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Case Laws
Showing 221 to 240 of 263 Records
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1989 (7) TMI 44 - ALLAHABAD HIGH COURT
Appeal To Tribunal ... ... ... ... ..... judgment by restoring the appeal to its original number. In Sundaram v. Annangar 1890 ILR 13 Mad 492, the Division Bench laid down (headnote) An appeal cannot definitely be posted until the court has ascertained that notice of the appeal has been served on the respondent and date must then be fixed not less than one month from the date of service. The assessee was misled by the advice of his advocate that the hearing of the appeal was to be adjourned as thirty days had not expired since the service of the notice of the appeal on the assessee. This could itself be ground for setting aside the judgment and order passed on the appeal behind the back of the appellant and in not doing so, the Income-tax Appellate Tribunal committed a mistake apparent on the face of the record. Consequently, we allow the writ petition, quash the order of the Tribunal rejecting the application and direct the Tribunal to hear the assessee in the appeal after restoring the same to its original number.
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1989 (7) TMI 43 - RAJASTHAN HIGH COURT
Penalty, Reference ... ... ... ... ..... hat under section 271 as it stood at the time the original return was filed, penalty could only up to the extent of 20 of the difference of tax and that Rs. 19,508 has been imposed as penalty on that basis and that the further penalty of Rs. 40,000 could not be imposed. In our view, this contention cannot be accepted because the assessee filed a revised return on June 29, 1974, showing an income of Rs. 1,41,595. The said income was also less than the assessed income of Rs. 2,25,707. The assessee was, therefore, liable for imposition of penalty of 100 on the income assessed on June 29, 1974, in accordance with the provisions of section 271 of the Act as in force on June 29, 1974. The penalty of Rs. 40,000 imposed on the assessee cannot, therefore, be held to be in contravention of the provisions of the Act. In our opinion, no question of law requiring consideration by this court arises out of the order passed by the Tribunal. The reference application is, therefore, dismissed.
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1989 (7) TMI 42 - DELHI HIGH COURT
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... ... ..... t in holding that interest/rent receipts during the year should be taxed as business receipts and that, therefore, the entire expenditure of Rs. 22,996 for the assessment year 1971-72 was allowable as business expenditure ? (iii) Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in allowing the entire expenditure of Rs. 22,996 for the assessment year 1971-72 in computing the taxable income of the assessee ? The essential question which arises is whether any business was carried on or not. That is evident from a bare perusal of the questions as framed. The question whether the assessee was carrying on any business activity or not depends upon the facts found by the Tribunal. In the instant case, the Tribunal has found as a fact that the assessee was carrying on business. We find that no question of law arises from the aforesaid conclusion of the Tribunal. The petition is, accordingly, dismissed, but there will be no order as to costs.
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1989 (7) TMI 41 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... ning department to enable the assessee to extract coal for a score of years and such an expenditure was held to be of revenue nature and was allowed. In the second case, the assessee who was carrying on the business of tea-growing had set up proper fencing to protect the tea gardens and such expenses were allowed considering the same to be of revenue character. The facts of the present case are much better than the facts of the aforesaid decided cases. Here, for keeping the stocks-in-trade intact, covers have to be provided and such an expenditure would be nothing but an expenditure of revenue nature. The Tribunal was not right in disallowing the deduction of the cost thereof as a revenue expenditure. Accordingly, we hold that the entire expenditure incurred by the assessee on the purchase of tarpaulins and polythene covers is allowable as a revenue expenditure and we answer the question in favour of the assessee, in the negative. However, there will be no order as to costs.
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1989 (7) TMI 40 - PUNJAB AND HARYANA HIGH COURT
Assessment, Income, Interest ... ... ... ... ..... the Tribunal that the amount in question must be held to be chargeable to tax as income of the assessee-company during the assessment year 1972-73. The important point to note is that the amount of interest, namely, Rs. 150 or Rs. 100, as the case may be, was payable at the very beginning to enable the subscriber to participate in the chit fund scheme. According to the scheme, the subscriber had no option but to pay the whole amount at the very beginning. In other words, a subscriber was legally bound to make payment at particular time and the assessee had a corresponding legal right to receive it at that time. The time of its accrual was thus fixed. No occasion was thus provided, in these circumstances, for postponing the accrual of such income to the assessee. This being so, this question has clearly to be answered in the affirmative, in favour of the Revenue and against the assessee. This reference is disposed of accordingly. There will, however, be no order as to costs.
