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Case Laws
Showing 61 to 80 of 96 Records
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1975 (3) TMI 36 - ITAT INDORE
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... ... ..... ts of the present case. 10. As regards the last item of the claim of LIP from the assessment order itself it is clear that the assessee had produced before the ITO two receipts regarding the payments of two sums of Rs. 510 and Rs. 4,844 on account of the LIP. If the assessee had claimed these amount of payment in this assessment year deliberately and dishonestly, it does not appeal to us that the assessee would have presented the two receipts evidencing there payments. Thus the conduct of the assessee in producing the receipts before the ITO in the assessment proceedings shows that the assessee was under the belief that the LIP payment evidence by those receipt was allowable other in the assessment year in question. In view of what has been said above, we hold that no case was made out against the assessee for the levy of penalty. We accordingly accept the appeal, set aside the impugned order of the IAC and quash the penalty imposed on the assessee. 11. The appeal is allowed.
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1975 (3) TMI 35 - ITAT DELHI-A
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... ... ..... Representative on the above facts supported the action of the ITO. Shri Sapra, on that the other hand, relied on the order of the AAC and contended that in any case inclusion under s. 64(ii) would be referable to the individual and not to the assessee family. We do not find any discussion in the assessment order as to why the ITO included the minor rsquo s share (Alok Kumar)in the hands of the assessee family. The ITO appears to have done it (according to the assessee rsquo s learned counsel) overlooking the fact that he was including the said 9 per cent share of profit of Alok Kumar in the hands of the assessee family (which is not a natural person but only a juridical entity) and not in the hands of the father (individual) Kanhaiya Lal Rajgarhia. In other words the ITO rsquo s addition is not shown to be based on any intelligible grounds and the addition cannot therefore be supported. In these circumstances we decline to interfere. 10. In the result the appeal is dismissed.
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1975 (3) TMI 34 - ITAT COCHIN
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... ... ..... trialists and an item of Rs. 3,102 spent on the Officers of Hindustan Steel. There is no doubt from the details given that they are entertainment expenses as envisaged in the statute. The disallowance will be confirmed. Asst. yr. 1973-74. Rs. 5,078 paid by the assessee by way of interest on delayed payment of advance Income-tax has been claimed as deductible. It is now well settled that it cannot be allowed as a deduction. The claim is to be rejected. Rs. 730 has been paid as travelling expenses in connection with business for their guests. This had been disallowed by the ITO and the AAC. We are of opinion that that this should be allowed. 9. In the result, all the appeals are partly allowed. In respect of the expenses incurred on feasibility reports etc. the AAC would go into the matter again after looking into the evidences produced by the Assessee. He would also decide on the nature of expenses incurred which had been disallowed as entertainment for the asst. yr. 1971-72.
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1975 (3) TMI 33 - ITAT COCHIN
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... ... ..... 25 days in his computation of the additions to be made he had taken this into account again. This obviously an oversight. 10. Since we are dealing with the book results, we have to consider the overall picture. We find that the assessee had shown a gross profit rate of 5 per cent. In the earlier year a gross loss was shown. In the still earlier year a gross profit of 9.3 per cent was shown. The production of yarn has been found to be satisfactory. We have not accepted the Department s claim of excessive wastage. No criticism has been found regarding the finished products and the sale thereof. Nothing has been said about valuation of the closing stock. What now remains for consideration is the purchases. Since this has been conceded to be a point for the purpose of estimating the income, we are of opinion that on the facts and circumstances of the case the addition to be made will be Rs. 70,000. The ITO is directed to substituted this figure. 11. The appeal is partly allowed.
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1975 (3) TMI 32 - ITAT AHMEDABAD
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... ... ..... possible for the ITO to verify all the details of income and expenses. In such a case the AAC was justified in sustaining the addition of Rs. 2,500. Similarly, the assessee could not establish the genuineness of the amount of Rs. 1,500 standing in the name of Vimal Kanwar. We appreciate the circumstances in which the assessee was placed. But the fact remains that unless the cash credit in her accounts is satisfactorily explained the same has got to be added alongwith interest thereon. The interest on credit standing in the name of Bhikaram, however, cannot be sustained because the interest has been credited on the deposits made earlier when Shri Pukhraj was the sole proprietor of the business. Therefore, having regard to all the facts of the case, we direct that the interest payable to Shri Bhikaram is deleted and all other additions and disallowances made are confirmed. 8. In the result the appeal bearing No. 292 is allowed and the appeal bearing No. 221 is partly allowed.
