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Case Laws
Showing 381 to 400 of 479 Records
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1998 (11) TMI 99 - PUNJAB AND HARYANA HIGH COURT
Offences And Prosecution, Procedure, Revision ... ... ... ... ..... attractive at the first instance but on my deeper scanning it is devoid of any merit. The Supreme Court firstly laid down certain exceptions. The offence of absolute liability and economic offences were not execused. The Supreme Court clearly held that the directions of the Common Cause s case, AIR 1996 SC 1619, shall not apply to the cases or offences under the taxing enactment. The petitioners are being charged under section 276B of the Income-tax Act. In this view of the matter, even the judgment relied upon by learned counsel for the petitioner reported as Common Cause v. Union of India, AIR 1996 SC 1619, is not applicable. Support was also taken from Raj Deo Sharma v. State of Bihar 1998 7 JT (SC) 1. This citation will also not come to the rescue of the petitioner in view of one of the exceptions of Common Cause s case, AIR 1996 SC 1619, quoted above. Merit in both the revisions is less rather none. Hence, I have no hesitation in dismissing both the revisions in limine.
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1998 (11) TMI 98 - DELHI HIGH COURT
Purchase Of Immovable Property By Central Government ... ... ... ... ..... section 53A of the Transfer of Property Act that the appropriate authority could have arrived at a finding that a transfer within the meaning of clause (f) of section 269UA had already taken place and, therefore, the provisions of the law were defeated. In the absence of such a finding, the result arrived at by the appropriate authority cannot be sustained. It is true that the amount of loan having been treated to have been converted as earnest money part consideration had stood passed to the intending vendor. However, there is no material to support a finding nor a specific finding recorded that possession under the contract was taken or continued by the transferee. For the foregoing reasons, the petition is allowed. The impugned order dated October 31, 1996 (annexure P-6), is hereby quashed and set aside. The requisite no objection shall be issued by the appropriate authority to the petitioner within a period of eight weeks from the date of the order. No order as to costs.
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1998 (11) TMI 97 - PATNA HIGH COURT
Recovery Of Tax, Attachment Of Property, Sale Of Property, Proclamation Of Sale, Mortgage ... ... ... ... ..... said that this was done designedly to delay the proceeding. While in CWJC No. 1367 of 1998(R) the suit in question is still pending, in CWJC No. 1371 of 1998(R) the decree has already been passed, the decree of the civil court cannot be summarily brushed aside. From rule 11(6) it is abundantly clear that the order of the Tax Recovery Officer is subject to the result of the suit which the claimant or objector may prefer against its decision. In these premises, I am of the view that the Tax Recovery Officer committed an error of law in summarily rejecting the claim/objection of the petitioner-bank and the matter requires to be considered again on the merits by him. The impugned orders as contained in annexure-3 in CWJC No. 1367 of 1998(R) and annexure-4 in CWJC No. 1371 of 1998(R) are accordingly quashed with liberty to the Tax Recovery Officer, respondent No. 1, to proceed afresh in the matter in accordance with law. I will make no order as to cost. AFTAB ALAM J.----I agree.
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1998 (11) TMI 96 - KARNATAKA HIGH COURT
Waiver Of Interest, Revised Return, Condition Precedent ... ... ... ... ..... sed return. (2) The difference of tax as assessed by, the authority is paid within the time prescribed by the assessing authority after the assessment order is passed. In the present case the assessee has paid self-assessed tax of Rs. 1,02,180 along with the second revised return filed on March 16, 1990. Later on, assessment was made and the assessing authority issued a demand notice on March 29, 1990, demanding Rs. 7,010 on or before April 30, 1990. The appellant paid the same on April 13, 1990, within time. Thus, the appellant has satisfied the two conditions laid down in section 273A(1)(iii)(c). Therefore, the appellant is entitled for the waiver of interest. Accordingly, the orders of the learned single judge and the Commissioner are set aside and the application filed by the appellant for waiver is allowed and it is declared that the appellant is entitled for waiver of interest levied under section 139 and section 217 of the Act. Accordingly, the writ appeal is allowed.
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1998 (11) TMI 95 - PATNA HIGH COURT
Income Deemed To Accrue Or Arise In India, Technical Know-how Fees ... ... ... ... ..... and answered the references in favour of the assessee holding that the payments to the nonresident company were not assessable to tax in India. 13. I have found above that the decision in the case of Performing Right Society Ltd. cannot be truly applied to the facts of this case. On the other hand, the facts of the decisions in Carborandum Co. s case, (ii) New Consolidated Gold Fields Ltd. s case, (iii) Usha Martin Black (Wire Ropes) s case, and (iv) VDO Tachometer Werke s case are not only much closer but almost similar to the facts of the case at hand. Following those decisions, therefore, I come to find and hold that the income mentioned in art. III(a) of the collaboration agreement did not accrue or arise in India to WEAN United within the meaning of s. 5(2)(b). I, would, therefore, answer the reference in the negative, that is to say, in favour of the assessee and against the Revenue. 14. In the facts of the case, I will make no order as to costs. S.N. JHA, J. I agree.
