Skip to content


Judgment Search Results Home > Cases Phrase: patents Sorted by: old Court: punjab and haryana Year: 2002 Page 1 of about 52 results (0.022 seconds)

Jan 02 2002 (HC)

Commissioner of Income-tax Vs. Metro Motors

Court : Punjab and Haryana

Decided on : Jan-02-2002

Reported in : [2002]254ITR78(P& H)

jawahar lal gupta, j. 1. the tribunal has referred the following question for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the payment of annual lease to the company in lieu of transfer of assets is not an expense of capital nature ?' the assessee is a registered firm. it filed its return of income for the assessment year 1978-79. it had taken over the business from m/s. metro motors for a consideration of rs. 1 lakh. it had also agreed to pay annual lease money of rs. 5,000. the assessing officer initially allowed the expense of rs. 5,000 per year to the assessee. later on, an order of enhancement was passed and the expense of rs. 5,000 per year was disallowed. the assessee appealed. the tribunal accepted the claim of the assessee. it found that as the amount of rs. 5,000 was being paid 'in addition to the outright payment of goodwill in a sum of rs. 1 lakh, the annual lease rent was admissible to the assessee . . .' 2. the solitary contention raised by mr. r. p. sawhney, learned counsel for the revenue, is that the amount of rs. 5,000 was being paid annually in lieu of the goodwill and not on account of transfer of assets. thus, the view taken by the tribunal is not tenable. 3. the contention raised by counsel cannot be accepted. it has been found as a fact that the assessee had paid an amount of rs. 1 lakh to metro motors private limited 'as goodwill'. still further, nothing has been .....

Tag this Judgment!

Jan 02 2002 (HC)

Commissioner of Income-tax Vs. Ravail Singh and Co.

Court : Punjab and Haryana

Decided on : Jan-02-2002

Reported in : (2002)173CTR(P& H)429; [2002]254ITR191(P& H)

jawahar lal gupta, j. 1. the assesses is a registered firm. it filed its return of income for the assessment year 1970-71. it declared a loss of rs. 9,190. the assessing officer made certain additions and found that the assesses was liable to pay tax on a total income of rs. 1,34,470. on appeal, an addition of rs. 85,000 to the trading account and another addition of rs. 7,800 on account of disallowance of expenses were sustained. 2. the assessing officer initiated proceedings for imposition of penalty under section 271(1)(c) of the income-tax act, 1961. vide order dated november 29, 1975, the inspecting assistant commissioner imposed the penalty of rs. 92,800. the assessee appealed. the tribunal sustained the claim of the assessee with the finding that the additions have been made on the basis of estimate and that there was no concealment. 3. the revenue filed a petition under section 256(1) of the income-tax act, 1961. it was dismissed. on a petition under section 256(2) and in pursuance of the directions given by a bench of this court, the tribunal has referred the following two questions for the opinion of this court: '(1) whether, on the facts and in the circumstances of the case, the tribunal is right in holding that the inspecting assistant commissioner is not justified in taking the view that mens rea need not be established in the proceedings drawn under section 271(1)(c) (2) whether, on the facts and in the circumstances of the case, the tribunal is right in law in .....

Tag this Judgment!

Jan 04 2002 (HC)

Commissioner of Income-tax Vs. Sachdeva Steel Rolling Mills

Court : Punjab and Haryana

Decided on : Jan-04-2002

Reported in : [2002]254ITR168(P& H)

n.k. sud, j. 1. the income-tax appellate tribunal (for short 'the tribunal'), amritsar bench, has referred the following question under section 256(1) of the income-tax act, 1961 (for short 'the act'), for determination by this court: 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal had material before it for holding that penalty under section 271(1)(c) of the income-tax act was not exigible in the instant case ?' 2. the relevant facts are that the assessee-firm is engaged in the business of steel rolling. for the assessment year 1977-78, the income-tax officer completed the assessment under section 143(3) of the act vide order dated march 22, 1980, wherein an addition of rs. 30,000 was made in the returned income on account of unexplained cash credit appearing in the books of the firm in the name of one of its partners--smt. dev ichhya. the income-tax officer had also initiated proceedings under section 271(1)(c) of the act for levying of penalty for concealment in respect of the aforesaid amount of rs. 30,000. in the penalty proceedings, it was explained that smt. dev ichhya had deposited rs. 30,000 in her personal savings bank account with the punjab national bank, jaitu, and the credit appearing in her capital account was on account of a cheque issued by her against the aforesaid account. the assessee, therefore, claimed that the credit stood duly explained and could not have even been treated as income under section 68 of the .....

Tag this Judgment!

