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Allahabad Court June 1984 Judgments

Jun 23 1984

income-tax Officer Vs. Raj Kumar ChaurasiyA.

Court: Allahabad

Decided on: Jun-23-1984

Reported in: [1986]17ITD906(NULL)

ORDERPer Shri A. K. Das, Judicial Member - By these three appeals, the department challenges the order of the Commissioner (Appeals), dated 10-2-1982 by which he sets aside the penalties imposed on the assessee for the assessment years 1974-75 to 1976-77. The appeals are opposed by the assessee.2. On 26-10-1974 the assessee filed return of income for the assessment year 1974-75 for the first time. He declared an income of Rs. 5,200 and assessment under section 143(1) of the Income-Tax Act, 1981 (the Act) was made on the same day, i.e., 26-101974. Again on 25-11-1974 another return showing an income of Rs. 8000 for the assessment year 1974-75 was filed by the assessee. An assessment on the income of Rs. 9,000 under section 143(3) was made on 6-2-1975. Return for the assessment year 1975-76 showing an income of Rs. 8,500 was filed on 31-7-1975 and return for the assessment year 1976-77 showing an income of Rs. 13,000 was filed on 22-7-1976. On 15-9-1976 the assessee again filed revised r...

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Jun 21 1984

National Trading Syndicate Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Allahabad

Decided on: Jun-21-1984

Reported in: (1984)10ITD305(All.)

1. During the assessment proceedings for the assessment year 1972-73, the assessee claimed to deduct certain debts due from Ajanta Taxtiles Ltd., Lakshmiratan Cotton Mills Company Ltd., Moradabad Spg. & Wvg.Mills Company Ltd., Moradabad and Usha Spg. & Wvg. Mills Ltd., Faridabad. The ITO rejected the claim on the ground that it was premature as it had not been established beyond doubt that the debts had, in fact, become irrecoverable or bad during the relevant previous year. The matter reached up to the Tribunal. The Tribunal allowed the claim regarding Usha Spg. & Wvg. Mills. Ltd., but rejected the claim with regard to the other three parties.2. In the meantime the assessment for the assessment year 1973-74 was taken up. The ITO did not consider the claim of the assessee in this year. The assessee also did not approach the ITO for any such claim as at that time its appeal for the assessment year 1972-73 itself was pending. After the receipt of the order of the Tribunal da...

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Jun 19 1984

Smt. Pushpa Kapoor Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Allahabad

Decided on: Jun-19-1984

Reported in: (1984)10ITD319(All.)

1. Since the above appeals relate to the same assessee and also involve a common contention, they are disposed of by this consolidated order for the sake of convenience.2. The assessee is assessed as an individual on her share from various firms and interest, etc. Her minor daughter, Km. Vandana Kapoor, was admitted to the benefits of partnership, in the firm of Kanpur Textile Agents with effect from 22-6-1974 under a deed of partnership dated 31-7-1974. She had deposited a sum of Rs. 101 on 22-6-1974.Subsequently she made another deposit of Rs. 3,500 on 14-3-1975. There were various other deposits in her account as also withdrawals in different years. In the present appeals, we are concerned with the assessment years 1978-79 to 1980-81. In these years, she was credited with profit as well as interest from Kanpur Textile Agents.3. The ITO brought to tax both the share and interest falling to Vandana Kapoor from the aforesaid firm in the assessments of the assessee of the above assessm...

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