Court : Andhra Pradesh
Decided on : Apr-27-2000
Reported in : 2000(4)ALD33; 2000(4)ALT215; 246ITR232(AP)
..... be taken as forming part of record of appeal and be taken into account for the purpose of correcting the mistake under section 35 of the income tax act, 1922. the ratio of that decision in our view, has no application as there is world of difference in facts. the ratio of the ..... ) :'we may clarify that, as far as completed transactions are concerned, namely, where, after the order for compulsory purchase under section 269ud of the income tax act was made and possession has been taken over, compensation was paid to the owner ofthe property and accepted without protest, we see no reason to upset ..... reddi, j. 1. the impugned order passed in exercise of the powers vested in appropriate authority under section 269ud(1) of the income tax act directs pre-emptive purchase of the property belonging to the estate of late mrs. leila d. lein and the payment by central government ..... 17315 of 1989, the high court stayed the dispossession of the petitioners. however, the possession was purportedly taken over by the nominated officer of the income tax department from respondent no.5 on 19-12-1989. by that time, the order of stay was not received by the appropriate authority. before taking ..... income tax officer's order relating to assessment year 1959-60.'19. it is on those peculiar facts, their lordships of the supreme court held that the subsequent decision of the tribunal regarding the value of closing slock of 1959-60 could form the basis for exercising the power under section 35 of the old act .....Tag this Judgment!
Court : Guwahati
Decided on : Mar-16-2000
..... -disclosure as regards any fact which could have a material bearing on the question of underassessment, that would be sufficient to give jurisdiction to the income-tax officer to issue notice under section 34 of the indian income-tax act, 1922, and whether these grounds are adequate or not, is not a matter for the court to investigate. he also cited the decision of this ..... the materials disclosed by the assessee. he cited the decision of the supreme court in kalyanji mavji and co. v. cit : 102itr287(sc) , in which the supreme court while interpreting section 34 of the indian income-tax act, 1922, held that the income-tax officer would have jurisdiction to reopen the original assessment even on the basis of information derived from an external source of ..... . this position of law would be clear from a bare reading of section 147 and the proviso thereto. he explained that similar provisions existed in section 34 of the indian income-tax act, 1922, and in calcutta discount co. ltd. v. ito : 41itr191(sc) , the supreme court held that to confer jurisdiction under section 34 of the indian ..... income-tax act, 1922,'to issue notice in respect of the assessment beyond the period of four years, but within a period of eight years, from the end of the relevant assessment year, .....Tag this Judgment!
Court : Mumbai
Decided on : Jun-19-2000
Reported in : 249ITR460(Bom)
..... being aggrieved, the department preferred an appeal to the tribunal. the said appeal has been dismissed. hence, the department has filed the present appeal under section 260a of the income-tax act.3. learned counsel appearing on behalf of the department contended that the point involved in this appeal needs to be considered. it was urged that the tribunal has relied upon ..... who visited india and stayed in hotels. the expenditure incurred by the assessee which came to be disallowed by the assessing officer was in view of rule 6d of the income-tax rules. the tribunal held that the assessing officer was entitled to make disallowance under rule 6d. the tribunal upheld the disallowance made by the assessing officer under rule 6d. ..... 1. the short point which arises for consideration in this appeal is : whether the commissioner of income-tax (appeals) was right in directing the income-tax officer to exclude the conveyance expenses and telephone expenses from computation of disallowance under rule 6d of the income-tax rules, 1962.2. the facts relevant for the purpose of deciding the above question are as follows :the controversy in ..... this case pertains to the assessment year 1989-90. the assessee-company is engaged in the business of manufacturing and sale of cranes, gas generators, etc. as per the tax audit report, disallowance was worked .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-13-2000
Reported in : 250ITR136(Bom)
..... ltd. : 131itr1(bom) . being aggrieved, the department has come in appeal to this court under section 260a of the income-tax act.4. mr. desai, learned counsel appearing on behalf of the revenue, contended that the assessee was not entitled to claim investment allowance ..... to this appeal briefly are as follows :the assessee is carrying on the business of data processing with the help of computers. the assessee derived income for the assessment year 1985-86 from computer hire. the assessee claimed investment allowance on the computers installed during the year. the assessing officer rejected ..... rival contentions advanced, we are of the view that in this matter the tribunal did not have the opportunity of considering the judgment of this court in cit v. r. shroff consultants p. ltd. : 238itr1018(bom) . it was contended on behalf of the assessee that the said judgment has no ..... 204itr412(sc) . he contended that the tribunal had not considered the above two judgments. he contended that the judgment of this court in the case of cit v. i. b. m. world trade corporation : 130itr739(bom) has no application to the facts of this case. hence, he contended that the tribunal ..... as well as additional depreciation as there was no production of an article in data processing. he relied upon the judgment of this court in cit v. r, shroff consultants p. ltd, : 238itr1018(bom) . he contended that in the said judgment, this court has taken the view, .....Tag this Judgment!
