Court : Allahabad
Reported in : [1986]17ITD1075(NULL)
..... the decision of the allahabad high court related to the assessment year 1965-66 when there was no column in the return for showing any such ..... there is no doubt that the return for the assessment year under appeal does provide a column for showing the income arising to the wife as referred to in ..... cit : [1978]112itr492(all) held that under section 64(1)(ii) of the act, the share of a minor admitted to the benefits of partnership could be assessed in the hands of his father if the latter was also a partner in that firm irrespective of the fact whether he was partner as an individual or as a karta of his ..... to the second submission of the learned departmental representative, his reply was that the assessment made under section 147(a) could not be changed to have been made under section 147(b) in view of the principle laid down by the allahabad high court itself in the case of raghubar dayal ram ..... orderper shri prakash narain, accountant member - the original assessment in this case was made under section 143(1) of the income-tax act, 1961 (the act) on 24-10-1976 on an income ..... agree with the findings of the commissioner (appeals) that in view of the decision of the allahabad high court in the case of madho prasad (supra), the income of the assessees wife has to be assessed in his assessment as the ito has done. ..... the assessee an opportunity of being heard and following the decision in the case of madho prasad (supra), he made the assessment on 28-3-1980 by including the sum of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD756(NULL)
..... the nizams supplemental religious endowment trust (supra) for the proposition that the payments on account of tax made in the assessment years in question were entitled to be treated as expenditure incidental to the carrying out of the purposes of the assessee and that such payment could not be excluded from exemption and were, thus, to be excluded from the assessees income.10. ..... a perusal of the earlier order of the tribunal in the case of the assessee for the assessment years 1972-73 and 1973-74 shows that the grant of exemption in respect of the income of the assessee was considered from the point of view of the applicability of the principle of mutuality and not under section 2(15). ..... we, therefore, uphold the assessees contention that the examination of the claim of the assessee of the assessee for the assessment years in question could not be excluded as the principles of res judicata would not be applicable.7. ..... he also noticed that at the time of the filing of the return for the assessment year 1976-77, the assessee had stated that its only source of income was from weighbridge installed for the benefit of members and for traders who paid for the services rendered to them through the ..... he relied upon the order dated 15-10-1975 of the tribunal for the assessment years 1972-73 and 1973-74 and assessed the assessee in respect of the amounts of rs. ..... the income and expenditure account for the assessment year 1975-76 showed an excess of income over expenditure to the tune of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD906(NULL)
..... the authorised representative for the assessee, however, opposed the contention of the departmental representative that the explanation before amendment was applicable to the penalty proceedings for the assessment years 1974-75 and 1975-76 and contended that the explanation before amendment will not apply to the proceedings which were started in 1979, but the explanation after its amendment with effect from 1-4-1976 must ..... of the opinion that the revised returns were filed after certain complaints were received against the assessee by the department and, as such initiated proceedings under section 271(1)(c) of the act in respect of each of the assessment years for furnishing inaccurate particulars of income and concealment thereof. ..... according to him, the said explanation before its amendment applied to the penalty proceedings for the assessment years 1974-75 and 1975-76 and the explanation after amendment applied to the penalty proceedings for the assessment year 1976-77. ..... on 26-10-1974 the assessee filed return of income for the assessment year 1974-75 for the first time. ..... that when penalty is imposed for the concealment of part of an income, it is the law ruling at the date on which the act of concealment takes place which is relevant and it is wholly immaterial that the income concealed was to be assessed in relation to an assessment year in the past. .....
