Allahabad Court November 2004 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income Tax Vs. S.R. Cold Storage
Court: Allahabad
Decided on: Nov-01-2004
Reported in: (2005)197CTR(All)504
1. The Tribunal, New Delhi, has referred the following questionslaw under Section 256(1) of the IT Act, 1961. hereinafter referred to as the Act, for opinion to this Court.'1. Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing investment allowance under Section 32A of the IT Act, 1961, on the machinery installed in assessee's cold storage ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the cold storage plant is entitled to investment allowance when the Department's reference application in the case of M/s Car Cold Storage. Shahjahanpur in R.A. No. 331/All/1984, dt. 18th July, 1984 is pending decision of Allahabad High Court on similar issue ?'2. The reference relates to the asst. yr. 1980-81.3. We have heard the learned counsel for the parties.4. The respondent-assessee runs a cold storage which made a claim for allowing investment allowance of Rs. 1,26,831 on the plan...
Cit Vs. Motor Sales Ltd.
Court: Allahabad
Decided on: Nov-01-2004
Reported in: [2005]144TAXMAN345(All)
ORDER1. Income Tax Appellate Tribunal, Allahabad has referred the following two questions of law under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act) for opinion to this Court:-' 1. Whether in law and on facts of the case the ITAT was justified in confirming the CIT(A)'s order cancelling the penalty of Rs. 37,970 imposed under section 273(a) of the Income Tax Act, 1961, by the Income Tax Officer.2. Whether in law and on the facts of the case the Tribunal was justified in holding that all payments within the financial year 1975-76 should be taken into account for levy of penalty under section 273(a) even if they were made in pursuance of an invalid estimate filed on 15-3-1976.'2. Briefly stated the facts giving rise to the present reference are as follows:The assessment year involved is 1976-77. The respondent which is a public limited Co. was asked by the Income Tax Officer by way of notice dated 25-4-1975 for payment of advance tax of Rs. 3,79,701. The...