Court : Guwahati
Decided on : Aug-01-1997
..... to be surrendered to the government on the expiry of his licence.5. the income-tax act, 1961, was amended with effect from april 1, 1989, by inserting sections 44ac and 206c in the income-tax act. the methodology was introduced for collecting income-tax at source under section 206c of the income-tax act in respect of profits and gains from the business of trading in alcoholic liquor, ..... ., because of non-receipt of direction from your end. in fact, no such direction is required as the deduction is required to be made statutorily under the provisions of the income-tax act, 1961. however, two letters were addressed by the superintendent of excise and deputy commissioner of sibsagar as on february 24, 1994 and march 5, 1994, respectively (copies of ..... a letter dated december 6, 1994, addressed to the respective deputy commissioners/sub-divisional officers, the under secretary to the government, excise department, issued directions for collection of-income-tax at source under the provisions of the income-tax act from the lessee of country spirit shops on the profit of alcoholic liquor other than indian made foreign liquor under section 206c of the ..... of law and, therefore, these petitions are taken up together for disposal.2. the subject-matter involved here is related to the levy and collection of tax at source under section 206 of the income-tax act in respect of profits and gains of trading in alcoholic liquor. the facts and the legal issues set forth in civil rule no. 1423 of 1995 .....Tag this Judgment!
Court : Patna
Decided on : May-16-1997
..... that although the petitioner made the required deductions but failed to submit the requisite return within time, and as such committed an offence punishable under section 276b of the income-tax act.3. i have heard learned counsel for the parties and have perused the records.4. the orders under challenge cannot be sustained for the reason that no sanction for ..... offences), muzaffarpur, whereby he took cognizance against the petitioner of an offence under section 276b of the income-tax act and also order dated march 27, 1992, passed by the commissioner of income-tax, patna--opposite party no. 1, under section 279(1) of the income-tax act, whereby he sanctioned the filing of the complaint against the petitioner.2. the allegations against the petitioner ..... are that while posted as treasury officer, munger, he was required under section 192 to make deductions of income-tax while paying salaries to the government ..... section 197 of the code has been obtained in this case. in the absence of the aforesaid sanction under section 197 of the code, neither could the commissioner of income-tax have sanctioned the launching of the prosecution nor the special court could have taken cognizance of the offence alleged against the petitioner.6. in the result, the petition .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-19-1997
Reported in : AIR1997SC3968; 1997LC787(SC); 228ITR253(SC); JT1997(8)SC173; 1997(6)SCALE175; (1997)7SCC764; Supp4SCR189
..... high court is erroneous.36. in view of the aforesaid, it is not necessary to discuss the point relating to applicability of section 41(1) of the income tax act, 1961 in this case.37. the appeal fails and is dismissed. there will be no order as to costs.c.a. nos. 10091/95, 5279/96 ..... the judgment of this court in meenakshi achi's case was not applicable in the facts of the case before it.31. in the case of commissioner of income tax v. udaya pictures (p) ltd. : 225itr394(ker) , subsidy was granted by the state government for producing new regional films. it was held ..... rubber trees cannot be included as a revenue receipt of the rubber company.28. our attention was drawn to the case of sadichha chitra v. commissioner of income tax : 189itr774(bom) . in that case, it was noted that in a given case subsidy may be granted with the object of supplementing trade ..... producing the rubber.24. a full bench of the kerala high court examined the question of subsidy received for replanting rubber trees in the case of commissioner of income tax v. ruby rubber works ltd. : 178itr181(ker) . it dealt with a scheme of subsidy framed by the rubber board in 1967 for replanting ..... . thereupon the revenue asked for and obtained the reference of the following question:whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the amount of rs. 14,665 received by the assessee from the government of andhra pradesh in the relevant .....Tag this Judgment!
