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Rajasthan Court November 1995 Judgments

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Nov 28 1995

Commissioner of Income Tax Vs. Mehta Vegetable Products Pvt. Ltd.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)5

ORDERB. R. ARORA, J :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1985-86, referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether, on the facts and circumstances of the case, the Tribunal was legally justified in holding that the unpaid sales-tax liability, if paid within the stipulated time provided in the Sales-tax Act, is not disallowable under s. 43B of the IT Act ?'2. The material facts on the basis of which the above question of law is to be decided is similar to those in DB IT Ref. No. 9 of 1992, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the questions which were referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj (supra) this Court held as under :'The Tribunal was justified in directing that the amount of unpaid sales-tax...


Nov 28 1995

Commissioner of Income Tax Vs. Brijlal Pawan Kumar.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)370

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur, for the asst. yr. 1987-88, referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in confirming the order of learned CIT(A) and thereby holding that the unpaid sales-tax liability is not disallowable under s. 43B of the IT Act, if the same is paid within the prescribed time limit under the Sales-tax Act ?'2. The material facts, on the basis of which the above question of law is to be decided, is similar to those in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which was referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 Achaldass Dhanraj (supra) this Court held as under :'The Tribunal ...


Nov 28 1995

Commissioner of Income Tax Vs. Soni Traders.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)309

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur, for the asst. yr. 1987-88, referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that unpaid sales-tax liability, if paid within time allowed under Sales-tax Act should not be disallowed by virtue of s. 43B and thus cancelling the order passed under s. 263 of the IT Act, 1961 ?'2. The material facts, on the basis of which the above question of law is to be decided, is similar to those in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which was referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj (supra), this Court held as under :'The Tribunal was justified i...


Nov 28 1995

Commissioner of Income Tax Vs. Dunichand Kishan Lal.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)132CTR(Raj)199

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1987-88 referred the following question of law under s. 256(1) of the Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal is legally justified in holding that the outstanding sales-tax liability is not disallowable under s. 43B of the IT Act if the same is paid within the time allowed under Sales-tax Act?'2. The material facts on the basis of which the above question of law is to be decided are similar to those in DB IT Ref. No. 9/92, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the questions which were referred in DB IT Ref. No. 9/92. While answering the reference in DB IT Ref. No. 9/92 CIT vs. Achaldass Dhanraj (supra) this Court held that :'The Tribunal was justified in directing that the amount of unpaid sales-tax liabilities t...


Nov 28 1995

Commissioner of Income Tax Vs. R. K. Enterprises.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)54

ORDERB. R. ARORA, J :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1987-88 referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in directing to allow Rs. 2,84,329 out of total unpaid sales-tax liability of Rs. 4,82,220 as the same stands paid prior to the filing of return of income, whereas such amended provisions of s. 43B are only applicable w.e.f. 1st April, 1988 ?'2. The material facts on the basis of which the above question of law is to be decided, is similar to those in DB IT Ref. No. 9 of 1992, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which was referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9/92 CIT vs. Achaldass Dhanraj (supra) this Court held as und...


Nov 28 1995

Commissioner of Income Tax Vs. Bharat Motors.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)132CTR(Raj)189

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1986-87 referred the following question of law under s. 256(1) of the Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that unpaid sales-tax liability if paid within the time allowed under Sales-tax Act should not be disallowed by virtue of s. 43B of the IT Act, 1961?'2. The material facts on the basis of which the above question of law is to be decided are similar to those in DB IT Ref. No. 9/92, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which were referred in DB IT Ref. No. 9/92. While answering the reference in DB IT Ref. No. 9/92 CIT vs. Achaldass Dhanraj (supra) this Court held that :'The Tribunal was justified in directing that the amount of unpaid sales-tax liabilities to the last ...


Nov 28 1995

Commissioner of Income Tax Vs. Hiralal Murlidhar and Sons.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)132CTR(Raj)289

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1987-88 referred the following question of law under s. 256(1) of the Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that outstanding sales-tax liability is not disallowable under s. 43B of the Act if the same is paid within the time allowed under Sales-tax Act ?'2. The material facts on the basis of which the above question of law is to be decided are similar to those in DB IT Ref. No. 9/92, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the questions which were referred in DB IT Ref. No. 9/92. While answering the reference in DB IT Ref. No. 9/92 CIT vs. Achaldass Dhanraj (supra) this Court held that :'The Tribunal was justified in directing that the amount of unpaid sales-tax liabilities to the...


Nov 28 1995

Commissioner of Income Tax Vs. Jasraj.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)132CTR(Raj)441

ORDERB. R. ARORA, J :The Tribunal, Jaipur Bench, Jaipur for the asst. yr. 1985-86 referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the unpaid sales-tax of Rs. 56,753 and mandi tax of Rs. 14,650 are not disallowable under s. 43B of the Act if the same are paid within the prescribed time in respective laws ?'2. The material facts, on the basis of which the above question of law is to be decided are similar to those in DB IT Ref. No. 9 of 1992, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the questions which were referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj (supra) this Court held as under :'The Tribunal was justified in directi...


Nov 28 1995

Commissioner of Income Tax Vs. Radio Centre.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)187

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur, for the asst. yr. 1987-88 referred the following question of law under s. 256(1) of the IT Act for the opinion of the High Court :'Whether on the facts and in the circumstances of the case the Tribunal was legally justified in confirming the order of the learned CIT(A) and thereby holding that unpaid sales-tax is not disallowable under s. 43B of the Act if paid within the time allowed under the Sales-tax Act and/or if the same is paid within the time allowed to file the return of income stipulated under s. 139(1) in view of the amendment to s. 43B of the Act ?'2. The material facts, on the basis of which the above question of law is to be decided, is similar to those in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which was referred in DB IT Ref. No. 9 of 1992. While ans...


Nov 28 1995

Commissioner of Income Tax Vs. Mukund Lal Motilal.

Court: Rajasthan

Decided on: Nov-28-1995

Reported in: (1996)133CTR(Raj)50

ORDERB. R. ARORA, J. :The Tribunal, Jaipur Bench, Jaipur for the asst. yrs. 1986-87 and 1987-88 referred the following question of law under s. 256(1) of the Act for the opinion of the High Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was legally justified in holding that the unpaid sales-tax liability is not disallowable if the same is paid within the time allowed under the Sales-tax Act ?'2. The material facts on the basis of which the above question of law is to be decided are similar to those in DB IT Ref. No. 9 of 1992, CIT vs. Achaldass Dhanraj decided on 27th March, 1995 [reported at (1995) 128 CTR (Raj) 325]. The question referred for the opinion of the High Court is identical with the question which was referred in DB IT Ref. No. 9 of 1992. While answering the reference in DB IT Ref. No. 9 of 1992 CIT vs. Achaldass Dhanraj (supra) this Court held as under :'The Tribunal was justified in directing that the amount of unpaid Sales-tax liabiliti...


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