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1975 (3) TMI 31 - HIGH COURT OF KERALA AT ERNAKULAM
Seizure/Detention of goods and documents - Confiscation and penalty ... ... ... ... ..... ion 110(1) or an actual seizure under Section 110(1) of the Act. There seems to be considerable force in this argument. The Petitioner has made a representation to the first respondent on 18-8-1973, a true copy of which is Ext. P2. That representation has not yet been disposed of by the first respondent. I, therefore, direct the first respondent to dispose of Ext. P2 representation within a fortnight from the date bearing in mind that the petitioner has been deprived of the right to deal with the goods in question for nearly about two years by this time. No other direction appears to be necessary in this writ petition, and therefore this writ petition is disposed of with a direction to the first respondent to dispose of Ext. P2 representation, submitted by the Petitioner, within a fortnight from this date. The petitioner will be at liberty to approach this Court again if aggrieved by the order that might be passed by the first respondent on Ext. P2 representation. No. costs.
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1975 (3) TMI 30 - HIGH COURT OF JUDICATURE AT BOMBAY
Remission of duty on pilfered, lost or destroyed goods - Customs - Public Notice ... ... ... ... ..... ioners on the imports of the goods and after ignoring the conditions mentioned in the Public Notice No. 22 dated 27th February 1964. 11. I am not deciding any other points raised in the Petition on the question of the procedure to be followed by the Respondents in accordance with the goods imported by the Petitioners nor am I deciding any other questions raised in the Petition as in my opinion, the Petitioners are entitled to reliefs on the ground that the Public Notice No. 22, dated 27th February 1964, is to the extent mentioned alone bad in law. The Petitioners are therefore not prevented from agitating the other questions raised in the Petition hereafter if need may arise. 12. In the result, I, therefore, allow the Petition and make the Rule absolute to the extent stated above, in terms of prayer (a) and also direct the Respondents not to act upon the letter dated 9th October 1969, being Exh. F, to the Petition. 13. There will be no order as to the costs of this Petition.
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1975 (3) TMI 29 - HIGH COURT OF CALCUTTA
Seizure of goods - Distinction between - `Reason to believe' - Connotation of - Order by consent -Personal penalty - Estoppel - Importation of goods without licence - Effect - Stay by order/injunction of Court - Computation of period of limitation - Procedure - Appeals
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1975 (3) TMI 28 - HIGH COURT OF GUJARAT AT AHMEDABAD
Appeal filed by registered post ... ... ... ... ..... not paid full duty and what was to be taken into account for working out difference which was only 70 paise duty paid and not leviable Rs. 1-10 paise duty as contended by Mr. Shah. Therefore, the excise authorities were right in recovering the difference on that footing. Therefore, there is no substance in any of the three legal contentions raised by Mr. Shah. As however the appeal was wrongly rejected by the Collector on the ground of limitation, the matter must go back in the Collector for disposal of the appeal on merits as Mr. Shah contends that his other contentions on merits still remains to be disposed. In that view of the matter this petition is allowed by quashing the orders in appeal and revision only at Annexures N and P and the Collector shall now dispose of the pending appeal which is held to be within time as early as possible in the light of the aforesaid observations. Rule is accordingly made absolute with no order as to costs in the circumstances of the case.
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1975 (3) TMI 27 - KARNATAKA HIGH COURT
Profit On Sale ... ... ... ... ..... because it was he who was legally entitled to actual possession thereof, being the tenant thereof. The assessee had no legal right to possession of that flat and she could only reside there as a member of the family of the tenant, namely, her husband. When her husband had the legal right to be in possession and to the use of that flat, and her right to reside therein was only as a member of his family, how can it be said that the flat was being used mainly for the purpose of her own residence ? On both the above grounds we agree with the view taken by the Tribunal and our answer to the question referred to us is in favour of the department and as follows On the facts and in the circumstances of the case, the assessee was not entitled to exemption under section 54 of the Income-tax Act, 1961, on the long-term capital gains arising on the sale of her house property in Bombay. In the circumstances of the case, the parties are directed to bear their own costs in this reference.
