Rajasthan Court April 1988 Judgments
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Commissioner of Wealth Tax Vs. Meharchand Dhandia
Court: Rajasthan
Decided on: Apr-05-1988
Reported in: [1989]175ITR141(Raj)
1. This reference under Section 27(1) of the Wealth-tax Act, 1957, at the instance of the Revenue, is to answer the following question of law :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee is entitled to claim deduction on account of income-tax liability which arose as a result of a settlement order of the Commissioner of Income-tax passed on June 20, 1975, in computing the net wealth for the year under consideration ?'The relevant assessment years are 1974-75 and 1975-76. The point involved for decision is covered by -the decision of the Supreme Court in CWT v. J. K. Cotton . : [1984]146ITR552(SC) . It was held therein that the deductions claimed by the assessee were allowable in the computation of the assessee's net wealth. Following that decision, this reference has to be answered against the revenue.2. Consequently, the reference is answered against the Revenue and in favour of the assessee by holding that the T...
Smt. Kiran Devi Vs. Mangtoo Ram and ors.
Court: Rajasthan
Decided on: Apr-02-1988
Reported in: 1988(1)WLN470
Kanta Bhatnagar, J.1. Baboo Lal, husband of the appellant and father of respondent Nos. 2 to 10 had filed a suit in the Court of Additional Civil Judge, Bharatpur for ejectment of the stair case on rent with respondent No. 1 Mangtoo Ram and recovery of arrears of rent. The learned Additional Civil Judge, Bharatpur by the judgment dated November 4, 1980 decreed the suit of the plaintiff Baboo Lal for ejectment of the suit premises and arrears of rent to the tune of Rs. 1140/- and mesne profit @ Rs. 60/-P.M. from June 1, 1975 till the date of possession of the premises. Mangtoo Ram defendant-respondent preferred appeal against the aforesaid decree and challenged the findings of the trial Court on Issues No. 1,2 and 3 relating to the rate of rent, personal reasonable bonafide necessity of the plaintiff of the suit premises and the comparative hardship of the parties. The learned Additional District Judge No. 1, Bharatpur reversed the findings of the trial Court on all the three Issues and...
Commissioner of Income-tax Vs. Om Metals Minerals (P.) Ltd.
Court: Rajasthan
Decided on: Apr-01-1988
Reported in: [1990]185ITR417(Raj)
1. This reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue is to decide the following question of law : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that, for the purposes of allowing deduction under Section 80J borrowed money should be treated as part and parcel of the capital employed in the new industrial undertaking ?' 2. The relevant assessment year is 1975-76. The only point for decision is covered by the decision of the Supreme Court in Lohia Machines Ltd. v. Union of India : [1985]152ITR308(SC) . Following that decision, this reference is to be answered in favour of the Revenue and against the assessee. 3. Consequently, the reference is answered in favour of the Revenue and against the assessee by holding that the Tribunal was not justified in the view taken by it regarding grant of relief under Section 80J of the Act. 4. No costs. ...
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