Court : Mumbai
Decided on : Oct-27-1999
Reported in : [2000(84)FLR764]; (2000)ILLJ1225Bom
..... bar to a company establishing more than one factory. the mere fact that the company ultimately consolidated the accounts of the two factories for the purposes of the companies act and the income-tax act are not indicative of the fact that the two factories constitute one establishment.14. considering in the light of these cases, except for the fact that respondent no. ..... factory after carrying trading activity for several years. the mere fact that respondent no. 2 ultimately consolidated the accounts of the two units, for the purposes of the companies act and the income-tax act, cannot result in a conclusion that, therefore, the two units constitute one establishment. it is not unknown that where one and the same company establishes separate, distinct and ..... of the two units are different and that same is the position in regard to maintenance of books of account. it is only for the purposes of income-tax act and certain requirements of the companies act, that there is consolidation of accounts and other informations, but this cannot bring about a functional integrality which alone has a bearing upon the application of ..... different factories at different places with each having its own separate accounts, consolidation is annually effected for the purposes of the companies act and the income-tax act. in these circumstances, the petitioner's claim for treating the two units as one establishment for the purposes of section 2-a of the .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-20-1999
Reported in : 106TAXMAN662(Bom)
..... tribunal was fight in law in holding that horses used for stock-breeding constitute ,plant' so as to be eligible. for depreciation under section 37 of the income-tax act, 1961 ?'2. this reference pertains to the assessment year 1978-79. the controversy is whether the horses used for stock-breeding constitute 'plant' for the purpose ..... saraf, j. - by this reference under section 256(1) of the income tax act, 1961 ('the act'), the tribunal has referred the following question of law to this court for opinion:'whether, on the facts and in the circumstances of ..... the horses having been used for the purposes of its business constituted 'plant' and, therefore, depreciation was allowable on cost thereof under section 32. the income tax officer rejected the claim of the assessee on the ground that the horses were held by the assessee as stock-in-trade. the assessee appealed to the commissioner ..... of depreciation under section 32 of the act. the material fact s are in a narrow compass. the assessee is engaged in the business of livestock breeding. for that purpose, it purchases and imports ..... controversy has now been set at rest by the amendment of section 43(3) by the parliament by the finance act, 1995 with retrospective effect from the inception of the act, ie., 1-4 -1962 to exclude tea bushes and livestock from the ambit of 'plant'. 1t is now made clear in the definition .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-02-1999
Reported in : 107TAXMAN71(Bom)
..... act, i.e., for not filing the returns for the year 1986-87 within time or on due date. according to the ..... for respondent no. 1.2. the petitioner-union of india through income-tax department has challenged the order of the additional chief metropolitan magistrate, 47th court, esplanade, mumbai, dated 7-8-1997 by which he discharged the accused under section 276-0 of the income tax act, 1961 ('the act'). the accused was prosecuted by the income-tax department by filing a complaint under section 276cc of the ..... must be given to the assessee before launching the prosecution. the trial court also relied upon the judgment of this court - panaji bench - in vishnoo v kamat tarcar v. first income tax officer : 207itr1040(bom) , wherein it has been observed by justice dr. e.s. de silva that since the provision under which the penalty was imposed by the department, being ..... notice.5. while dealing with these submissions, the trial court relied upon the judgments of the calcutta and rajasthan high courts in dunlop india ltd. v.arun chandra sinha asstt. cit : 211itr79(cal) and shree singhvi bros. v. union of india , respectively. the trial court has referred to these judgments and observed that both the calcutta high court and .....Tag this Judgment!