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1998 (11) TMI 94 - GUJARAT HIGH COURT
Penalty, Concealment Of Income ... ... ... ... ..... d not absolve the assessee from scrutiny of facts whether the disclosure made by him is true or false. Whereas, in the first referred case, when the assessing authority found that there has been manipulation of accounts and the assessee s explanation was found to be wholly untrue, levy of penalty was held to be valid and the contention that mere rejection of the explanation for the purpose of adding that sum in the returned income cannot result in levy of penalty, was rejected in the facts and circumstances of that case. This is to emphasise that inquiry into the question about disclosure or accuracy of disclosure cannot be stopped while looking at the disclosure made in the return. In fact, this is the starting point of inquiry whether such disclosures are truthful or accurate. We are, therefore, of the opinion that the question as reframed by us should be answered in the negative that is-in favour of the Revenue and against the assessee. There shall be no order as to costs.
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1998 (11) TMI 93 - CALCUTTA HIGH COURT
Reassessment, Capital Gains ... ... ... ... ..... estment in construction or any fact is suppressed and income escaped from assessment. Assuming that the valuation report was available to the Assessing Officer before completion of the assessment order under section 143(3), could he make any addition on the basis of that report on the ground that the fair market value of the asset is more than the consideration which has passed to the assessee/petitioner in the transaction in question my answer will be in negative. When he could not make any addition after the decision of the apex court in K. P. Varghese s case 1981 131 ITR 597, on the basis of the valuation report, how he can issue the notice under section 148 of the Income-tax Act, on the basis of such report. In the result, the impugned notice dated April 7, 1995, issued under section 148 of the Income-tax Act, 1961, is quashed. The petition is allowed. No order as to costs. Stay of operation of this judgment and order is prayed for by Mr. Mullick, but the same is refused.
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1998 (11) TMI 92 - GUJARAT HIGH COURT
Revision, Order Of Tribunal, Fresh Assessment ... ... ... ... ..... rd, there cannot be any room for fresh assessment even if the same have come into existence in pursuance of it direction issued under section 263. It cannot be said that by complying with the direction under section 263, the remedy of appeal or getting determination of the question by way of further proceedings in accordance with the provisions of the income-tax Act become redundant. The consequence of setting aside of an order under section 263 must follow, namely, the order passed in consequence thereof, must also fail. As has been noticed above, the order passed by the Commissioner under section 263 was set aside by the Tribunal and on further reference, the High Court has found the order of the Tribunal to be justified in that regard. We therefore, have no hesitation in answering the questions referred to us in the affirmative, that is to say, in favour of the assessee and against the Revenue. No one appeared on behalf of the assessee. There shall be no order as to costs.
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1998 (11) TMI 91 - KARNATAKA HIGH COURT
Return, Unabsorbed Depreciation, Investment Allowance, Carry Forward ... ... ... ... ..... of unabsorbed depreciation compliance with section 22(2A) of the Indian Income-tax Act, 1922, is not necessary. The provisions of section 24(2) cannot be invoked which are meant for loss only and ignoring the return and making assessment without carrying forward of loss is not proper. It may also be observed that in this case the assessing authority has taken cognizance of the return and levied tax on the income which was declared in the return without giving the benefit of carry forward of the unabsorbed depreciation and investment allowance. Proceedings under section 148 were not taken in the case considering it a case of escaped assessment or a case where no return is filed. Cognizance of the return was taken and accordingly the Income-tax Officer should have given due credit of the depreciation allowance and investment allowance. The writ petitions are allowed and the Income-tax Officer is directed to amend the assessment order in the light of the observations made above.
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1998 (11) TMI 90 - GUJARAT HIGH COURT
Voluntary Disclosure Of Income, Grant Of Certificate, Payment By Cheque ... ... ... ... ..... n challan dated March 30, 1998, was submitted by the petitioner to the respondent along with the cheque. We are therefore of the view that payment of tax was made within the period prescribed. We are supported by a judgment delivered by the Supreme Court in the case of CIT v. Ogale Glass Works Ltd. 1954 25 ITR 529, which lays down the law to the effect that when the cheque is not dishonoured but is encashed, the payment relates back to the date of the receipt of the cheque and in law, the date of payment would be the date of the delivery of the cheque. In view of the above-referred clear position, we are of the view that the petitioner has been wrongly denied the certificate under the provisions of section 68(2) of the Finance Act, 1997, and, therefore, we direct the respondent to issue necessary certificate under the provisions of section 68(2) of the said Act as expeditiously as possible. The petition is allowed accordingly. Rule is made absolute with no order as to costs.