Tag this Judgment!Court : Allahabad
Reported in : [1984]7ITD39(NULL)
..... it may be pointed out that full standard deduction is available from the assessment year 1982-83 even where conveyance allowance is available.letter no. f. no. ..... he was of the view that since the ito had not brought this conveyance allowance to tax in the assessment of the assessee, the presumption was that it had been granted to the assessee to meet the expenses wholly, necessarily and exclusively incurred in the performance of the duties of his office falling under section 10(14) of the act. ..... however, where a claim is made that a certain payment is reimbursement of expenses incurred in the performance of duties, the claim would have to be proved before the assessing authorities. ..... the accounting year for the year under appeal was 1-4-1977 to 31-3-1978. ..... during the year under appeal, therefore, there was income from profession as an advocate and salary as a judge, besides some income from interest.2. .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)210CTR(All)509
..... (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of this act, in respect of the total income of the previous year or previous years, as the case may be, of every person:provided that where by virtue of any provision of this act income-tax is ..... central circle ii, bangalore : [1968]68itr760(sc) , the apex court, while considering the provision of the indian income tax act, 1922, has held as follows:all these provisions clearly show that proceedings for assessment of a firm consist of computation of the income of the firm, determination of tax payable by the firm, apportionment of the income of the firm between its partners in the case of a registered firm ..... tax or any other sum of money is payable under this act, and includes-(a) every person in respect of whom any proceeding under this act has been taken for the assessment of his income or of the income of any other person in respect of which he is assessable, or of the loss sustained by him or by such other person, or of the amount of refund due to him or to such other person;(b) every person who is ..... the relevant assessment year provided for the procedure regarding assessment of registered firm whereas section 183 of the act provided for the procedure regarding assessment of an ..... last three years was as under:assessment year percentage of ..... assessment year .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)207CTR(All)133; [2007]288ITR329(All)
..... marriage, except the thought that it occurred to the assessee that he may perhaps get away with the splitting of his business income upto 6th of february, 1975, when he was assessed for the assessment years 1972-73 to 1974-75, the assessee did not take the plea that he was not doing the cold drink business rather the combined assessment order specifically mentions that the assessee was doing cold drinks business. ..... counsel for the applicant submitted that the applicant had stopped doing cold drink business during the assessment years in question and that the said business was being done by his wife, smt. ..... in his revised order dated 18th january 1987 for assessment year 1974-75 & 76-77 the commissioner of income tax (appeals) again cancelled the penalties imposed by ..... the assessee's plea in respect of the aforesaid assessment years was that he had stopped doing cold drinks business and that the said business was being done by ..... about 15.9.1976, the assessee filed his revised returns for the assessment years 1974-75, 1975-76 and 1976-77 showing income at rs. ..... declared that she had bank account wherein the following deposits had been made in the accounting period corresponding to the assessment years 1974-75 to 1976-77:assessment year deposits made1974-75 rs. ..... he filed his returns of income for the assessment years 1971-72 to 1974-75 simultaneously declaring the income ..... period corresponding to the assessment year 1970-71 upto the assessment year 1972-73, the applicant was assessed at rs. .....
Tag this Judgment!Court : Allahabad
Reported in : [2008]296ITR404(All)
..... in this view of the matter she had not filed the return; moreover the penalties imposed under section 18(1)(c) of the act in respect of the assessment years 1975-76, 1977-78 and 1979-80 have been cancelled, which orders have become final. ..... as the said returns had been filed late by 98 months in the case of the assessment year 1974-75, penalties under section 18(1)(a) of the act were imposed on the assessee as follows, as in the opinion of the wealth-tax officer, there was no reasonable cause for the late submission of the returns in question: assessment year penalty imposed 1973-74 rs. ..... the finding of the tribunal in the assessment year 1975-76 cancelling penalty imposed under section 18(1)(c) of the act is indicative of the fact that the assessee was prevented by reasonable cause on the basis of bona fide belief in filing belated returns for the assessment years under appeal. ..... in respect of the assessment years 1973-74 and 1974-75 her wealth-tax returns were due on august 15, 1973, and july 31, 1974, respectively, but the returns were filed by the assessee on november 12, 1981, in respect of both the aforesaid assessment years, declaring wealth of rs. ..... that in the previous year relevant for the assessment year 1973-74, the national savings certificates of rs. ..... moreover, in the assessment year 1975-76, in the similar circumstances, penalty imposed under section 18(1)(c) of the act was deleted and in the subsequent assessment years, i.e. .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD735(NULL)
