Court : Delhi
Decided on : Mar-15-1973
Reported in : [1974]94ITR269(Delhi)
..... binding upon this court. the tribunal after considering the explanationn offered by the assessed for not filing the gift-tax return under section 13(1) of the act has rejected the explanationn given by the assessed we see no valid reason to differ from the finding of the tribunal on this point. the explanationn offered ..... voluntarily filed a return before the assessment was completed disclosing a loss and claiming that the loss should be carried forward under section 24(2) of the said act. the assesseds claim was disallowed by the income-tax authorities on the ground that the assessed had not filed the return disclosing loss within the time prescribed under ..... ,633. the income-tax assessment as well as the gift-tax assessment and the penalty orders under sections 17(1) (a) and 17(1) (c) of the act, were confirmed by the appellate assistant commissioner. on further appeal to the income-tax appellate tribunal (hereinafter referred to as 'the tribunal'), the tribunal cancelled the assessment of .....
Tag this Judgment!Court : Kerala
Decided on : Dec-17-1973
Reported in : [1976]102ITR202(Ker)
..... and mrs. sara cherian. nobody suggested that there was no need to discharge these debts on or before the due (sic) nobody suggested that it would be a prudent act to try and keep the (sic) estate without discharging the liabilities. nobody suggested that these liabilities had not been cleared. the tribunal took the view that a sale at ..... a company or a firm thus deals with land as a land-owner.' this is an extract from the passage in the commentaries to section 4 of the income-tax act, 1961, by kanga and palkhivala and the cases cited support the statement. the assessee, if he wanted to retain the estate that he had purchased would have had ..... usual trade or business or incidental to it; the nature and quantity of the commodity purchased and resold; any act subsequent to the purchase to improve the quality of the commodity purchased and thereby make it more readily re-saleable; any act prior to the purchase showing a design or purpose ; the incidents associated with the purchase and re-sale ; .....
Tag this Judgment!Court : Kerala
Decided on : Mar-09-1973
Reported in : 1973CriLJ1534
..... penal code and further convicted and sentenced to one month's rigorous imprisonment under section 5(1)(c) read with section 5(2) of the prevention of corruption act, 1947 (act ii of 1947) with the direction to run the sentences concurrently.2. the first charge against the appellant related to his preparation and presentation of a false travelling ..... 1) (c) read with section 5 (2) of the prevention of corruption act, 1947, are set aside; the case is remitted to the special judge for disposal in accordance with law permitting the parties to adduce fresh evidence in respect of the ..... to his own conclusion as to whether the appellant is guilty of the offence under section 5 (1) (c) read with section 5 (2) of the prevention of corruption act, 1947.14. in the result, in dismissing the appeal confirming the conviction and sentence under section 477-a, criminal p. c, the conviction and sentence under section 5 ( .....
Tag this Judgment!Court : Kerala
Decided on : Jun-06-1973
Reported in : [1978]112ITR341(Ker)
..... as we have already stated, that the contention was that out of the income attributable to each of the assessment years, the tax leviable under section 68 of the finance act, 1965, must be deducted for the purpose of arriving at the net wealth assessable to wealth-tax. the assessees, the appellants, had already been assessed to wealth-tax ..... net wealth of the assessees for each of the years what we have mentioned, the entirety of the income declared for that year under section 68 of the finance act, 1965. counsel for the assessee has repeated the argument that was advanced by him before the learned single judge that the procedure adopted is not justified by the principles ..... tax : [1968]69itr864(sc) ) and that the liability was a debt owed by the assessees on the valuation dates falling under section 2(m) of the wealth-tax act, 1957. the wealth-tax officer was, therefore, in error in not having deducted the income-tax liability on the various valuation dates for the four years in question on .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-09-1973
Reported in : [1974]97ITR721(Raj)
..... been avoided if the income as returned by such person had been accepted as the correct income.....'while examining the provisions of section 28(1)(c) of the act the honble judges of the supreme court in anwar alis case have made the following observations :'but one of the principal objects in enacting section 28 is to ..... or improper distribution of profits. - (1) if the income-tax officer, the appellate assistant commissioner or the appellate tribunal, in the course of any proceedings under this act, is satisfied that any person -......(c) has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income,he or it may direct that such person ..... to pay tax on correct basis.' the question is whether in these circumstances the provisions of section 18a (9) read with section 28(1)(c) of the act were attracted. their lordships of the supreme court in sree meenakshi mills case laid down that when the point for determination is a pure question of law such as .....
