Delhi Court May 1985 Judgments
Home Cases Delhi 1985 Page 8 of about 108 results (0.021 seconds)Frank Beaton and Another Vs. Commissioner of Income-tax, Delhi-vi, and ...
Court: Delhi
Reported in: (1986)53CTR(Del)9; [1985]156ITR16(Delhi)
Kapur, J.1. This writ petition is concerned with the quantum of tax to be paid in the peculiar circumstances of this case. The first petitioner, Mr. Frank Beaton, was the area manager in Delhi for the second petitioner, M/s. Qantas Airways Ltd., from January, 1968, to November 12, 1971. He was a non-resident and M/s. Qantas Airways Ltd. is an Australian company wholly owned by the Government of Australia. During the period the first petitioner was posted at Delhi, he received a tax-free salary, and also, rent-free accommodation. In the period relevant to the assessment year 1971-72, his salary was Rs. 73,712, and rent-free accommodation in the form of a house rented at Rs. 2,400 per month was provided to him. During the period relevant to the assessment year 1972-73, he received a salary of Rs. 39,072 and corresponding rent-free accommodation for a shorter period. The ITO calculated the taxable income for 1971-72 at Rs. 8,33,486 and the tax demand for this period was for Rs. 7,37,508. ...
Tag this Judgment!Nu-look (P.) Ltd. Vs. Commissioner of Income-tax, Delhi
Court: Delhi
Reported in: (1986)50CTR(Del)142; [1986]157ITR253(Delhi)
D.K. Kapur, J.1. The question referred to us for the assessment years 1971-72 and 1973-74 is as follows : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the activity of the assessed-company in tailoring clothes to the order of its customers did not constitute 'manufacturing or processing of goods' within the meaning of section 2(6) (d) of the Finance Act, 1968 ?' 2. As it happens, the facts of this case are quite simple. The assessed-company carries on business which can be divided into three classes. It makes ready-made garments, it trades in clothes and it does tailoring for customers. In the year 1971-72, the following figures indicate these business activities : 'Assessment year 1971-72 : Sales Gross profitsRs. Rs.(1) Ready-made garments 2,12,601 47,330(2) Cloth trading accounts 74,509 16,395(3) Tailoring charges received 2,35,699 52,0723. In 1973-74, the following figures are given : 'Assessment year 1973-74 : Sales Gross...
Tag this Judgment!Shanker Dass Sethi and Sons Vs. Commissioner of Income-tax
Court: Delhi
Reported in: (1986)53CTR(Del)397; [1986]157ITR770(Delhi)
J.D. Jain, J.1. The above mentioned four income-tax references have been made by the Income-tax Appellate Tribunal (Delhi Bench 'C') (for short 'the Tribunal'), under section 256(1) of Income-tax Act, 1961, vide reference order dated June 29, 1974. References Nos. 162 and 163 of 1974 have been made on the application of the assessed, M/s. Shanker Dass Sethi and Sons (for short 'the assessed'), while References Nos. 164 and 165 of 1974 have been made at the instance of the Additional Commissioner of Income-tax. These references have been made for a decision of this count on the following questions : '1. Whether, on the facts and in the circumstances of the case, the assessed is entitled to the deduction of 1/7th or any other portion of the lease money paid by it for taking the land on lease as an item of allowable expenditure against the income derived from the brick-kiln 2. Whether, on the facts and in the circumstances of the case, the expenditure incurred by the assessed on the cons...
Tag this Judgment!Essex Farms P. Ltd. Vs. Commissioner of Income-tax, Delhi
Court: Delhi
Reported in: [1986]157ITR241(Delhi)
D.K. Kapur, J.1. At the instance of the assessed, the Income-tax Appellate Tribunal has stated a case regarding the following question for the assessment year 1964-65 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that reopening of the assessment for the year 1964-65 under section 147(a) of the Income-tax Act, 1961, was valid ?' 2. It is useful to summarise the fact set out the statement of case. For this assessment year, the assessed had returned an income of Rs. 7,42,278, which was revised to Rs. 7,41,017, and the assessment was completed in the ordinary course on a total income of Rs. 7,42,978. The assessment was reopened under section 147(a) of the Income-tax Act, 1961, on March 23, 1973, on the ground that the assessed had transferred its profit to others. A profit of Rs. 3,13,895 was transferred to M/s. Cosmos Traders, a proprietary concern of Shri Arun Kumar Goyal, son of the assessed's managing director and a profit of Rs. 3,...
Tag this Judgment!Kapur Sons and Co. Vs. Commissioner of Income-tax
Court: Delhi
Reported in: [1986]157ITR382(Delhi)
D.K. Kapur, J.1. The questions referred to us in these two income-tax references which both relate to the assessment year 1969-70 are connected with capitalisation of certain expenses incurred by the assessed towards the construction of Kamal Theatre which is a cinema constructed by the assessed which is a registered firm. The three items involved are ground rent paid for the plot, corporation tax and house tax. 2. The facts of the case are that a sum of Rs. 15,28,933 was shown as the cost of building in the accounts of the assessed. According to the Income-tax Officer, the following items were not to be taken into consideration for the purpose of allowing depreciation : (1) Tax paid prior to start of the cinema 30,899 (2) Interest paid to banks 1,48,525 (3) House tax 11,345 (4) Ground rent 57,2003. These amounts were not included by the Income-tax Officer for the purpose of computing the actual cost of the building. The Appellate Assistant Commissioner on appeal allowed the claim rega...
