Allahabad Court November 1979 Judgments
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Commissioner of Income-tax Vs. Kanodia Warehousing Corporation
Court: Allahabad
Decided on: Nov-15-1979
Reported in: [1980]121ITR996(All)
Rastogi, J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961, and it relates to the assessment year 1974-75, the corresponding previous year ended March 31, 1974. The assessee, a registered firm, had constructed four warehouses at a cost of Rs. 2,89,064. In the relevant previous year its main business was to book space for storing potatoes on behalf of its customers on rent agreed to with M/s. Kanodia Cold Storage and thereafter realise hire charges from the customers for storage of potatoes. The nature of the business was that the assessee stored the potatoes of its customers in its warehouses for sorting and grading and thereafter loaded the same in the cold storage. For the year under consideration, the assessee declared a loss of Rs. 27,410. It had charged development rebate at Rs. 58,360 in respect of those warehouses. The ITO did not accept the assessee's claim in regard to the development rebate since in his opinion the warehouses of the assessee were merely god...
Prakash Chandra Sharma Vs. Kaushal Kishore
Court: Allahabad
Decided on: Nov-14-1979
Reported in: 1980CriLJ578
ORDERP.N. Bakshi, J.1. It appears that proceedings under Section 145, Cr. P. C, were pending between Prakash Chandra Sharma and Babuddin. On 20th Dec., 1975, Prakash Chandra filed an application informing the Municipal Board that these proceedings were over, and the rasta in dispute had been released. This information was supplied for the purpose of obtaining sanction with respect to which an earlier application was already pending before the Municipal Board. On the same day, viz. 20th Nov., 1975, the Municipal Board sanctioned the plan submitted by Prakash Chandra. It appears that on 11th Nov., 1976, Babuddin filed an application and affidavit before the Officer-in-Charge of the Municipal Board that the information which was conveyed by Prakash Chandra regarding the termination of proceeding under Section 145, Cr. P. C. was false and that the same were still pending. On 6th May, 1977, a complaint was filed by the Officer-in-Charge of the Municipal Board, Bulandshahr. The accused was s...
Ram Singh and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Nov-13-1979
Reported in: [1981]131ITR622(All); [1980]4TAXMAN22(All)
C.S.P. Singh, J.1. The Tribunal has referred the following question of law for our opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was not entitled to the deduction of the disputed amount of Rs. 13,692 on the ground that such expenditure was not provided for in the books of account maintained by it on the mercantile system of accounting and that such amount was also not actually paid during the relevant year of account '2. The assessment year involved is 1972-73. The assessee is a firm carrying on the business of manufacture and sale of machinery parts for sugar mills and also of repair work maintaining its books of account on mercantile system, the previous year being the financial year ending on 31st of March, 1972. In that year, the asseseee had madea provision to the extent of Rs. 26,918 towards payment of bonus. This was made to cover the liability brought forward of the erstwhile HUF which carried on...
Commissioner of Income-tax Vs. J.K. Bankers
Court: Allahabad
Decided on: Nov-13-1979
Reported in: [1980]124ITR687(All)
C.S.P. Singh, J.1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following question of law for our opinion :'Whether the Tribunal was right in holding that relief under Section 80K is allowable on the gross amount of dividend received from J. K. Synthetics Ltd., and in rejecting the claim of the department that this relief was allowable only with respect to the net amount of dividend arrived at after deducting the interest payable on loans taken for the purchase of the shares '2. The question referred relates to the assessment year 1972-73. The assessee had purchased shares of J. K. Synthetics Ltd., and for making the purchase, had borrowed certain amounts of money bearing interest. In the relevant previous year the assessee received an amount of Rs. 3,24,238 as dividend from M/s. J. K. Synthetics Ltd. The assessee claimed that this amount be deducted from its income under Section 80K while computing its income. The contention was, however, rejected by...
Commissioner of Income-tax Vs. Taj Gas Service
Court: Allahabad
Decided on: Nov-13-1979
Reported in: (1980)17CTR(All)91; [1980]122ITR1034(All)
C.S.P. Singh, J.1. The Income-tax Appellate Tribunal has referred the following question of law for opinion of this court:'Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that Section 41(1) of the Income-tax Act, 1961, is not attracted to this case ?'2. The facts necessary for answering this question may be shortly stated. The assessee had paid certain amounts of sales tax in discharge of sales tax liability for the years 1970-71 and 1971-72. The assessee claimed these amounts as deductions in its income which were allowed. The assessee, in the meantime, has filed appeals to Judge Appeals, Sales Tax, and, as a result of the latter's order, the assessee received refunds amounting to Rs. 11,509 and Rs. 18,188 with respect to assessment years 1974-75 and 1975-76, respectively. These amounts were credited by the assessee to 'sales tax refund account'. The sales tax dept, however, did not acquiesce to this order and...
Smt. Habibunnisa Begum Vs. the Life Insurance Corporation and ors.
