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Case Laws
Showing 81 to 100 of 208 Records
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1984 (9) TMI 130 - ITAT JABALPUR
Hindu Succession Act, 1956 ... ... ... ... ..... Tribunal was right in holding that the deceased widow was the absolute owner of one-half of the HUF property and that the same passed on her demise. 11. From the above position of law brought out by the Hon ble Courts with regard to the rights of a widow in the coparcenary property, it becomes clear that on the death of Smt. Tamkori Devi, her coparcenary interest in the capital account of the HUF, which was its only joint family property, passed on her death and was includible into the chargeable estate by virtue of sections 5, 6, 7 and 39. The AAC, therefore, erred in holding that the deceased had no coparcenary interest in the property of the HUF of which she was a member and that the interest of the deceased in the coparcenary property is not includible in the estate of the deceased after the coming into force of the Hindu Succession Act. We, therefore, reverse his order and restore in its place the order of the Assistant Controller. 12. The appeal of the revenue allowed.
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1984 (9) TMI 129 - ITAT INDORE
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... ... ..... The Tribunal observed that all refund orders are orders under s. 237. 3. In the case before us, the excess tax was Rs. 2,188. The ITO has granted a refund of Rs. 2,575 and, therefore, it cannot be said that whether this figure includes the whole of the principal amount of Rs. 2,188 and the deficiency was exclusively on account of interest. For this reason also the appeal was competent. 4. For the above reason, we find that the appeal preferred by the assessee before the AAC was competent in law and the ld. AAC was not right in rejecting the appeal as not maintainable. 5. Since the calculation of the total amount of additional refund due to the assessee Rs. 713 was not challenged before us, we do not find any sense in remanding the matter to the AAC for disposal of the appeal on merits. 6. For the above reasons, the appeal is allowed. The order passed by the AAC is set aside and the ITO is directed to grant an additional refund of Rs. 713 to the assessee without further delay.
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1984 (9) TMI 128 - ITAT INDORE
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... ... ..... artment to prove that the cash credit, in fact, represented the concealed income of the assessee. In the case before us, the Department has not collected any evidence or circumstances to prove that the cash credit, in fact, represented the concealed income of the assessee. The ld. departmental representative took recourse to the Explanation to s. 271(1)(c)which provided that where the assessed income exceeds the declared income by 20 per cent or more, the burden shall be on the assessee. As observed in the case of CIT vs. Nipani Tobacco Stores, the initial burden laid by the Explanation stood discharged as the assessee had examined the creditor. Therefore, in the absence of any further material to show that the amount of the cash credit represented the concealed income of the assessee, there was no justification for the levy of the penalty. This appeal, therefore, in our view deserves to be allowed. 3. The appeal is allowed and the penalty levied on the assessee is cancelled.
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1984 (9) TMI 127 - ITAT HYDERABAD-B
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... ... ..... o the daughters was not by way of gift but only in lieu of maintenance and marriage expenses and hence the said amount is not exigible to gift tax under the gift-tax Act. In view of the above, we would hold that in the present case answer does not partake of the nature of gift because under s. 20 of the Hindu Adoptions and Maintenance Act, which goes a step further, a male or female Hindu is under an obligation to maintain his or her unmarried daughter and maintenance included getting the daughter married in an appropriate manner. Therefore, whether the land transferred belonged to the assessee in the individual capacity does not alter the legal position. Alternatively were we to have held that there was a gift we would have held the gift was on the occasion of marriage and exemption under s. 5(1)(vii) would be available with reference to the date of registered document. Therefore, we set aside the impugned order and allow the appeal and hold that no gift-tax can be leviable.
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1984 (9) TMI 126 - ITAT HYDERABAD-B
Assessment Proceedings, Business Loss, Carry Forward And Set Off, Reassessment Proceedings, Set On
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1984 (9) TMI 125 - ITAT HYDERABAD-B
Development Allowance, Industrial Undertaking ... ... ... ... ..... within the ambit of the term industrial company in the Finance Act, 1966. In our case, we are concerned with the expression goods manufactured or produced in any small-scale industrial undertaking owned by him (the assessee). The cloth is said to be purchased from others and got embroidered by the assessee by paying labour charges. It cannot be said that finished goods are manufactured or produced in any small-scale industrial undertaking owned by the assessee. The principle of the Bombay High Court decision does not at all apply to facts alleged and on this ground also, there is no question of directing investigation of the claim made for the first time before us. 12. For the reasons already given, we hold that the lower authorities were justified in holding that one of the essential conditions mentioned in section 35B(1A) was not satisfied and as such, on that ground alone, relief under section 35B(1A) was not allowable. 13. In the result, the appeal fails and is dismissed.