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1989 (7) TMI 39 - MADRAS HIGH COURT
Offences And Prosecution, Prima Facie Case, Wilful Attempt To Evade Tax ... ... ... ... ..... lf has committed to the fact that the lands are all enjoyed under one roof, I do not see any error in the order impugned. The question of splitting of the acreage based on the actual extent enjoyed by the individuals has to be considered by the authorities only if the petitioner applies for the reduction of his holding. The other point raised by the petitioner is that Velammal is not his legally wedded wife. But, unfortunately, the petitioner himself has given his option to include the entire lands for the assessment under section 65 of the Act. When the petitioner himself has given his consent for the inclusion of the entire extent of lands, as per the well-settled principles laid down by this court with regard to the scope of section 65 of the Act the petitioner cannot now wriggle out from the stand taken by him. As such, I do not find any error apparent to be corrected by issuing writs of certiorari as prayed for. Accordingly, these writ petitions are dismissed. No costs.
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1989 (7) TMI 38 - DELHI HIGH COURT
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... ... ..... red by a tenant which is in the nature of a capital expenditure, depreciation will be allowed. The said provision further indicates that construction of any structure or doing of any work in or in relation to or in any way renovating or extending or improving the building would be regarded as a capital expenditure. In the present case, the authorities have come to the conclusion that one-fourth of the total expenditure of Rs. 17,24,480 is in the nature of a capital expenditure. The extent to which the expenditure is of a capital nature, namely, which is in the category which comes within the provisions of section 32(1A), is a pure question of fact and, in our opinion, the Tribunal was right in coming to the conclusion that no question of law arose. It has been pointed out that some of the repairs and renovations were quite extensive and were in the nature of capital expenditure. For the aforesaid reasons, we find no merit in this petition and the same is dismissed. No costs.
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1989 (7) TMI 37 - RAJASTHAN HIGH COURT
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... ... ..... pplication arise out of the Tribunal s order dated March 25, 1988, and the same should be directed to be referred to this court for its decision. The application is, therefore, allowed and the Tribunal is directed, under section 27(3) of the Wealth-tax Act, to refer the following questions to this court for its decision (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that rule 2B(2) of the Wealth-tax Rules was not applicable in the assessee s case and consequently in deleting the addition made by the Wealth-tax Officer ? and (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the firm, Messrs. Bhuramal Rajmal Surana (Mfg.), Jaipur, is an industrial undertaking within the meaning of section 5(1)(xxxi) and consequently in holding that the value of the assessee s interest in that firm is exempt under section 5(1)(xxxii) of the Wealth-tax Act, 1957 ? No order as to costs.
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1989 (7) TMI 36 - DELHI HIGH COURT
Company, Entertainment Expenditure, Weighted Deduction U/S 35B ... ... ... ... ..... Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to weighted deduction on expenses which were general in nature and thus not covered under any of the clauses of section 35B? In our opinion, except two questions, the other questions are questions of fact. The two questions which alone should be referred to this court by the Tribunal are (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to the deduction under the head Entertainment expenses of a sum of Rs. 28,734 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to an amount of Rs. 4,361 by way of weighted deduction under section 35B of the Act? We direct the Tribunal to state the case and refer the aforesaid two questions of law. The petition is disposed of. No order as to costs.
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1989 (7) TMI 35 - DELHI HIGH COURT
Export Market Development Allowance ... ... ... ... ..... enditure incurred by foreign branches ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to weighted deduction under section 35B on the expenses which were general in nature and thus not covered under any of the clauses of section 35B ? In our judgment disposing of Income-tax Case No. 50 of 1985 (CIT v. Usha Sales Ltd. (No. 2) - 1990 182 ITR 453 (see below), we have held that similar questions which are sought to be referred in this petition are questions of fact. Following the same, we hold that no question of law arises and the petition is dismissed. No order as to costs.