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1975 (3) TMI 26 - PATNA HIGH COURT
Mistake Apparent From Record, Rectification ... ... ... ... ..... of rent on the basis of municipal valuation as in law he was bound to do. A presumption with regard to such a valuation as being reasonable annual letting value for the purposes of section 23 certainly attached to it and in the absence of any other material on record, it was the only safe guide on the basis of which the annual letting value for the purposes of section 23 could be fixed. Thus, taking into consideration the question in all its ramifications, I am constrained to hold that, on the facts and in the circumstances of the case, for determination of the annual value under section 23, the rent fixed by the Rent Control Act Bihar Buildings (Lease, Rent and Eviction) Control Act, 1947 could be taken into consideration. I, accordingly, answer the question in the affirmative, in favour of the assessee and against the department. But, in the circumstances of the case, there shall be no order as to costs. S. N. P. SINGH C.J.--I agree. Question answered its the affirmative.
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1975 (3) TMI 25 - KARNATAKA HIGH COURT
Commissioner To Revise, Income Tax Act, Revision By Commissioner ... ... ... ... ..... ting the voluntary return. Since no such inquiry was made by the Income-tax Officer in all these cases, the assessments must be held to be prejudicial to the interests of the revenue, and what is prejudicial to the interests of the revenue must be held to be erroneous though the converse may not always be true. The Commissioner, in my view, was, therefore, right in revising the assessments under section 263 of the Act. The petitioners have not been prejudiced in any way by not disclosing to them the nature of the materials collected by the Commissioner behind their back. The Commissioner has directed the Income-tax Officer to make the assessments afresh according to law after making proper enquiries. The petitioners will have full opportunity of showing to the Income-tax Officer that the assessments earlier made were correct and the enquiries subsequently made were incorrect. In the result, rules in these petitions are discharged, with costs. Advocate s fee Rs. 100. One set.
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1975 (3) TMI 24 - PUNJAB AND HARYANA HIGH COURT
Additional Tax On Urban Assets, Burden Of Proof, Higher Rate, Reasonable Classification, The Constitution, Urban Land Tax
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1975 (3) TMI 23 - MADRAS HIGH COURT
Assessment Proceedings, Levy Of Penalty, Penalty Proceedings ... ... ... ... ..... pplementary statement from the Tribunal or to remand these cases to the Tribunal for a fresh hearing. As seen earlier, the authorities under the Act have completely misdirected themselves as to the questions of fact to be decided. Hence, there is need for a fresh enquiry. Therefore, it will be in the interest of the parties to remand the cases to the Tribunal for a fresh enquiry on the lines suggested earlier. We order accordingly. We think it proper to adopt the same course in the present case also. We have, therefore, to return the reference on the first question as unnecessary. The Tribunal will go into the question of cost of construction de novo. The levy of penalty will then be considered in the light of the conclusion arrived at as regards the cost of construction. In the result, the second question is answered as indicated earlier and the reference on the first question is returned. As neither party has succeeded in this reference, there will be no order as to costs.
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1975 (3) TMI 22 - MADRAS HIGH COURT
Business Expenditure, Foreign Company, Manufacturing Company ... ... ... ... ..... ons under the Income-tax Act, 1961. The learned counsel for the assessee relying on certain clauses in the agreement wanted to submit that the agreement is a composite document providing for not only the supply of know-how but also for providing training facilities at their workshop in England for the selected Indian technicians and that only that portion of the consideration relatable to the technical know-how alone could be disallowed. The revenue on the other hand contended that the whole thing is know-how and there is no question of apportionment for any revenue expenditure. We may point out that the allocation, if any, in the consideration paid is not covered by the question referred for our decision and it had not even been argued before the Tribunal or the authorities. Therefore, we cannot consider this point. For the foregoing reasons, we answer the reference in the negative and against the assessee with costs. Counsel fee Rs. 250. Reference answered in the negative.
