Delhi Court March 1989 Judgments
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Commissioner of Income-tax Vs. Nav Bharat Nirman P. Ltd.
Court: Delhi
Decided on: Mar-21-1989
Reported in: [1989]180ITR462(Delhi)
Kirpal, J.1. Heard. The question sought to be referred are as follows : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of compensation received by the assessed was not taxable in its hands 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessed could enter into an agreement with Delhi School Teachers Co-operative House Building Society in respect of the land which had been acquired by 'the State Government' ?' 2. In our opinion, even though the question as framed may be regarded as mixed questions of fact and law, the answer to the same is self-evident. The assessed was the owner of leasehold rights which were acquired and an award dated March 31, 1965, was promulgated. On November 15, 1966, the assessed sold the leasehold rights to a co-operative society who were the owners of the land. During this time, prior to November 15, 1966, an appeal for enhancement of ...
Commissioner of Income-tax Vs. Usha Sales Ltd. (No. 1)
Court: Delhi
Decided on: Mar-21-1989
Reported in: [1990]182ITR452(Delhi)
Kirpal, J.1. The questions which are sought to be referred in this petition are similar to the questions which were sought to be referred in Income-tax Case No. 50 of 1985 (CIT v. Usha Sales Ltd. (No. 2) - : [1990]182ITR453(Delhi) (infra)). These questions which are sought to be referred are : ' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessed was entitled to weighted deduction under section 35B on the expenditure incurred by it under the heads 'Customs duty', repairs and reassembly, clearing and storage and certain expenditure incurred by foreign branches (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessed was entitle to weighted deduction under section 35B on the expenses which were general in nature and thus has not covered under any of the clauses of section 35B ' 2. In our judgment disposing of Income-tax Case No. 50 of 1985 (CIT v. Usha ...
Commissioner of Income-tax Vs. Usha Sales Ltd. (No. 2)
Court: Delhi
Decided on: Mar-21-1989
Reported in: [1990]182ITR453(Delhi)
B.N. Kirpal, J.1. This is a petition under the section 256(2) of the Income-tax Act, 1961, whereby the petitioner seeks a direction that the Tribunal should state the case and refer the following questions of law to this court : ' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessed was entitled to the deduction under the head 'Entertainment expenses' though the same was hit by the provisions of section 37(2A) (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessed was entitled to the expenditure incurred by it under the head 'Shree Ram Jayanti expenses' though there was no nexus between the expenditure incurred and the business run by the assessed-company (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessed was entitled to weighted deduction under section 35B on the expenditure inc...
Commissioner of Income-tax, Delhi, Central-i Vs. Escorts Farms P. Ltd.
Court: Delhi
Decided on: Mar-21-1989
Reported in: (1989)80CTR(Del)226; [1989]180ITR280(Delhi)
Kirpal, J.1. This petition has been filed under section 256(2) of the Income-tax Act seeking reference of the following question of law to this court : 'Whether the Income-tax Appellate Tribunal was correct in law and on facts in holding that the order passed in appeal by the Commissioner of Income-tax (Appeals) and the Income-tax Appellate Tribunal in ITA No. 1325/Delhi/83 will lose effect and would become infructuous in view of the Income-tax Appellate Tribunal's order in M.A. No. 4/Delhi/85, dated February 17, 1985, especially when the latter order has not been accepted by the Department and reference application has been filed against the order ?' 2. Briefly stated, the facts are that in respect of the assessment year 1973-74, the Income-tax Officer made an assessment. An appeal was taken to the Commissioner of Income-tax, who allowed the same. Further appeal was filed by the Department to the Tribunal and the same was decided in favor of the Department. 3. The assessed, thereafter...
Ramdas Plastic Mfg. Co. Pvt. Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on: Mar-20-1989
Reported in: (1989)(22)LC528Tri(Delhi)
1. This is an application for modification of Stay Order No. 102/1988-C dated 25-8-1988 passed by this Tribunal.2. Facts leading to the present application in brief are that alongwith their appeal No. E/1842/1988-C the applicants filed their Stay Application No. E.1067/1988-C for dispensation of the mandatory requirement of the pre-deposit of the amount of duty (i.e. to say Rs. 38,87,715.87) demanded and penalty levied (Rs. 20 lakhs) upon them by the Collector of Central Excise & Customs, Pune in terms of Section 35-F of the Central Excises and Salt Act, 1944. After hearing the parties this Tribunal vide its Stay Order No. 102/1988-C dated 25-8-1988 directed the applicants to deposit an amount of Rs. 13 lakhs with the Collector and also to furnish a Bank Guarantee for the balance amount of the duty within 3 months from the date of the order. It was further directed that on compliance of these conditions within the given time the deposit of the penalty amount shall stand waived and...