Court : Delhi
Decided on : Jul-13-2000
Reported in : (2000)162CTR(Del)264; 246ITR541(Delhi)
..... orderarijit pasayat c.j.1. this appeal under section 260a of the income-tax act, 1961 (for short the act) is in respect of order dated 7th june, 1999 passed by the incometax appellate tribunal, delhi bench-d (for short the tribunal) in ..... in question and thereforee an addition of rs. 10,51,021/- was made to the total income of the assessee. being aggrieved by the aforesaid order, assessed filed an appeal before the commissioner of income-tax (appeal) (in short the cit(a)) who reduced the addition in respect of rs. 4,11,075/- to rs. 2,93 ..... only in the subsequent year i.e. 1990-91. in fact it is accepted by learned counsel for revenue that such amounts were included in the income of the subsequent period and has been assessed also. it is to be noted that the assessed followed mercantile system of accounting during the relevant assessment year ..... figure as receivable and that having not been done, the assessing officer was justified in his conclusion about the concealment of income and under-statement of subsidy receivable. 5. we find that both the cit(a) and the tribunal noticed that the notification dated 28th march, 1989 was received by the assessed in the first ..... in the past also amounts received as arrears of subsidy at the revised rates were being included in the income of the year of receipt and assessments were completed accordingly. 6. that being the position, the cit(a) and the tribunal were justified in their conclusions about the non-sustainability of the addition made by the .....Tag this Judgment!
Court : Delhi
Decided on : May-02-2000
Reported in : 245ITR659(Delhi)
..... vii, who had the jurisdiction over the assessee, on october 12, 1994. it is only the commissioner of income-tax, delhi vii who could file a reference application under section 256(1) of the income-tax act. the application was accordingly filed by the commissioner of income-tax, delhi vii, within the prescribed time of sixty days. however the tribunal took the view that the period of ..... limitation commenced from january 24, 1992, when a copy of the order was served on the commissioner of income-tax, central-i and for that reason the ..... . anand construction co. pvt. ltd.  193 itr 330. in that case the order under section 256(1) had been served on the chief commissioner. thereafter the commissioner of income-tax had filed an application under section 256(2) and it was contended by the assessed that the date of service on the chief commissioner would be the starting of the ..... came to the conclusion vide the said judgment dated january 24, 1991, that what was material was the service on the commissioner of income-tax concerned and not the service on chief commissioner. it is the commissioner of income-tax concerned who alone has the jurisdiction to file application and it is imperative that it is he who should be served with a copy .....Tag this Judgment!
Court : Delhi
Decided on : Sep-18-2000
Reported in : 2001IAD(Delhi)14; 2000(56)DRJ24; 248ITR131(Delhi)
..... revenue, involve identical issues and thereforee are disposed of by the common judgment. on being moved under section 256(1) of the income-tax act, 1961 (in short the 'act'), the following questions have been referred for the opinion of this court. the dispute relates to the assessment years 1968-69, 1969- ..... appointment as a director. it was only a qualification but not the sole one. the assessed preferred appeals before the appellate assistant commissioner of income-tax (in short the 'aac'). the appellate assistant commissioner upheld the views of the assessing officer. the matter was carried in appeal before the ..... member upheld the views of the assessing officer as well as the appellate assistant commissioner, the accountant member was of the view that the income belonged to the hindu undivided family. the matter was referred to a third member, who concurred with the views of the accountant member. ..... that the commission was impressed with the character of the hindu undivided family, and (not ?) in the assessment of the assessed as his individual income ?'3. for the assessment years 1973-74, the following question has been referred :'whether, on the facts and in the circumstances of the ..... obtained the qualification shares from out of the family funds would not make the receipt, the income of the hindu undivided family. such principles were also stated in similar lines in dhanwatey (v.d.) v. cit : 68itr365(sc) .8. as the factual position highlighted above goes to show, .....Tag this Judgment!
