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Judgment Search Results Home > Cases Phrase: income tax act Year: 1999 Page 1 of about 3,945 results (0.120 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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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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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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Oct 08 1999 (HC)

Walford Transport (Eastern India) Ltd. Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Oct-08-1999

..... authority disallowing cash payments to the extent indicated earlier. 7. so far as the legal position is concerned, there is no dispute that the provisions of section 40a of the income-tax act, 1961, are to be read with rule 6dd of the rules of 1962. sub-section (3) of section 40a provides that where an assessee incurs an expenditure making payment of ..... be explained to the authorities and indicating different kinds of expenditure which could be covered by rule 6dd of the income-tax rules. it has also been held that section 40a(3) of the income-tax act is to be read with rule 6dd of the income-tax rules, 1962. 10. so far as the facts of the present case are concerned, as indicated earlier the assessing ..... revenue filed appeal against the judgment of the commissioner of income-tax (appeals) before the income-tax appellate tribunal, guwahati bench, guwahati. the appellate tribunal upset the judgment of the commissioner of income-tax (appeals). it has been observed by the tribunal--'... we may point out that the provisions of section 40a(3) of the income-tax act must be read with the provisions of rule 6dd and so ..... brijesh kumar, c.j. 1. the questions of law referred for opinion of this court under section 256(2) of the income-tax act, 1961, are- '(i) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the appeal filed by the revenue is not barred .....

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Mar 30 1999 (HC)

Smt. Laxmibai A. Wagle Since Deceased Through Legal Representative and ...

Court : Mumbai

Decided on : Mar-30-1999

Reported in : 1999(4)ALLMR52; 1999(3)BomCR691; 2000(1)MhLj637

..... under section 148 read with section 147 of the income tax act, 1961, it would not be valid and proper. shri bodke wanted to submit that the inquiry whether the action contemplated is under section 147(a) or under section 147(b ..... revenue receipts. this can, hardly, be a ground for reopening assessment under section 147 read with section 148 of the income tax act, 1961 as it then was.13. income tax act is a taxing statute. the provisions of this act will have to be construed strictly. therefore, unless there is a clear case, which would give the assessing officer to exercise the jurisdiction to reopen the assessment ..... taxable and accepted the contention of the assessee without proper application of mind, he has jurisdiction to re-open the case under section 147 read with section 148 of the income-tax act.4. section 147, as it stood before the amendment, which came into effect from 1-4-1989, was as under:'if (a) the assessing officer has reason to believe that ..... a capital asset and the amount received by her is in the nature of capital receipt. hence not taxable under the income tax act, 1961.'in the assessment year 1985-86, the petitioner disclosed in the income tax as well as in the wealth tax returns that she has received a sum of rs. 3,22,936/- from m/s. zuari agro chemicals ltd., in consideration .....

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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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Jul 20 1999 (HC)

Commissioner of Income-tax Vs. J.N. Vas

Court : Mumbai

Decided on : Jul-20-1999

Reported in : [1999]240ITR101(Bom)

..... company to the assessee nor was it a salary paid or allowed to the assessee in the year under consideration and, therefore, cannot be taxed under section 15 of the income-tax act. it is against this background that the present question of law is referred to this court for its opinion.9. we have heard at length ..... annuity policy on the life of the assessee cannot be regarded as a perquisite within the meaning of section 17(2) of the income-tax act, 1961, and consequently cannot be included in the assessee's income under the'head 'salaries' ?'2. the facts which are relevant for the purposes of this reference may be summed up as follows ..... 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 revenue ;'whether, on the ..... allowed. however, it was partly allowed on some other count with which we are not concerned in this reference.8. the matter was carried to the income-tax appellate tribunal by the assessee. the tribunal came to a conclusion that in the facts and circumstances of the case the premium of the insurance policy paid ..... mr. r. v. desai, learned counsel for the revenue. none appeared for the assessee. our attention is drawn to the decision of this court in j. h. doshi v. cit .....

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