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1989 (7) TMI 34 - DELHI HIGH COURT
Depreciation ... ... ... ... ..... ance on account of double shift or triple shift has to be interpreted. More so, when, in the present case, we are concerned with the question that when new machinery has been installed, is the extra allowance allowable even if the machinery has been installed on the last day of the accounting year and has worked only for one day ? These are questions which are pure questions of law and we, therefore, direct the Tribunal to state the case and refer the following question of law to this court Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the assessee was entitled to extra shift allowance on the entire plant and machinery including that installed during the relevant previous year irrespective of the fact as to for how many days the concern has worked double shift or triple shift during the previous year ? No other question of law is referred. The petition is disposed of Parties to bear their own costs.
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1989 (7) TMI 33 - RAJASTHAN HIGH COURT
Firm, Total Income ... ... ... ... ..... d 1990 182 ITR 42). We find that in that case also the question which was referred for the consideration of this court was on the same lines, with regard to the interpretation of section 64 of the Income-tax Act and this court held (at page 43) that section 64(1)(iii) of the Act applies where the minor child is of an individual who is the assessee as an individual and not where the assessee is Hindu undivided family. The present case is fully covered by the aforesaid decision of this court and in accordance with the said decision, the reference is answered in the affirmative, i.e., against the Revenue and in favour of the assessee, by holding that the Tribunal s view is justified. No order as to costs.
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1989 (7) TMI 32 - GAUHATI HIGH COURT
Advance Tax ... ... ... ... ..... cision that under sections 215 to 217, an assessee is made liable to pay interest whenever the amount of advance tax falls short of certain percentage. So, it was held that the same yardstick should apply against the Revenue. Other decisions referred to in the connection by Shri Goswami are those reported in CIT v. Traub (India) Pvt. Ltd. 1979 118 ITR 525 (Bom) and CIT v. T. T. Investments and Trades Pvt. Ltd. 1984 148 ITR 347 (Mad). As the same view has been taken by this court in Sookerating s case 1989 178 ITR 269, we find no good reason to depart from the same. The petition is, therefore, disposed of by stating that interest would be payable by the Government on excess advance tax even if the tax had not been paid on the due dates but had been paid during the financial year. The order of the Commissioner by which he refused to pay interest under section 214 is, therefore, set aside and the Department is directed to pay interest in the light of the observation made above.
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1989 (7) TMI 31 - DELHI HIGH COURT
New Industrial Undertaking ... ... ... ... ..... which the Income-tax Officer could have come to the conclusion that there was some material available with the assessee at the end of the accounting year. This being so, the question, as framed, does not arise. That leaves us only with question No. (v). In our judgments in Income-tax Case No. 136 of 1985 (J. K. Synthetics Ltd. (No. 1) case 1990 181 ITR 505) and 107 of 1987 (J. K. Synthetics Ltd. (No. 2) case 1990 181 ITR 537), we have directed the Tribunal to refer an identical question. Following the said decisions, we direct the Tribunal to state the case and refer the following question of law to this court Whether the Income-tax Appellate Tribunal was correct in law and on facts in holding that the cops were never intended to be a part of sale proceeds inasmuch as cops do not form a part of the trading receipts and thereby deleting the addition of Rs. 4,12,000 made by the Income-tax Officer on account of cops security deposit account ? There will be no order as to costs.
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1989 (7) TMI 30 - RAJASTHAN HIGH COURT
Reference, Wealth Tax ... ... ... ... ..... aid question to this court. As regards questions Nos. 1 and 2 raised in the application, Shri N. M. Ranka, learned counsel for the assessee, has submitted that if the said questions are decided in favour of the Revenue, the total addition to the wealth of the assessee would be Rs. 40,000 and it would lead to an additional tax liability of Rs. 400 only. The submission of Shri Ranka is that the amount of additional tax liability is so small that it does not call for reference of the question to this court for consideration. We find considerable force in this submission. Taking into consideration the fact that the amount of additional tax liability that may be imposed on the assessee in the event of questions Nos. 1 and 2 being decided in favour of the Revenue is Rs. 400 only, we do not think it to be a fit case in which the Tribunal may be directed to refer these questions to this court for its decision. The reference application is, therefore, dismissed. No order as to costs.
