Delhi Court July 2000 Judgments
Home Cases Delhi 2000 Page 8 of about 277 results (0.021 seconds)Commissioner of Income-tax Delhi-iv Vs. Purshottam Dass
Court: Delhi
Reported in: [2001]247ITR516(Delhi)
ORDERArijit Pasayat, C.J.1. At the instance of Revenue, following question has been referred for the opinion of this Court under Section 256(1) of the Income-tax Act, 1961, (in short 'the Act'), by the Income-tax Appellate Tribunal, Delhi Bench-C (in short, 'the Tribunal') :- 'Whether, on the facts and circumstances of the case, the Tribunal was justified in allowing exemption to the assessed in respect of the property in Green Park Extension, New Delhi, under section 23(1)(b)(ii) of the Income-tax Act, 1961?' 2. Factual position in a nutshell is as follows:- For the assessment year 1973-74, assessed claimed exemption of Rs. 6000/-(Rs.1200 per unit) under section 23(1)(b)(ii) of the Act. Claim was in respect of a house property in Green Park Extension, New Delhi let out to Cabinet Secretariat, Government of India on a monthly rent of Rs.4000/-. Claim was rejected by the assessing officer on the ground that property was not being utilized for residential purposes as it was used by the C...
Tag this Judgment!The Commissioner of Income-tax Delhi-iii Vs. Radhey Shyam, Delhi
Court: Delhi
Reported in: [2000]245ITR342(Delhi)
ORDERD.K. Jain, J.1. At the instance of Revenue the Income-tax Appellate Tribunal, Delhi (for short the 'Tribunal') has referred under Section 256(1) of the Income-tax, 1961 (for short the 'Act') the following question, arising out of ITA No. 504(Del)/of 76-77, for our opinion: 'Whether on the facts and in the circumstances of the case, the Tribunal was correct in deleting the penalty levied by the Inspecting Assistant Commissioner amounting to Rs.10,000/- u/s. 271(1)(c) of the Income tax Act, 1961?'2. The facts lie in a very narrow compass. The Reference relates to the Assessment Year 1968-69, For the relevant assessment year the assessee, an individual, filed his return on 4.9.1968, declaring a total income of Rs.14,917/-. An ex parte assessment was completed on 29.3.1972 on a total income of Rs. 98,417/-. It appears that the assessment was reopened, where after the assessed filed a revised return sometime in January, 1974 declaring a total income of Rs. 24,080/- and was accordingly ...
Tag this Judgment!M/S. Exportos India Vs. Commissioner of Income-tax, New Delhi
Court: Delhi
Reported in: [2000]246ITR1(Delhi)
ORDERD.K. Jain, J.1. These are three references, two at the instance of the assessed (arising out of RA Nos. 931/Del./85 and 932/85, pertaining respectively to the assessment years 1979-80 and 1980-81 and one at the instance of the Revenue (arising out of RA No.913/Del./85, pertaining to the assessment year 1979-80) under Section 256(1) of the Income-tax Act, 1961 (for short the Act) seeking opinion of this Court on the following questions: RA No. 931/Del./85 (By the Assessee) 1. 'Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the proceedings u/s 263 were validly initiated by the Commissioner of Income-tax in respect of assessment year 1979-80 2. Whether on the facts and in the circumstances of the case the Income-tax Appellate Tribunal erred in law in holding that interest on foreign bills, bank charges on foreign bills and difference in foreign exchange did not constitute expenditure on the performance of s...
Tag this Judgment!Commissioner of Income-tax Vs. Printers House Pvt. Ltd.
Court: Delhi
Reported in: [2000]246ITR663(Delhi)
D.K. Jain, J.1. In these references, at the instance of the Revenue, the Income-tax Appellate Tribunal (in short 'the Tribunal'), has referred the following' common question under Section 256(1) for the Income-tax Act, 1961 (for short the 'Act') for our opinion :'Whether, on the facts and in the circumstances of the case and on proper construction of the collaboration agreement dated June 9, 1961, the Tribunal was legally correct in holding that the entire payment of 1,25,000 Dutch guilders was for the acquisition of patent rights by the assessee-company ?'2. Though the references are four in number they pertain to three assessment years, namely, assessment years 1969-70 to 1971-72, for which the relevant previous years ended on December 31 of each of the previous calendar years. The question referred and the statements of cases drawn by the Tribunal being similar for all the years, this judgment will govern all the references. Although the Tribunal's order in respect of the assessment...
Tag this Judgment!Nabha Investments Pvt. Ltd. Vs. Union of India (Uoi) and ors.
Court: Delhi
Reported in: 2000(55)DRJ256
D.K. Jain, J. 1. By this petition under Articles 226 and 227 of the Constitution of India, the petitioner, a private limited investment company, impugnes the legality and validity of the notice dated 7th April, 1999 issued by the Commissioner of Income-tax, Delhi-IV, respondent No. 2 herein, in exercise of the powers conferred on him by Section 263 of the Income-tax Act, 1961 (for short the Act) to show cause as to why the assessments made by the joint Commissioner of Income-tax(Assessments). Special Range-VIII, on 24th February 1998 for the assessment years 1987-88,1989-90,1991-92,1992;93,1993-94 and 1994-95 be not set aside and suitable directions for re-doing the same as per law be not issued to the Assessing Officer as in his opinion the said assessment, orders are erroneous insofar as they are prejudicial to the interests of the Revenue.Shorn of unnecessary details, the facts material for the purposes of this petition are:The petitioner deals in shares, stocks and securities. In i...
