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Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 1 of about 3,945 results (0.091 seconds)

Dec 10 1999 (HC)

B and a Plantations and Industries Ltd. (Formerly Barasali Tea Co. Pvt ...

Court : Guwahati

Decided on : Dec-10-1999

..... the tribunal that the order of assessment was passed only on march 30, 1988, and not beyond the normal period of limitation prescribed under section 153(l)(a) of the income-tax act is based on any evidence and/or material on record relevant to the assessment order passed in the case of the assessee and/or is perverse and unsustainable in law ..... can fix a notional interest as due, or collected by the assessee. our attention has not been invited to any provision of the income-tax act empowering the income-tax authorities to include in the income, interest which was not due or not collected. in this view, we answer question no. (ii) in the negative, that is, in favour of the assessee and against the revenue ..... passed on march 28, 1988, by the assessing officer inthe assessment records reversing the decision of the commissioner of income-tax (appeals) holding that the said order of assessment was passed beyond the normal period of limitation prescribed under section 153(1) of the income-tax act, expiring on march 31, 1988 2. whether, on the facts and in the circumstances of the case, the ..... p.g. agarwal, j. 1. in this case, the following seven references were made under section 256(2) of the income-tax act, 1961 (for short 'the act'): '1. whether, on the facts and in the circumstances of the case and on the materials on record the tribunal was justified in law in holding that the order of .....

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Apr 01 1999 (HC)

B.R. Metal Ltd. and ors. Vs. Commissioner of Income-tax and ors.

Court : Guwahati

Decided on : Apr-01-1999

..... . this writ petition has been filed by the petitioners for setting aside/quashing the warrant of authorisation dated september 17, 1998, under section 132a(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), including the panchanama prepared by the respondent-revenue authority and also for a direction to release rs. 50,00,000 (rupees fifty lakhs) and other documents requisitioned ..... any other law for the time being in force, or ... (c) any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer ..... summons under sub-section (1) of section 37 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (1) of section 131 of this act or a notice under sub-section (4) of section 22 of the indian income-tax act, 1922, or under sub-section (1) of section 142 of this act was issued to produce, or cause to be produced, any books ..... has not been or would not have been disclosed for the purpose of the income-tax act, 1961, and that on the basis of this, the commissioner of income-tax, guwahati has directed to issue warrants under section 132a(1) of the act to requisition the said amount from the officer-in-charge of the police station. mr, joshi in support of his submission relied on .....

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Aug 04 1999 (HC)

Bharat Forge Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Aug-04-1999

Reported in : [1999]240ITR654(Bom); 2000(2)MhLj111

..... ranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion, at the instance of the assessee :'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the expenditure incurred on asphalting ..... allowed depreciation at the rate of 5 per cent. he rejected the claim for deduction as revenue expenditure.3. the assessee filed an appeal before the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) held that the assessee had constructed new roads where nothing existed before. therefore, a new asset came into being in the form of pucca roads. he held ..... after these repairs, after every three years the repairs will have to be carried out because these roads do not last for a long time. the inspecting assistant commissioner of income-tax held that the assessee had substantially renovated the roads and hence the expenditure can be classified as a capital expenditure. according to him, the life of these roads would be ..... . the assessee had spent an amount of rs. 10,00,000 on the repairs of the road in the factory premises. it was submitted before the inspecting assistant commissioner of income-tax, pune, that the roads within the factory premises were kaccha roads and the assessee had spent the amount of rs. 10,00,000 for converting them into tar roads. it .....

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Dec 07 1999 (HC)

Commissioner of Income-tax Vs. Janmabhoomi Press Trust

Court : Karnataka

Decided on : Dec-07-1999

Reported in : [2000]242ITR703(KAR); [2000]242ITR703(Karn)

..... (page 458) :'it is plain that when the assessee is a trust entitled to benefit under section 11 of the income-tax act, the only question that arises for consideration is whether that income or the accumulated income thereof is applied for charitable purpose. if investments have been made in the construction of a building which in turn would augment its ..... income-tax (appeals), the department appealed before the income-tax appellate tribunal.3. the controversy in the present matter is covered by the decision given in itrc nos ..... assessing officer did not treat the repayment of loan taken by the assessee for the purpose of construction of a commercial complex as income applied for charitable purposes. in an appeal filed by the assessee, the deputy commissioner of income-tax (appeals) directed the assessing officer to allow the assessee's claim. against the order of the deputy commissioner of ..... . 100-102 of 1993, dated august 9, 1995 (cit v. janmabhumi press trust : [2000]242itr457(kar) ) wherein it was observed .....