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1975 (3) TMI 21 - ORISSA HIGH COURT
Immovable Property, Income Tax Act, Movable Property ... ... ... ... ..... some of its recommendations were laid before Parliament and emerged in the shape of the amending Act of 1972. The amending Act in these circumstances cannot be held to be beyond the range of legislative competence. The second contention of Mr. Mohanty must, therefore, be repelled. We find support for the view we have taken from a decision of the Delhi High Court in the case of Mahavir Metal Works P. Ltd. v. Union of India, where a challenge on the basis of the present contentions and some others was rejected. The factual aspects of the dispute need not be examined by us because the petitioner is free to appear before the competent authority and satisfy him that it is not a fit case where a proceeding under section 269D of the Act need be initiated. An examination of that aspect of the claim of the petitioner by us is premature. We, therefore, do not go into that question. The writ application fails and is accordingly dismissed. We make no order as to costs. PANDA J.-I agree.
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1975 (3) TMI 20 - KERALA HIGH COURT
Assets To Spouse, Attributable To ... ... ... ... ..... f the rent is attributable to the building alone will have, therefore, to be determined. This has not been done. The question referred to us, therefore, can only be answered in the following manner. The Tribunal has erred in including the entire income (the sum of Rs. 4,457) as income derived from the assets transferred directly or indirectly by the assessee to his wife. There is no doubt that the income derived from the assets transferred by the assessee to his wife can only be a part of the sum of Rs. 4,557. What part it is is not for us to decide nor have we any material before us for doing so. The Tribunal must decide this after re-hearing the appeal and if necessary after collecting additional material and taking evidence. We answer the question accordingly. We direct the parties to bear their respective costs. A copy of this judgment under the seal of the High Court and the signature of the Registrar will be forwarded to the Income-tax Appellate Tribunal, Cochin Bench.
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1975 (3) TMI 19 - ALLAHABAD HIGH COURT
Individual Income, Registered Firm, Set Off, Unregistered Firm ... ... ... ... ..... of loss is being claimed by a partner who is an individual and not by the firm itself. We have appended these observations with the hope that the Supreme Court will, when an occasion arises, decide the question and set at rest the conflict which prevails at the moment. We, however, make no order as to costs. A. BANERJI J.--I agree with the reasons and the conclusion indicated in the judgment of brother, Gulati J. that the question referred to the Full Bench must be answered in the negative. However, in my opinion, it is not necessary to express any opinion as to which of the two views taken by the different High Courts is to be preferred. In fact there was no argument at the Bar on the merits of the two differing views. SATISH CHANDRA J.--I agree with brother, Banerji J. BY THE COURT The question referred to this court is answered in the negative, in favour of the department and against the assessee. The Commissioner would be entitled to costs, which are assessed at Rs. 200.
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1975 (3) TMI 18 - MADRAS HIGH COURT
Estate Duty ... ... ... ... ..... this identical question is the subject of a reference in this group of charitable trusts. The point taken is that so long as a notice was given within the time, the condition for exemption has been fulfilled, and that the investment within any time limit is not necessary even on the language of section 11(2). It is not necessary now to decide the point, as it is possible to consider it in the reference, about which directions have been given to the Tribunal in the petitions filed under section 256 of the Act. In the result, we agree with the judge in holding that paragraph 2 of Form No. 10 was not validly prescribed. Paragraph 4 of Form No. 10 would also have to be struck down as ultra vires, as the prayer contained therein is made conditional on the assessee complying with the time limit prescribed in paragraph 2. The appeals are dismissed with costs in W. As. Nos. 167 to 169 of 1972. There will be no order as to costs in W.A. No. 170 of 1972. Counsel s fee Rs. 250 in each.
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1975 (3) TMI 17 - MADRAS HIGH COURT
Capital Or Revenue Expenditure, Collaboration Agreement, Foreign Company ... ... ... ... ..... ed counsel for the assessee argued that the consideration payable under the agreement was not a lump sum payment and it is a periodical payment which was linked and made dependent on the turnover and that, therefore, the payment cannot be treated as capital expenditure. This point also we have discussed in detail in our judgment in T.C. No. 299 of 1968 (Fenner Woodroffe and Co. Ltd. v. Commissioner of Income-tax). We have there held that it is the aim and object of the expenditure that would determine the character of the sum, whether it is capital or revenue expenditure and neither the source nor the manner of payment are the sole test. The fact that the agreement did not fix any lump sum consideration but referred to a periodical payment linked to the production or turnover, does not in any way take it out of the category of a capital expenditure. For the foregoing reasons, we answer the reference in the affirmative and against the assessee with costs. Counsel fee Rs. 250.
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