Allahabad Court December 2004 Judgments
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Cit (Central), Kanpur Vs. Smt. Kiran Jaiswal
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2006]153TAXMAN399(All)
ORDERThe Income Tax Appellate Tribunal, Allahabad has refer-red the following question of law under section 256(1) of the Income Tax Act, 1961, hereinafter referred to as 'the Act', for opinion to this Court:'Whether in law and circumstances of the case, the ITAT was justified in holding that the order of the I.A.C. (Asst.) could not be revised by the Commissioner of Income-tax in exercise of his powers under section 263 of the Income Tax Act, 1961 and thereby setting aside the order under section 263 passed by him?'In favour of revenue.2. The reference relates to the assessment year 1978-79.3. Briefly stated the facts giving rise to the present reference are that for the assessment year in question the assessment was completed by the Inspecting Assistant Commissioner (Assessment) on 30-1-1982. The Commissioner of Income-tax after examining the records of the case found that no penalty proceeding under section 273(b) of the Act was initiated nor interest under section 217 of the Act wa...
Cit Vs. Shivom Handicrafts Exports
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2006]153TAXMAN42(All)
ORDERP. Krishna, J. The Income Tax Appellate Tribunal, Delhi, at the instance of the department has referred the following two questions of law for the assessment year 1979-80 under section 256(1) of the Income Tax Act, 1961 (hereinafter refer-red to as 'the Act') for opinion to this court :'1. Whether on the facts and in the circumstances of the case, the learned ITAT, was legally justified in allowing the assessee the benefit of weighted deduction under section 35B.2. Whether on the facts and in the circumstances of the case, the learned Tribunal was legally justified in holding that the assessee was small scale exporter as defined in the Explanation appealed to sub-section (1A) of section 35B relevant for the assessment year?'2. It has been found that the assessee did not carry on any manufacturing work in any 'Small Scale Undertaking' or undertakings owned by him. We have held in Orient Arts and Crafts v. CIT [Income Tax Reference No. 34 of 1986] decided today that it is mandatory ...
Cit Vs. Bhatia Impex (India)
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2006]154TAXMAN333(All)
ORDERP. Krishna, J. The Income Tax Appellate Tribunal, Delhi, at the instance of the department has referred the following question of law under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as the Act) for opinion to this Court :'Whether, on the facts and in the circumstances of the case, the assessee's case fell under the definition of 'Small Scale Industrial Unit' as mentioned in the Explanation to section 35B(IA) of the Income Tax Act, 1961?'2. The assessment year involved is 1979-80. The assessee, a registered firm, deals in business of export of brassware and it claimed weighted deduction under section 35B(IA) amounting to Rs. 1,30,349. It claimed to be a Small Stale Exporter within the meaning of section 35B(I A) as inserted by the Finance Act, 1978 with effect from 1-4-1978. The claim was denied by the Income Tax Officer on the ground that the assessee did not have manufacturing licence or power connection or plant and machinery. In the balance sheet the f...
Orient Arts and Crafts Vs. Cit
Court: Allahabad
Decided on: Dec-01-2004
Reported in: (2006)198CTR(All)378
P. Krishna, J. The Income Tax Appellate Tribunal, Delhi, at the instance of the assessee has referred the following question of law under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') for opinion to this Court:'Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that it was obligatory for the assessee to have machinery and plant and that it had failed to establish that it had installed machinery and plant for the purposes of the business of the undertaking within the meaning of clause (2) of the Explanation below sub-section (2) of section 32A of the Income Tax Act, 196l?'2. The assessment year 1979-80 is involved in the present reference. The assessee is an exporter and is engaged in the business of brass art wares consisting of bell sets, wind chimes, iron bells, candle stands, etc. It claimed itself as manufacturer of these items. The claim of the assessee for weighted deduction under s...
Cit Vs. Ram Rattan Lal Verma
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2005]145TAXMAN256(All)
ORDERP. Krishna, J. The income-tax Appellate Tribunal, Delhi at the instance of the Income-tax department 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 on the facts and in the circumstances of the case, the learned Tribunal was justified in law in fully concurring with the reasonings of the Appellate Assistant Commissioner granting exemption to the payments received in lieu of leave encashment to the assessee while in service2. Whether, on the facts and in the circumstances of the case, learned Tribunal was justified in law in not giving effect in the cases under consideration to the amendment to section 10(10AA) by Taxation Laws (Amendment) Act, 1984 (Part 1) which has been amended retrospectively with effect from the assessment year 1978-79.'The assessment year 1983-84 is involved in the present reference. The brief facts of the case are as follows:2. The asse...
Cit Vs. Vijai Pal Singh
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2005]144TAXMAN504(All)
ORDERP. Krishna, J. The Income Tax Appellate Tribunal, Delhi at the instance of the Income-tax department 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 on the facts and in the circumstances of the case, the learned Tribunal was justified in law in fully concurring with the reasonings of the Appellate Assistant Commissioner granting exemption to the payments received in lieu of leave encashment to the assessee while in service ?2. Whether, on the facts and in the circumstances of the case, learned Tribunal was justified in law in not giving effect in the cases under considering to the amendment to section 10(10AA) by Taxation Laws (Amendment) Act, 1984 (Part I) which has been amended retrospectively with effect from the assessment year 1978-79.'The assessment year 1983-84 is involved in the present reference. The brief facts of the case are as follows:The assesse...
Shanti Swarup Bhatnagar Vs. Cit
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2005]144TAXMAN583(All)
R.K. Agrawal, J. The Income Tax Appellate Tribunal, Allahabad has referred the following questions of law under section 256(2) of the Income Tax Act, 1961 (hereinafter referred to as 1he AcC) for opinion to this Court:'whether on the facts and circumstances of the case, the view of the Income Tax Appellate Tribunal that penalty under section 271(1)(c) was liable to be sustained is correct in law?'2. Briefly stated, the facts giving rise to the present reference are as follows:The reference relates to the assessment year 1975-76 in respect of' proceeding for imposition of penalty under section 271(1)(c) of the Act. The applicant is an individual who did not maintain any account. The original assessment for the Year under reference was framed by the Income Tax Officer on 20-9-1975 on a total income of Rs. 12,000. A search took place on 28-11-1976 at the residence of the applicant's father Sri S.B. 13hatnagar in which a black diary which was in the handwriting of' the applicant, was seize...
Cit Vs. J.K. Organisation
Court: Allahabad
Decided on: Dec-01-2004
Reported in: [2005]144TAXMAN560(All)
ORDERR.K. Agrawal, J. The Income Tax Appellate Tribunal, Allahabad by separate orders has referred the following two questions of law under section 256(2) of the Income Tax Act, 1961, hereinafter referred to as the Act, for opinion to this Court:'1. Whether, the Appellate Tribunal was justified in holding that the income of the assessee AOP was exempt from tax on the ground of mutuality2. Whether, the Tribunal was justified in ignoring that the income of the assessee AOP was assessable (sic) business income under section 28(iii) of the Income Tax Act, 1961 in view of the fact that the assessee AOP was carrying on an organised activity of arranging meetings and conferences for discussing matters of productions, accounts, taxation etc.?'2. While the Reference No. 247 of 1987 relates to assessment years 197677 to 1978-79, the Reference No. 248 of 1987 relates to the assessment years 1979-80 and 1980-81.3. Briefly stated that facts giving rise to the present References are that the respond...
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