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Aug 20 1999 (HC)

Commissioner of Income-tax Vs. C.W.S. (India) Ltd.

Court : Kerala

Decided on : Aug-20-1999

Reported in : [2000]242ITR429(Ker)

..... consideration in the above case before the supreme court was whether the assessee was entitled to weighted deduction under section 35b(1)(b)(iv) of the income tax act, 1961, in respect of commission payments made to agents outside india. on analysing the provisions of section 35b(1)(b)(iv), the supreme court ..... is engaged in cultivating, processing and selling tea. it claimed a sum of rs. 4,27,256 as a deduction under section 35b of the income-tax act, 1961, for the assessment year 1983-84. the contention raised by the assessee was that it is entitled to deduction under section 35b on selling ..... an agency outside india. there was also no consideration of the claim for weighted deduction in respect of warehousing charges under rule 6aa of the income-tax rules, 1962.12. according to us, without factual findings on these aspects, it may not be proper for this court to give its opinion ..... assessee regarding warehousing charges should have been considered by the tribunal under section 35b(1)(b)(ix) read with rule 6aa(b) of the income-tax rules, 1962. in view of the provisions contained under sub clause (ix) expenditure incurred wholly and exclusively on such other activities for the ..... no agent who can bind the principal by acts done on behalf of the principal. therefore, the abovementioned expenses would not fall under the purview of section 35b. the claim for weighted deduction was thus rejected. on appeal, the commissioner of income-tax (appeals) took the view that selling commission .....

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Nov 26 1999 (HC)

Commissioner of Income-tax Vs. Morarji Goculdas Spinning and Weaving C ...

Court : Mumbai

Decided on : Nov-26-1999

Reported in : [2000]243ITR37(Bom); 2000(2)MhLj705

..... cases also the claim of deduction was based on show-cause notices. this court held that expenditure which is deductible for income-tax purpose is towards a liability actually existing in the year of account. it was further held that the income-tax act makes a distinction between the actual liability in praesenti and a liability de futuro which, for the time being, is only ..... dr. b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion :'whether, on the facts and in the circumstances of the case, the tribunal was justified in ..... assessee.12. before parting with this case, we would like to observe that if any addition has been made by the income-tax officer in the assessment year 1983-84 as stated by the assessee under section 41(1) of the act of the amount allowed in this year, the tribunal should issue suitable consequential directions while giving effect to the opinion of ..... and the decision of this court thereon part of the records of the income-tax officer, but they are the foundation of the order of the income-tax officer. as the facts were stated in the writ petition and the decision of this court, the income-tax officer did not reiterate the same and acted upon the decision of this court. the facts of the case stated .....

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Mar 31 1999 (HC)

Commissioner of Income-tax Vs. John Fowler (India) Ltd.

Court : Mumbai

Decided on : Mar-31-1999

Reported in : [1999]239ITR312(Bom)

..... b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, at the instance of the revenue, the income-tax appellate tribunal has referred the following question of law to this court for opinion ;'whether, on the facts and in the circumstances ..... the relevant accounting period, the liability did not accrue or arise during the year under consideration.3. the assessee appealed to the commissioner of income-tax (appeals). the commissioner of income-tax (appeals) held that the agreement did not become effective in the relevant previous year in the absence of the approval of the central ..... under consideration. so far as the controversy in regard to the nature of the expenditure is concerned, the tribunal remanded the matter to the commissioner of income-tax (appeals) for deciding afresh on the merits whether the expenditure was capital or revenue. the revenue is aggrieved by the finding of the tribunal that ..... that count itself, the claim of the assessee for deduction was not allowable. in view of the above finding, the commissioner of income-tax (appeals) did not consider whether the expenditure in question was capital or revenue expenditure.4. the assessee went in further appeal to the ..... income-tax appellate tribunal ('the tribunal'). so far as the accrual of the liability is concerned, the tribunal held that the approval of the .....

