Rajasthan Court October 1993 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income-tax Vs. Dhandia Gems Corporation
Court: Rajasthan
Decided on: Oct-29-1993
Reported in: (1994)121CTR(Raj)96; [1994]208ITR923(Raj); 1994(3)WLC457
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated January 18, 1993, in respect of the assessment year 1979-80 under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the findings of the Commissioner of Income-tax (Appeals) that the firm is an industrial undertaking and as such weighted deduction under Section 35B(1A) of the Income-tax Act, 1961, was to be allowed ?'2. The brief facts of the case are that the assessee is carrying on business in rough emeralds by purchasing the same from the local marketand converting the same to Tawadda, Potta and cut emeralds by processing. The contention of the assessee was that the firm was engaged in manufacturing and, therefore, it constituted an industrial undertaking and it being a small scale exporter was entitled to weighted deduction. The Inspecting Assistant Commissioner ca...
Commissioner of Income-tax Vs. Dr. K.L. Parikh
Court: Rajasthan
Decided on: Oct-28-1993
Reported in: 1993WLN(UC)451
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated September 25, 1982, in respect of the assessment years 1976-77 and 1977-78 under Section 256(1) of the Income-tax Act, 1961 :'Whether, on the facts and in the circumstances of the case, the Income-tax. Appellate Tribunal was justified in holding that the assessee was entitled for credit for the entire amount of tax deducted at source in Iran under Section 91(1) of the Income-tax Act, 1961, and not in proportion to the income included in the total income of the assessee after considering the provisions of Section 80RRA of the Income-tax Act ?'2. The arguments of both learned counsel have been heard. The question of law referred to this court is covered by the decision in the case of CIT v. Dr. R.N. Jhanji wherein the decision of K.V.Al.M. Ramanathan Chettiar v. CIT : [1973]88ITR169(SC) was taken into consideration in which the provisions of Section 49D of the In...
Commissioner of Income-tax Vs. Assam Roller and Flour Mills
Court: Rajasthan
Decided on: Oct-28-1993
Reported in: (1994)122CTR(Raj)393; [1994]209ITR835(Raj)
1. The Revenue has raised the following two questions of law arising out of the order of the Income-tax Appellate Tribunal dated February 29, 1980, in respect of the assessment year 1975-76 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in deleting the addition of Rs. 1,95,877 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amount of Rs. 5,000 odd arrived at after deducting the amount of Rs. 1,95,877 referred to in question No. (1) above from the disputed liability of Rs. 2,09,044 represented statutory liability and as such it should be allowed ?' 2. The assessee has collected a sum of Rs. 1,95,877 on account of sales tax which was credited to the account styled as 'Deposits against Rajasthan Sales Tax Account'. The Income-tax Officer came to the conclusion that the amount was collected against the sales tax liability and as such it is a part of the trading receipt and since t...
Commissioner of Income-tax Vs. Aditya Mills Ltd.
Court: Rajasthan
Decided on: Oct-28-1993
Reported in: (1994)119CTR(Raj)253; [1994]209ITR933(Raj); 1993WLN(UC)384
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated May 29, 1980, in respect of the assessment year 1974-75, under Section 256(1) of the Income-tax Act, 1961 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Commissioner of Income-tax (Appeals) reducing the disallowance made under Section 43(5) of the: Income-tax Act, from Rs. 1,86,764 to Rs. 4,500 and thereby allowing relief of Rs. 1,82,264? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in further holding that none of the transactions are in the nature of speculative transactions covered by Section 43(5) of the Income-tax Act, 1961? 3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Commissioner of Income-tax (Appeals) deleting the disallowance of Rs. 68,620 representing expendi...
Commissioner of Wealth-tax Vs. Smt. Asha Mittal
Court: Rajasthan
Decided on: Oct-28-1993
Reported in: (1994)116CTR(Raj)106; [1994]209ITR368(Raj); 1994(3)WLC208; 1993WLN(UC)309
1. The Income-tax Appellate Tribunal has referred the following two questions of law arising out of its order dated September 17, 1982, in respect of assessment year 1976-77 :'1. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in law in holding that the firms engaged in the construction of dams, constituted an industrial undertaking within the meaning of Section 5(1)(xxxii) ? 2. Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is justified in holding that the interest of the assessee in the assets of the firms qualified for exemption under Section 5(1)(xxxii) ?' 2. The brief facts of the case are that the assessee is a partner in the firms, M/s. Mittal and Co., Project Works, Dholpur, M/s. Mittal and Co., Dholpur and M/s. Mittal and Co., Bombay, and had credit balances. The firms were engaged in the construction of dams. It was claimed that the said three firms are industrial underta...
