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Showing 261 to 267 of 267 Records
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1994 (1) TMI 7 - GAUHATI HIGH COURT
Burden Of Proof ... ... ... ... ..... cords before us, we do not find that the Assessing Officer or the Tribunal had given a finding as to the actual price received by the assessee for the transfer of the asset nor is there any evidence or material to that effect. This being the situation, the condition precedent for the exercise of jurisdiction, namely, the jurisdictional fact, is lacking in the present case, that is to say, the conclusion of the Tribunal that the consideration was understated is not supported by legal evidence or material. In that view of the matter, the finding of the Tribunal in the matter like the present one can be interfered with in view of the decision of the Supreme Court, and it is held that the Revenue has failed to prove misstatement or understatement of value. For the foregoing reasons, the questions are answered in the negative and in favour of the assessee. A copy of this judgment under the signature of the Registrar and the seal of the court will be sent to the Appellate Tribunal.
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1994 (1) TMI 6 - GAUHATI HIGH COURT
A Firm, Partner In Firm, Rectification Of Mistakes, Rectification Proceedings, Share Income, Total Income
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1994 (1) TMI 5 - KARNATAKA HIGH COURT
Actual User, Capital Asset, Capital For Purposes, Computation Of Capital, Industrial Undertaking, Special Deduction
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1994 (1) TMI 4 - MADRAS HIGH COURT
... ... ... ... ..... all. In CIT v. Paranjothi Salt Co. (1995) 211 ITR 141 (T. C. No. 886 of 1983, order delivered today). We had occasion to consider a similar question with reference to the contents of documents almost identical as in this case and we have held that the instruments cannot be regarded as hundis so as to attract the application of section 69D of the Act. We, therefore, answer the first question referred to us in the negative and against the Revenue. With reference to the second question, in view of the answer returned on the first, section 69D cannot be applied and there is, therefore, no question of any failure to issue account payee cheques. Only in the event of the applicability of section 69D of the Act, the further question with reference to issue of account payee cheques would arise and in view of the answer returned on the first question, the second question does not arise. We accordingly return the second question unanswered. There will, however, be no order as to costs.
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1994 (1) TMI 3 - MADRAS HIGH COURT
Offences and Prosecution - Held that the proper course is to put forward the contentions before the trial court and section 482 of the Criminal Procedure Code, cannot be invoked when there are statutory remedies provided under the Code of Criminal Procedure itself, particularly when the question of framing of charges has actually arisen. - these petitions fail and shall stand dismissed. The trial court is directed to dispose of the cases expeditiously.
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1994 (1) TMI 2 - SUPREME COURT
Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the share of profit derived by Smt. Kiran Kumar, wife of the assessee, from the firm in which her husband is a partner as the karta of his Hindu undivided family, cannot be clubbed by applying the provisions of section 64 in the individual assessment of her husband in the status of an individual
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1994 (1) TMI 1 - SUPREME COURT
Appeals against the order of the Settlement Commission - jurisdiction of the Settlement Commission under Chapter XIX-A - Commission has no right to hold that they will not look into the material collected after the date of filing of the application under section 245C - mere filing of the application did not mean that department should fold their hands and stop their investigation and enquiries in their tracks - order of the Settlement Commission under appeal is set aside
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