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1998 (11) TMI 89 - GUJARAT HIGH COURT
Gift Tax, Valuation Of Assets, Valuation Of Unquoted Equity Shares ... ... ... ... ..... at Rs. 31,000 as per the break up value by deducting total liabilities of the company from its total value of assets, it would be groping in the dark to search for an exact principle to be applicable in the present case, namely, whether the value was fixed as per the break up method or by adopting estimated value of the shares as if they were to be sold in the open market and the price it would fetch on such sale. In the aforesaid circumstances, we answer the question referred to us by holding that rule 1D of the Wealth-tax Rules does not apply to the gift-tax proceedings by its own force but in determining the value of gift as on the date of gift in terms of section 6 in the absence of any guideline under the rules under the Gift-tax Act, in the facts and circumstances of this case the Tribunal was justified in adopting the principle for making adjustment to arrive at the market value of the shares in question as on the date of the gift. There shall be no order as to costs.
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1998 (11) TMI 88 - GUJARAT HIGH COURT
Special Deduction, Permanent Physical Disability, Tribunal ... ... ... ... ..... der this provision that the assessee should be unemployed or should not be earning anything. Merely because the assessee is earning income from some business, the deduction under section 80U of the Act cannot be disallowed for, had he not suffered from a permanent physical disability, he could have earned more. That is the approach which was approved by the court with which we respectfully agree. We may make it clear that it does not mean that earning is not a relevant consideration. It certainly is relevant consideration. But this cannot be the sole consideration for deciding the issue. As the Tribunal after taking into consideration all the facts has reached a finding about reduction in capacity in our opinion, it is a question of appreciating and evaluating evidence and does not give rise to a question of law. As a result of the aforesaid discussion, the question referred to us is answered in the affirmative, in favour of the assessee. There shall be no order as to costs.
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1998 (11) TMI 87 - GUJARAT HIGH COURT
Charitable Purpose, Charitable Trust, Registration, Application For Registration ... ... ... ... ..... f such community follow a common faith will not be a ground to hold it as a religious community. In other words, formation of community must have nexus with following a common faith. In this context, the Commissioner must first consider whether the name Brahmakshatriya by itself denotes any religion or origin of community has been founded on adherence to any religious faith. Be that as it may, as the order made by the Commissioner is not at all a speaking order and affects the rights of the petitioner adversely, the order cannot be sustained. The order communicated vide annexure-G dated July 26, 1989, is, therefore, quashed and the respondent-Commissioner is directed to decide the application of the petitioner for registration under section 12A of the Income-tax Act within a period of eight weeks from today after affording an opportunity of personal hearing to the petitioner for which a date may be fixed. Rule is made absolute accordingly. There will be no order as to costs.
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1998 (11) TMI 86 - CALCUTTA HIGH COURT
Voluntary Disclosure Of Income, Search And Seizure, Block Assessment ... ... ... ... ..... titioner has failed to prove that he disclosed the concealed income before initiation of proceedings under section 132 of the Act. (2) Search warrants issued in the case of the petitioner on third is in continuation of search proceeding initiated on October 3, 1997 in the case of Dhirajlal. (3) Clause (ii) of sub-section (2) of section 64 refers to concealed income, the order issued on October 1, 1997, under section 132(3) in respect of concealed income, the proceeding under section 132 initiated on October 1, 1997. (4) The petitioner cannot be allowed to disclose concealed income, on October 3, 1997, of his father, against whom the search proceedings are initiated on September 30, 1997. (5) The impugned notice nowhere refers Rs. 1,35,00,000, it only requires that the petitioner should file the true and correct return of his income for block assessment years 1988-89 to 1997-98. In the result, I find no merit in this petition. The petition fails and is consequently dismissed.
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1998 (11) TMI 85 - MADRAS HIGH COURT
Special Deduction ... ... ... ... ..... not be withheld on the ground that the person who seeks the relief has an income, The Commissioner has not made the order by applying the relevant criteria. The physical disability not having been disputed, it can be assumed that it had an impact on the extent of income the assessee could earn, The sale of vegetables even in wholesale would require physical movement and such movement causes some difficulty to a person who has disability in one of his limbs. When relief is sought under section 80U of the Act, in a case where the disability has been proved, there is a duty cast upon the authority to appreciate the nature and extent of the disability and the impact of the disability on the income earning capacity of the individual, having regard to the source of income of the individual and other relevant factors. The impugned order is therefore set aside and the matter is remanded to the Commissioner for fresh consideration in accordance with law. The writ petition is allowed.