Tag this Judgment!Commissioner of Gift Tax Vs. Harinder Katyal and L/Rs. of Late Bhagwan ...
Court: Delhi
Reported in: (1986)50CTR(Del)108
D. K. Kapur, J. - The ITAT had made this reference under s. 26(1) of the GT Act, 1958. It relates to asst. yr. 1963-64 and is concerned with the question whether any gift has been made in favor of minor Shri Virender Kumar Katyal by reason of him being admitted to the benefits of partnership. The question referred is as follows :'Whether on the facts and in the circumstances of the case, the Tribunal was right in holding that there was no transfer of goodwill by the assessed when his minor son Virender Kumar had been admitted to the benefits of partnership and that there could be no deemed gift as there had been no transfer of goodwill ?'The facts of the case are that there is a partnership, M/s. Bhagwan Dass & Co., Kashmere Gate, Delhi, in which the partners were as per partnership-deed dt. 1-4-1959. Shri Bhagwan Dass Katyal and his son Shri Harinder Katyal. According to this deed, the shares in the profits and losses in the firm were equal between the partners. By another partnership...
Tag this Judgment!Shree Laxmi Textile Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1993)(66)ELT459TriDel
1. This application is by the appellants, M/s. Shree Laxmi Textile Mills. The application is made under Section 35(2) of the Central Excises & Salt Act, the Prayer being for amendment of the order dated 6-7-1984, passed in the appeal filed by them.2. It is mentioned that in view of the Bombay Collectorate Trade Notice No. 261/77 dated 29-12-1977 duty should have been ordered to be paid (r) Re. 1/- per kg. only and not at Rs. 16/- per kg. It is further stated that the quantity manufactured and cleared was 6,179.700 kgs.only during the relevant period and not 9,838.460 kgs. and therefore, the amount of duty payable should have been calculated on this figure of 6,179.700 kgs. only. By way of additional grounds it has been further submitted that the issue to be decided in the appeal was covered by a decision of the Bombay High Court in the case of Pira Mal Spinning & Weaving Mills Ltd. v. Union of India 1982 (10) E.L.T. 145.3. We heard Shri S. Kachwaha, Advocate, for the applicant...
Tag this Judgment!Shri Laxmi Textile Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1987)(29)ELT723TriDel
1. This application is by the appellants, M/s Shree Laxmi Textile Mills. The application is made under Section 35C(2) of the Central Excises and Salt Act, the prayer being for amendment of the order dated 6-7-1984, passed in the appeal filed by them.2. It is mentioned that in view of the Bombay Collectorate Trade Notice No. 261/77 dated 29-12-1977 duty should have been ordered to be paid (9 Re. I/- per kg. only and not at Rs. 16/- per kg. It is further stated that the quantity manufactured and cleared was 6,179.700 kgs. only during the relevant period and not 9,838.460 kgs. and, therefore, the amount of duty payable should have been calculated on this figure of 6,179.700 kgs. only. By way of additional grounds it has been further submitted that the issue to be decided in the appeal was covered by a decision of the Bombay High Court in the case of Pira Mal Spinning & Weaving Mills Ltd, v. Union of India (1982 ELT 145).3. We heard Shri S. Kachwaha, Advocate, for the applicants and S...
Tag this Judgment!Kinetic Engineering Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (1985)(5)LC2489Tri(Delhi)
1. The question for decision in this appeal to the Tribunal is whether the appellant's manufacture Luna Mopeds is eligible for exemption from Central Excise duty under Notification No. 52/77, dated 6-4-77.2. The appellants are manufacturers of Luna Mopeds falling under Tariff Item No. 34-1(1) of the Central Excise Tariff and they have been manufacturing the same since 1972. Earlier they were manufacturing and clearing the Mopeds as two-wheeled motor vehicles at the concessional rate of duty of 10% ad valorem under Notification No. 71/79, dated 1-3-79 and similar earlier notifications. On 6-4-77, under Notifications No. 52/77, dated 6-4-77 issued under Rule 8(1) of the Central Excise Rules, 1944, Government of India exempted 'powered cycle' and 'powered cycle rickshaws' falling under Tariff Item 34 of the Central Excise Tariff from the whole of the duty of excise leviable thereon. The Explanation in the notification clarified what was meant by a powered cycle or a powered cycle ricksha...
Tag this Judgment!Commissioner of Income-tax Vs. All India Films Corporation Ltd.
Court: Delhi
Reported in: [1986]159ITR213(Delhi)
D.K. KAPUR J.1. The question referred to us for the assessment year 1971-72 is : 'Whether, on the facts and in the circumstances of the case, the Tribunal were legally correct in holding that relief under section 80M of the Income-tax Act, 1961, is to be allowed with reference to the gross dividends without taking into consideration expenditure relating to these dividends ?' 2. This question was referred at a time when the preponderance of judicial opinion was to the effect that gross dividends were to be taken into consideration. Since then there has been an amendment to the Income-tax Act by the incorporation of section 80AA which is retrospective w.e.f. April 1, 1968. In view of the amendment, the question as referred to us has to be answered in the negative, in favor of the Department and against the assessed. However, two observations are necessary regarding this matter. 3. Firstly, the provisions of section 80AA are under challenge in the Supreme Court in some other proceedings. ...
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