Court : Allahabad
Decided on : May-17-2007
Reported in : [2008]296ITR616(All)
..... by the assessee it would not fall under the aforesaid clause. similar provision existed under section 40a(5)(a)(ii) and section 40(a)(v) inserted by the finance (no. 2) act, 1971, and finance act, 1968, with effect from april 1, 1969, respectively. the apex court in the case of cit v. mafatlal gangabhai and co. p. ltd. : [1996]219itr644(sc) ..... amount in question in the hands of the assessee by treating the same as a perquisite in terms of provisions of section 17(2)(iii)(a) of the income-tax act, 1961, also confirmed during first appeal.5. the tribunal, however, on an appeal by the assessee took the view that the receipt towards the reimbursement of medical ..... of medical expenses to an employee being the director of the company, is not 'perquisite' within the meaning of section 17(2)(iii)(a) of the income-tax act, 1961?2. the present reference relates to the assessment year 1990-91.briefly stated the facts giving rise to the present reference are as follows:the assessee an individual .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-2007
Reported in : (2008)15VST476(All)
..... tax and penalties.-(2). subject to the other provisions of this act and the rules made there under, the authorities for the time being empowered to ..... amount by way of tax under this act, and no registered dealer shall make any such collection except in accordance with this act and the rules made there under.8. section 9(2) and (2-a) of the central act prior to finance act, 2000 and after the finance act, 2000 reads as follows:prior to finance act, 2000.9. levy and collection of ..... assessment, reassessment, collection or enforcement of payment as if the tax under this act were a tax under such sales tax law.after the finance act, 2000.9. levy and collection of tax and penalties._(2). subject to the other provisions of this act and the rules made there under, the authorities for the time being empowered to .....
Tag this Judgment!Court : Allahabad
Decided on : May-14-2007
Reported in : (2007)213CTR(All)77
..... could arise in the previous year when compensation or part thereof or such consideration or part thereof was first received. even though sub-section (5) was inserted by the finance act, 1987 w.e.f. 1st april, 1988, we are of the considered opinion that this provision is only clarificatory in nature and has to be given retrospective effect for ..... v. podai cement (p) ltd. (1997) 141 ctr 67 (sc) : air 1997 sc 2523 while interpreting the provisions under section 22 of the act has held that amendment introduced to section 27 of the act by the finance act, 1987 by substituting els. (iii), (iiia) and (iiib) in place of old clause (iii) w.e.f. 1st april, 1988 was intended ..... to the various pleas raised by the learned counsel for the parties, we find that section 45 of the act deals with various situations when capital gains can be said to have arisen. sub-s. (5), which was inserted by finance act, 1987 w.e.f. 1st april, 1988 provides that the capital gains in case of compulsory acquisition under .....
Tag this Judgment!Court : Allahabad
Decided on : Jan-12-2007
Reported in : [2007]291ITR473(All)
..... the facts and circumstances of the case, the income-tax appellate tribunal was legally justified in holding that the first proviso to section 43b, inserted by the finance act, 1987, with effect from april 1, 1988, was retrospective in operation being clarificatory in nature, and thereby directing to restrict the disallowance under section 43b, ..... in the assessment for the assessment year under consideration. in appeal, besides confirming the disallowance of rs. 26,447 in view of explanation 2 inserted by the finance act, 1989, with retrospective effect from april 1, 1984, the learned commissioner of income-tax (appeals) enhanced the assessed income by rs. 1,75,353 because ..... to ascertain whether the balance amount had been paid within the statutory time allowed under the first proviso to section 43b of the income-tax act which, though inserted by the finance act, 1987, with effect from april 1, 1988, was held to be retrospective in operation, being explanatory in nature, and to delete the .....
Tag this Judgment!Court : Allahabad
Decided on : Jun-11-2007
Reported in : 2007(4)AWC3181
..... the university starts and ends on proper dates. he shall also be an ex officio member and chairman of the executive council, academic council and the finance committee.8.section 8 of the act deals with visitation and the relevant provisions are as follows:visitation.- (1) the state government shall have the right to cause an inspection to be ..... the power of the state government to cause an enquiry to be conducted against the university in respect of matters connected with the administration and finances of the university, section 12(12) of the act specifically deals with the power of the chancellor to remove the vice-chancellor of the university. in the present case, what initially originated ..... ignored and an order to the prejudice of a person is made, the order is a nullity.44. in dr. bool chand v. the chancellor kurukshetra university : (1968)iillj135sc , the hon'ble supreme court examined a similar case wherein there was no procedure prescribed for removal of the vice chancellor under the .....