Court : Chennai
Decided on : Feb-18-1997
Reported in : 234ITR23(Mad)
..... . at the instance of the assessee, the tribunal referred the following question, for the opinion of this court, under section 256(1) of the income-tax act, 1961 : -'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the compensation of rs. ..... and releasing their rights under the agreement dated april 17, 1972. on considering the subsequent agreement, the income-tax officer held that the assessee had received the compensation of rs. 20,000 for loss of income suffered and added it as revenue receipt. 3. before the commissioner (appeals) in appeal, the assessee ..... the decisions reported in gillanders arbuthnot and co. ltd. v. cit : 53itr283(sc) ; cit v. best and co. p. ltd. : 60itr11(sc) and cit v. saraswathi publicities : 132itr207(mad) . a passage occurring at page 168 of law of income-tax in the text book written by kanga and palkhivala, 8th edition ..... were handed over for an agreed price as part of the agreement would clearly establish that there had been a loss of source of income and that therefore, the compensation is a capital receipt. it is well established that the compensation received for mere loss of profits will be ..... the same business of rubber lining and rubber bonding till april 16, 1975. according to the department, the compensation received was for loss of income suffered. the assessee, on the other hand, would contend that the restraint, which was placed on the assessee and the fact that the machinery .....Tag this Judgment!
Court : Guwahati
Decided on : Sep-30-1997
..... tribunal. the supreme court held (headnote) :'it is now well-settled that the appellate tribunal is the final fact-finding authority under the income-tax act and that the court has no jurisdiction to go behind the statements of facts made by the tribunal in its appellate order. the court may ..... under section 256(2) of the income-tax act, 1961, as made in civil rule no. 25(m) of 1993, that the following questions based on statements of facts were drawn by the department :'whether, in view of the wording of rule 8(2) of the income-tax rules, 1962, the tribunal was ..... be accepted.'6. this finding can by no means be said to be unreasonable much less perverse. the income-tax officer in his assessment order has concluded that : 'the replanting expenses is regarded as capital expenditure, because the replantation is expenses of en ..... regarded as capital expenditure because the replantation is expenses of en bloc area as good as new cultivation.there is no finding by the income-tax officer that the replanting was in virgin area of the tea garden. in the absence of necessary finding the contention of the revenue cannot ..... held that the expenditure incurred on en bloc replantation was capital expenditure in nature. on appeal being preferred by the assessee, the commissioner of income-tax (appeals) held that replantation expenditure was revenue expenditure and as such allowed theexpenditure incurred on replantation. on further appeal by the revenue, the tribunal .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-10-1997
Reported in : 230ITR927(SC); (1998)1SCC503
..... judgment and order of a division bench of the high court at calcutta answering the following question raised in a reference under section 256 of the income tax act in the negative and against the assessee: '1. whether, on the facts and in the circumstances of the case and on a proper interpretation ..... commissioner reversed that view and the income tax appellate tribunal affirmed the decision in first appeal. the high court, in reference, in the judgment under appeal before us, disagreed with the tribunal. ..... incapacity of saksaria cotton mills ltd. to pay the same. the assessee claimed these amounts as deductions by way of bad debts.' 3. the income tax officer disallowed the assessee's claim for deduction of the said amount of rs 20 lakhs holding that it was a capital expenditure. the appellate assistant ..... it was unable to realise the decretal amount. the assessee claimed in the year 1932-33 that the aforesaid amount should be deducted from its other income as a business loss. the privy council did not accept the assessee's case. it said: 'when the deposit is considered in relation to the ..... high court noted the facts found by the tribunal, as under: 'the assessee is a public limited company. it owned several tea estates and its main income was from sale of tea. davenport and co. (p) ltd. are the managing agents of the assessee. in 1960, the assessee altered its memorandum of .....Tag this Judgment!
Court : Chennai
Decided on : Feb-18-1997
Reported in : 239ITR429(Mad)
..... , 1983, the appellate tribunal has stated a case and referred the following question of law for the opinion of this court under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'). 2. 'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in holding that the payment to mrs. ghaswala, the wife ..... out wholly and exclusively for the purpose of the business and the provisions of section 37 were inapplicable. the assessee then preferred an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) allowed the appeal, following his earlier order for the assessment year 1975-76. he held that the pension paid to mrs. ghaswala is an allowable deduction. it ..... is now necessary to see the findings of the commissioner of income-tax (appeals) rendered for the earlier assessment year 1975-76. in that order, he found that mr. ghaswala was a former director of the assessee-company and the said ghaswala became ..... per month was increased to rs. 1,300 per month. it was also noticed in that resolution that mr. ghaswalla would be retiring on july 31, 1968. the commissioner of income-tax (appeals) held that the payment of pension to mrs. ghaswala was a continuation of the pension paid to mr. ghaswala after his death for the same fixed period for which .....Tag this Judgment!
