Allahabad Court March 2005 Judgments
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Cit (Central), Kanpur Vs. J.K. Cotton Spg. and Wvg. Mills Ltd.
Court: Allahabad
Decided on: Mar-17-2005
Reported in: [2006]154TAXMAN142(All)
ORDERThe Income Tax Appellate Tribunal, Allahabad 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, in law and circumstances of the case, the Income-Tax Appellate Tribunal was justified in holding that the question involved was debatable and that the provisions of section 154 of the Income Tax Act, 1961 could not be invoked in withdrawing the excess depreciation allowed originally at the rate of 15 per cent instead of 10 per cent as admissible under item No. III of the Appendix I Part I to rule 5 of the Income Tax Rules, 19622. Briefly stated the facts giving rise to the present reference are as follows:The reference relates to the assessment years 1975-76 and 1977-78. The income -tax officer for the assessment years 1975-76 and 1977-78 allowed depreciation on power plant at the rate of 15 per cent as claimed by the assessee. Thereafter the said part of the order was sou...
Zubair S/O Mumtaz (In Jail) Vs. State of U.P.
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005CriLJ3040
Amar Saran, J.1. Heard Sri G.S. Chaturvedi, learned Senior Advocate appearing for the applicant and learned AGA for the State, and perused the record.2. The applicant, Zubair, is involved in case Crime No. 241 of 2003, under Sections 452, 376, 506, 120B, 201 IPC and Section 7 Criminal law Amendment Act, P.S. Chhapar, District Muzaffar Nagar.3. The allegation in the FIR is that at about 11.30am on 9.10.2003 there was some incident between Devendra, the brother of the informant, Ravindra, and Km. Roshan, the daughter of the landlord Israel. On account of that incident, the applicant, Zuber, a relation of Zuber, Mahtab and two or three others entered Ravindra's house, caught hold of his 15 years old sister and took her forcibly into Israel's house, where they committed gang rape on the girl. The informant, his mother, Rajveeri, and many other people of the village arrived who witnessed the incident. Thereafter, the accused left the place issuing threats. The girl was lying unconscious at ...
Ram Swarup Srivastava Son of Late Sri Prabhu Dayal Srivastava Vs. Alla ...
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005(2)ESC1215
Poonam Srivastava, J.1. Heard Sri R. N. Singh, Senior Advocate, assisted by Sri V.K. Singh learned counsel for the petitioner and Sri Anil Tiwari, learned counsel for the respondent Bank.2. The petitioner Ram Swamp Srivastava has filed this writ petition challenging the order dated 29.6.1996 whereby he was retired from Allahabad District Cooperative Bank Ltd. Allahabad alter completing the age of 58 years in accordance with age of retirement as provided under the Regulation 24 of the U.P. Cooperative Societies Employees Service Regulations, 1975 (hereinafter referred as Service Regulation). The petitioner was initially appointed as Cooperative Supervisor in the year 1959 and was transferred to Aligarh. Later on he was appointed as Clerk-cum-Cashier in the Allahabad District Cooperative Bank Ltd. Allahabad on 16.5.1968. Alter his joining the petitioner was given basic pay scale and other benefits equivalent to the other employees of the Bank. The grievance of the petitioner is that he c...
Kothari Contract Interiors Through Its Partner Smt. Pooja Kothari Vs. ...
Court: Allahabad
Decided on: Mar-16-2005
Reported in: (2007)10VST60(All)
Prakash Krishna, J.1. The petitioner, a contractor, for the assessment year 1990-91 obtained two contracts awarded by Modi Pon Fibre Company, a division of Modi Pon Ltd. for executing the work of civil nature. Under Section 7-D of the U.P. Trade Tax Act, hereinafter called the Act, power has been given to the State Government to float the scheme from time to time popularly known as compounding scheme, under which it was empowered to accept a lump sum in lieu of amount of tax that may be payable in respect of such goods or class of goods and for such period as may be agreed upon. In exercise of the powers conferred under Section 7-D of the Act the State Government issued a scheme for lump sum payment by the contractors as per Annexure-1 to the writ petition. The petitioner moved an application Under Section 7D for lump sum payment in lieu of tax before the Deputy Commissioner (Executive) Trade Tax Ghaziabad, who had the authority to consider and dispose of the application under Section ...
Rajendra Prasad S/O Brij Nath Vs. Union of India (Uoi) Through Secreta ...
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005(2)ESC1224; (2005)2UPLBEC1767
B.S. Chauhan, J.1. This special appeal has been filed against the judgment and order dated 2.11.2004 of the learned Judge disposing of the Writ Petition No. 46.40 of 2004 filed by the petitioner against the order of transfer dated 11.10.2004 by directing that the petitioner will be permitted to remain in Varanasi up to 31st May, 2005 considering the interest of children who are of the school going age in view of the undertaking given by the learned counsel for the petitioner on behalf of his client.2. Shri M.D. Mishra, learned counsel for the appellant has submitted that petitioner-appellant is a Class IV employee and he could bot be transferred in view of the transfer policy unless he has prayed in writing for transfer or he is being promoted; petitioner-appellant belongs to the Scheduled Tribes and therefore, as per the Government Order contained in Annex. 2A, it was not permissible to transfer him; petitioner-appellant had been transferred in the mid academic session which had adver...
