Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)209
..... were carried by the revenue, these assessees accepted that agricultural income was part of total assessable income by including above income in the total taxable income in the so-called revised return. the ao thereafter issued notice under section 148 of the it act. in response to above notice, the assessees again accepted agricultural income as part of total income chargeable to tax. the validity of reassessment proceedings could not be ..... appellant rajesh chawla and rajiv chawla were summoned by the adi, ludhiana and asked to produce evidence about agricultural income. as per order of the asstt. cit, summons dt. 24th may, 1996 were sent to rajesh chawla and rajiv chawla under section 131(a) of the act asking the assessees to produce the relevant documents. rajesh chawla and rajiv chawla attended the office on .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)144PLR222
..... undisputed facts: (a) the land of all the petitioners falls within the designated controlled areas; (b) the conversion of agricultural land for non-agricultural purposes is subject to regulation under the 1963 act and the 1965 rules. (c) all the petitioners have executed agreements as provided under rule 26-d of the 1965 rules ..... slate government the levy of conversion charges for granting permission for change of land user from agricultural to other projects is legally justified and rational. the state government also takes some percentage of the unearned income from the beneficiary whose land value has increased due to the decision of the state ..... the respondents cannot be permitted to levy tax disguised as conversion charges. while allowing permission regarding change of land user, the government is not permitted to impose charges for augmenting its resources on the ground that applicants on being granted the permission, would earn unprecedented income or profits. at best, the petitioners .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)5VST26(P& H)
..... ) does not cover income that is not at all within the reach of the new zealand tax laws. it refers to income that would, had it not been for the exemption, otherwise have been so taxable ..... bhikaji nagarkar v. union of india : (2000)illj728sc .tax at the appropriate rate would have become payable but for the exemption. decision in australian mutual provident society v. irc 1962 ac 135 (pc), has stated the position as follows:'the phrase 'exempt from taxation' land and income-tax act, 1954 (no. 6701) (new zealand) section 86(1 ..... considered to be the real incentive in the competitive market and not that tax is first calculated on the transactions on which no tax as such is leviable/payable under the act and then grant exemption thereof.22. referring to its earlier judgments in commissioner of income-tax v. strawboard mfg. co. ltd. : [1989]177itr431(sc) and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)204CTR(P& H)213; [2008]303ITR138(P& H)
..... to interest on delayed refund of interest as well. the judgments being national agricultural co-operative marketing federation of india ltd. v. union of india and ors. : [1981]130itr928(delhi) , cit v. leader engineering works , modi industries ltd. v. cit : [1995]216itr759(sc) , cit v. saswad mali sugar factory ltd. : [2001]249itr756(bom) , sandvik ..... applying pre-existing legal norms to factual situations. now the necessity of giving reasons is an important safeguard to ensure observance of the duty to act judicially. it introduces clarity, checks the introduction of extraneous or irrelevant considerations and excludes or, at any rate, minimises arbitrariness in the decision-making ..... from the rule of law which constitutes one of the basic principles of the indian constitutional set up. the administrative authorities having a duty to act judicially cannot therefore decide on considerations of policy or expediency. they must decide the matter solely on the facts of the particular case, solely .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)205CTR(P& H)304; [2006]286ITR1(P& H)
..... v. k.k. sen, appellate assistant commissioner of income-tax, bombay 1995 46 itr 198; kylasa sarabhaiah v. commissioner of income-tax, hyderabad : [1965]56itr219(sc) ; ellerman lines ltd. v. commissioner of income-tax, west bengal, i : [1971]82itr913(sc) smt. bhagirathi devi kumar rani saheba of vizianagaram v. agricultural income-tax revision board, u.p. : [1971]82itr921(all) ; and commissioner of income-tax v. milk food ltd. : [2006]280itr331(delhi ..... ) (delhi) to submit that tax effect in the present case being `nil' as even if the deductions of the kind in question, i.e., receipt of sales tax subsidy and disallowance of interest under section 36(1)(iii) of the act are disallowed, still .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)206CTR(P& H)454; [2008]301ITR37(P& H)