Court : Mumbai
Decided on : Feb-02-1999
Reported in : (1999)154CTR(Bom)483
..... by the court:this is an application under s. 256(2) of the income tax act, 1961 ('act'), filed by the revenue out of assessment year 1987-88 seeking a mandamus to the tribunal for 'drawing statement of case and referring the following ..... respect of question no. 1 was based solely on appreciation of facts. in the circumstances, the department has filed present petition under s. 256(2) of the act.3. heard the learned counsel for the parties. it was contended on behalf of the assessee that a finding of fact has been recorded by the tribunal that ..... -i of old appendix-1 being aggrieved by the order of the tribunal, the department filed an application before the tribunal under s. 256(1) of the act stating therein that the above questions be referred to high court for opinion. by order dt. 28-5-1997, the tribunal dismissed the said application on the ..... extra shift allowance of depreciation as claimed by the assessee was not available. being aggrieved by the order of the assessing officer, the assessee preferred appeal before the cit. by his order dt. 19-7-1990, the appeal came to be dismissed. by the said order the disallowance of rs. 63,600 being extra shift allowance ..... controversy involved is, whether the leave salary paid over and above the limit prescribed under s. 10(10aa) of the act is exempted and not includible for the purpose of disallowance under s. 40a(5) of the act. heard learned counsel for both the sides. this question is pure question of law.6. accordingly, the tribunal is .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Jun-15-1999
Reported in : 106TAXMAN234(AP)
ordermaruth, j.the following question is referred by the tribunal, hyderabad, under section 256(1) of the income tax act, 1961 (hereinafter referred to as `the act') at the instance of the revenue:'whether, on the facts and in the circumstances of the case, the appellate tribunal is justified in holding that an amount of rs. 1 ..... /16th share, interest and title in the properties and in the assets and liabilities, goodwill etc., in favour of the remaining partners is a revenue expenditure deductible from the total income of the assessee-firm?'2. the assessee is a registered partnership firm consisting of six partners. one shri a. rami reddy is one of the partners having 2 16th share ..... expenditure incurred by the assessee is a revenue expenditure. in support of their finding, they relied on clause- 11 of the partnership deed (extracted above) and also observations made in cit v. puran das ranchoddas : 169itr480(ap) . hence, the revenue is before us.4. to consider whether expenditure incurred by the assessee under the said circumstances mentioned above is revenue .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Oct-12-1999
Reported in : AIR1999SC3356; 1999(3)CTC452; JT1999(8)SC210; (1999)123PLR707; 1999(6)SCALE534; (2000)1SCC512; Supp3SCR619; 2000(1)LC89(SC)
..... , was held to be a part of the charitable activity. this decision docs not help the appellant as it was a decision rendered under the income tax act and the question which we are considering here had not arisen in that case.8. learned counsel for the appellant then referred to the decision of ..... there any intention or object to carry on those activities to earn profit. this again was the decision rendered under the income tax act and is not on the point involved in the present case whether the appellant was a 'consumer' within the meaning of the consumer protection ..... this court in commissioner of income tax, new delhi v. federation of indian chambers of commerce & industries, new delhi : 130itr186(sc) , and contended that if the dominant object of ..... that decision had further held in para 21 as under:21. we must, therefore, hold that:(i) the explanation added by the consumer protection (amendment) act 50 of 1993 (replacing ordinance 24 of 1993) with effect from 18.6.1993 is clarificatory in nature and applies to all pending proceedings.(ii) whether ..... : 3scr174 in support of the contention that the appellant was a 'consumer' within the meaning of the definition set out in the consumer protection act, 1986. the definition was considered by us and it was held that since the machinery in question was installed by the appellant for commercial purpose, it .....Tag this Judgment!
