Court : Patna
Decided on : Nov-16-1998
..... that decision venka-taramaiah j., as his lordship then was, examined in detail the terms and conditions of a similar collaboration agreement, the relevant provisions of the income-tax act, 1961, and the decisions of the supreme court includ-ing those in carborandum co.'s case : 108itr335(sc) and performing right society limited's case ..... also but those were not the subject of dispute before the court. on examining the provisions contained in section 5(2) and section 9 of the income-tax act, 1961, this court found and held as follows (page 605) : 'taking into consideration the different clauses of the agreement and the findings recorded ..... and against the assessee-company. the supreme court examined these facts in the light of section 4(1)(c) read with section 42 of the indian income-tax act, 1922 and held as follows (page 344) : 'the high court was wrong in its view that activities of the foreign personnel lent or ..... collaboration agreement did accrue or arise in india to the non-resident company within the scope of the provisions of section 5(2)(b) of the income-tax act, 1961.' (emphasis' added) in arriving at its finding on the basis of the reason assigned by it, the tribunal solely relied upon a ..... the assessment years 1975-76 to 1980-81, a common question of law has been referred to this court by the income-tax appellate tribunal under section 256(2) of the income-tax act, 1961, on a direction given by the supreme court at the instance of the assessee. the question of law on .....Tag this Judgment!
Court : Patna
Decided on : Aug-18-1998
..... documents are relevant for the purpose of the issues involved in the suit pending before it. similarly, it seems to us, that the officers mentioned in section 131 of the income-tax act have been vested with powers to make the orders as mentioned therein provided they are satisfied that the orders made would be relevant for the purpose of deciding the case ..... assessee on march 22, 1992, the proceeding was pending before the assessing officer and, therefore, the assessing officer was competent to issue notice under section 131(1)(d) of the income-tax act, 1961.'5. the aforesaid notice said to be have been served on the petitioner on march 22, 1992, it may be mentioned, refers to the very same notice which has ..... calcutta high court explained the scope of the provisions of section 131 in these words (page 573) : 'from a perusal of section 131 of the income-tax act, we are of the opinion, that the power of the income-tax officer under that section is co-extensive with that of a court trying a suit under section 30 of the civil procedure code, read with rules 12 ..... petitioner has been served with a notice issued in terms of section 131(1)(d) of the income-tax act (in short, 'the act'), in the matter of ascertainment of cost of construction of a house by the assistant valuation officer, the income-tax department at the behest of the income-tax officer, ward-iii, ranchi. she seeks quashing of the notice and' a declaration that the proposed .....Tag this Judgment!
Court : Delhi
Decided on : May-18-1998
Reported in : 235ITR354(Delhi)
..... 140, santhome high road, madras, and cottage no. 55, hotel palm grove, madras. on august 29, 1983, a search operation under section 132 of the income-tax act was conducted at all the aforesaid four places of the assessed at madras and also at its offices in delhi at g-18, hans bhavan, i. p. ..... mukul mudgal, j. 1. this petition filed under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act'), seeks a direction to the income-tax appellate tribunal, delhi bench, new delhi, to draw up a statement of the case as arising from its order in ra ..... law, the authorities below had correctly invoked sections 215 and 216 to the fresh assessment dated march 30, 1991, completed on remand ?' 19. the income-tax appellate tribunal recorded the following findings : 1. the kacha cash day book is a totally fabricated document ; 2. we are of the view that ..... related to the alleged realisation of 'on money' on the sale of cement received through 'promina' and 'niketar' ships. similarly, the learned commissioner of income-tax (appeals) also deleted the addition of rs. 66,42,000 in respect of on money alleged to have been charged on the sale of cement pertaining to ..... after making fresh enquiries regarding the various additions, particularly on account of 'on money' and disallowance of commission paid to fwcl. the learned commissioner of income-tax (appeals) observed that shri r. jayaraman and shri m. dalip, the two persons who were present in room no. 439, hotel taj coramandal, madras .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-1998
Reported in : 244ITR834(Mad)
..... appeal, the tribunal concurred with the views of the commissioner of income-tax (appeals), reflecting the views of the income-tax officer on all claims and disallowances made by the income-tax officer.9. it is on these facts, the questions of law as below had been referred under section 256(2) of the income-tax act, 1961, for the opinion of this court :'(1) whether, ..... expenditure do not relate to the business of the assessee-company but relate to the business of the malaysian company.6. on appeal, the commissioner of income-tax (appeals) concurred with the decision of the income-tax officer. according to him, the penalty arose on account of loan transaction, which was on capital account and, therefore, the penalty was capital, but, ..... allowable deduction. the rationale for such rejection is that the said liability did not relate to the assessee's business, and the expenditure was also capital in nature.5. the income-tax officer also disallowed the claims relatable to (1) preliminary expenses ; (2) difference in exchange rates ; (3) amount payable to the united india fire and general insurance company ; ..... according to him, there was no joint venture as such, but there was only shareholding in the malaysian company.7. the commissioner of income-tax (appeals) also concurred with the disallowance made by the income-tax officer as relatable to preliminary expenses, differences in exchange rates the amount payable to the united india fire and general insurance company and royalty written .....Tag this Judgment!