..... executed and come into existence on 25-1-1973, there was no reason why it should not have been filed along with the application for registration for the assessment year 1973-74 on 27-3-1973, or at least along with the renewal of registration applications for subsequent years and the assessee would not have waited to file it before the ito till 27-11-1980 after the receipt of show-cause notice from the ito on 16-10-1980 ..... it was held in this case that the mere fact that the instrument of partnership may not have existed during the accounting period relevant to the assessment year for which the registration is granted is not a ground for holding that no genuine firm was in existence and, therefore, rule 6 b of the income-tax rules, 1922 could not be ..... he further submitted that once it was accepted that the supplementary partnership deed was not in existence during the assessment years under appeal, there was no question either holding that the shares of the adult partners in the losses, had been stated in the partnership deed or that there was only a mistake or ..... he pointed out that the application for registration for the assessment year 1973-74 was filed before the ito on 27-3-1973, which was accompanied only by the partnership deed 19-1-1973 and ..... not a genuine document till 27-11-1980, it is idle to think that it could remove any defect, if at all there was one, in the partnership deed dated 19-1-1973 during the previous years relevant for the assessment years 1973-74 to 1977-78. .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]6ITD16(NULL)
..... urged that the assessee could not be debarred from raising the question of taxability for the assessment year in question even though this point was not raised earlier.7. ..... facts, these premises would not hold for the assessment year in question since, as pointed out by dr. ..... for the assessment year in question the assessee filed its return showing an income of ..... the assessment year in question is ..... vaish that notwithstanding the fact that the assessee suffered assessment and taxation in the earlier years, there can be no bar against the assessee in raising the question of the taxability of the receipts in the hands of the assessee on the principle of ..... shri upadhyay also pointed out that in the earlier years the assessee had not raised any objection to being assessed and was showing to income under the head income ..... the accountant, the ito observed had also been attending the income-tax office in connection with the assessment proceedings of the family members. ..... provides that a general meeting of the members shall be held in each year (not later than 30th june) at which the subscriptions fixed by the central board for the ensuing year and the accounts of the previous year shall be levied on the table for information. ..... vaish, no new members were enrolled during the year and the members on roll stood at the figure of 59 at the end of the year (vide para 4 of the statement of affairs of the central board as appearing in the assessees annual report and accounts for the period 1-1-1975 to .....
Tag this Judgment!Court : Allahabad
Reported in : [1986]17ITD711(NULL)
..... , status, nature of the property and mode of valuation shown in the return and that simply because the assessee had furnished a valuation report in a subsequent assessment year, the wto could not have bona fide reason to believe that wealth liable to tax had escaped assessment simply because he felt that there must have been some appreciation in the value of the property as on 15-11-1963 which was the relevant valuation date. ..... in the return filed under section 14 of the wealth-tax act, 1957 for the assessment years 1964-65 to 1967-68.i have reason to believe that by reason of omission or failure on the part of the assessee to disclose fully and truly all material facts necessary for its assessment, the net wealth chargeable to tax has escaped assessment for the assessment years 1964-65, 1965-66 and 1967-68.issue notice under section 17 of the wealth-tax act, ..... as on 31-12-1967 as under :rs.cost of land 36,440book value of building as on 31-3-1967.46,438total 82,878appreciation in value as per valuers report 335,368 total 418,246the assessee has shown this value in the return for the assessment year 1968-69 and is claimed exempt for residential house.the value as per books even as on 31-3-1964, 31-3-1965 and 31-3-1967 would be more than rs. ..... impugned order of the learned commissioner (appeals) and to the copy of the original return and the assessment order for the assessment year 1970-71, he placed reliance on the decision of the honble bombay high court in the case of dr .....
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