Jan 07 2002 (HC)

Commissioner of Income-tax Vs. Soccer International

Court : Punjab and Haryana

Decided on : Jan-07-2002

Reported in : (2002)174CTR(P& H)42; [2002]254ITR287(P& H)

n.k. sud, j.1. at the instance of the revenue, the following question of law has been deferred to this court by the income-tax appellate tribunal (for short 'the tribunal') under section 256(1) of the income-tax act, 1961 (for short 'the act') :'whether, on the facts and in the circumstances of the case, the appellate tribunal is right in law in holding that the reference made under section 144b of the income-tax act was bad in law and the assessment made on july 31, 1982, is barred by limitation ?'the assessee-firm derived income form the export of sports goods for the assessment year 1979-80. a return showing an income of rs. 3,78,230 was filed on october 29,1979. the income-tax officer, special circle-ii, jalandhar, computed the total income at rs. 7,47,350 vide assessment order dated july 31,1982. this was done after making a reference under section 144b of the act to the inspecting assistant commissioner of income-tax (asstt.) range, jalandhar, and obtaining instructions from him. in this process, the income-tax officer availed of the extended period of limitation as provided in clause (iv) of explanation 1 of section 153(3) of the act.the assessee challenged the assessment on the ground that the income-tax officer had wrongly followed the procedure laid down under section 144b of the act, and, therefore, the extended period of limitation was not available for completing the assessment. it was claimed that the income-tax officer had concurrent jurisdiction along with the .....

Tag this Judgment!

Jan 08 2002 (HC)

Commissioner of Income-tax Vs. Industrial Cables (India) Ltd.

Court : Punjab and Haryana

Decided on : Jan-08-2002

Reported in : [2002]254ITR267(P& H)

jawahar lal gupta, j.1. the assessee-company set up an industrial unit in a backward area. it constructed temporary quarters for the labour. it also provided a kacha (temporary) road for the quarters. the assessee claimed that the expense was a revenue expenditure. the assessing officer did not accept the claim. on appeal, the commissioner of income-tax (appeals) found that the construction was temporary. the entire expenditure was admissible as revenue expenditure under section 37 of the income-tax act, 1961. on appeal, the tribunal held that the deduction had been rightly allowed by the appellate authority.the revenue filed a petition under section 256(1) of the act. on a consideration of the matter, the tribunal has referred the following question for the opinion of this court :'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in allowing expenditure on kacha road linking workers' quarters with factory as assessee's revenue expenditure ?'admittedly, the company had made a kacha road. it was not an asset of an enduring nature. thus, it was rightly treated as a revenue expenditure for the purpose of section 37 of the act. even if it be treated as a capital expenditure, in view of the admitted position that it was a temporary structure, the assessee was entitled to claim 100 per cent, depreciation.in view of the above, the question is answered in the affirmative, i.e., against the revenue and in favour of the assessee.no .....

Tag this Judgment!

Jan 10 2002 (HC)

Vikas Gupta Vs. State of Punjab

Court : Punjab and Haryana

Decided on : Jan-10-2002

Reported in : 2002CriLJ4165; II(2002)DMC45

..... was entrusted to investigate into the case by the state government. resultantly, the notification issued withdrawing the consent to enable the state police to further investigate into the case is patently invalid and unsustainable in law. in view of this finding of ours we need not go into the questions, whether section 21 of the general clauses act applies to the .....

Tag this Judgment!

Jan 10 2002 (HC)

Oriental Science Apparatus Workshops Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Jan-10-2002

Reported in : [2002]254ITR271(P& H)

jawahar lal gupta, j.1. the income-tax tribunal has referred the following three questions for the opinion of this court:'1. whether, on the facts and circumstances of the case, the income-tax appellate tribunal was right in law in having disallowed the assessee's claim of weighted deduction under section 35b(1)(b)(viii) on the expenditure incurred by it on air, sea and railway freight, etc., by relying on the decision of the special bench in the case of j. hem chand co., without independently applying its mind ? 2. whether, in view of the provisions of sub-clause (vii) of section 35b(1)(b), the tribunal was right in law in having disallowed a sum of rs. 5,000 as also the weighted deduction on it out of the expenses incurred by the partners for travelling outside india to promote the exports ? 3. whether, on the facts and circumstances of the case, the tribunal was right in law in having restricted the meaning of the word 'advertisement' as appearing in section 37(3) by holding that the souvenirs mentioning 'with best wishes from' or 'with best compliments from' the 'assessee' did not contain advertisement by the assessee ?' mr. i. k. mehta, learned counsel for the assessee, at whose instance the above questions have been referred for the opinion of this court does not press questions nos. 1 and 2. resultantly, these questions are answered against the assessee.so far as question no. 3 is concerned, it has been alleged by counsel that the publications in the souvenir with the .....