Ram Singar Singh Vs. A.D.J. and ors.
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005(2)AWC1403
ORDERAnjani Kumar J.1. Heard learned counsel for the petitioner.2. Since counter and rejoinder-affidavits have been exchanged the matter is being decided on merits,3. The petitioner-landlord, aggrieved by an order passed by the Additional District Judge, Court No. 5, Varanasi in Rent Control Revision No. 7 of 2003 dated 13th November 2003, has approached this Court by means of this writ petition under Article 226 of the Constitution of India. The facts leading to filing of the aforesaid revision are that respondents 2 to 5 are the heirs of Dhanni Prasad against whom an application was filed before the Rent Control and Eviction Officer that the accommodation in dispute, which is in the occupation of respondents, should be declared vacant as the respondents are unauthorised occupants. The Rent Control and Eviction Officer after considering the respective case of the parties has arrived at a conclusion that there is vacancy of the accommodation in question under Section 12 of the U.P. Act...
Banarasi S/O Mita Vs. Smt. Savitri Upadhyay Wife of Rajendra Upadhyay ...
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005(2)AWC2042
S.U. Khan, J. 1. Heard Sri R.P. Ram learned counsel for petitioner and Sri C.K.Parekh learned counsel for respondent no.4. 2. Smt. Savitri Upadhyay respondent no. I and respondent nos. 2 to 7 filed a suit under Section 229-B of U.P.Z.A.L.R. Act being Suit No.9/26/03. In the said suit there were several defendants including petitioner. Unfortunately when the suit was filed, defendant nos. 2,3 and 5 were already dead. Petitioner who was ore of the defendants in the said suit filed an application for dismissal of the suit on the ground that it was filed against some dead persons. 'Thereafter plaintiff filed application for substitution. In fact the application was for impleadment of the legal representatives of deceased defendants. The application was allowed and recall application against that order was also dismissed, hence, two revisions were filed being revision no. 36/04 and 39/04. Learned Add, Commissioner (Admn.) Varanasi Division, Varanasi through judgment dated 6.1.05 has dismiss...
Gyan Chand and anr. Vs. State and anr.
Court: Allahabad
Decided on: Mar-16-2005
Reported in: 2005CriLJ3228
Umeshwar Pandey, J.1. By this appeal the judgment and order dated 3-3-1993 passed by the 1st Additional Sessions Judge, Varanasi has been challenged. The trial Court had convicted the appellants-Gyan Chand and Lal Chand (hereinafter referred to as 'A-l and A-2' respectively) for the offence punishable under Section 21 of N.D.P.S. Act (hereinafter referred to as the 'Act') and had sentenced them to rigorous imprisonment for ten years and to pay fine of Rs. 1,00,000/- each. The trial Court further convicted Lal Chand (A-2) for the offence punishable under Section 27A read with Section 29 of the Act and sentenced him to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1,00,000/-.2. The complainant-K. K. Rai (PW-1), the then Intelligence Officer, Narcotics Control Bureau, Varanasi in the morning of 18-11-1989 had received information that A-1 and A-2 are involved in drug trafficking and were likely to give delivery of certain drugs to somebody on that date. He, acting u...
Kishan Lal Vs. Commissioner of Income Tax
Court: Allahabad
Decided on: Mar-16-2005
Reported in: (2005)198CTR(All)266
1. The Tribunal, New Delhi, has referred the following questions of law under Section 256(2) of the IT Act, 1961, hereinafter referred to as the Act, in respect of RA Nos. 445 to 454/Del/1985 and RA No. 1251/Del/1985 for opinion to this Court:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in disposing of the appeals in an ex parte manner by hearing the Departmental Representative only on 16th Jan., 1985, thereby denying the applicant's valuable right of being heard ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the income from property 87, Civil Lines, Bareilly, and the income from furniture hiring, etc. belong to and was assessable in the hands of the applicant-individual and not in the hands of applicant's HUF particularly when the notary had confirmed the execution of declaration on 31st March, 1968 and the Tribunal had in the wealth-tax cases of the applicant also...
Commissioner of Income Tax Vs. Raza Textiles
Court: Allahabad
Decided on: Mar-16-2005
Reported in: (2006)204CTR(All)418; [2008]296ITR688(All)
R.K. Agrawal, J.1. The Tribunal has referred the following question of law under Section 256(2) of the IT Act, 1961 (hereinafter referred to as 'the Act'), for opinion to this Court:Whether the Tribunal is correct in law in restricting the field of enquiries to be made by the AO with regard to the payment of bonus from the point of view of genuineness of payment alone? 2. The reference relates to the asst. yr. 1974-75. Briefly stated, the facts giving rise to the present reference are as follows:The respondent-assessee is a public limited company running the textile mills. In the course of assessment for the asst. yr. 1974-75, an addition of Rs. 446929 was made by the AO on account of payment of incentive bonus. Feeling aggrieved, the respondent preferred an appeal before the CIT (A) who has restored the matter back to the assessing authority with the direction that the ITO should examine the case again with regard to allowability of the claim after giving opportunity to the assessee a...
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