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Showing 61 to 80 of 90 Records
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1973 (11) TMI 30 - GUJARAT HIGH COURT
High Court, Supreme Court, Writ Petition ... ... ... ... ..... he original assessments, it is a fit case in which provisions of section 72 of the Contract Act would apply. It was pointed out that in such cases the courts in England and the Supreme Court in India have allowed the refund of the amount of tax paid under mistake. Since we have held in favour of the petitioner on point No. 1, and are ordering the Commissioner to proceed with the revision applications preferred by the petitioner after condoning the delay in filing them, we do not think it should be advisable to express any opinion on these contention of the parties. In the result, therefore, this writ application should be allowed. The order of the Commissioner dated 29th January, 1970, found at annexure D is set aside, the delay in filing the revision applications is condoned and the Commissioner is directed to proceed further in the matter and to dispose of all the revision applications preferred by the petitioner on merits. The rule is accordingly made absolute with costs.
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1973 (11) TMI 29 - ALLAHABAD HIGH COURT
Cash System, Income From Other Sources, Income Tax Act ... ... ... ... ..... 8,000 could be assessed under section 10(2A) only if it had been allowed as a deduction by way of bad debt in the past and had been realised in the relevant previous year. This is not the case here. As such, the question of its being assessed under section 10(2A) did not arise. This provision applies to the sum of Rs. 4,000 which the assessee received in the relevant previous year from M/s. Naraindass Gopaldass out of a total debt of Rs. 3,30,896 including the arrears of rent which the assessee had written off in the previous year relevant to the assessment year 1956-57. That amount has already been brought to tax under section 10(2A). There is no question of the sum of Rs. 8,000 which is the subject-matter of this reference being taxed under section 10(2A) of the Act. We, accordingly, answer the question in the negative, in favour of the assessee and against the department. The assessee is entitled to the costs which we assess at Rs. 200. Question answered in the negative.
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1973 (11) TMI 28 - KERALA HIGH COURT
Supplementary Statement ... ... ... ... ..... et read with schedules. The implications of the entries in the profit and loss account and balance-sheet read with schedules have to be understood in the light of the powers of the directors and the provisions of the Companies Act. Counsel for the assessee has stated before us that these documents have been made available to the Tribunal. In any view we think that an advertance to these documents and the provisions of the Companies Act and the implications of showing an item as liability in the profit and loss account and balance-sheet have to be adverted to before entering a finding on these points. In the light of the above, we decline to answer the question in view of the defective finding of the Tribunal which has been recorded without advertance to relevant materials. The Tribunal will dispose of the appeal before it after rehearing it under section 260(1) of the Income-tax Act, 1961, in the light of the observations in this judgment. There will be no order as to costs.
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1973 (11) TMI 27 - KERALA HIGH COURT
Attachment And Sale, Income Tax ... ... ... ... ..... g the amount of tax are violative of the provisions of section 3(b)(ii) of Act No. 23 of 1967 and sections 7 and 17 of Act No. 15 of 1968, namely, the Revenue Recovery Act. In the result, I allow this original petition and quash the revenue recovery steps taken against the petitioner including the attachment of the growing crops in the cardamom estate belonging to the petitioner and also the attachment of the cured cardamom stocked by the petitioner. As the cured cardamon crops have already been sold for a sum of Rs. 1,800, it is not possible to restore the said cured cardamom crops to the petitioner. The petitioner will be entitled to get a sum of Rs. 1,800 being the sum realised by public auction of the said crops. The 3rd respondent is hereby restrained from taking the yield from the cardamom estate attached on August 20, 1973. The attachment of growing crop effected on that date is vacated. The original petition is disposed of as above. The parties shall bear their costs.
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1973 (11) TMI 26 - ALLAHABAD HIGH COURT
Assessment Proceedings, Burden Of Proof, Cash Credits, Income Returned, Levy Of Penalty ... ... ... ... ..... than 80 of the income assessed, any expenditure incurred bona fide by the assessee for purposes of making or earning income included in the total income which has been disallowed as a deduction has to be deducted. In other words, the income assessed by the Income-tax Officer has to be reprocessed. This has not been done in the instant case obviously because the Inspecting Assistant Commissioner of Income-tax, who passed the penalty order, never relied upon this Explanation. He, on the other hand, relied upon the substantive provision of section 271(1)(c) under which penalty is attracted only if the assessee had concealed a particular income. In view of the decision of the Supreme Court in Anwar Ali s case, the charge of concealment could not be said to have been proved. We, accordingly, answer the question in the negative, in favour of the assessee and against the department. The assesee is entitled to the costs which we assess at Rs. 200. Question answered in the negative.
