Mumbai Court December 1976 Judgments
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Commissioner of Income-tax, Poona Vs. Bashirkhan Ismailkhan
Court: Mumbai
Decided on: Dec-07-1976
Reported in: [1977]109ITR629(Bom)
Desai, J.1. The following question has been referred to us for our consideration by the Income-tax Appellate Tribunal under section 256(1) of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case and on a proper interpretation of section 297(2)(g) of the Income-tax Act, 1961, penalty could be imposed under section 271(1)(c) of the said Act in respect of assessments completed under section 23(3) read with section 34(1)(a) of the 1922 Act ?' 2. We are concerned in this reference with four assessment years, viz., 1954-55 to 1957-58. In respect of these years the assessments of the assessee, an individual, were completed between 29th March, 1956, and 25th February, 1960. Subsequently, the Income-tax Officer reopened the assessments under section 34. For all the four years the reassessments were completed on 21st January, 1963, i.e., after commencement of the Income-tax Act, 1961. During the course of the reassessment proceedings the Income-tax Officer came ...
Laxman Dattatraya More and ors. Vs. Manohar Namdeo Konde
Court: Mumbai
Decided on: Dec-01-1976
Reported in: AIR1978Bom22
ORDER1. In this writ petition under Article 227 of the Constitution, the petitioners landlords challenge the validity of the judgment and order dated 28th June 1971 passed in Civil Appeal No. 822 of 1970 setting aside the decree of the trial Court and directing the petitioners to put the respondent-tenant in possession of one room on the first floor of the suit property which is vacant and in their possession.2. The respondent had taken on lease one room on the ground floor of house No. 348/2, Genesh Peth, Poona, owned by the original petitioner's mother Sonubai Dattatraya More. Sonubai had filed Civil Suit No. 4444 of 1964 for recovery of possession of the said room against the respondent on the ground that the same was required by her for the purpose of erecting new construction on the premises sought to be demolished as provided under Section 13(1)(hh) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as 'the Bombay Rent Act'). That suit w...
Commissioner of Income-tax, Bombay City-iii Vs. Devkaran Nanjee Insura ...
Court: Mumbai
Decided on: Dec-01-1976
Reported in: [1977]110ITR815(Bom)
Desai, J.1. In this reference at the instance of the Commissioner the following two questions have been referred to us by the Income-tax Appellate Tribunal : '(1) Whether, on the facts and in the circumstances of the case, the amounts paid by the assessee to its employees and styled 'entertainment allowances' are admissible as deductions in the computation of its business income of the assessment years 1961-62 and 1962-63 (2) Whether, on the facts and in the circumstances of the case, was the sum of Rs. 51,361 incurred by the assessee for management expenses, over and above the limit set for it under section 40C of the Insurance Act, allowable as business expenditure in the computation of its income for the assessment year 1962-63 ?' 2. It may be mentioned that one of the assessment years in question would be governed by the Indian Income-tax Act, 1922, whereas the second of the assessment years in question would be governed by the Income-tax Act, 1961. A few facts may be stated : The...
Commissioner of Income-tax, Bombay City-ii Vs. Chandanmal Kasturchand
Court: Mumbai
Decided on: Dec-01-1976
Reported in: [1978]112ITR296(Bom)
Tulzapurkar, J.1. These two references which have been made by the Income-tax Appellate Tribunal to this court under section 66(1) of the Indian Income-tax Act, 1922, and section 256(1) of the Income-tax Act, 1961, could be conveniently disposed of by a common judgment, inasmuch as the facts giving rise to the two questions which have been referred to us in each are common and the questions pertain to whether interest credited to the accounts of the respective minor sons of the assessee are liable to be included in the assessee's total income under section 16(3)(a)(ii) of the 1922 Act, and under section 64(ii) of the 1961 Act though for different assessment years. 2. In the first reference (No. 27 of 1967) the precise question referred to us for our determination runs thus : 'Having regard to the terms of annexure 'A', are the sums of Rs. 1,626, Rs. 1,808 and Rs.2,008 credited to the accounts of the respective minor sons of the assessee as interest liable to be included in the assessee...
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