Court : Chennai
Decided on : Jan-09-1998
Reported in : 242ITR67(Mad)
..... . 982 and 983 of 1986, the tribunal has referred the following common question of law under section 256(1) of the income-tax act, 1961, for our consideration : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was correct ..... by way of royalty cannot be regarded as revenue expenditure. 3. the assessee went on appeal before the commissioner of income-tax (appeals) against the view of the income-tax officer that the amount should be treated as capital expenditure. the commissioner (appeals) held that the period of five years cannot be ..... from india radiators ltd. the claim of the assessee was that the sum paid was revenue expenditure and allowable in the computation of business income. the income-tax officer, however rejected the claim of the assessee on the ground that the assessee obtained an enduring benefit and, hence, the amount paid ..... that the knowledge obtained by the assessee would enure even after the period of the agreement and, therefore, the amount was rightly disallowed by the income-tax officer as capital expenditure. 8. mr. sampathkumar, learned counsel for the assessee, on the other hand, submitted that the tribunal has come to the ..... he held that the amount paid as royalty should be regarded as revenue expenditure.4. the revenue carried the matter on appeal before the income-tax appellate tribunal. the appellate tribunal perused the terms of the agreement and came to the conclusion that the payment made by the assessee was .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-09-1998
..... , 1961, before the income-tax appellate tribunal/gauhati bench, guwahati, numbered as r. a. 60 (gauhati) of 1993 with a prayer to refer the following two questions ..... having failed to establish the said factual question, was not entitled to a reference under section 256 of the income-tax act, 1961, as such reference is confined to questions of law. 5. we have perused the order dated january 10, 1990, of the commissioner ..... 1. this is an application under section 256(2) of the income-tax act, 1961, with a prayer to call for a statement of the case on some questions of law which arise out of the order dated october 27, 1997, of the income-tax appellate tribunal, guwahati bench, guwahati, in i. t. a. no. 227 ..... business. in support of his submission, mr. joshi relied on the relevant paragraphs of the order dated january 10, 1990, of the commissioner of income-tax (appeals) as well as the appellate order dated september 15, 1993, of the appellate tribunal. mr. bhuyan appearing for the department, on the other ..... taxes on which reliance was placed by the asses-see was of no help in view of the fact that the assessee could not establish that the trucks were hired out to other parties or they were used in his business of transportation of goods on hire. aggrieved, the petitioner filed an application under section 256(1) of the income-tax act .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-04-1998
Reported in : (1998)145CTR(SC)176; 230ITR636(SC); JT1998(1)SC599; 1998(1)SCALE501; (1998)2SCC584; 1SCR653
..... commencing from april 13, 1961 for the various charitable purposes which are set out in the resolution. the assessee accordingly filed form 10 with the income-tax officer as required under section 11(2) of the income-tax act, 1961. the income was accordingly being accumulated every year and invested in government securities.3. for the year ending april 12, 1970 which is the accounting year ..... following question was referred to the high court of judicature at madras by the income-tax appellate tribunal under section 256(1) of the income-tax act, 1961 :'whether, on the facts and in the circumstances of the case, the income of the assessee is exempt from tax under section 11 of the income-tax act for the assessment year 1970-71?' 2. the assessee is a charitable trust for ..... rs. 8 lakhs was to be treated as income of the assessee for the purposes of section 11. the tribunal gave the benefit of section 11(1) to the assessee for ..... of starting a hospital. the trust had also earned during that assessment year other income amounting to rs. 1,64,210.03.4. the assessee claimed exemption for the total income of rs. 8 lakhs plus rs. 1,64,210.03 under section 11(1) of the income-tax act, 1961. the income-tax appellate tribunal by a majority of 2 : 1 held that the sum of .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-21-1998
