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Case Laws
Showing 21 to 40 of 103 Records
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1980 (5) TMI 100
Whether the Commission on the Status of Women or the Central Governments or the State Governments have considered this aspect of sex discrimination in most land reforms laws, but undoubtedly the State should be fair especially to the weaker sex?
Held that:- Appeal dismissed.
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1980 (5) TMI 99
Whether Articles 31A(1)(a), 31B and the unamended Article 31C are valid ?
Held that:- Appeal dismissed. Learned Chief Justice has held the impugned Act good in its own right.
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1980 (5) TMI 98
Circumstances in which a company may be wound up ... ... ... ... ..... ty bond that the company is the consignee of the goods. But, for the false representation of the company, that it was the consignee of the goods, and will produce and deliver to the owners of the ship the bill of lading for the goods duly endorsed as soon as it will arrive, the delivery could not have been given to the company. It has only paid a sum of Rs. 10, 50,000 to the ship owners, and not the entire value of 7,25,000 U.S. dollars, which will exceed Rs. 60 lakhs, though more than three years have elapsed. It has, therefore, neither paid to the ship owners, nor to the holders of the bill of lading, i.e., the bank, nor to Patel Holdings with whom the order was placed. The conduct of the company also goes to show that prima facie the dispute about the debt of at least a balance amount of 45,000 U.S. dollars along with interest is not bona fide, and prima facie there appears to be no substance in it. We find no substance in this appeal and it is hereby dismissed with costs.
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1980 (5) TMI 90
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... ... ..... went to AAC he cancelled the said orders following two decisions of IT Appellate Tribunal, Bombay on the ground that that was a matter on which there could conceivably be two opinions. 4. We have heard the ld. Deptl. Rep. as well as the counsel for the assessee. Though the decisions of ITAT Bombay have not been made available to us yet reading the second proviso to s.23(1), we could not agree with the Deptl. Rep. that the income from the newly constructed house property should be taken at Nil. Out reading was that the said provision is authority only for the proposition that the allowance for newly constructed property can be given only to the extent that the income is reduced to zero and cannot be allowed so as to convert the income into minus figure. Thus, there are conceivably more than two views on the applicability of the aforesaid provisions, We therefore, uphold AAC rsquo s order cancelling ITO rsquo s order u/s 154. 5. In the result, the Deptl. appeals are dismissed.
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1980 (5) TMI 89
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... ... ..... er retirement and she was not a working partner and her capital investment was only Rs. 5,145. Thus her share is goodwill of the firm, if any, would be only a nominal amount. Regarding the legal contentions, we are inclined to follow the decision in the Bombay High Court in 122 ITR 958 where under similar circumstances of retirement of a partner it was held that there was a mutual give and take between the retiring partner and continuing partners and while the retiring partner gave up his share of goodwill, etc., the continuing partner took over the liabilities and all further claims against the continuing partnership and therefore, there was a quid pro quo and there was no gift by the retiring partner of his share in the goodwill. We would accordingly hold that there was no deemed gift of the share of goodwill in the firm by the deceased. We accordingly delete the addition of Rs. 11,700 upheld by the Appellate Controller. 7. In the result, the appeal succeeds and is allowed.
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1980 (5) TMI 87
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... ... ..... assed on the death of the deceased and goodwill and though it did not pass to the legal heirs of the deceased, it certainly passed to the remaining partners and that s. 5 of the ED Act is attracted. We are unable to accept this contention of Shri Sathe. In fact, there is much force in what Shri Shah stated before us in that since there is a specific clause in the partnership deed itself, which speaks of goodwill and it does not include death of a partner. In absence of a specific clause or condition in the partnership deed, we cannot super-impose what is not there in the deed. Therefore, we hold that he authorities below erred in including the amount of Rs. 26,000 in the principal estate of the deceased. 4. Both sides relied on certain judgment of the High Court. But since we are deciding the issue on appreciation of facts and material on record, it is not necessary to refer to the citation relied on by both the sides. 5. In the result, accountable person s appeal is allowed.