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1998 (11) TMI 84 - PATNA HIGH COURT
Offences And Prosecution, Change Of Law ... ... ... ... ..... cting the application for discharge of the petitioners and the entire criminal proceedings pending against the petitioners on the basis of the complaint filed by the Income-tax Officer are illegal and it will be an abuse of the process of the court, if further proceedings are allowed to continue in the case. No useful purpose would be served if the prosecution continues. It appears to be a fit case for exercise of the power of the court under section 482 of the Code of Criminal Procedure to quash the entire criminal proceedings including the order taking cognizance and the order rejecting the petition for discharge. Accordingly, the criminal proceedings in Cases Nos. 332(M) of 1984, Tr. No. 241 of 1986, 331(M) of 1984, Tr. No. 240 of 1986 an 330 M) of 1984, Tr. No. 238 of 1986 of the Muzaffarpur court, now pending in the Court of the Special Judge (Economic Offences), Patna, are quashed including the order taking cognizance and the order rejecting the petition for discharge.
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1998 (11) TMI 83 - DELHI HIGH COURT
Purchase Of Immovable Property By Central Government, Writ ... ... ... ... ..... sity. In the case at hand none of these circumstances are shown to exist. Incidentally, it may be mentioned, as was brought to the notice of the court by learned senior standing counsel for the respondents, that after the filing of this petition, the petitioners had sought for the operation of the impugned order being suspended, pursuant to which order the property was proposed to be sold by public auction. By order dated July 16, 1997, this court had directed that the auction may go on but confirmation shall be subject to the result of the petition. Learned senior standing counsel for the Department pointed out that the auction was held on July 16, 1997, and the highest bid which has been accepted is of Rs. 85,25,000. For the foregoing reasons, we find the petition devoid of any merit and liable to be dismissed. It is dismissed accordingly though without any order as to the costs. The interim order dated July 16, 1997, staying confirmation of sale is directed to be vacated.
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1998 (11) TMI 82 - DELHI HIGH COURT
Purchase Of Immovable Property By Central Government ... ... ... ... ..... to the extent of the objectionable recital therein. We have held the impugned recital to be arbitrary, based on no material and hence liable to be struck down. The petitions are, therefore, allowed and disposed of in terms of the following directions (i) From the impugned order dated November 21, 1990, under section 269UD(1) of the Income-tax Act, 1961. The words including unearned increase payable to DDA, if any as suffixed to apparent consideration Rs. 14,70,000 shall stand deleted. (ii) The amount payable to the petitioner shall carry interest calculated at 9 per cent. per annum from December 21, 1990 the date falling one month after the date of the order under section 269UD(1) till the date of payment. (iii) Subject to the abovesaid directions the respondents shall proceed ahead with the order under section 269UD(1). The interim order dated December 7, 1990, passed in CWP No. 3872 of 1990 stands vacated. Both the petitions stand disposed of without any order as to costs.
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1998 (11) TMI 81 - MADRAS HIGH COURT
Recovery Of Tax ... ... ... ... ..... Therefore, for all the aforesaid reasons and in the facts and circumstances of this case and also in view of my above discussion with regard to various aspects of the case on hand and also in the light of the above Supreme Court judgment, I am of the clear view that the petitioner herein has made out a case in its favour and consequently the impugned proceedings of the first respondent are liable to be quashed as the same are totally without jurisdiction and invalid. Thus, the writ petition succeeds and the same is deserved to be allowed as prayed for. In the result, the writ petition is allowed as prayed for. No costs. Consequently, the impugned proceedings dated February 12, 1996, is hereby quashed and the first respondent herein is hereby restrained from bringing the property belonging to the petitioner-society, shown as a school layout No. 44/58 issued by the joint Director of Town Planning, Government of Madras. W. M. P. Nos. 4848 of 1996 and 8315 of 1998 are dismissed.
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1998 (11) TMI 80 - KERALA HIGH COURT
Income From House Property, Annual Letting Value ... ... ... ... ..... years, as there was an increasing trend in the annual letting value and no decreasing trend was shown by the assessee. There being no supportive material that the annual letting value went on decreasing in the next following years, we see no good reason to differ from the observation made by the Assessing Officer. The Tribunal grossly erred in referring to irrelevant material, that is, the annual value fixed by the municipality. According to the Assessing Officer, the annual letting value being in the ascending order in the next following years to the assessment year 1983-84, we are of the view that the Assessing Officer was right in taking the annual letting value as declared by the assessee himself for the assessment year 1983-84. The inference drawn by the Tribunal on the facts, as stated above, is surely against the canon of appreciation of evidence. In the result, the above question is answered in the negative, that is, in favour of the Revenue and against the assessee.
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