Tag this Judgment!Court : Allahabad
Decided on : Oct-24-2007
Reported in : [2010]187TAXMAN220(All)
..... hira mills v. ito : [1946] 14 itr 417 (all.).38. lottery income was not initially included in the definition of income under the act. as a result of insertion of section 2(24)(ix) by the finance act, 1972, with effect from 1-4-1972, income from lottery has been included in the definition of income.39. in cit v. chaman lal ..... character as receipts of a casual and non-recurring nature. although reference was made to section 10(3) of the act, still the tribunal did not understand its true import. section 10(3) of the act was also amended by the finance act of 1972 and earlier to the amendment the income from lotteries even if derived in india, was being considered as ..... /ward 4/all./89-90. in further appeal, the tribunal has held that the provisions of the income-tax act were not applicable to the income earned at sikkim. a notification in this regard was issued by the ministry of finance, department of revenue, new delhi on 7-11-1988 providing for application of provision of chapter xvii of the .....
Tag this Judgment!Court : Allahabad
Decided on : Sep-20-2007
Reported in : [2008]298ITR94(All)
..... that case, the question whether certain expenditure incurred by the assessee on knives and loses in the material period qualified for capital allowance under section 16(3) of the finance act, 1954. on the facts it was found that the knives are not parts of the machine. each knife is a separate tool or implement designed to be used ..... replaced the television set is not replaced, therefore, such repairs alone can come within the connotation of the words 'current repairs' in section 31(i) of the said act as it stood at the material time. they are effected to preserve and maintain the asset, viz., air-conditioner or carding machine....the basic test to find out ..... expenditure.7. the cit v. saravana spinning mills p. ltd. : [2007]293itr201(sc) , while interpreting the words 'current repairs' in section 31 of the income-tax act, it has been held as follows (page 208):.if an autoleveler is to be repaired then that repair would come within the connotation of the words 'current repairs' because it .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-16-2007
Reported in : [2009]317ITR449(All)
..... case of allied motors (p.) ltd. v. cit : [1997]224itr677(sc) , wherein the amendments made in section 43b i.e., the proviso added by the finance act, 1987 with effect from 1-4-1988 has been held to be retrospective being clarificatory in nature, the question has to be answered in favour of the assessee.so far ..... (patna) and hon'ble orissa high court in the cast of cit v. pyarilal kasam manji & co. : [1992]198itr110(orissa) have held that amendment introduced by finance act, 1987 to section 43b was merely of clarificatory nature and applicable with retrospective effect with effect from 1-4-1984.the learned commissioner (appeals) had followed the view expressed by ..... charges rs. 92,442(c) electricity charges rs. 10,862the assessing officer disallowed and added back above amounts by invoking provision of section 43b of the income tax act. on further appeal, the commissioner (appeals) deleted the disallowance with the reasoning given in para 19 of his order which is reproduced in the order of the .....
Tag this Judgment!Court : Allahabad
Decided on : Apr-04-2007
Reported in : 2007(4)AWC3618
..... teachers. principal and the management to sort out the problems, to ventilate grievance raised by the students or their guardians. under u. p. intermediate education act in chapter v rules have been framed namely 'abhivavak adhyapak association viniyamavali, 1986' (in short hereinafter referred as regulation) but said regulation is applicable only ..... which may affect the fundamental right of the citizens or students is not permissible and forbidden by our constitutional scheme. society established under societies registration act for charitable purpose like establishment of educational institution have no right to indulge into commercial activities or profit making process.41. swift change of ..... deposits of the amounts with the authorities and release of the balance of the amounts to the writ petitioner, appointment of an advocate commissioner to act as a 'conduit' between the state and the writ petitioner and appointing a 'commission' comprising of two advocates to look into and decide the .....
Tag this Judgment!Court : Allahabad
Decided on : May-15-2007
Reported in : [2008]300ITR137(All)
..... the commissioner of income-tax, the commission and subsidy was allowable only under section 35c and not under section 37 of the act since the finance act, 1984, by amendment of section 35c, had discontinued the tax concession in respect of the expenditure incurred after february 29, ..... assistant commissioner (assessment) without making proper enquiries. in order to rectify these mistakes, he initiated proceedings under section 263 of the act and eventually cancelled the assessments made by the inspecting assistant commissioner (assessment) and directed him to make fresh assessments, after giving ..... government of uttar pradesh. the assessee paid the following sums and claimed them as deductions under section 37(1) of the act in computing its income for the two assessment years:------------------------------------------------------------------------------1985-86 1986-87rs. rs.-------------------- ----------------------------------------------------------society commission 11,44,636 10,18 .....
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