Allahabad Court January 1978 Judgments
Manju Tandon and anr. Vs. T.N. Kapoor, Dy. Supdt. of Police and ors.
Court: Allahabad
Decided on: Jan-31-1978
Reported in: [1988]115ITR473(All)
H.N. Seth, J.1. These are four petitions under Article 226 of the Constitution. As all petitioners in these petitions are claiming reliefs in similar circumstances, we have, with the consent of parties, treated all these petitions and affidavits filed therein as constituting one record and have heard them together,2. Smt. Manju Tandon, wife of Triloki Nath and Smt. Bina Tandon, wife of Ashok Kumar, are petitioners in Writ Petition No. 637 of 1976. Their respective husbands are related to each other as brothers and they reside at 169, Jijmau, Kanpur. Smt. Savitri Tandon, wife of Kailash Nath Tandon, petitioner in Writ Petition No. 638 of 1976, is the mother-in-law of the two petitioners in Writ Petition No. 637 of 1976, and she along with other members of the family also resides in house No. 169, Jajmau, Kanpur. Smt. Hira Devi Tandon, wife of Bhola Nath Tandon, petitioner in Writ Petition No. 639 of 1976, along with her daughter-in-law, Smt. Girja Devi Tandon, wife of Vijai Narain Tando...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. Late Sethani Indermani Jatia (thr ...
Court: Allahabad
Decided on: Jan-31-1978
Reported in: [1988]114ITR539(All)
Satish Chandra, J.1. The Tribunal has referred the following question of law in relation to the assessment year 1963-64:'Whether, on the facts and in the circumstances of the case, the interest of Rs. 20,880 paid on overdraft during the assessment year 1963-64, was legally taxable ?'2. The assessee had claimed deduction of Rs. 45,898 towards payment of interest on borrowings. The Income-tax Officer made a proportionate disallowance amounting to Rs. 20,880 because the assessee had, in fact, not charged interest from various persons to whom it had lent money, though the advances to some of those persons were from borrowings from the banks. He, therefore, made allocation on a proportionate basis.3. The assessee went up in appeal. The Appellate Assistant Commissioner upheld the disallowance but on a different ground. He relied upon the previous history of the case under which a donation made by the assessee to the Ganga Sagar Jatia Engineering College was a transaction on which interest ha...
Tag this Judgment!Additional Commissioner of Income Tax Vs. Laxmi Kant GuptA.
Court: Allahabad
Decided on: Jan-31-1978
Reported in: (1978)7CTR(All)132
Satish Chandra, J. - Laxmi Kant Gupta was a partner having 20 per cent share in the firm M/s. Nandoo Ram and sons. He represented his own Hindu Undivided Family in the aforesaid partnership firm. His H.U.F. consisted of himself, his wife and a minor son. On 1st April, 1966, the family members effected a partial partition in the family. The share capital of the family in the aforesaid firm, which stood at Rs. 1,27,699.29 p. was divided into three equal shares. On 11th May, 1966 the members of the H.U.F. executed memorandum of partial partition recording the aforesaid agreement and stating that each of the three members of the family will separately own his or her share in the divided capital as well as share income or loss in the aforesaid firm. The capital standing to the credit of Laxmi Kant Gupta in the books of the firm no loner remained joint but henceforth the share of each member will be his separate and absolute property with effect from 1-4-1966.2. For the assessment year 1967-...
Tag this Judgment!Smt. Gauri Devi Vs. Sales Tax Officer and ors.
Court: Allahabad
Decided on: Jan-31-1978
Reported in: (1978)7CTR(All)172
H. N. Seth, J. - Smt. Gauri Devi has filed this petition under Art. 226 of the Constitution praying that proceedings for attachment and sale of house No. HS 26 Kailash Colony Market New Delhi, for the realization of Sales Tax dues against one Messrs. Bagai Motor Service, Dehra Dun should be quashed.2. Facts disclosed by various affidavits filed in this case, briefly stated, are that with a view to continue the registration certificate of Bagai Motor Service Dehra Dun under the provisions of the Sales Tax Act, Sri Basdeo Sharma, husband of the petitioner and one Sri B. L. Sibal submitted a bond before the Sales Tax Officer, Dehra Dun, offering themselves as sureties. According to the bond, the Sales Tax Officer or any person authorised by him under the Sales Tax Act, could recovery from the sureties any amount of Sales Tax upto Rs. 3,00,000/- that remained unrealised from Messrs. Bagai Motor Service and that the properties mentioned therein (including house No. HS 26 Kailash Colony Mark...
Tag this Judgment!J. K. Jute Mills Co. Ltd. Vs. Income Tax Officer and anr.
Court: Allahabad
Decided on: Jan-31-1978
Reported in: (1978)7CTR(All)250
ORDERK. C. Agarwal, J. - This is a writ petition under Article 226 of the Constitution for quashing the order of the Income Tax Officer dated 27-4-1976 and that of the Commissioner of Income Tax dated 12-7-76. The facts briefly stated are these :-2. The petitioner is a public limited company having its registered office at Kamla Tower, Kanpur. It carried on the business of manufacturing jute and goods and maintains its account on calendar year basis. The petitioner received a notice of demand from the Income Tax Officer concerned on 31-7-1971 demanding an advance tax of Rs. 4,18,120/-. This amount had to be deposited by the petitioner in two instalments. The advance notice was given on the estimated income of the previous year. The petitioner deposited the first instalment of Rs. 20,9000/-within time. It, however, subsequently found that the current income (year 1972-73) was likely to be greater than estimated by the Income-tax Officer under S. 210 of the Income Tax Act. The Company ac...