Court : Rajasthan
Decided on : Nov-09-2000
Reported in : 248ITR350(Raj)
..... best judgment assessment under section 158bb in view of the explanation to section 158bb permitting resort to the provisions of sections 144 and 145 of the income-tax act, 1961. 3. we are of the opinion that so far as the contention of learned counsel for the appellant that the assessing officer has ..... , j. 1. heard learned counsel for the appellant. 2. in this appeal, the appellant has challenged the order of the income-tax appellate tribunal, dated may 24, 1999, setting aside the order of the assessing authority on the ground that the assessment made by ..... material has been found in the possession of the revenue authority before such returns can be rejected and thereafter to frame assessment estimating the income liable to tax to the best of judgment on the basis of the material that is available with him. 4. having perused the assessment order, we ..... to be after considering that material on record. it is the substance and the reasoning adopted by the tribunal that the assessing officer has estimated the income without reference to the material in his possession which cannot be countenanced. 5. thus, finding has rightly been reached by the tribunal on the ..... come in the possession of the assessing authority during the course of search proceedings and on which basis the belief about the existence of undisclosed income is entertained by the assessing authority inviting invocation of sections 158bb and 158bc. the enquiry into the correctness of such returns with reference to material .....Tag this Judgment!
Court : Chennai
Decided on : Feb-17-2000
Reported in : (2000)160CTR(Mad)107; 244ITR226(Mad)
..... the facts and in the circumstances of the case, the appellate tribunal was right in setting aside the order of the commissioner of income-tax under section 263 of the income-tax act, 1961, and thereby restoring the assessment order passed by the income-tax officer for 1975-76 ?'6. we are of the view that there is no infirmity in the order of the appellate tribunal ..... .1. this is a reference at the instance of the revenue challenging the order of the income-tax appellate tribunal cancelling the order passed by the commissioner of income-tax in exercise of his revisional power under section 263 of the income-tax act, 1961 (hereinafter referred to as 'the act').2. the facts leading to the present reference are that the assessee is a public charitable ..... manner and has applied his mind to the question of grant of exemption and considered the matter before granting exemption under the act. the commissioner of income-tax set aside the order of the income-tax officer on the score that the income-tax officer was not aware of the fact that the business of distributorship in fertilizer was donated in favour of the assessee and ..... trust and during the course of its assessment proceedings for the assessment year 1975-76, it claimed exemption under section 11 of the act. the income-tax officer accepted the claim of the assessee and in reaching the above conclusion, he departed from his earlier view arrived at: by him for the earlier assessment year 1974 .....Tag this Judgment!
Court : Chennai
Decided on : Oct-10-2000
Reported in : 251ITR843(Mad)
..... setting up of the sugar factory. though the commissioner may not be correct in his view that the subsidy granted is the reimbursement of the purchase tax as he referred to section 41(1) of the income-tax act, yet, while considering the scheme under which the subsidy was granted, it is clear that it is a production oriented subsidy and not for ..... challenging the order passed by the commissioner of income-tax under section 264 of the income-tax act, 1,961, hereinafter referred to as 'the income-tax act', relating to the assessment of the petitioner's income for the assessment years 1986-87 and 1987-88. 2. the only point that arose before the commissioner of income-tax was whether the purchase tax subsidy received by the assessee, which was returned ..... as part of total income had to be excluded treating ..... him to arrive at the same conclusion by a different process of reasoning. i, therefore, hold that the subsidy received by the petitioner was rightly held by the commissioner of income-tax as revenue receipt. both the writ petitions fail and are dismissed. however, in the circumstances there will be no order as to costs. consequently, w. m. p. nos. .....Tag this Judgment!