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1973 (11) TMI 25 - RAJASTHAN HIGH COURT
Civil Procedure, Search And Seizure, Writ Petition ... ... ... ... ..... y under the statute. We are not inclined at this stage to go into this aspect of the matter. The reasons for this are obvious Firstly, the answer to the writ application has not yet been filed. In the absence of pleadings before us we do not think it advisable to decide the point raised in an isolated manner as such a course is not at all contemplated under the rules of pleadings. The points taken in this application can well be taken in the reply to the writ petition. It will be thereafter that the court can arrive at a final decision after considering the overall facts and circumstances of the case as a whole. In our view it is not just and fair to decide the writ application piecemeal. We, therefore, do not feel inclined to give our decision on the respondents application under section 151, Civil Procedure Code, and reserve the same for our examination at the time of the final decision. The respondents are directed to file the reply, if any, to the writs within one month.
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1973 (11) TMI 24 - PATNA HIGH COURT
1961 Act, Act Of 1922, Act Of 1961, Application For Registration, Change In Constitution Of Firm, Firm Registration, Income Tax Act
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1973 (11) TMI 23 - ALLAHABAD HIGH COURT
Appeal Against Assessment, Mercantile System, Purchase Tax ... ... ... ... ..... ntly, during the previous year, the assessee has obtained whether in cash or in any other manner whatsoever any amount in respect of such loss or expenditure or some benefit in respect of such trading liability by way of remission or cessation thereof, the amount obtained by him or the value of benefit accruing to him shall be deemed to be profits and gains of business or profession, and, accordingly, chargeable to income-tax as the income of that previous year. The position thus is clear that the assessee is entitled to a deduction of the purchase tax in the assessment year in question and in case he succeeds subsequently in appeal, he shall be taxed again to the extent of relief granted to him. Thus, there will be no loss of revenue to the Government. For the reasons stated above we answer the question in the affirmative, in favour of the assessee and against the department. The assessee is entitled to costs which we assess at Rs. 200. Question answered in the affirmative.
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1973 (11) TMI 22 - MADHYA PRADESH HIGH COURT
Income Tax Act, Voluntary Disclosure ... ... ... ... ..... t, the disclosures made in the offer ought to be excluded from consideration altogether. If the department s contention were to be accepted, it would defeat the very purpose of enacting section 271(4A) of the Act. We may observe that unless the offer is accepted and acted upon by the department, the other sub-sections of section 271 will be attracted in the matter of imposition of penalty and the two provisions cannot be allowed to be mixed up to the entire advantage of the department and disadvantage of an assessee. We, therefore, do not think that the present case is one in which we should call upon the Appellate Tribunal to refer any question to us, as we are fully satisfied that even though the main question posed might be one of law, there can be no other interpretation except the one put by the Appellate Assistant Commissioner and the Appellate Tribunal. As a result, these petitions fail and are dismissed summarily without notice to the other side. Petitions dismissed.
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1973 (11) TMI 21 - ALLAHABAD HIGH COURT
The Constitution ... ... ... ... ..... lections shall not be regarded as income and would be exempt from tax. In the case before the Full Bench it was found that the assessee had maintained a fund for charities and had made certain customary levies from its customers. It was held that as a result of the custom there was a legal obligation upon the assessee to spend the amount so collected on charities and, as such, the collections could not be taxed as his income. Such is not the case here. Neither there was any trust nor any other legal obligation under which the assessee was obliged to spend the collections on the construction of dharamshala. The collections were not made on account of any customary levy which may be said to have created a trust or a fund. We are, therefore, of the opinion that the view taken by the Tribunal is not correct. We, accordingly, answer the question in the negative in favour of the department and against the assessee. The department is entitled to the costs which we assess at Rs. 200.
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1973 (11) TMI 20 - GUJARAT HIGH COURT
A Partner, Change In Constitution Of Firm, Partnership At Will ... ... ... ... ..... far as clause (b) is concerned, all the partners did not continue with some change in their respective shares or in the shares of some of them since Sarabhai who held thirty per cent. share in the profits of the firm had died on March 9, 1963, and, thereafter, there was no new partner in his place and stead. Of course the estate of Sarabhai as represented by his wife, Kanchanben, who was also a partner, got the benefit of the profits which went to the share of Sarabhai but Kanchanben got that amount as representing the estate of Sarabhai and not in her capacity as a partner of the firm. Under these circumstances, the provisions of section 187(2) cannot be said to apply to the facts of the present case. We, therefore, answer the questions referred to us as follows (1) In the affirmative as to both the parts and in favour of the assessee as to both the parts. (2) In the negative and in favour of the assessee. The applicant will pay the costs of this reference to the assessee.