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1980 (5) TMI 86
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... ... ..... representatives at Indore. These expenses were part of the expenses of Rs. 10,417 incurred on opening of new branches for which ceremonies were organised on the opening day of the branches. Departmental Representative claimed that the said expenditure is covered by 103 ITR 321 (Bom) and therefore in the nature of entertainment expenditure, while the assessee relies on the aforesaid decision of CIT vs. Shah Nanji Nagsi(1). We hold that the said expenses are covered by later decision and therefore are allowable expenditure. We accordingly delete the said addition. 3. In the result, the appeal is allowed.
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1980 (5) TMI 79
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... ... ..... inclined to make it mainly because that would alter the very basis of assessment already made and also because there is scarcity of material to estimate the yearly profits of the trade. We do not also propose to refer the case for that purpose because there was already ample opportunity to the Department to make an assessment of that type. They want only and wilfully refused to do it and insisted on processing the case on the basis of ownership for which evidence was lamentably lacking. In fact, the CIT (A) in the impugned appellate order had elaborately dealt with the question as to why an assessment should not and need not be made on the profits of the trade. That being the stand taken by the Department, we do not propose to confer a third opportunity to the ITO to salvage the lost case of an assessment of the assessee. 7. Appeal of the assessee allowed. The cross objections of the Department dismissed. Even the addition of Rs. 4,28,713 sustained by the CIT (A) is deleted.
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1980 (5) TMI 77
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... ... ..... the basis of tax on tax would have been supported. In this case only a specified amount was given as Income-tax allowance. Just because, this amount was called Income-tax allowance, it does not make the salary a tax free one. Only the actual amount received and receivable can be taxed and nothing more. 5. If any amount is paid or payable by the employee towards income-tax of the employee or is reimbursed or reimbursable to the employee by the employer such amount may well be taxable. If the payment of such amount is done with a view to secure an agreed net income, such net income is to be grossed up on the basis of tax on tax. In this case, no such net income is secured. We have no doubt that any other view is impossible even in the light of the all the case law cited by both the parties. 6. In the result, the appeals will have and are to be allowed. The perquisites for reimbursement of income-tax will be limited in the actual amount of Rs. 9,574 and Rs. 12,082 respectively.
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1980 (5) TMI 75
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... ... ..... assessee rsquo s only alternative was to write off the debt and even though the write off amounted to abandonment, it would not be a gift under s. 4(1)(c) of the GT Act because the entire write off was. 6. In the present case, even if it is taken that the assessee had relinquished the debt without taking steps for recovery because his son was involved, the bona fide of the write off is not in doubt since admittedly the assessee rsquo s son also stopped showing the item as liability from the asst. yr. 1973-74 onwards. The assessee has given plausible reasons for the write off of the irrecoverable amount. He has also an extra argument that even though he was a money-lender, he did not claim this item as a bad debt but transferred it to capital account. In the circumstances, even if the write off amounted to abandonment, it cannot be treated as a gift under s. 4(1)(c) of the GT Act applying the ratio of the cited decision. We would, therefore, allow the assessee rsquo s appeal.
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1980 (5) TMI 73
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... ... ..... shot up like all other charges. So far as the principle of appreciation is concerned, we agree with the Revenue business but the question is to what extent the increase has taken place in the labour charges. Looking to the labour charges as were determined by WTO for the asst. yrs. 1959-60 to 1964-65, we think that the labour charges for the year under appeal can reasonably be taken at Rs. 50,000. According to the WTO, the assessee is entitled to deduction 15 per cent of the jewellery weighing 17,767 grams. We, therefore, direct the WTO to compute the deduction which the assessee is entitled to get 15 per cent of the jewellery weighing 17.767 grams and allow the same to the assessee and add the labour charges of Rs. 50,000 to the assessment. While computing the valuation pursuant to our direction, the WTO will take care of the fact that the valuation will not be assessed at a figure lower than the returned valuation. 4. In the result, the appeal is accordingly partly allowed.