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1989 (7) TMI 29 - BOMBAY HIGH COURT
Benami Transaction
... ... ... ... ..... recorded as the owner of the property in the place of Satyabhamabai as a legal heir of the real owner, Yeshwantrao. Since 1967, Pandurang is holding the property in his name as legal and real owner for all practical purposes. In view of the discussion, the Act of 1988 which came into force on May 19, 1988 even though retroactive in operation, cannot create a bar against Pandurang to re-enforce his right against Kamlakar in respect of the property which ceased to be benami since 1966, as a consequence of execution of the relinquishment deed, exhibit 35. Pandurang was, therefore, entitled to recover possession from Kamlakar. The courts below were justified in awarding decrees in favour of Pandurang. The judgment and decree, in view of the discussion, does not suffer from any legal infirmity. Second Appeal No.136 of 1989, therefore, must fail. In the result, second Appeal No. 135 of 1989 and Second Appeal No. 136 of 1986 are hereby dismissed. There would be no order as to costs.
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1989 (7) TMI 28 - KERALA HIGH COURT
Business Expenditure, Goodwill Bonus ... ... ... ... ..... ernational Cashew Traders 1990 182 ITR 449) and ITR No. 198 of 1985. On a perusal of the order of the Appellate Tribunal, it is seen that the Tribunal has not considered these aspects at all. Therefore, there had been no adjudication of the case as required by law. We also held therein that any bonus paid beyond the limit mentioned in the Bonus Act should stand the test specified in section 36 (1) (ii) of the Act. In the light of the above, we decline to answer the questions referred to us, but at the same time direct the Appellate Tribunal to consider the matter afresh in the light of the decision reported in CIT v. P. Alikunju, M. A. Nazir, Cashew Industries 1987 166 ITR 611 and I.T.R. No. 185 of 1985 (CIT v. P. Balakrishna Pillai, International Cashew Traders 1990 182 ITR 449 (Ker) ) and 198 of 1985. A copy of this judgment under the seal of the High Court and the signature of the Registrar shall be forwarded to the Income-tax Appellate Tribunal., Cochin Bench, forthwith.
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1989 (7) TMI 27 - DELHI HIGH COURT
Reference, Wealth Tax ... ... ... ... ..... ts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the assessee s claim that the sum of Rs. 56,800 representing the balance standing to the credit of his compulsory deposit account as on the valuation date did not constitute a right to receive annuity and hence would not qualify for exclusion from liability to wealth-tax by not being regarded as an asset within the meaning of section 2 (e) (2) (ii) of the Wealth-tax Act ? The application is disposed of. No costs.
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1989 (7) TMI 26 - DELHI HIGH COURT
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... ... ..... n thereto, question No. (i) is also a question of law as it involves the interpretation of sections 11 and 12 of the Income-tax Act. Questions Nos. (ii) and (iii) are questions of fact and no reference need be made of the said questions. We, therefore, direct the Tribunal to state the case and refer the following two questions of law to this court (i) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in holding that the donation of Rs. 3,50,416 directly credited to the land acquisition fund formed corpus of the assessee-trust ? (ii) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct both on facts and in law in holding that a sum of Rs. 47,276 representing membership fee was not income from other sources by following their order for the assessment year 1973-74 which has not been accepted by the Department ? There will be no order as to costs.
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1989 (7) TMI 25 - DELHI HIGH COURT
Charitable Trust, Reference ... ... ... ... ..... estion of law to this court Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the income received by the assessee by way of subscriptions from its members was not assessable to income-tax by virtue of section 11 of the Income-tax Act, 1961 ? The petition is disposed of. No costs.
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