Tag this Judgment!

Jan 11 2002 (HC)

Surinder Kumar Vs. Union Territory Chandigarh and ors.

Court : Punjab and Haryana

Decided on : Jan-11-2002

Reported in : AIR2003P& H77

jawahar lal gupta, j.1. the petitioner was enrolled as a member of the silverton co-op. house building society ltd. on december 15, 1987. he was allotted membership no. 345. the main object of the society was to construct and manage residential accommodation for its members. the society applied for the allotment of land to the chandigarh administration. when the needful was not done, it filed c.w.p. no. 1454 of 1992. the petition was admitted vide order dated may 11, 1992. certain interim directions were also given. it was inter-alia directed that the petitioner shall deposit 10% of the tentative price within the time permitted by the court.2. in pursuance to the interim directions given by the court the society called upon the eligible members including the petitioner to make the deposit. the petitioner deposited an amount of rs. 12,200/-. the draft submitted by the petitioner to the society was forwarded to the estate officer, union territory chandigarh. subsequently, the petitioner was forwarded to the estate officer, union territory chandigarh. subsequently, the petitioner was informed that this draft had been returned by the estate officer with the direction that the deposit be made with the chandigarh housing board.3. after the lapse of about seven years the housing board called upon the society to deposit 25% of the earnest money towards the cost of the land. a copy of this letter has been produced on the record as annexure p-9. a perusal of this letter shows that the .....

Tag this Judgment!

Jan 25 2002 (HC)

Punjab National Bank Vs. State Bank of India and ors.

Court : Punjab and Haryana

Decided on : Jan-25-2002

Reported in : [2002]111CompCas655(P& H)

m.m. kumar, j. 1. this revision petition is directed against the order dated 11.5.1993 passed by sub judge 2nd class, chandigarh dismissing the application of the petitioner-plaintiff filed under order 1, rule 10 of the code of civil procedure (for brevity, the code) seeking impleadment of legal representatives of one shri sukhchain singh.2. the petitioner-plaintiff filed a suit for mandatory injunction against respondent-defendant no. 1 seeking direction that respondent-defendant no. 1 be restrained from making payment concealing special bearer bonds to any one else except the petitioner-plaintiff. during the course of proceedings, the trial court ordered that shri ratesh kumar and miss kavita may be impleaded as defendants as they were considered necessary parties because they have claimed to be the owners and in possession of the bearer bonds which is subject matter of the suit. after the impleadment of shri ratesh kumar and miss kavita, it was revealed that they had purchased the disputed bearer bonds from one shri sukhchain singh which is claimed by the petitioner-plaintiff to be its property. the special bearer bonds are worth rs. 1,20,000/-. the petitioner-plaintiff had issued a bank guarantee to the tune of rs. one lac in favour of haryana state industrial development corporation. the bonds were alleged to be stolen from the bank and a first information report no. 91 of 1986 was lodged at police station, sector 17, chandigarh on 27.2.1986. shri sukhchain singh who is .....

Tag this Judgment!

Jan 29 2002 (HC)

Commissioner of C. Ex., Chandigarh-i Vs. Eastman Cast and Forge Ltd.

Court : Punjab and Haryana

Decided on : Jan-29-2002

Reported in : 2002(141)ELT631(P& H)

orderjawahar lal gupta, j.1. m/s. eastman cast & forge ltd., ludhiana, is engaged in the manufacture of hand tools. it submitted its 'return' for the period from december, 1994 to march, 1995. it claimed modvat credit of rs. 66,175.20 p. this claim was rejected by the assessing officer on the ground that the aloric belt, shaka hearth and grinding wheel were not used for manufacturing or processing of finished goods as contemplated under the explanation to rule 57q of the central excise rules, 1944. aggrieved by the order, the respondent-assessee filed an appeal. the appellate authority found that the items viz. the aloric belt, the shaka hearth and the grinding wheel were being used in 'the integral manufacturing process of final product ....'. aggrieved by the order passed by the commissioner (appeals), the revenue approached the tribunal. its claim was rejected. the order of the appellate authority was affirmed. hence this 1 on appeal from 2000 (120) e.l.t. 113 (tribunal). petition under section 35h(1) of the central excise act, 1944 with the prayer that the tribunal be directed to make a reference to this court.2. we have heard mr. sehgal, learned counsel for the revenue. he submits that the goods for which the modvat credit had been claimed by the respondent-assessee are not covered by the provision of rule 57q. is it so?3. at the relevant time the capital goods under rule 57q of the rules were defined as under :-'machine, machinery, plant, equipment, apparatus, tools, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //