Allahabad Court January 1996 Judgments
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City Montessori School Vs. Assistant Commissioner of Income Tax
Court: Allahabad
Decided on: Jan-31-1996
Reported in: (1999)64TTJ(All)475
ORDERDR. O.K. TRIPATHI, AM:This is an appeal filed by the assessee against the order of the learned first appellate authority in which the following grounds have been taken :1. Because the learned CIT(A) has erred in law and on facts in holding that the appellant institution was not entitled to the exemption envisaged under s. 10(22) of the IT Act, 1991, and in holding that it was liable to be assessed at an income of Rs. 36,15,633 represented by the surplus shown in the P&L; a/c as against 'Nil' income shown by appellant in the return filed in compliance with the notice under s. 142(1).2. Because a correct reading of 'Aims and Objects' of the appellant society coupled with the activities actually carried on by it ever since its inception, go to prove unmistakably that it existed solely for education purposes and not for purpose of profit and accordingly the appellant's claim for exemption under s. 10(22) was justified and true on facts as well as in law.3. Because in any case, the fin...
Punjab National Bank New Delhi, and Others Vs. All India New Bank of I ...
Court: Allahabad
Decided on: Jan-24-1996
Reported in: AIR1997All8; [1996(73)FLR1191]
ORDERR. A. Sharma, J. 1. Fourteen Banks including the Punjab National Bank Ltd. (hereinafter referred to as P. N. B.) were nationalised by The. Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. Six more banks were nationalised by The Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980 (hereinafter referred to as the Act). The New Bank of India (hereinafter referred to as N. B. I.) was one of the six banks which were national ised by the Act. The Central Government, in exercise of power conferred on it by Section 9 of the Act, framed on 4-9-1993 the New Bank of India (Amalgamation and Transfer of Undertakings) Scheme, 1993 (hereinafter referred to as the Scheme) for amalgamation of N. B. I. with P. N.B on the commencement of the Scheme the Undertakings of N.B.I. stood transferred to and vested in P.N.B. Thereafter on 16-9-1993 P.N.B. framed guidelines for deployment of the officers and workmen staff of N.B.I. Pursuant to the said guidelines at nu...
State of U.P. Vs. M/S Allied Construction Engineers and Contractor
Court: Allahabad
Decided on: Jan-24-1996
Reported in: AIR1996All295
ORDERR. Dayal, J. 1. This appeal is directed against the judgment and decree dated 19-4-1994 passed by the 1st Addl. Civil Judge, Bulandshahr making award of the arbitrator a rule of Court in Suit No. 156 of 1994.2. In pursuance of a contract bearing number K-02-036 dated 9-4-1990 between the parties, the respondent-contractor did some construction work for the appellant. The respondent raised a claim for the expenditure incurred by it on dewatering inrespect of items 16 and 17 of the agreement by means of a letter dated 16-6-1992 addressed to the Superintending Engineer, Upper Ganga Canal Modernisation, II Division World Bank, for which the respondent did not receive any reply. Thereupon, the respondent preferred an appeal before the Chief Engineer and the same was rejected vide his communication dated 1-2-1993. Then the respondent made a request for referring the matter to arbitrator. Accordingly, the matter was referred to the arbitration of Sri Amar Singh Rajpoot, Superintending En...
Commissioner of Income-tax Vs. Brij Mohan Hari Shankar
Court: Allahabad
Decided on: Jan-24-1996
Reported in: [1996]220ITR563(All)
1. The Income-tax Appellate Tribunal referred the following questions for the opinion of this court for the assessment year 1975-76 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the difference of amount in old and new rates of fertiliser could not be treated as assessee's income ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law upholding the order of the Appellate Assistant Commissioner ?' 2. The Income-tax Appellate Tribunal (Allahabad Bench) held in the case of Govind Prasad Prabhu Nath that difference between old and new rate of stock of fertiliser cannot be taxed as income 'accrued' or 'arisen' to the assessee and that view was affirmed by this High Court in CIT v. Govind Prasad Prabhu Nath : [1988]171ITR417(All) .3. Following the said decision, we answer the abovementioned questions in the affirmative, i.e., in favour of the assessee and against the Revenue.4. Record of th...
Keshav Prasad Yadav Vs. Banaras Hindu University and Others
Court: Allahabad
Decided on: Jan-23-1996
Reported in: AIR1996All300; (1996)2UPLBEC1117
ORDER1. Keshav Prasad Yadav, petitioner herein has taken recourse to the remedy under Article 226 of the Constitution to seek quashing of an order dated 12-9-95 passed by Controller of examinalions, Banaras Hindu University, Varanasi whereby petitioner'sB.Com.(Hon.)Part III. 1994-95 examination has been cancelled on the groundof misconduct.2. Petitioner is a regular student of D.A.V.Degree College, Varanasi; an affiliated college of the University.- He passed Pan I and Part II examinations of B.Com. (Hon) from D.A.V. College and in 1994-95 he appeared in B.Com.(Hon.) Part III examination which was scheduled to be held between 19-7-95 and 16-8-95. On 28-7-1995 petitioner appeared in Elective A Paper III in the college ccnlre. Though it was reported to the university by the centre superintendent that petitioner ran away on 28-7-95 from the examination hall without depositing his answer book which was given to him in the examination hall but petitioner unabated appeared in the following e...
Commissioner of Income-tax Vs. Sir Shadi Lal Enterprises Ltd.
Court: Allahabad
Decided on: Jan-23-1996
Reported in: [1996]220ITR455(All)
1. Though the assessee has been sufficiently served, none appeared for the assessee and, therefore, we have heard learned standing counsel only.2. This is an application under Section 250(2) of the Income-tax Act, 1961, by the Revenue requiring us to direct the Income-tax Appellate Tribunal to refer the following questions for the opinion of this court :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in confirming the view of the Commissioner of Income-tax (Appeals) on the issue mentioned above ? (2) Whether the Income-tax Appellate Tribunal was legally justified in confirming the relief allowed by the learned Commissioner of Income-tax (Appeals) in respect of additions made by the Assessing Officer under Section 40A(2) ? (3) Whether the Income-tax Appellate Tribunal was legally justified in confirming the reliefs allowed by the learned Commissioner of Income-tax (Appeals) in respect of additions made by the Assessing Off...
Commissioner of Income-tax Vs. Soloman and Co.
Court: Allahabad
Decided on: Jan-23-1996
Reported in: [1996]220ITR488(All)
1. The Income-tax Appellate Tribunal (Allahabad Bench), referred the following questions to this court for its opinion : ,'1. Whether, on the facts and in the circumstances of the case, was there any finding that the explanation submitted by the assessee was believable ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the onus under the Explanation under Section 271(1)(c) has been discharged by the assessee ? 3. Whether a loss return followed by the assessment order which also computes income in a red figure (namely of loss though of a lesser amount) attracts Section 271(1)(c) read with the Explanation ?' 2. From a perusal of the order of the Appellate Tribunal it appears that the order of the Inspecting Assistant Commissioner levying the penalty was set aside on the ground that the assessee had successfully discharged the negative burden cast upon it under Explanation 2 to Section 271(1)(c) of the Income-tax Act, 1961. Whether ...
Commissioner of Income-tax Vs. Lakhpat Rai Nand Lal
Court: Allahabad
Decided on: Jan-22-1996
Reported in: (1998)146CTR(All)449; [1996]220ITR318(All)
1. In this application made under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal referred the following question for opinion of this court :' Whether, on the facts and in the circumstances of the case, the Rasoi expenses of Rs. 20,122 were in the nature of entertainment expenditure and were disallowable under Section 37(2B) of the Income-tax Act, 1961 ?'2. Learned standing counsel relying on CIT v. Patel Bros. and Co. Ltd. : [1995]215ITR165(SC) urged before us that the aforesaid question is fully covered by the said decision in which it has been held that ordinary hospitality shown by an assessee does not amount to entertainment. The Income-tax Appellate Tribunal by an order dated October 28, 1978, relating to the assessment year 1975-76 found that it was a case of ordinary hospitality, extended by the assessee. We, therefore, agree that the aforesaid question is fully covered by the aforementioned decision of the Supreme Court and following the same we a...
M/S. Pilibhit Ispat (Private) Limited and ors. Vs. U.P. State Electric ...
Court: Allahabad
Decided on: Jan-19-1996
Reported in: AIR1996All329
ORDERS.N. SAXENA, J. 1. Arguments advanced on behalf of both the parties were heard al the stage of admission.2. Petitioner M/s Pilibhit Ispat (Private) Limited is the consumer of electricity for which it had entered into an agreement with the U. P. State Electricity Board on 30-9-1994 for two years. The load was 3850 KVA for manufacture of Special/ Alloy Steel Casting with induction furnace.3. The petitioners in this petition have prayed for the following reliefs :--(i) issuance of a writ, order or direction in the nature of certiorari quashing the impugned order of Tehsildar/Collector, Pilibhit, dated 23-12-1995 as contained in Annexure 1 to the petition including the recovery proceedings; (ii) issuance of a writ, order or direction in the nature of mandamus commanding the opposite parties not to initiate any recovery proceedings against the petitioners in respect of June 95 electricity bill till disposal of regular Suit No. 175 of 1995 or till further orders of Civil Judge, Pilibhit...
Shripati Singhai (ind.) Vs. Commissioner of Wealth-tax
Court: Allahabad
Decided on: Jan-19-1996
Reported in: [1996]220ITR258(All)
1. The Income-tax Appellate Tribunal (Allahabad Bench) referred the following question for the assessment year 1975-7C to this court for its opinion :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that in working out the fair market value of the assets for their inclusion in the assessee's net wealth under the Wealth-tax Act, 1957, deduction cannot be allowed of the estimated notional capital gains tax in the event of the sale of those assets ?''2. The Tribunal reached a conclusion following a decision of this court in the case of Bharat Hari Singhania v. CWT : [1979]119ITR258(All) and following that decision concluded that while for working out the fair market value of the assets for inclusion in the assessee's net wealth under the Wealth-tax Act, 1957, deduction cannot be allowed of the estimated notional capital gains tax in the event of sale of those assets. The said judgment has been affirmed by the Supreme Court in Bharat Hari ...
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