Court : Delhi
Decided on : Sep-14-1984
Reported in : (1985)46CTR(Del)23; ILR1985Delhi77; [1985]156ITR796(Delhi)
..... assessment cannot be made within six months from the date of receipt of the return. power to make a provisional assessment was introduced by the finance act, 1968, and was clarified in the debate in the finance bill, 1968, but possibly there was some ambiguity. amendment was made by adding the proviso to clear that ambiguity. it was with a view to ..... some other relevant statutory provisions. the government has a definite desire to secure the tax at the earliest possible stage. this is reflected in the provisions contained in chapter xvii in sections 192 to 195 which deal with deduction of tax at source and sections 207 to 212 which provide for advance payment of tax. section 141 of ..... the taxpayer on the basis of his return of income., in a case where the tax deducted at source under the provisions of chapter xvii-b and the advance tax paid under the provisions of chapter xvii-c during a financial year exceeded the amount of tax due on the total income of the taxpayer for the next following .....
Tag this Judgment!Court : Delhi
Decided on : Dec-20-1984
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... outside the territorial jurisdiction of thiscourt.(54) by section 50 read with fifth schedule of finance act (no. 2) of 1980, chapter 15 has been substituted in customs act, 1962. it came into force with effect from 11-10-1982.section 129 of customs act has constituted on appellate tribunal to be called the customs excise and gold (appellatetribunal). ..... of the law relating to the interpretation of statute cited above'. the collector then relied upon the indian standard specification for coconutoil. 11th revision, i.s. 454-1968 and re-affirmed in 1976. the others collector further went on to say, that i.s. specification was laid down by the oil & oil seeds sessional ..... of fact in one year would be 'good and cogent evidence of the nature of the transaction' in subsequent years(dalhousie investment trust co. v. commissioner of income tax. 1968 68 itr 487. in investment ltd. v. commissioner of income tax. : [1970]77itr533(sc) .the respondent has, however, relied upon abdul gafoor's case1961 a .....
Tag this Judgment!Court : Delhi
Decided on : May-14-1984
Reported in : ILR1984Delhi189; [1984]149ITR457(Delhi)
..... ,319 and rs. 41,197, towards the medical expenses reimbursed to its managing director. it may be noted that s. 40(c)(iii) was omitted by the finance act of 1965 with effect from april 1, 1969, but its provisions were re-enacted with certain modifications under clause (a)(v) of s. 40 which were inserted ..... revenue went in appeal before the tribunal and the assessed-company also filed cross-objections. the tribunal held, relying on its earlier decision for the assessment year 1968-69, that the assessed-company was justified in reimbursing the medical expenses to the managing director. this position is not in dispute in the reference brought before ..... directors of the assessed-company decided to reimburse such medical expenses of the managing director as may be incurred by him. for the assessment year 1968-69 (year ending on march 31, 1968), the assessed-company reimbursed medical expenses of rs. 33,941, which comprised payments to the nursing home, doctors, nurses and purchase of medicines. .....
Tag this Judgment!Court : Delhi
Decided on : Aug-14-1984
Reported in : 1985(1)SLJ411(Delhi)
..... the office of the prime minister, addressed to the workman acknowledging the receipt of the letter of 24-6-1974 and had been forwarded to the ministry of finance. it will thus be seen that there was number of representations made by the workman demanding that a reference be made to the tribunal. it is quite evident ..... law' (4th edition). the failure to explain the decision when challenged is itself arbitrary and unreasonable. as observed in 'padfield v. minister of agriculture, fisheries and food' : 1968 a. c. 997(35), at page 1061:mylords, i would only add this : that without throwing any doubt upon what are well known as the club expulsion cases where ..... management were as follows:1.as the government had communicated its decision dated 1st august, 1972 not to make the reference under section 10(1) of the act it acted in breach of the principles of natural justice to refer the matter for adjudication as per its order dated 16th august, 1974 without first having given any opportunity .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-09-1984
Reported in : (1985)12ITD21(Delhi)
..... in place of section 85a which was deleted, by the finance (no. 2) act, 1967, with effect from 1-4-1968 ..... of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.note : this topic was originally dealt with by section 85a which was inserted by the finance act, 1965, with effect from 1-4-1965. section 80m was inserted ..... effect of sub-section (2) of section 80m, read with section 80k of the act, and another section having a bearing on this, section 80aa of the act, which was inserted by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968. to appreciate the controversy before us, section 80aa also needs to be reproduced which is .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Feb-17-1984
Reported in : (1984)(16)ELT126TriDel
..... the appeal as required by section 35f of the central excises and salt act 1944 (as amended by finance act no. 2 being act no. 44 of 1980) hereinafter referred to as the act. the amendment inserted a new chapter via containing a series of sections 35, 35a to 35p and 36 in the act in substitution of the previous sections 35, 35a and 36 of the ..... to the present issue, namely those in the case of hoosein kasam dada ; in the case of collector of customs and excise, cochin and ors. v. a.s. bava (air 1968 sc 13), referred to for convenience henceforth as "the a.s. bava case" ; and in the case of garikapati veeraya v. n. subbiah choudhry and ors. (air 1957 sc 540 ..... because they evinced a different intention contrary to section 6 of the general clauses act. this has also been held by the supreme court in several decision such as indra sohanlal v. custodian of e. property air 1966 s.c. 77, kalavati devi v. c.i.t. air 1968 s.c. 162,'bishambar nathv.state of u.p. air 1966 s.c .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Aug-17-1984
Reported in : (1985)LC192Tri(Delhi)
..... the case. his argument thus in short is that the time-limit provided for an appeal under sub-section (3) of section 129a of the customs act, 1962 as substituted by finance act, 1980 should be retrospectively applied to the present show cause notice. in support of his argument, sh. m.a. rangaswamy, learned advocate relied on amin ..... on 5-4-1980 accepted the appellants plea and partly allowed the respondents, appeals. government of india, ministry of finance, department of revenue purporting to act under section 131(3) of the customs act, 1962 (hereinafter the act) issued notices dated 13-8-1981 to the present respondents and also to m/s.thomson press calling upon them ..... plea that the show cause notice was time-barred. the argument is that section 131 of the customs act, 1962 no more exist in the statute book, as a completely new chapter has been substituted in place of the old chapter. the present proceedings are an appeal before the tribunal and the time limit provided for an appeal .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Apr-18-1984
Reported in : (1985)LC167Tri(Delhi)
..... persons were called upon to show cause as to why the gold recovered from bhagirath be not confiscated under the provisions of section 71 of the gold (control) act, 1968 (hereinafter called the act, adding that bhagirath, khetu ram, sat narain, laxmi narain, goverdhan and hari ram had contravened the provisions of section 8(1) of the ..... such category. in the result, the absolute prohibition created by section 8 gets diluted or relaxed in terms of the provisions contained in other portions of the act; they being chapter viii in the case of goldsmiths. the only effect of section 42 would thus be to entitle them to keep in possession primary gold up to the limit ..... is that notice to show cause having been given with reference to the provisions of section 8 of the act, which they urge, applies in terms to persons other than certified goldsmiths, they would be governed by the provisions of chapter viii, starting from section 39 onwards, and that any action against them by invoking section 42 of the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Decided on : Nov-30-1984
Reported in : (1985)12ITD65(Delhi)
..... import entitlements at market value as stock-in-trade was, therefore, irrelevant. there were no doubt decisions in which the term 'derived' occurring in the annual finance acts has been interpreted in the context of allowing rebate thereunder on export profits, but the revenue's case was not based on any contention that the sale proceeds ..... learned judicial member. firstly, what was being interpreted by the gujarat high court was the term 'derived from the exports of any goods' appearing in the finance acts.the question of taxability of the sale consideration for import entitlements under section 28(i) was not before the court at all.secondly, even within the narrow ..... government would grind to a halt if there were not built into our constitution an adequate system of executive legislation.union of india v. anglo afghan agencies air 1968 sc 718. these orders are statutory instruments and can be amended from time to time. the power to make such statutory instruments or rules, regulations or .....
Tag this Judgment!Court : Delhi
Decided on : Oct-01-1984
Reported in : [1986]59CompCas235(Delhi); 1985(1)Crimes1094; [1986]157ITR385(Delhi)
..... cause or excuse, fails to deduct or after deducting, fails to pay the tax as required by or under the provisions of subsection (9) of section 80e or chapter xvii-b, he shall be punishable : (i) in a case where the amount of tax which he has failed to deduct or may exceeds one hundred thousand rupees ..... source. it is' urged that these decisions, which have admittedly become final between the revenues and these individual shareholders, were binding decisions of the authorities under the act, which are clearly contrary to the basis, on which the complaints have been filed against the petitioners'. it was further urged that the company, and its principal ..... of the code, by p.n.b. finance & industries ltd, for short, the company, its chairman, director, and secretary, 'to quash 220 complaints against them by the income-tax officer, company circle, respondent herein, for an offence under section 276b of the income-tax act 1961, for short, the act, and the orders summoning the petitioners in the .....
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