Tag this Judgment!Addl. Commmissioner of Income-tax, Lucknow Vs. Late Sethani Indermani ...
Court: Allahabad
Decided on: Jan-31-1978
Reported in: [1978]114ITR539(All)
SATISH CHANDRA J. - The Tribunal has referred the following question of law in relation to the assessment year 1963-64 :'Whether, on the facts and in the circumstances of the case, the interest of Rs. 20,880 paid on overdraft during the assessment year 1963-64, was legally taxable ?'The assessee had claimed deduction of Rs. 45,898 towards payment of interest on borrowings. The Income-tax Officer made a proportionate disallowance amounting to Rs. 20,880 because the assessee had, in fact, not charged interest from various persons to whom it had lent money, through the advances to some of those persons were from borrowings from the banks. He, therefore, made allocation on a proportionate basis.The assessee went up in appeal. The Appellate Assistant Commissioner upheld the disallowance but on a different ground. He relied upon the previous history of the case under which a donation made by the assessee to the Ganga sagar Jatia Engineering College was a transaction on which interest had bee...
Tag this Judgment!Manju Tandon and Another Vs. T. N. Kapoor, Dy. Supdt. of Police, and O ...
Court: Allahabad
Decided on: Jan-31-1978
Reported in: [1978]115ITR473(All)
H. N. SETH J. - These are four petitions under art. 226 of the Constitution. As all petitioners in these petitions are claiming reliefs in similar circumstance, we have, with the consent of parties, treated all these petitions and affidavits filed therein as constituting one record and have heard them together.Manju Tandon, wife of Triloki Nath and Bina Tandon, wife of Ashok Kumar, are petitioners in Writ Petition No. 637 of 1976. Their respective husbands are related to each other as brother and they reside at 169, Jajmanu, Kanpur. Savitri Tandon, wife of Kailash Nath Tandon petitioner in Writ Petition No. 638 of 1976, is the mother-in-law of the two petitioners in Writ Petition No. 637 of 1976, and she along with other members of the family also resides in house No. 169, Jajmanu, Kanpur. Hira Devi Tandon, wife of Bhola Nath Tandon, petitioner in Writ Petition No. 639 of 1976, along with her daughter-in-law, Girja Devi Tandon, wife of Vijai Narain Tandon, and Vina Devi Tandon, wife of...
Tag this Judgment!ideal Tannery Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-27-1978
Reported in: [1979]117ITR34(All)
Satish Chandra, J.1. Two questions of law have been referred for our opinion :'1. Whether, on the facts and in the circumstances of the case, the expenditure mentioned under Section 40A(3) includes expenditure by way of purchases ? 2. Whether, on the facts and in the circumstances of the case, the assessee was entitled to relief under Rule 6DD of the I.T. Rules, 1962 ?' 2. On the first question, a Bench of this court in U. P. Hardware Store v. CIT : [1976]104ITR664(All) has held that payments made to suppliers for purchase of goods are expenditure within the meaning of Section 40A(3) of the Act. In view of this decision, the first question is answered in the affirmative.3. On the second question, Rule 6DD provides relief from the operation of Section 40A(3), inter alia, where the payment exceeding a sum of Rs. 2,500 is made for the purchase of produce of animal husbandry to the producers of such articles. Here the purchases in question were of hides and skins and the finding of the Tri...
Tag this Judgment!Gappumal Kanhaiyalal Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jan-27-1978
Reported in: [1979]117ITR78(All)
Satish Chandra, J. 1. The assessee-firm carries on money-lending business. It had some time back advanced a sum of Rs. 2 lakhs to Messrs. Kapoor Hosiery Factory (Pvt.) Ltd., Calcutta. In the previous year relevant to the assessment year 1969-70, a sum of Rs. 18,191 accrued as interest due on this loan. The accounting period of the debtor-company ended on January 31, each year. On January 31, 1968, it credited the account of the assessee with the aforesaid amount of interest. On February 2, 1968, the debtor-company addressed a letter to the assessee stating that the company was undergoing great difficulty and was not in a position to pay the interest. It requested the assessee to forgo the interest charges for that year. On February 8, 1968, the assessee replied :'We appreciate your difficulty in payment of interest for the year ending January 31, 1968, in view of the continued losses suffered by your firm and considering our old relations we agree to forgo the interest amounting to Rs....
Tag this Judgment!Smt. Chandra Kiran Vs. Commissioner of Wealth Tax.
Court: Allahabad
Decided on: Jan-27-1978
Reported in: (1978)7CTR(All)0246A
ORDERSatish Chandra, J. - On 16th January, 1974, the petitioner filed his returns under the Wealth Tax Act for the assessment years 1969-70 to 1973-74. It is not disputed that these returns were filed prior to the issuance of any notice under S. 14(2) of the Wealth Tax Act. In the usual course, the Wealth Tax Officer passed the assessment order dated 30-12-1974 for these years. In the operative portion of his order, he stated, 'Issue notice of demand and challan. Proceedings u/s. 18(1)(a) have already been started for late filing of return'.2. Thereupon the petitioner applied to the Commissioner, Wealth Tax under S. 18(2-A) of the Wealth Tax Act, for waiver of the proposed penalty leviable under S. 18(1)(a) for the late filing of the return.3. The Commissioner held that in respect of the first three years though the petitioner had disclosed the value of the house-property at Sadwara, Farrukhabad but he claimed exemption in respect of it under S. 5(1)(iv), which was rejected. The petiti...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »