, the commissioner of income-tax (appeals) concurred with the income-tax officer and held that the assessee had not carried on abkari business during the relevant accounting year and, therefore, the interest claim was ..... , the assessee has not continued the abkari business during the year relevant to the assessment year 1976-77 and subsequent years. the commissioner of income-tax (appeals) also held as a finding of fact that the assessee-firm has not participated in the auctions and did not carry on any ..... for such business arises.'6. under section 28 of the act, the profits and gains of any business or profession which was carried on by the assessee at any time during the previous year shall be chargeable to income-tax and the income so chargeable shall be computed in accordance with sections 30 - .....Tag this Judgment!
Court : Kerala
Decided on : Oct-26-1989
Reported in : 184ITR248(Ker)
..... tribunal is right in law in holding that the assessees cannot be assessed as an association of persons ?' 2. the respondents originally impleaded are two parsi ladies, assessees under the income-tax act. one of them died during the pendency of the reference in this court in august, 1989. her legal heirs, already in the party array, have been recorded as her legal ..... lands were sold for rs. 2,20,000. it was shown in part iv of the return, specifying that they were agricultural properties and so no capital gains accrued. the income-tax officer, however, computed the capital gains at rs. 1,35,008. in the appeal, the assessees pleaded that they should not have been assessed as an association of persons and ..... that this is a case of the assessees just continuing to receive the income from the forest lands and income from dividends and fixed deposits and it is the normal method of enjoying the said ..... or action and the object of the association must be to produce income and that it is not enough that the personsreceive the income jointly. it is essential that the persons must join in a common purpose or common action and the object of the association must be to produce income. the income-tax appellate tribunal, after adverting to the above relevant decisions has held .....Tag this Judgment!