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1984 (9) TMI 124 - ITAT HYDERABAD-B
Capital Loss, Sale Proceeds, Set Off Against Capital Gains ... ... ... ... ..... State a proportion of the profit chargeable, and this end is attained (speaking generally) by the simple and effective expedient of taxing the profits where they are found . This principle has been approved by the Supreme Court in the case of Aggarwal Chamber of Commerce Ltd. v. Ganpat Rai Hira Lal 1958 33 ITR 245, 251-252. Since no direct assessment is possible on this income in the hands of the beneficiary, the question of taxing the trustee in the like manner and to the same extent does not arise. It is under these circumstances, that we are unable to agree with the argument of the learned representative for the assessee that the capital loss determined in the hands of the trustee should be set off against the capital gains made by the assessee in respect of his other assets, which did not form subject-matter of the trust. 8. In the result, the order of the first appellate authority is upheld for reasons different from what has been stated by them. The appeal is dismissed.
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1984 (9) TMI 123 - ITAT HYDERABAD-A
Business Income ... ... ... ... ..... this section under any other valid principle of taxation of the case. 30. Thus, on considering the facts in the light of the judicial pronouncements, we are of the view that 1 per cent commission collected is an amount with liability attached with an obligation to repay the same to the agriculturist. Under such circumstances, the assessees were holding the amounts belonging to the agriculturist in fiduciary capacity as a trustee on behalf of the agriculturists from whom the same was collected. Therefore, 1 per cent commission as collected by the assessees cannot be considered as assessees trading receipt. Accordingly, the addition made under this head in the appeal relating to G. Satyanarayana Murthy, Anakapalle is deleted and in respect of orders passed by the Commissioner (Appeals) in the cases of Ramu and Co. and Bondada Satyanarayana Sons are confirmed. 31. In the result, the appeal filed by the assessee is allowed while the appeals filed by the department are dismissed.
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1984 (9) TMI 122 - ITAT HYDERABAD-A
Bad Debt, Revised Return ... ... ... ... ..... f of Rs. 22,128 and confirmed the balance. 14. However, on a scrutiny of the items, as set out by the ITO, we found that two of the parties appear to have expired. They are V. Laxmaiah, Ramanpet and Miriyala Purushotham, Nerada. In the circumstances under which the assessee was placed, we consider that these two items of debt have become irrecoverable looking to the amounts involved as taking legal action may not prove commensurate with expenses. Therefore, these two items of amounts can be considered as bad debts. Apart from what has been stated before the authorities below, the assessee has not produced any evidence before us afresh to consider the case of bad debts as argued by the learned counsel appearing for the firm. Under such circumstances, apart from the two items of debts which we consider as having become irrecoverable, we are unable to interfere with the other items of bad debts as claimed by the assessee. Accordingly, to that extent, we allow the appeal in part.
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1984 (9) TMI 121 - ITAT HYDERABAD-A
Coparcenary Property ... ... ... ... ..... he liability of ancestral or coparcenary property of a Hindu to pay for marriage expenses of unmarried daughters in the family would be a proper debt or encumbrance deductible under the general provisions of section 44, where the deceased died possessed of such property. 16. Accordingly, we direct the Assistant Controller to apply the principle of law as set out by us supra to the facts of this case and deduct a sum of Rs. 30,000, being the provision for marriage expenses of three unmarried daughters which appears to be quite reasonable out of the ancestral or coparcenary property left by the deceased. The accountable person had claimed the entire amount of Rs. 30,000 as a deduction in the deceased s share of the family assets. On our finding of law, this will be deducted from the value of the family assets computed at Rs. 4,12,584. Half of the balance, i.e., Rs. 1,91,292, will be subject to duty at the rate applicable to Rs. 3,82,584. Hence, the appeal stands partly allowed.
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1984 (9) TMI 120 - ITAT HYDERABAD-A
A Firm, Minor Child, Share Income ... ... ... ... ..... now put forth was one which was abandoned at any earlier stage by the assessee. Therefore, nothing precludes the assessee from canvassing such an objection before us. The further contention that any objection the assessee may have to offer could be considered by the appellate authority, though it was not considered by the ITO, does not help the revenue in the present case because the ad hoc finality had been reached of the order of the ITO when the ITO assessing the wife had included earlier in point of time the share income of the minor for this very assessment year in the wife s assessment. It was only that assessment, which could be modified in appeal, revision, etc., and not the assessment of the appellant-assessee. The objection taken by the assessee cannot also be held to be purely technical. The objection is one with reference to express statutory provisions and one in relation to the rights conferred by the statute on an assessee. The result is, the appeal is allowed.