Court : Chennai
Decided on : Apr-23-1999
Reported in : 1999(2)CTC108
..... vegetable products ltd. : 26itr151(bom) where that court was concerned with the interpretation of the expression 'set up' as used in section 2 (ii) of the income-tax act. that court held:'it seems to us that the expression 'setting up' means, as is defined in the oxford english dictionary, 'to place on foot' or 'to ..... to the commencement of the factory. thereafter the high court referred to a decision of the bombay high court in western india vegetable products, ltd. v. commr. of income tax, bombay city : 26itr151(bom) and on its basis, concluded that the proper meaning to be assigned to the expression 'set-up' in section 5(1)( ..... and, after 15.2.1997, due to the reason that it was not informed prior to 14.2.199715. in western india vegetable products ltd., v. commr. of income-tax, bombay city : 26itr151(bom) , while dealing with the scope of the expression 'set up' it is held as follows:'it is important to consider whether ..... given backward areas. subsequently, in g.o.ms.no. 92 dated 22.2.1991 issued under sec. 17-a of the tamil nadu general sales tax act modified the abovesaid government order dated 14.5.1990 stating that the benefit given in g.o.ms.no.500 dated 14.5.1990 will apply only ..... madras high court (supra), has held as follows:'(7) condition no.(3) is that the unit should have been set up after the commencement of the wealth-tax act, 1957, i.e., after 1.4.1957. the controversy is as to the meaning to be attributed to the expression 'set up'. the question as to .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-09-1999
Reported in : 109TAXMAN279(Cal)
..... law has been referred to us for our opinion under section 256(1) of the income tax act, 1961 :'whether, on the facts and in the circumstances of the case and on appreciation of the ordinance and central board of direct taxes circular, the tribunal was justified in holding that the relief granted by the commissioner ..... provisions of 1983 ordinance and also consider the import of the circular dated 13-1-1971 issued by the central board of direct taxes under section 119 of the act. it will be only after we consider the provisions of the ordinance and the applicability of the circular in its true perspective that ..... of any liability and the cessation of any such liability in respect of any such undertaking after the coming into force of the act. in other words, the act clearly provided that no suit could be filed without the permission of the central government in respect of any liability that might have ..... with respect to the 'management' part.7. viewed thus, we find that the circular dated 13-1-1971 (supra) issued by the board of direct taxes cannot have any applicability to the facts of the present case, because that circular at that point of time (as in 1971) dealt with such undertakings ..... the central government or the custodian.'6. when we appreciate the preamble to the ordinance, in the light of section 3 thereof which relates to the act of taking over of the management of the undertakings and section 7 (supra), we find that the `liabilities' part remained with the companies whose .....Tag this Judgment!
Court : Sales Tax Tribunal STT West Bengal
Decided on : Oct-08-1999
Reported in : (2001)121STC134Tribunal
..... considered.according to him, those things were not considered in this case. he also referred to sati oil udyog ltd. v. commissioner of income-tax  232 itr 502 (gauhati) wherein retrospective amendment of section 143(1a) of the income-tax act was held to be ultra vires the constitution. mr. k.k. saha, learned advocate for respondents, opposed the contentions. he submitted that ..... the law was already there with effect from may 1, 1995 regarding imposition of tax on sales of imported, foreign made, sugar. of course, he submitted ..... importance under section 14 of the central act.sugar was not taxable under the bengal finance (sales tax) act, 1941 (in short, "the 1941 act") and the west bengal sales tax act, 1954 (in short "the 1954 act") and also under the west bengal sales tax act, 1994 (hereinafter referred to as "the 1994 act"). the 1994 act has replaced 1941 act and 1954 act with effect from may 1, 1995. ..... writ application under article 226 of the constitution of india, the point at issue is whether sales of sugar imported from foreign countries is exigible to sales tax under the west bengal sales tax act, 1994.2. the applicant's case in the main application may be summarised thus.he is the sole proprietor of adam and company which carries on business .....Tag this Judgment!
Court : Guwahati
Decided on : Aug-20-1999
..... power to recover debts by attaching the selling immovable properties whether they are subject-matter of the suit or not under the second schedule to the income-tax act, 1961. the recovery officer is neither the authority nor can he be vested with the power to decide the customary practice of nagas unless ..... power to recover debts by attaching and selling immovable property whether they are subject-matter of the suit or not under the second schedule of the income-tax act, 1961. the recovery officer is neither the authority nor can be vested with the power to decide the customary practice of nagas unless the ..... belongs exclusively to parliament under entry 97 of the union list as a topic of legislation.' that was the case with regard to the gift-tax act and the supreme court pointed out that there was no entry in the union list or the concurrent list and as such it will come within ..... dhillon : 83itr582(sc) , wherein while examining the constitutional validity of the amended wealth-tax act which included the capital value of agricultural land for the purpose of computing net wealth, the controversy waswhether the impugned act was a law with respect to entry, including entry 49 in list ii or was it one ..... and 4 have one-third share in the said lands and the said lands were acquired in the name of defendant no. 4 out of the income from the joint family business and properties of the late gonpatrai agarwalla and thereafter from the joint family business carried by defendants nos. 2, 3 .....Tag this Judgment!