Tag this Judgment!Commissioner of Income Tax Vs. Printers House (P) Ltd.
Court: Delhi
Reported in: (2000)163CTR(Del)189; [2000]112TAXMAN423(Delhi)
Jain, J.In these references, at the instance of the revenue, the Tribunal has referred the following common question under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as `the Act') for our opinion :'Whether, on the facts and in the circumstances of the case, and on proper construction of the collaboration agreement dated 9-6-1961, the Tribunal was legally correct in holding that the entire payment of 1,25,000 Dutch Guilders was for the acquisition of patent rights by the assessee- company ?'2. Though the references are four in number but they pertain to three assessment years, namely, assessment years 1969-70 to 1971-72, for which the relevant previous years ended on 31st December of each of the previous calendar years. The questions referred and the statements of cases drawn by the Tribunal being similar for all the years, this judgment will govern all the references. Although the Tribunal's order in respect of the assessment years 1969-70 and 1970-71 does not ...
Tag this Judgment!Commissioner of Income Tax Vs. Purshottam Dass
Court: Delhi
Reported in: (2000)163CTR(Del)182; [2000]112TAXMAN122(Delhi)
Pasayat, C.J. At the instance of the revenue, following question has been referred for the opinion of this court under section 256(1) of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), by the Tribunal, Delhi Bench C:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in allowing exemption to the assessed in respect of the property in Green Park Extension, New Delhi, under section 23(1)(b)(ii) of the Income-tax Act, 1961 ?'2. Factual position in a nutshell is as follows:For the assessment year 1973-74, the assessed claimed exemption of Rs. 6,000 (Rs. 1,200 per unit) under section 23(1)(b)(ii) of the Act. Claim was in respect of a house property in Green Park Extension, New Delhi, let out to Cabinet Secretariat, Government of India, on a monthly rent of Rs. 4,000. Claim was rejected by the assessing officer on the ground that the property was not being utilised for residential purposes as it was used by the Cabinet Secretariat. The ass...
Tag this Judgment!Exports India Vs. Commissioner of Income Tax
Court: Delhi
Reported in: (2000)163CTR(Del)239
D.K. Jain, J.These are three references, two at the instance of the assessed (arising out of RA Nos. 931/Del/1985 and 932/1985, pertaining respectively to the assessment years 1979-80 and 1980-81 and one at the instance of the revenue (arising out of RA No. 913/Del/1985, pertaining to the assessment year 1979-80) under section 256(1) of the Income Tax Act, 1961 (for short the Act), seeking opinion of this court on the following questions:RA No. 931/Del/85 (By the assessee)1. 'Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the proceedings under section 263 were validly initiated by the CIT in respect of assessment year 1979-80 ?2. Whether on the facts and in the circumstances of the case the Tribunal erred in law in holding that interest on foreign bills, bank charges on foreign bills and difference in foreign exchange did not constitute expenditure on the performance of services outside India in connection with or incidental to the...
Tag this Judgment!Nabha Investments (P) Ltd. Vs. Union of India and ors.
Court: Delhi
Reported in: (2000)162CTR(Del)420
D. K. Jain, J.By this petition under Arts. 226 and 227 of the Constitution of India, the petitioner, a private limited investment company, impugned the legality and validity of the notice dated 7-4-1999, issued by the CIT Delhi IV, respondent No. 2 herein, in exercise of the powers conferred on him by section 263 of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'), to show-cause as to why the assessments made by the Jt. CIT (Asst.), Special Range-VIR, on 24-2-1998, for the assessment years 1987-88, 1989-90, 1991-92, 1992-93, 1993-94 and 1994-95 be not set aside and suitable directions for redoing the same as per law be not issued to the assessing officer as in his opinion the said assessment orders are erroneous insofar as they are prejudicial to the interests of the revenue .2. Shorn of unnecessary details, the facts material for the purposes of this petition are :The petitioner deals in shares, stocks and securities. In its returns of income for the relevant assessment...
Tag this Judgment!Applied Electronics Ltd. Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in: (2001)(130)ELT500TriDel
1. In these five appeals, arising out of a common Order No.32/92-Collr., dated 30-6-1992 passed by the Collector of Central Excise, Mumbai, the issue involved is whether the exemption under Notification No. 175/86-CE., dated 1-3-1986 is available to the excisable goods manufactured by M/s. Swicon Micro System Pvt. Ltd. 2. Briefly stated the facts are that M/s. Swicon Micro System Pvt. Ltd. manufacture electronic testing and measuring instruments, electrical machinery, mechanical appliances, etc. On 26-2-1989, Central Excise Officers intercepted a vehicle No. MTF 2936 carrying electronic testing and welding instruments and temperature controllers valued at Rs. 1,78,337.50. The goods were affixed with brand name 'APLAB' which was concealed with stickers of 'Swicon'. The Officers also found 5 meters and 6 power supply valued at Rs. 22,000/- unaccounted in their factory premises. All the goods were seized by the Officers. A show cause notice dated 24-8-1989 was issued to them alleging tha...
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