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1973 (11) TMI 19 - CALCUTTA HIGH COURT
High Court To Interfere, Mixed Question, Previous Year, Question Of Fact, Substantially Interested
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1973 (11) TMI 18 - KERALA HIGH COURT
Export Market Development Allowance, Weighted Deduction ... ... ... ... ..... carried from the port of destination to other places where they are ultimately sold and delivered, it would still be carriage of the assessee s goods to destinations outside India and, therefore, expenses incurred would not qualify for weighted deduction. The expression destination in sub-clause (iii) of clause (b) of sub-section (1) of section 35B cannot mean the port of destination mentioned in the bills of lading. It would include the ultimate place or places where the goods are taken and sold. In this view, the expenses incurred under the above items would be expenses incurred in respect of distribution of goods outside India which would not qualify for weighted deduction. The result is that we answer the question in the affirmative, i.e., for the Department and against the assessee. The parties will bear their costs. A copy of this judgment with the seal of the court and under the signature of the Registrar will be sent to the Income-tax Appellate Tribunal, Cochin Bench.
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1973 (11) TMI 17 - GUJARAT HIGH COURT
Petitioner has challenged the constitutional validity of section 271(1)(c) and section 274(2) of the Income-tax Act, 1961, on the ground that these provisions of the Income-tax Act contravene the provisions of articles 14, 19(1)(f), 19(1)(g), 31(1), 245 and 265 of the Constitution of India - challange on the ground of article 14 cannot succeed because it has not been established that there exists any hostile discremination against a particular type of taxpayer - both the challenges to the constitutional validity of the impugned provisions fail. We may point out that the other grounds of challenge to the constitutional validity have not been pressed before us and we, therefore, have not dealt with those challenges on the grounds of articles 31(1), 245 and 265 of the Constitution. We have confined our judgment only to the challenges under articles 14 and 19(1)(f) since they were pressed before us - applications fails and is dismissed
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1973 (11) TMI 16 - BOMBAY HIGH COURT
" Whether firm was entitled to relief under section 25(4) of the Indian Income-tax Act, 1922, in respect of the profits from its business for the period from October 1, 1951, to December 28, 1951, relevant to the assessment year 1953-54 ? " - It is true that the mere fact that there are common partners between two firms cannot by itself indicate a succession for the purpose of section 25(4) but the court is entitled to consider this as one of the factors or pieces of evidence which, taken together with the other material on record, which I have already discussed, in my opinion, shows that there was not a discontinuance or a complete break with the past when the old firm has dissolved, as the Tribunal has held, but there was a succession to the business of the old firm within the terms of section 25(4) of the Indian Income-tax Act, 1922. In this connection, it is important to bear in mind that the decision of the Supreme Court in Chambers' case shows unmistakably that no formal transfer is necessary and that it is sufficient if the overall business effect of the whole transaction or arrangement between the old firm and the new firm results in succession to the old business. Viewed in that manner, I have come to the conclusion that the question referred to us must be answered in the affirmative.
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1973 (11) TMI 15 - GUJARAT HIGH COURT
Whether, while computing the deduction of tax on inter-corporate dividend under section 85A of the Income-tax Act, 1961, the income from dividend should be taken, at its gross figure or at net figure after deducting the expenditure incurred by the concerned assessee to earn that dividend - we answer the question referred to us in the negative and in favour of the revenue
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1973 (11) TMI 14 - GUJARAT HIGH COURT
" Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the self-acquired and personal assets left by the said Manilal Chhotalal, the deceased father of the respondent, were to be assessed in the hands of the Hindu undivided family represented by the respondent and not in his hands in his individual capacity ? " - we answer the question referred to us in favour of the assessee and against the revenue and hold that the Tribunal was right in holding that the self-acquired personal assets left by Manilai Chhotalal, the father of the respondent-assessee, were to be assessed in the hands of the Hindu undivided family represented by the respondent and not in his hands in his individual capacity
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1973 (11) TMI 13 - BOMBAY HIGH COURT
Cement factory agrees to supply water to a town in consideration of exemption from municipal taxes for fifteen years - " Whether, on the facts and in the circumstances of the case, the expenditure of Rs. 2,09,459, or any portion thereof on water supply scheme, incurred by the company was allowable as deduction in determining the profits of the company? "
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1973 (11) TMI 12 - PATNA HIGH COURT
Assessee received properties on partition of HUF, whether it can be assessed in his individual hands - " Whether, on the facts and circumstances of the case, the correct status of the assessee is that of a Hindu undivided family ? " – held that assessment has to be made on the assessee in the capacity of HUF
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1973 (11) TMI 11 - ALLAHABAD HIGH COURT
Petition under article 226 of the Constitution of India has been filed by the Union of India, the Commissioner of Income-tax, Lucknow, and the Income-tax Officer, Allahabad. It is directed against an order of the Income-tax Appellate Tribunal by which it rejected the claim of privilege raised by the petitioners under section 124 of the Evidence Act in regard to the production of certain documents and files - assessment proceedings were settled on the promise that penalty would not be levied - but subsequently it was levied - assessee summoned the assessment records to prove his claim - hether the department can refuse to produce the same on the ground of privilege
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