Case Laws |
Home Case Index All Cases Income Tax Section Wise 1971 1971 (8) This
|
Advanced Search Options
Case Laws
Showing 101 to 120 of 159 Records
-
1971 (8) TMI 59 - KERALA HIGH COURT
Whether Appellate Tribunal was right in holding that the assessee is not guilty of any fraud or gross or wilful negligence in furnishing the return and in cancelling the penalty under section 271(1)(c) of the Income-tax Act, 1961 – question is answered in the aftirmative and against the department
-
1971 (8) TMI 58 - BOMBAY HIGH COURT
Whether the Income-tax Officer had jurisdiction to re-open the assessment proceedings under section 34(1) (b) of the Act – held that mere change of opinion on same facts in the subsequent year cannot justify the reopening of completed assessment
-
1971 (8) TMI 57 - ORISSA HIGH COURT
Production of records - omission of section 137 from 1st April, 1964 - bar against disclosure - learned subordinate judge not committed any illegality in calling for the documents and agreeing to accept them in evidence on a subsequent to date 1st April, 1964
-
1971 (8) TMI 56 - BOMBAY HIGH COURT
Whether transactions of sale and purchase of shares are trading transactions or whether they are in the nature of investment is a question of law – there is no formula of universal application for determining this question and every case has to be decided on its own facts – Whether the assessee was a dealer in shares in the accounting periods relevant to the assessment year – Held, no
-
1971 (8) TMI 55 - DELHI HIGH COURT
Payment made to the Vanaspati Manufacturers' Association of India - amount represented the assessee's share of propaganda expenses incurred by the association - expenditure was wholly and exclusively for the purpose of assessee's business – expenditure have a clear nexus with assessee's trade - allowable for deduction
-
1971 (8) TMI 54 - GUJARAT HIGH COURT
Loan to shareholder exceeds the accumulated profits - Whether only 1/300th being the proportion of the number of shares of the company held by the assessee to the total number of shares of the company, of the accumulated profits of the company can be treated as dividend under section 2(6A)(e) – on a proper interpretation of section 2(6A)(e), the question is answered in the negative - whole of the sum would be liable to be taxed as dividend in the hands of the assessee u/s 2(6A)(e)
-
1971 (8) TMI 53 - DELHI HIGH COURT
Profit on sale of plots – ITO contend that this profit was business profit earned by "adventure in the nature of a trade" - assessee contended before the Income-tax Officer that this profit was a capital gain – since purchase and sale is not in the line of assessee's business, excess price realised by the assessee by the sale of the two plots could not be regarded as profit accruing from adventure in the nature of trade
-
1971 (8) TMI 52 - ALLAHABAD HIGH COURT
Assessee, a banking company, borrowed funds partly in treasury deposit certificates and partly in post office national savings certificates – assessee received interest on those securities - admittedly, interest on treasury deposit certificates is exempt from income-tax - whether the amount spent on acquiring tax-free securities can be apportioned and interest disallowed
-
1971 (8) TMI 51 - KERALA HIGH COURT
Partnership not dissolved on death of a partner – ITO making assessment on single firm - Whether Tribunal was correct in holding that the two firms were different and were not to be treated as one firm for the purpose of income-tax assessment – Held, no - Whether Tribunal was correct in holding that the Income-tax Officer was not justified in reopening the proceedings under section 147(b) – Held, no
-
1971 (8) TMI 50 - PUNJAB AND HARYANA HIGH COURT
Cash deposits – levy of penalty - burden of proof - ,penalty for concealment could not be levied merely because the cash deposits were surrendered by the assessee, unless there was material on the record to show that the surrendered item was his income
-
1971 (8) TMI 49 - GUJARAT HIGH COURT
Provisions for anticipated future losses – determination of the reasonableness of the dividends distributed for the purpose of section 23A - Whether losses suffered by the assessee-company in subsequent years were to be taken into account for the purpose of determining the applicability of the provisions of section 23A of the Income-tax Act, 1922
-
1971 (8) TMI 48 - KERALA HIGH COURT
Gift Tax Act, 1958 - proprietorship was converted into partnership with the sons contributing the amounts received as gifts - Whether there was a gift within the meaning of section 2(xxiv)(b) and section 2(xii) - Whether, the transaction in question was exempt under section 5(1)(xiv) on ground that it was in course of business
-
1971 (8) TMI 47 - BOMBAY HIGH COURT
Whether interest earned by a practicing solicitor on moneys held by him in the clients' account are includible in the computation of total income in his personal assessment - question is answered in negative
-
1971 (8) TMI 46 - MADRAS HIGH COURT
Whether the Tribunal's view that the deductions under section 80-I of the Income-tax Act should be applied to the profits and gains attributable to any priority industry before rule 8 of the Income-tax Rules is applied to ascertain the agricultural income chargeable to tax, is justified
-
1971 (8) TMI 45 - KERALA HIGH COURT
Belated return - asessee claim that it was due to his bonafide mistake - whether Tribunal was right in law in sustaining the order of penalty under section 271(1)(a) of the Income-tax Act, 1961 - Held, no
-
1971 (8) TMI 44 - ORISSA HIGH COURT
Sales tax debited by the assessee to the purchase account - sales-tax paid by the assessee to the Government is allowable as expenditure incurred wholly and exclusively for the purpose of business under section 10(2)(xv) of 1922
-
1971 (8) TMI 43 - KERALA HIGH COURT
Assessee, Financial Corporation constituted under the State Financial Corporations Act - State Government guarantees minimum dividend to the shareholders of assessee-company - taxability of such divided paid by govt. - whether, Tribunal was justified in holding that the amount to be taken for purposes of reduction in rebate on corporation tax under the Finance Act of 1964 is only Rs. 2,09,076.46 and not Rs. 3,50,000
-
1971 (8) TMI 42 - MADRAS HIGH COURT
Principles of natural justice - petitioner did not have a real opportunity to state his case - petition allowed - Whether assessing authority is justified in fixing a particular hour of day as the outer limit for making submission by the assessee
-
1971 (8) TMI 41 - KERALA HIGH COURT
Gift Tax Act, 1958 - conversion of proprietary business into partnership - whether the Tribunal was justified in law in treating the transaction in question as exempt under section 5(1)(xiv)
-
1971 (8) TMI 40 - ALLAHABAD HIGH COURT
Estate Duty Act, 1953 - Whether, on the facts and in the circumstances of the case, the estate duty was rightly levied in respect of the house property at No. 12, Elgin Road, Allahabad, as property passing on the death of the deceased
....
|
|