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1984 (9) TMI 119 - ITAT HYDERABAD-A
Assessment Year ... ... ... ... ..... he present case took place only on 31-3-1980. The ITO, in his order under section 171, has also stated categorically that he was recognising such partition only from 31-3-1980 and negatived the assessee s plea of a partition of movables from 31-3-1979 for tax purposes. Therefore, there was no order under section 171 which recognised a partial partition of any property between 1-4-1979 and 31-3-1980. When there was no such order, the income from all properties for the period 1-4-1979 to 31-3-1980 had to be assessed in the hands of the assessee alone. In the light of the later judgment of the Supreme Court, which we have discussed, we consider that there are no conclusions in the judgment of the Andhra Pradesh High Court in the case of Dara Seshavataram, which would come to the assistance in respect of the contentions urged on behalf of the assessee. 8. In the result, we set aside the order of the AAC and restore the findings of the ITO. The appeal of the department is allowed.
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1984 (9) TMI 118 - ITAT GAUHATI
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... ... ..... ITO is directed to include the share of loss from the firm M/s Sheva Travel, Gauhati in the assessment for the asst. yr. 1967-68. As has already been directed above, the computed loss shall be carried forward. 26. In the cross objections relating to the asst. yr. 1977-78 other grounds raised by the assessee have not been pressed before us and the same are accordingly rejected. 27. For the foregoing reasons, the appeals filed by the Department for the asst. yr. 1975-76 to 1978-79 are allowed in part to the extent indicated above. For these assessment years the orders of the AAC relating to income from taxi business are set aside and those of ITO are restored. The Departmental appeals for the asst. yrs. 1964-65 to 1974-75 are dismissed. The cross objections relating to the asst. yr. 1964-65 to 1969-70 are allowed and the cross objection for the asst. yr. 1977-78 is partly allowed. The cross objections for the remaining assessment years have already been dismissed as withdrawn.
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1984 (9) TMI 117 - ITAT GAUHATI
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... ... ..... swer to the second question raised, in our opinion, is self evident in view of the clear provisions of s. 10(26) of the IT Act 1961, and the Constitution of India. It is pertinent to point out that the Tribunal dismissed the departmental appeals by relying on the Tribunal s order in ITA No.s 638 (Gau) and 639 (Gau) of 1967-68 in the case of H. O. Unger. Against the said decision, the department preferred reference applications under s. 256(1) of the IT Act, 1961, but the said reference applications in R. A. Nos. 91 (Gau) and 92 of 1977-78 were rejected by this Tribunal. The applications under s. 256 (2) of the IT Act are pending before the Hon ble High Court Gauhati against the said rejection. In accordance with the reasonings given in R. A. Nos. 91 (Gau) and 92 (Gau) of 1977-78, we are of the opinion that these reference applications should also be rejected. 4. The reference application filed by the department for the asst. yrs. 1974-75 to 1976-77 are, accordingly, rejected.
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1984 (9) TMI 116 - ITAT DELHI-E
Appellate Assistant Commissioner, Appealable Orders ... ... ... ... ..... far as the provisions of section 246 are concerned, we find that in fact there is no clause which permits an appeal against an executive order or a direction which is made by an ITO under section 230(2). The mere fact that the ITO is entitled to determine the quantum of taxes which is demanded from a person under the provisions of section 230(2) does not make that order appealable. In case the statute makers actually intended that an appeal was permissible against an order under section 230(2) they could have made a provision like the one as contained in section 248 of the Act. That having not been done by the framers of the statute and there being nothing in section 246 permitting an appeal against an order under section 230(2) which as per decision in Kalinga Air Lines (P.) Ltd. s case is merely an executive direction, we would agree with the order passed by the Commissioner (Appeals) rejecting the appeal filed by the appellant in limine. 8. In the result, the appeal fails.