Tag this Judgment!Court : Rajasthan
Decided on : Feb-06-1973
Reported in : 1973(6)WLN83
..... (1). in the case on hand there is no question of good faith involved and the only point is whether an illegal levy purporting to be under an act is an act done under the act. in our opinion, it is not so.12. in municipal board, bhilwara v. bhuralal and anr. ilr (xiv) raj 847. i was observed that the expression ' ..... quite clear in our minds that their lordships have not laid down any where expressly or even by implication that any levy or tax recovered under the act would be an act done under the act. all that their lordships observed was that the test of good faith has not been introduced in sub-section (2) of section 40 which is only ..... public prosecutor, madras v. r. raju : 1972crilj1699 suggests that a case for refund of tax illegally recovered as in the present case would fall under section 40(2) of the act.11. we have carefully gone through the judgment of their lordships of the supreme court in public prosecutor, madras v. ayed ram : 1972crilj1699 . on the point which is under .....
Tag this Judgment!Court : Rajasthan
Decided on : Oct-11-1973
Reported in : 1973(6)WLN749
..... . taro was shock and haemorrhage as a result of sustaining injuries to the cranium.5. during investigation on the information furnished by mohan singh under section 27 of the evidence act, a kulhari was recovered by the investigating agency from the chhapar of mohan singh, but on examination by the chemical examiner it was not found stained with blood and, therefore .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-10-1973
Reported in : 1974MPLJ148; [1974]33STC456(MP)
..... found that although the m.p. koyala upkar (manyatakararn) adhiniyam, 1904, purported to declare the law validating a cess, section 51 of the c.p. local self-government act, 1920, was absolutely untouched and the same had not. been amended. in that view, their lordships declared section 3 of the m.p. koyala upkar (manyatakaran) adhiniyam ..... been initiated or an assessment had been made, for any period prior to such commencement, in respect of a dealer registered or licensed under any of the acts repealed by section 52, then notwithstanding any judgment, decree or order of any court, tribunal or any other competent authority, such proceeding or assessment shall be ..... had been decided by the supreme court in his favour, the legislature had no legislative competence to validate the provisions of the madhya pradesh general sales tax act, 1958, retrospectively so as to set at naught the supreme court decision. this question arose on the following facts. there were two periods of assessment, that .....
Tag this Judgment!Court : Orissa
Decided on : Feb-26-1973
Reported in : AIR1973Ori199; (1973)IILLJ528Ori
..... is concerned, the petitioner filed his representation challenging the supersession three years after. a suit for setting aside such a supersession would be barred under the limitation act. no explanation, much less satisfactory has been given as to why the petitioner did not make the representation with the utmost expedition. similarly, the representation against ..... on account of laches and delay may be summed up on an analysis of the principles enunciated in the aforesaid decisions as follows: (i) the limitation act has no application to writ petitions. where, however, a suit for identical relief would be barred by the law of limitation, the court would ordinarily refuse ..... defence must be tried upon principles substantially equitable. two circumstances, always important in such cases, are the length of the delay and the nature of the acts done during the interval, which might affect either party and cause a balance of justice or injustice in taking the one course or the other, so far .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Nov-05-1973
Reported in : [1974]33STC152(P& H)
..... have not been made under specified circumstances or under specified conditions. this brings us to the provisions of section 5(2)(a)(iv) of the state act which have already been reproduced. the sales excluded are those made under specified circumstances and specified conditions; the specified circumstances being that the sale must be ..... in the generation and distribution of energy constitute conditions or exceptions which are caught in the exclusion of the explanation to section 8(2a) of the central act. electrical undertakings require many different kinds of machinery and raw material. the intention, obviously, is that the goods of certain categories that are purchased by ..... schedule b of the state law subject to which exemption is available will disqualify these commodities for similar benefit under section 8(2a) of the central act. the mere exclusion of sales of electricity poles to electricity undertakings from this schedule, therefore, is no ground for assuming that they are not entitled .....
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