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Jun 28 1999 (HC)

Commissioner of Income-tax Vs. International Computers Indian Manufact ...

Court : Mumbai

Decided on : Jun-28-1999

Reported in : [1999]239ITR499(Bom)

..... the case, the assessee is entitled to development rebate under section 33(1)(b)(b)(i)(b) of the income-tax act, 1961, so that the orders under section 263 of the income-tax act, 1961, passed by the commissioner of income-tax deserved to be cancelled ? at the instance of the assessee : (2) whether, on the facts and in ..... b.p. saraf, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following two questions of law to this court for opinion, both at the instance of the revenue ..... the circumstances of the case and in law, the commissioner of income-tax bombay city vi, bombay, was right in exercising ..... cent. according to him, the assessee was entitled to development rebate, only at the rate of 15 per cent. the commissioner of income-tax was of the opinion that the income-tax officer had not applied his mind to the question of the rate of development rebate applicable to computer system in this case. he, ..... therefore, initiated proceedings for suo motu revision and after hearing the assessee, directed the income-tax officer to modify his order by allowing development rebate at 15 per cent, as against 25 per cent, allowed by him. this order was passed by .....

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Jul 14 1999 (HC)

Commissioner of Income-tax Vs. Govind Poy Oxygen Ltd.

Court : Mumbai

Decided on : Jul-14-1999

Reported in : [1999]239ITR543(Bom)

..... of rs. 8,72,270 had been adjusted against the cost of specific assets and, therefore, in terms of the provisions of section 43(1) of the income-tax act, the actual cost of the asset would stand reduced by the amount of subsidy.5. in appeal carried by the assessee against the said order, the ..... of actual cost upon receipt of central subsidy of rs. 8,72,270.4. action under section 263 of the income-tax act, 1961, was initiated for the assessment year 1979-80 as the assessment order made by the first income-tax officer, margao, was found to be erroneous in so far as, it was prejudicial to the interests of the ..... machinery for the allowance of depreciation and dismissed the appeal.8. on reference made to the high court under section 256(1) of the income-tax act, 1961, the high court took a resume of the relevant case law. the high court relied upon the decision of the supreme court in ..... ranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred thefollowing question of law to this court for opinion at the instance of the revenue :'whether, on the facts and in the ..... from the cost of the plant and machinery for the purpose of determining actual cost for allowance of depreciation. the revenue appealed against the said order to the income-tax appellate tribunal. the tribunal held that the subsidies granted on the fixed capital investment of the assessee were not deductible in computing the cost of plant and .....

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Sep 24 1999 (HC)

Commissioner of Income-tax Vs. Dhanaura Oil Industries

Court : Allahabad

Decided on : Sep-24-1999

Reported in : [2001]248ITR445(All); [2001]117TAXMAN780(All)

..... the draft assessment as aforesaid, does not curtail the assessee's right of appeal as available under section 246(1) or (2) of the income-tax act. that being the position we remit the matter to the commissioner (appeals) for fresh decision according to law. we make it clear that by the ..... no right of appeal and the tribunal having upset that view, its order setting aside the appellate order and remanding the appeal to the commissioner of income-tax (appeals) for fresh disposal was proper. in any case that view is not challenged in this reference. 6. further, the case was remanded ..... commissioner mentioned 'even otherwise the assessee has not raised any concrete argument nor furnished any material to show how and why the total income computed by the income-tax officer is not correct or that the addition made by him is not genuine.' we are of the view that the failure on ..... faulty and confused manner. next, the commissioner took the view that as the assessee had, on receipt of a draft assessment order from the income-tax officer under section 144b(1), failed to submit objections within the time allowed by law and that as consequently, the assessment in questionhad been finalised ..... 72 : 'whether, on the facts and in the circumstances of the case, the tribunal was legally correct in remitting the matter to the commissioner of income-tax (appeals) for deciding the appeal afresh after giving the assessee an opportunity of being heard ?' 2. we have heard sri prakash krishna, learned standing .....

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