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1980 (5) TMI 72
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... ... ..... rein will be passed separately. Change of constitution implies that before and after 1st July, 1974, the firms continued with a change of constitution. Thus, on the one hand, he says that the firms continued before, on and after 1st July, 1974 with a change of constitution, but on the other hand, he says that there was no genuine partnership on or after 1st July, 1974 when Smt. Vimla Devi was admitted into the part partnership. The stand, which the ITO has taken, is wholly inconsistent. When ITO is of the view that there was change in the constitution of the firm, it means that the firm continued according to him, even after 1st July, 1974 and, therefore, he cannot say that there was no genuine firm in existence on or after 1st July, 1974. We are, therefore, of the view that the AAC rightly held that a genuine firm was constituted by Smt. Panni Bai and Smt. Vimla Devi. The ITO was, therefore, not right in refusing to grant registration to the firm. 4. The appeal is dismissed.
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1980 (5) TMI 71
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... ... ..... withdrawal of the amount from the books of M/s. Surajbhan Prem Nath is not the source of the deposit, but we agree with the assessee that it is only the mode and the manner of deposit. The source of deposit is the income from agricultural produce which is proved beyond doubt by the assessee. In these circumstances, the genuineness of the transaction cannot be doubted. The creditor having affirmed the loan, we are of the view that the onus was shifted to the Revenue and later failed to rebut the case of the assessee. The assessee having successfully discharged its onus, we hold that the transaction of cash credit is genuine and the authorities below were not justified in making the addition of Rs. 9,000 simply on the ground that withdrawal from the books of M/s. Suraj Bhan Prem Nath was not proved by the assessee. For the reasons, we reverse the order of the AAC and accept the contention of the assessee. The addition of Rs. 9,000 is, therefore, deleted. The appeal is allowed.
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1980 (5) TMI 70
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... ... ..... b and Haryana High Courts in the cases of CIT vs. Chokka Ayyannan and Ors., and Beri Chemical Industries respectively that acquisition order passed by the ITO refusing to entertain an assessee s belated application for registration under the proviso to s. 184 of the IT Act, 1961 tantamounts to an order under s. 185(1)(b) to the Act and, therefore, acquisition appeal lies to the AAC against such acquisition order under s. 246(j) of the Act. We, therefore, agree with the contention of the assessee that appeal did lie against the order of the ITO on this point to the AAC and the view of the AAC to the contrary cannot beneficiary supported. The decision of the Patna High Court in Ganga Motor Services is not of any assistance to the Revenue because it proceeded on different facts and does not relate to any of the points decided by us. 7. In the result, therefore, we direct the ITO to allow registration to the assessee firm for the asst. yr. 1976-77. The appeal shall stand allowed.
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1980 (5) TMI 69
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... ... ..... ort, the Valuer followed a method of valuation which stands disapproved by the Supreme Court. Therefore, no reliance can be placed on that report. The Asstt. Valuation Officer of the Valuation Cell, in our opinion, followed the correct method of valuation in his report dt. 14th June, 1977 and the market value determined by him by rent capitalisation method is, in our opinion, fair and reasonable. We have also looked into the so-called comparable cases cited by the IAC in support of his order. We are of the view that the facts in these cases are different and they cannot furnish a sound basis for determining the correct fair market value. Thus, considering the totality of the facts and the circumstances of the case, we are of the opinion that the fair market value of the building with appurtenant land in question could not exceed the sale consideration of Rs. 1,05,000 stated therein. 11. In the result, therefore, we cancel the impugned acquisition orders and allow the appeals.