National Research Development Corporation of India Vs. Britelite Carbo ...
Court: Delhi
Decided on: Mar-20-1989
Reported in: [1989]66CompCas299(Delhi)
Goswamy, J.1. This application by the respondents under section 151 of the Code of Civil Procedure has arisen in the following circumstances:- The petitioners M/s. National Research Development Corporation of India, filed a petition under section 20 of the Arbitration Act for filing of the arbitration agreement and for referring the disputes between the parties to arbitration in accordance with clause 12 of the agreement between the parties. According to the said clause, the disputes and differences between the parties are to be referred to the sole arbitration of the Chairman, National Research Development Corporation of India, and if he is unable to act, to the sole arbitration of some other person appointed by him and willing to act as such. Admittedly, on the date the petition came up for hearing before the learned single judge of this court, the office of the Chairman was lying vacant. This court, by agreement of the parties, directed the filing of the agreement and reference of t...
Commissioner of Income-tax Vs. Kabir Dass Investment Ltd.
Court: Delhi
Decided on: Mar-20-1989
Reported in: [1989]180ITR409(Delhi)
B.N. Kirpal, J.1. This petition under section 256(2) of the Income-tax Act, 1961, pertains to the assessment year 1981-82 and the Commissioner seeks reference of two questions of law to this court. 2. Learned counsel for the petitioner has brought to our notice the order of the Tribunal under section 256(1) in respect of the assessment year 1980-81, where the Tribunal itself has referred two identical questions of law to this court for its decision. In view thereof, we direct the Tribunal to state the case and refer the following two questions of law to this court : '1. Whether the Income-tax Appellate Tribunal was correction law in holding that interest paid on loans borrowed by the assessed is not to be apportioned between income from business and income from dividends and that thus is fully adjustable against business income only 2. Whether the Income-tax Appellate Tribunal was correct in law in holding that, for the purpose of deduction under section 80M, it was the gross dividend ...
Commissioner of Income-tax Vs. G. Sagar Suri
Court: Delhi
Decided on: Mar-20-1989
Reported in: [1989]180ITR158(Delhi)
B.N. Kirpal, J.1. Heard. The questions which are sought to be raised in this petition arise as a consequence of the decision in I.T.R. Nos. 241 an 242 of 1983 which are still pending in this court. In view thereof, we direct the Tribunal to state the case and refer the following two questions of law to this court : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in law in holding that the payment of interest of Rs. 7,200 was not to the individual but to the joint Hindu family (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is correct in upholding the order of the Commissioner of Income-tax (Appeals) directing exclusion of loss of Ganga Sagar Suri and Sons from the computation of the assessable income of the assessed ?' ...
Himalaya Trading Co. Vs. Commissioner of Wealth-tax
Court: Delhi
Decided on: Mar-19-1989
Reported in: [1989]180ITR393(Delhi)
B.N. Kirpal, J.1. The petitioner has filed a petition under section 27(3) of the Wealth-tax Act being Wealth-tax Case No. 34 of 1985 seeking a direction that the following questions of law be stated and referred to this court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal is right in holding that, for the assessment years 1959-60 to 1961-62, 1963-64 and 1964-65, the property at 14, Barakhamba Road, New Delhi, being a residential house and used for residence, be valued on 'land and building' method instead of 'rent capitalisation' method 2. Whether the Tribunal's conclusion to value the residential house at 14, Barakhamba Road, New Delhi, for the years mentioned in the aforesaid question on 'land and building' method, is based on evidence and materials, or vitiated as based on no evidence but on irrelevant evidence and surmises 3. Whether, on the facts and in the circumstances of the case, the Tribunal is right in not directing the allowance of liability ...
Commissioner of Income-tax Vs. J.K. Synthetics Ltd (No. 2)
Court: Delhi
Decided on: Mar-18-1989
Reported in: [1990]182ITR409(Delhi)
B.N. Kirpal, J.1. In this petition under section 256(2), the petitioner seeks a direction to the Tribunal to state the case and to refer the following questions of law to this court : ' (1) Whether the Income-tax Appellate Tribunal was right in law in holding that nylon-6 yarn is a petroChemical within the meaning of entry No 18 of the fifth and sixth Schedules to the Income-tax Act, 1961 (2) Whether the Income-tax Appellate Tribunal was right in law in accepting the contention of the assessed that it is engaged in the manufacture or production of a petroChemical covered by entry No 18 of the Fifth and Sixth Schedules to the Income-tax Act, 1961, even after the assessed agreed that, in common parlance, nylon yarn manufactured by it is artificial silk (3) In the absence of any finding that classification of nylon yarn as artificial silk and/or textile material or article was perverse or illegal was the Tribunal justified in law in determining a different classification for nylon yarn as...
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