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1984 (9) TMI 115 - ITAT DELHI-E
Business Loss, Capital Receipt, Income Tax Authorities, Revenue Receipt ... ... ... ... ..... id not result in any income on revenue account, we must make it clear that we do not agree with the representation made on behalf of the assessee-respondent that as a result of the breach of the agreement dated 29-5-1976, a profit-making apparatus had been destroyed, and, therefore, for that reason, the receipt of Rs. 6,05,000 was a capital receipt. According to us, the impact of the termination of contract was not such as could amount to destruction of a profit-earning apparatus. It did not amount to a loss of an enduring asset. It also did not amount to any unabsorbed shock dislocating the business structure. 14. In the result, we agree with the finding of the Commissioner (Appeals), which was in accordance with the law laid down by the Hon ble Supreme Court in K.M.S. Lakshmanier and Sons case and by the Hon ble Delhi High Court in the case of Motor and General Finance Ltd.. We, accordingly, uphold the order of the Commissioner (Appeals) and dismiss the departmental appeal.
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1984 (9) TMI 114 - ITAT DELHI-D
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... ... ..... he observations given above. In doing so he shall give reasonable opportunity of being heard to the assessee and arrive at the market value as on the valuation date after taking into account the submissions and evidences placed before him. 9. With regard to the second ground regarding valuation of property at Golf Links in accordance with r. 1BB, the matter is fully covered by the decision of the Special Bench of the Tribunal in the case of Shri Biju Patnaik. Respectfully following the Special Bench decision we uphold the order of the AAC in this regard. 10. In the result the appeal shall be treated as partly allowed of statistical purpose only. WTA Nos. 2077, 2072, 2073 and 2078 mdash In view of the detailed order above these appeals of the Revenue are partly allowed for statistical purpose. WTA Nos. 2074 and 2075 mdash For the reasons fully discussed by us in the case of Shri Devndra Kumar Jain in WTA No. 2076 (Del)/82 both the appeals of the Revenue fail and are dismissed.
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1984 (9) TMI 113 - ITAT DELHI-D
Leave Salary ... ... ... ... ..... Bhawan (P.) Ltd. 1984 17 Taxman 19 held that attendance bonus paid to workers was outside the purview of the Payment of Bonus Act. This case is also distinguishable as the facts of the case before us are entirely different. 28. The facts and circumstances of the case before us are entirely different from the case laws relied upon by the assessee as discussed above. Ex gratia payment of Rs. 38,759 to the employees is neither customary bonus nor payment to the employees as a result of agreement or settlement between the employer and the employees. Under these circumstances, lower authorities were justified in disallowing the said ex gratia payment of Rs. 38,759. Similar is the position regarding payment of Rs. 2,430 in lieu of bonus to General Manager, Bhumla. We, accordingly, uphold the Commissioner (Appeals) s order on this point and reject the assessee s grounds (b) and (c). 29. In the result, the assessee s appeals for the assessment years 1978-79 and 1979-80 are dismissed.
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1984 (9) TMI 112 - ITAT DELHI-B
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... ... ..... f the lesser nor to sale the same. He, therefore, on the basis of comparable cases valued the half plot Rs. 1,100 per sq. yd. at Rs. 3,91,480. The assessee s contention is that there was no justification for accepting only the sale agreement regarding half of the plot agreed to be sold to Manna Singh and rejecting the assessee s agreement of sale to Gurucharan Lal though facts in respect of both the agreements of sale were similar and both the purchasers had built on the said portions agreed to be sold to them, though no sale agreements had so far been executed. It needs verification, whether Gurcharan lal who had paid only Rs. 2,000 to the assessee in respect of agreement of sale dt.30th Jan., 1968for 325 sq. yd. had been allowed to built on the said share of plot and to remain in possession of the same by the assessee. Under these circumstances, we would restore the matter to the ITO to examine the matter afresh. 18. In the result, the departmental appeal is partly allowed.
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1984 (9) TMI 111 - ITAT DELHI-B
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... ... ..... s point. However, we see force in the assessee s contention that the entire property was a composite property and has been let out as such to Cabinet Secretariat and only because the assessee could not find a tenant for the whole building, therefore ground floor and basement was let out on 24th June, 1979 on rent of Rs. 4,700 p.m. and the first floor remained vacant during the year under consideration and a part of the first floor was let out next year and that house-tax and water-tax were levied on the entire property as a unit. These conditions, however, have not been examined by ITO before whom it was raised by letter dt.5th March, 1983nor by the CIT (A). Under these circumstances, we restore the matter to the file of ITO to examine this contention and if found correct to determine the ALV of the entire building and then to allow necessary deductions including vacancy allowance for the first floor. 6. In the result, the Revenue s appeal is allowed for statistical purposes.
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