Court: Allahabad
Decided on: Nov-13-1979
Reported in: AIR1980All147
V.K. Mehrotra, J.1. The prayermade in this application by the appellantis that he may be permitted to get thePaper Book in the appeal prepared out ofcourt by getting it cyclostyled. The application has been made under the provisionsof Chap. XIII of the Rules of Court, 1952which deals with Paper Books in First Appeals. The question which has to be decided is whether a cyclostyled Paper-Book can be permitted to be preparedunder that Chapter.2. Rule 3 of Chap. XIII provides that the Paper Book in First Appeals valued at Rs. 10,000/- or more shall be printed and in other First Appeals, unless otherwise ordered, it shall be type-written. The limit about the valuation can be raised by the Chief Justice to an amount up to Rs. 20,000/-. The number, where a printed Paper Book is required, shall ordinarily be ten while the number of copies to be prepared is to be six where the Paper-Book required under this Chapter is to be type-written as provided under Rule 42. It is laid down in Rule 48 that ...
Smt. Thakuri Devi, Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Nov-12-1979
Reported in: [1983]139ITR271(All)
R.R. Rastogi, J. 1. These three references arise out of the same set of facts and are inter-related. Hence, all of them are being disposed of by a common judgment.2. The assessees are Smt. Thakuri Devi, Smt. Shanti Devi and Smt. Parwati Devi. For the assessment year 1971-72, a notice under Section 14(2) of the W.T. Act, 1957, was issued to these assessees and they should have filed their returns of total wealth by June 30, 1971. They, however, filed the returns on August 17, 1972. The WTO, after completing the assessments, initiated penalty proceedings under Section 18(1)(a) of the Act. Pursuant to that notice no reply was filed by these assessees and the WTO imposed penalty in the sums of Rs. 24,728, Rs. 27,187 and Rs. 28,690 on the three aforesaid assessees, respectively.3. The assessees appealed and made various submissions before the AAC. The submissions were that the assessees were purdanashin ladies, that each of them held 1,000 shares of M/s. Markandey Prasad Radha Krishna Priva...
income-tax Officer Vs. Rani Ratnesh Kumari
Court: Allahabad
Decided on: Nov-09-1979
Reported in: [1980]123ITR343(All)
R.R. Rastogi, J.1. This reference under Section 256(1) of the Income-tax Act, 1961 (hereafter 'the Act'), relates to the assessment year 1971-72. The Income-tax Appellate Tribunal, Allahabad Bench, has referred the following question for the opinion of this court.'Whether, on the facts and in the circumstances, the Income-tax Appellate Tribunal was correct in holding that the excess profit accruing on the transaction amounting to Rs. 14,254 for the assessment year under consideration constituted assessee's income assessable under the head ' Capital gains' and not as the income arising out of an adventure in the nature of trade '2. The brief facts are that the assessee, an individual, had purchased a house property of an area of about 20,000 sq. yards comprising of two bungalows, servant quarters and a vast piece of vacant land, in the city of Jaipur, on February 12, 1968. The consideration was Rs. 87,999. Later on, the assessee divided a portion of the vacant land in sub-plots and made...
Food Corporation of India, Hapur Vs. Ishwar Singh Bharat Bhushan, Baro ...
Court: Allahabad
Decided on: Nov-09-1979
Reported in: AIR1980All125
ORDERSatish Chandra, C.J.1. On July 2, 1976, the plaintiff opposite party filed a suit for recovery of money against the Food Corporation of India. In the summons that were issued December 15, 1976 was fixed for filing the written statement. On that date the defendant appeared and prayed for time. Time was allowed till December 22, 1976. On that date the defendant again applied for time which was granted till January 22, 1977. On January 22, 1977, the defendant appeared and moved an application for stay of the hearing of the suit under Section 34 of the Arbitration Act. The arbitration agreement was set up and it was prayed that the matter in dispute be referred to arbitration. The application under Section 34 was dismissed. An appeal filed against that order also failed. Aggrieved, the defendant has come to this Court in revision.2. Section 34 of the Arbitration Act runs as follows:'34. Where any party to an arbitration agreement or any person claiming under him commences any legal pr...
G.N. Khanna Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Nov-08-1979
Reported in: [1980]122ITR932(All)
R.R. Rastogi, J. 1. These three references arise out of the same set of facts and are inter-related. Hence, all of them are being disposed of by this common judgment.2. The assessees, Sarvasri G. N. Khanna, N. K. Khanna, M. N. Khanna, S. K. Khanna, K. N. Khanna, are partners in M/s. Annapurna Biscuit Manufacturing Company, Kanpur. The assessment year involved in the cases of G. N. Khanna and M. N. Khanna are 1971-72 and 1972-73, while in the cases of others the year involved is 1972-73. The dispute in the assessments to wealth-tax for these assessees related to the addition of their respective shares in the development rebate reserve as appearing in the books of the firm. In the balance-sheets of the firm relevant for the years under consideration under the head ' development rebate reserve account ' on the liabilities side the following figures were shown :Assessment year Amount Rs.1971-72 3,85,8331972-73 3,88,6223. The WTO in the case of each of these assessees made an addition ofthe...
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