Commissioner of Wealth-tax Vs. Seth Gokuldas Pradeep Kumar (No. 1)
Court: Rajasthan
Decided on: Oct-14-1993
Reported in: [1994]210ITR64(Raj)
V.K. Singhal, J.1. The Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated April 29, 1991, in respect of the assessment years 1970-71 to 1973-74 under Section 27(1) of the Wealth-tax Act, 1957 :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the Appellate Assistant Commissioner has rightly calculated the value of the let out portion of Haveli situated in Shahpura Mohalla, Beawar, on rent capitalisation method ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the multiplier of 12.50 applied by the Appellate Assistant Commissioner while computing the value of the let out portion of Rathi House, Jaipur ?' 2. The brief facts of the case are that Seth Gokuldas Pradeep Kumar Rathi has a half share in the house property, namely, Haveli, situated in Shahpura Mohalla. The value of the share in the property shown by the assessee in...
Commissioner of Wealth-tax Vs. Man Bahadur Singh
Court: Rajasthan
Decided on: Oct-14-1993
Reported in: (1994)116CTR(Raj)47; 1993WLN(UC)258
V.K. Singhal, J.1. The Income-tax Appellate Tribunal, Jaipur Bench, Jaipur, has referred the following questions of law arising out of its order in respect of the assessment years 1971-72 to 1975-76 under Section 27(1) of the Wealth-tax Act, 1957 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the order of the lower authorities and restoring the matter regarding valuation of self-occupied property to the Wealth-tax Officer with the direction to reframe the assessment in accordance with law and as per the decision of the Special Bench of the Income-tax Appellate Tribunal, Delhi Bench 'A', dated February 17, 1981, in Wealth-tax Applications Nos. 614 to 624/(Delhi) of 1979 and Wealth-tax Applications Nos. 703 to 717/(Delhi) of 1979 in the case of Shri Biju Patnaik, New Delhi ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that Rule 1BB of the Wealth-tax Rules, 1957, is pro...
Commissioner of Income-tax Vs. Anjuman Moinia Fakharia
Court: Rajasthan
Decided on: Oct-14-1993
Reported in: (1994)119CTR(Raj)91; [1994]208ITR568(Raj)
V.K. Singhal, J. 1. The Income-tax Appellate Tribunal has referred the following question of law arising out of its order dated February 17, 1981, in respect of the assessment years 1974-75, 1975-76 and 1976-77 under Section 256 of the Income-tax Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in upholding the order of the Appellate Assistant Commissioner directing the Income-tax Officer to allow exemption in respect of accumulation as claimed under Section 11(2) of the Income-tax Act, 1961, read with Rule 17 of the Income-tax Rules, 1962 ?' 2. The brief facts of the case are that the assessee has been registered as a charitable institution with the Commissioner of Income-tax under Section 12A(a) of the Income-tax Act, 1961. It derives income from the services rendered to Dargah Khawaja of Ajmer and then applies the same for charitable purposes. The assessee has not furnished the returns of income for the years 1974-75 and 1975-76 on ...
Mani Lal and Company Vs. Commercial Taxes Officer
Court: Rajasthan
Decided on: Oct-13-1993
Reported in: [1994]95STC442(Raj)
V.K. Singhal, J.1. The assessee has filed this revision petition under Section 15 of the Rajasthan Sales Tax Act, 1954, raising the following questions :'(i) Whether to effectuate a sale under the Rajasthan Sales Tax Act, it is necessary that there should be a sale from one person to another, and whether a sale made to different branches of a firm or company in various parts of the country, cannot be considered to be 'sale' within the definition clause of the aforesaid word 'sale' as occurring in Section 2(o) of the Rajasthan Sales Tax Act, 1954 ?(ii) Whether, in the facts and circumstances of the case, it can be held that the sale made by the petitioner to its various branches in various parts of the country was not a sale but only a stock transfer ?(iii) Whether the Tribunal was bound to follow the earlier Division Bench decision of the Board of Revenue in the case of this very petitioner based on the same facts, and whether the Tribunal could take a different view without, in any ma...
Kota Co-operative Marketing Society Ltd. Vs. Commissioner of Income-ta ...
Court: Rajasthan
Decided on: Oct-12-1993
Reported in: [1994]209ITR276(Raj)
V.K. Singhal, J. 1. The Income-tax Appellate Tribunal has referred the following questions of law arising out of its order dated March 9, 1981, in respect of the assessment year 1975-76 : '(1) Whether the Tribunal was correct in law in allowing the deduction under Section 80P(2) of the Act at Rs. 98,323 only out of deduction claimed for Rs. 3,51,154 (2) Whether the Tribunal was correct in law in deducting proportionate expenditure at the rate of 72 per cent. out of the income claimed under Section 80P(2) of the Act for the overhead expenditure ? (3) Whether the Tribunal was correct in law in not allowing the entire expenditure under Section 37 of the Act against the taxable income ?' 2. This matter has been considered in D.B. Income-tax Reference No. 90 of 1982 in the case of Kota Co-operative Marketing Society Ltd. v. CIT .3. Following the decision in the said case this reference is accordingly answered in favour of the Revenue and against the assessee. No order as to costs....
- ‹ Prev
- 2
- 3
- Next ›
- Last »