Court : Punjab and Haryana
Decided on : Mar-08-1989
Reported in : (1989)79CTR(P& H)109; [1989]180ITR211(P& H)
..... the calcutta high court in cit v. britannia industries co. ltd. : [1982]135itr35(cal) , in coming to the conclusion that in computing the disallowance under section 40a(5) of the act, the provisions of rule 3(c)(ii) of the income-tax rules should be invoked. today, a new judgment of the gujarat high court in cit v. ..... development rebate. this is another matter which will fall for consideration.6. yet another point that arises for determination is whether, for purposes of computing disallowance under section 40a(5) of the act, the provision of rule 3(c)(ii) of the income-tax rules can be invoked ?7. the order of the income-tax officer was upheld by ..... questions before us would be whether second hand machinery and plant, on renovation or reconditioning, can be considered new machinery and plant within the meaning of section 33(1)(a) of the act.4. the assessee had entered into a technical know-how collaboration agreement with porritts and spencer ltd., lancashire (u. k.), under which a sum of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-08-1989
Reported in : AIR1989P& H287
I.S. Tiwana, J. 1. A decree for Rs. 8,32,260.03 paise with costs has been passed by the Additional Senior Sub-Judge, Ludhiana, against the appellants by striking off their defence under Order 10, Rule 4(2), C.P.C. The respondent bank has further been made entitled to recover this amount with interest at the rate of 18% from the date of the suit, i.e., Mar. 14, 1980 to the date-of its realisation. The suit was tiled with the allegations that the bank provided the following credit facilities to the appellants : --(i) Pre-shipment advances; (ii) Packing credit (Shipping loan); (iii) Foreign Bills, Purchases, and (iv) Post-shipment loan;and the above noted amount was due to it on that account.2. In order to appreciate the respective contentions of the parties now it is just necessary to notice the interim orders that led to the striking off the defence of the appellants and the passing of, the decree in question. Their verbatim reproduction is as follows : --'(16-7-80) Present Counsel f...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-04-1989
Reported in : [1998]234ITR714(P& H)
..... short-term call deposits made by the assessee-co-operative society in a co-operative bank were 'investments' within the meaning of cl. (d) of s. 80p(2) of the act and qualified for deduction from the taxable income of the assessee-society. 5. we are inclined to take the same view as in the case of cit vs. haryana co ..... assessee, a co-operative society, earned certain income in the form of interest on certain deposits and investments and claimed exemption under cl. (d) of s. 80p(2) of the act. 3. interest or dividend, derived from investment with another co-operative society, is required to be deducted from the total income of the assessee-society. in other words, such income ..... n.k. agrawal, j.1. the following question has been referred by the tribunal under s. 256(1) of the it act, 1961 (for short 'the act') : asst. yr. 1981-82 : 'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the short-term deposits are 'investment' .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-03-1989
Reported in : (1989)96PLR177
..... from chuni lal was least affected. as has been held in kanaya ram v. rajender kumar, air 1985 sc 371, in thecontext of the provisions of the act, that under section 18 thereof the tenant had a more hope or expectation of, or liberty to apply for, acquiring a right and not a right; already acquired or accrued under ..... transfer resulting from inheritance, made after the 15th august, 1947, and before 2nd february, 1955, shall affect the rights of the tenant on such land under the act. conti-nuingly section 16 provides that save in the case of land acquired by the state government under 'any law for the time being in force, or by an heir by ..... to the right. on the other hand, smt. parmeshwari on march 13, 1969, filed an application for ejectment of bhagirath, respondent no. 4, under section 9(1) read with section 14 of the act, seeking ejectment of the tenant on the basis of being a small landowner. both these applications were clubbed together for disposal. it appears that simultaneously other .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-02-1989
Reported in : (1990)82CTR(P& H)144; [1989]179ITR280(P& H)