Court : Chennai
Decided on : Nov-06-1997
Reported in : 241ITR133(Mad)
..... tribunal has stated a case and referred the following common question of law for the assessment years 1979-80 and 1980-81 under section 256(1) of the income-tax act, 1961, for our opinion : 'whether, the appellate tribunal was justified in law and had material facts to hold that the remuneration paid to the partner by the partnership firm in ..... under section 67 of the act, as the share of the hindu undivided family which has the beneficial interest in the said partnership firm in which it is represented by that partner ?' 2. the assessee is a hindu undivided family. the assessee filed returns for the assessment years 1979-80 and 1980-81 and the income-tax officer completed the assessments rejecting the ..... him in his individual capacity, the firm paid salary and the salary was paid by the firm for the exertion made by deenadayalan for the business of the firm. the income-tax officer noticed that there were four partners in v. a. a. natarajan and sons, viz., n. rajasekaran, n. deenadayalan, n. gunasekaran and n. sivaraj and all of them were partners ..... partners and one n. parameswari was taken in as a partner along with other original partners who were already there representing the hindu undivided family respectively in the firm. the income-tax officer found that the partners represented their hindu undivided family and whatever the salary was paid to the karta would be the .....Tag this Judgment!
Court : Patna
Decided on : Feb-24-1997
..... . sahay, j. 1. heard the parties. 2. this is an application to quash the entire proceeding in complaint case no. 166 of 1992 under sections 276c and 277 of the income-tax act. 3. a complaint was filed by the union of india against the petitioner stating that the petitioner is an assessee within the meaning of section 2(7) of the ..... income-tax act, 1961. the petitioner filed a return on november 30, 1988, declaring a total income of rs, 2,29,230. the income was assessed under section 143(1) at the total income of rs. 2,29,230 by the assessing officer vide his order dated march 14, 1989 ..... order dated november 19, 1991. it is alleged that the petitioner had wilfully attempted to evade tax by furnishing inaccurate particulars of income and making false verification in the return of income. thus, the petitioner made himself liable to be prosecuted under sections 276c and 277 of the income-tax act, 1961. 5. the complaint was filed on march 13, 1992. during the pendency of the ..... criminal proceeding the income-tax tribunal, patna, vide order dated february 11, 1994, held that the penalty was bad ab initio in law and, accordingly, the order of the commissioner of income-tax confirming the penalty was set aside. in this .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-26-1997
Reported in : 225ITR586(Bom)
..... court for opinion at the instance of the assessee : 'whether, on the facts and circumstances of the case and proper interpretation of section 147 of the income-tax act, was the tribunal justified in law in upholding the reopening of the assessment ?' 2. the facts of the case are as under : 3. the ..... is that the assessment for the assessment year 1959-60 could not have been reopened by the income-tax officer on the basis of the information received by him from the assessment under the wealth-tax act for the assessment year 1960-61. we find that this controversy now stands concluded against the ..... be bogus persons or mere name-lenders in the assessment proceedings relating to the subsequent assessment year. does it not furnish a reasonable ground for the income-tax officer to believe that on account of the failure - indeed not a mere failure but a positive design to mislead - of the assessee to ..... of the assessee of hundi loans to be bogus in his assessment for the assessment year 1960-61, issued a notice to the assessee under section 148 of the act for the assessment year 1959-60. the issuance of notice ..... assessee by the decision of the supreme court in sri krishna pvt. ltd. v. ito : 221itr538(sc) . in that case also, the income-tax officer having found the claim .....Tag this Judgment!