..... of fact to be considered in each case depending on its own facts and circumstances... 8. as to the nature of income-tax proceedings, matter has been gone into in several decisions. referring to the nature of assessment proceedings under the it act, 1961, it was observed in s.s. gadgil v. lal and co. : [1964]53itr231(sc) :9. a proceeding for assessment is ..... received from his son who was running a cloth shop at baddi and a sum of rs. 13,608 was received out of sale proceeds of agricultural produce and trees. he owned 33 kanals of agricultural land in district hamirpur (hp). the ao made addition of rs. 95,050, taking into account payments made by one suresh sharma, liaison agent for the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)
..... legislation but on that account alone it cannot be struck down as invalid. the courts cannot, as pointed out by the united states supreme court in secretary of agriculture v. central roig refining co. (1950) 94 l ed 381, be converted into tribunals for relief from such crudities and inequities. there may even be possibilities ..... and assessment/reassessment/recomputation if the same were beyond the time specified under section 143(2) but within the time specified under section 153(2).6.2 in national agricultural co-operative marketing federation of india ltd. and anr. v. union of india and ors. : (2003)181ctr(sc)1 , the hon'ble supreme court examined ..... to returns filed after 1st oct., 1991 for reassessment/recomputation of tax if such reassessment/recomputation was otherwise within limitation.2. case of the petitioner is that it had filed its return for the asst. yr. 1989-90 declarmg nil income claiming exemption under section 80p of the act on 31st oct., 1989, which was accepted. on 11th .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)146PLR685; (2007)5VST308(P& H)
..... of the honourable supreme court referred to above.42. in state of haryana v. sant lal : (1993)4scc380 , provisions of section 38 of the haryana general sales tax act, 1973 were held to be unconstitutional as therein, every clearing and forwarding agent or person transporting goods was required to furnish information in respect of consignments to the assessing ..... not to influence it; or fails to take into account matters which it ought to take into account, the court will interfere. see, padfield v. minister of agriculture, fisheries and food 1968 ac 997. if the decision-making body comes to its decision on no evidence or comes to an unreasonable finding - so unreasonable that a ..... which are not fully covered by the way-bill or the way-bill be defective or incomplete. we would reiterate that on these two conditions being absent, the incoming goods, specially those being brought by registered dealers, would not be detained at the check-posts. any effort of the officers of the check-posts to do .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2007]291ITR80(P& H)
..... agricultural income and not unexplained income. the commissioner of income-tax (appeals) partly allowed the appeal but upheld the addition of rs. 1 lakh. on further appeal, the tribunal remanded the matter to the assessing officer.3. the assessee had also raised a plea that the order of transfer of jurisdiction under section 127 of the income-tax act, 1961, (for short, 'the act ..... /(asr) of 2001, for the assessment year 1993-94, proposing the following substantial questions of law:(i) whether the compliance of section 127 of the income-tax act, 1961 has been made in the present case ?(ii) who would have the jurisdiction to decide the case of the appellant and whether the provisions of ..... against whom an order of transfer is made has no such remedy under the act to question the order of transfer. besides, the aggrieved assessee on receipt of the notice under section 34 may even satisfy the income-tax officer that there were no reasons for reopening the assessment. such an opportunity is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2007)211CTR(P& H)482
..... . it is only in cases of 'underassessment' based on cls. (a) to (d) of expln. 1 to section 147, that the assessment of tax due has to be recomputed on the entire taxable income. the judgment in v. jaganmohan rao's case, therefore, cannot be read to imply as laying down that, in the reassessment proceedings validly initiated, the ..... an assessment is validly reopened by issuance of a notice under section 22(2) of the 1922 act (corresponding to section 148 of the act), the previous underassessment is set aside and the ito has the jurisdiction and duty to levy tax on the entire income that had escaped assessment during the previous year. what is sot aside is, thus, only ..... wherein, while relying upon a judgment of hon'ble supreme court in cit v. sun engineering works (p) ltd. (1992) 107 ctr (sc) 209 : (1992) 198 1tr 297 (sc), it was held that it was not correct that once valid proceedings under section 147 of the act are started, the whole assessment proceedings start afresh. what is set aside .....
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