Reported in : 1998VIAD(SC)1; AIR1998SC2966; 232ITR2(SC); JT1998(4)SC328; (1998)3SCC552
..... . the assessee also can appeal against the insufficiency of the enhanced compensation. can it be said that the final determination by the highest court of the compensation would entitle the income tax officer, notwithstanding the period of limitation fixed under the income tax act, to reopen the assessment in which he had included the initial compensation awarded by the collector and recompute the entire ..... income on the basis of the final compensation? we do not think there can be any justification for such a proposition. on a proper construction of the terms 'accrue' or 'arise', ..... which accrues to him, and the respective amounts, whether awarded by the collector or the court accrue on the respective dates on which the award or the decree is passed. income tax is not levied on a mere right to receive compensation; there must be something tangible, something in the nature of debt, something in the nature of an obligation to pay ..... amount of mesne profits which was determined at rs 57,093 was received by the appellant in the following accounting year relevant to the assessment year 1964-65. 3. the income tax officer assessed this sum of rs 57,093 in the appellant's assessment year 1963-64. on appeal, the assistant commissioner, however, deleted this amount as in his opinion the .....Tag this Judgment!
Court : Delhi
Decided on : Feb-13-1998
Reported in : 1998IIAD(Delhi)90; 72(1998)DLT19; ILR1998Delhi91
..... orderr.c. lahoti, j.1. by this petition under section 256(2) of the income-tax act, 1961 the revenue has sought for a direction in the nature of mandamus being issued to the income-tax appellate tribunal to draw up a statement of the case and refer the following questions for the opinion of the ..... the assessing officer instead of simply deleting the addition.10. in our opinion, the high court cannot by exercising jurisdiction under section 256(2) of the income-tax, 1961 allow the relief in the manner in which it is sought for by the revenue.11. in state of orissa v. mahraja bp singh deo, ..... question of sufficiency or reprisal of evidence; it is scrutinising the manner of exercise of jurisdiction by the tribunal as reflected in its order. [see cit vs. raza textile ltd : 169itr258(all) we find ourselves in respectful agreement with the view taken by the two division benches of the ..... fact recorded by the tribunal was that there was no material such as comparable cases,available on the record of the assessment officer or the cit (appeals) wherefrom the rate of profit applicable to the business carried on by the assessed could be determined and applied to the assessed then ..... a question under section 256(2) of the act. (see. lakshmiratan cotton mills vs. cit : 73itr634(sc) , t.d.kumar & bros (p) ltd v. cit : 63itr67(sc) , cit v. scindia steam navigation co ltd : 42itr589(sc) , cit a.p. v. kotrika venkataswamy & sons 1972 tax lr 448 .13. we are thereforee, definitely .....Tag this Judgment!
Court : Kerala
Decided on : Apr-06-1998
Reported in : 237ITR694(Ker)
..... ]128itr445(delhi) . learned counsel also referred to a judgment of this court in o. p. no. 10852 of 1987, a petition filed under section 256(2) of the income-tax act by the commissioner of income-tax for compelling reference of certain questions.learned counsel pointed out that the special leave petition filed from the above judgment by the revenue before the supreme court was ..... section 144b, cannot the benefit of extension of time as contemplated by explanation to section 153 of the income-tax act, be claimed by the revenue ?'2. the relevant facts are as follows : the assessee-company is engaged in export of fish products. for the assessment year 1980-81, it filed ..... 119 and : 1978crilj1266 and guduthur bros. v. ito : 40itr298(sc) and the provision in section 292b of the income-tax act, 1961, should not the tribunal have remitted the case for fresh consideration ?4. whether, on the facts and in the circumstances of the case, if no direction is given under ..... . whether, on the facts and in the circumstances of the case, and on an interpretation of section 144a, section 144b read with explanation l(iv) to section 153 of the income-tax act, 1961, the assessment is time barred and could be cancelled ?3. whether, on the facts and in the circumstances of the case and also considering the decisions in 108 itr .....Tag this Judgment!