..... as a karta, were two separate known legal entities for the purpose of the income-tax law as also for the purpose of 'person' as defined in section 2(31) of the act. even in the definition of 'person', hindu undivided family is a distinct entity as compared to an individual. by the amendment and particularly in view of ..... kartas, on their deposits ?'2. section 40(b) of the act, as it stood in the assessment year, was interpreted by different high courts on similar facts and there were divergent opinions. by the insertion of the explanations ..... , has referred the following question for our opinion.'whether, on the facts and circumstances of the case, the tribunal erred in law in disallowing under section 40(b) of the income-tax act, 1961, interest aggregating to rs. 12,840 paid by the firm to the three individuals who were partners on behalf of their hindu undivided families as .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-01-1989
Reported in : [1989]178ITR637(P& H)
..... to the conclusion that all the documents obtained by the assessees constituted a 'book' and fell within the definition of 'plant' contained in section 43(3) of the act and since depreciation was allowable on all items contained in that section, the assessee was entitled to depreciation on the documents which constituted 'book'. there, the assessee himself had considered the expenditure for obtaining .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1989P& H332
ORDERA.L. Bahri, J. 1. Harkirat Singh, the petitioner in this petition filed under Arts. 226 and 227 of the Constitution, prays for a writ of certiorari for quashing order dated February 12, 1988, copy Annexure P. 3 attached with the writ petition. Vide this order, the petitioner was dropped from the University in accordance with Rule 7.64(b) of the Trimester Rules as he had failed to achieve the overall grade points average of 1.50 at the end of three trimesters.2. Harkirat Singh took admission to Four Years Bachelor of Veterinary Science and Animal Husbandry Degree Course of the Punjab Agricultural University, Ludhiana in the year 1986-87. He was registered for three trimesters meant for First Year Course and thereafter he was registered for the firsttrimester meant for the Second Year of 1987-88. Result Cards of Trimesters were produced as Annexures P. 1 and P. 2. The petitioner completed four trimesters when on February 12, 1988 order, copy Annexure P. 3, was served upon him. There...
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1989P& H316
..... and have also gone through the relevant evidence on record.7. the scope for interference by this court in the revisional jurisdiction is given under sub-section (8) of section 18-a of the act. it reads as under : --'(8) no appeal or second appeal shall lie against an order for the recovery of possession of any residential ..... premises were being used for both purposes i.e. business as well as residence the building will fall within the definition of residential building as defined in section 2(g) of the act which provides 'residential building' means any building which is not a non-residential building. 'non-residential building' means a building which is solely used ..... not all the tenants from all parts, of the building. for ejecting the other tenants he will have to seek his remedy under section 13 of the act, in accordance with law. since section 13-a, is a special remedy to recover immediate possession of residential building given to certain persons who are specified landlords, it is .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-28-1989
Reported in : AIR1990P& H82
..... defendants nos. 2 and 3. after the said transfer, the defendants nos. 2 and 3 filed a petition under s. 4 of the haryana urban (control of rent and eviction) act, against the plaintiff and the rent was fixed at rs. 80/-per month by the appellate authority vide its judgment dated 8-9-1987. the plaintiff then received a registered .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Feb-23-1989
Reported in : (1990)81CTR(P& H)338; [1989]178ITR585(P& H)
..... of factory building. it was held that the process undertaken in a cold storage fell within the definition of 'manufacturing process' in clause (k)(i) of section 2 of the factories act, 1948, inasmuch as it involved the production of cold air and, therefore, a cold storage building fell within the definition of 'factory building' and was ..... for use on the surface of the ground and, therefore, the firm purchasing a rig and compressor for digging borewells was entitled to investment allowance under section 32a of the act. relying upon this judgment, counsel for the assessee laid great stress upon the fact that water underground and water on the surface of the ground remained ..... in a cold storage, the production of cold air must also be treated as 'production' or 'manufacture' of an 'article' or 'thing' in terms of section 32a of the act.8. after giving our careful thought to the matter, we fully concur with the view expressed by the tribunal, namely :'... such a plant does fulfil the condition .....
Tag this Judgment!