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1980 (5) TMI 68
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... ... ..... rt in 121 ITR 1. Having regard to all these facts and circumstances, we are of the considered opinion that the contributions made 50ps.per quintal amounting to Rs. 2,87,231 which are lying in deposit with four nationalised Banks and which cannot be spent otherwise than on promotion of the objects of he assessee Mahasangh, are exempt for tax under s. 12 of the Act. 10. There is also a ground taken in the grounds of appeal that the authorities below erred in law in determining the status of the assessee as that of an AOP. No argument was urged in support of this ground. This ground does not arise out of the order of the AAC as the point has nowhere been discussed in the order of the AAC. Therefore this point does not call for any decision by us. If this point was taken by the assessee before the AAC, then the remedy of the assessee lied in getting it decided by him, if necessary by making an application under s. 154 of the Act. 11. In the result, the appeal is allowed pretante.
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1980 (5) TMI 67
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... ... ..... istance, so far as the levy of penalty on the assessee is concerned. We may, in this connection, place reliance on the decision of the Punjab and Haryana High Court in Addl. CIT vs. Karnail Singh(4), wherein their Lordships have observed that absence of proof acceptable to the Department, cannot be equated with fraud or wilful neglect . In the present case also, so far as the assessee is concerned, the onus of showing that there was absence of fraud or gross or wilful neglect in respect of the addition of Rs. 35,000 has been duly discharged by offering his explanation. The non-acceptance of the assessee s explanation would, in our opinion, not bring the case within the four corners of the provisions of s. 271(1)(c) or the Expln. to s. 271(1)(c) of the Act. Accordingly, we hold that no penalty in terms of s. 271(1)(c)or its Expln. is leviable on the assessee, and hence, we cancel the penalty of Rs. 33,000 imposed by the IAC in this case. 7. In the result, the appeal is allowed
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1980 (5) TMI 66
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... ... ..... y conveyance allowance from his employer and he has not been provided with any motor car/motor cycle/scooter and other vehicle by his employer for use by the assessee otherwise than wholly and exclusively in the performance of his duties. The car has been placed at the disposal of the Regional Office of which the assessee at the material time was Regionalk Mangaer and accordingly the car was meant for the performance of duties vis-a-vis by the employees of the Bank at the Regional office. The assessee having not been provided by the employer Bank any conveyance allowance or else any conveyance otherwise than wholly and exclusively for the performance of the assessee s official duties, standard deduction allowable under s. 16(1) of the Act in the case of the assessee and on the stated facts should have been allowed at Rs. 3,500 as provided for under the provisions of the IT Act, 1961. We direct accordingly. 8. In the result, the appeal by the assessee succeeds and its allowed.
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1980 (5) TMI 65
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... ... ..... re, been decided that where an assessee moves an application under s. 154 pointing out in the light of a later decision of the Supreme Court pronouncing the correct legal position, a mistake has occurred in any of the completed assessments in his case, the application shall be acted upon, provided the same has been filed within time and is otherwise in order. Where any such applications have already been rejected and the assessee filed fresh applications within the statutory time limit, the same may also be treated on par with the applications which may either be pending or received after the issue of this Circular. 2. The Board desire that any appeals or reference pending on the point at issue may please be withdrawn. Sd/ mdash (S. Bhattacharyya) Secretary, Central Board of Direct Taxes, (F. No. 245/17/71-A and P.A.C.). 11. In the result, the Misc. Petition-application for rectification succeeds and stands allowed under s. 254(2) of the Act, to the extent mentioned as above.
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1980 (5) TMI 64
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... ... ..... ue to the failure of the assessee to disclose fully and truly all material facts. 10. Having regard to the circumstances and facts of this case, the principle laid down by the Hon ble Supreme Court in the case of ITO vs. Lakhmani Mewal Das is applicable to the facts of the case before us. We find that there was nothing to show that the confession of Shri Rangabeharilal Atmaram Goel related to the loan to the assessee much less as the loan was shown to have been advanced by M/s. Lachminarayan Atmaram Goel of Calcutta, the live-link or close nexus which should be there was missing or at any rate too tenuous to provide a sound and legal basis for reopening of the assessment in the instant case. In this view of the matter, we find that the reopening of the assessment was not proper or valid on the basis of the reasons as recorded by the ITO in the instant case. The orders of the authorities below are, therefore, set aside. 11. In the result, the appeal of the assessee is allowed.
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