Court : Allahabad
Reported in : [1990]184ITR326(All)
..... 1982-83 a note was given as under : 'the system of purchases of cotton in the company underwent a change towards the close of 1980, sri anand prakash, director (finance), b. i. c. and sri d.n. dikshit, managing director, b. i. c., both directors on the board of elgin mills co. ltd. have expressed from ..... the income-tax officer has jurisdiction to reopen the assessment. this position was again reiterated by this court in malegaon electricity co. (p.) ltd. v. cit : [1970]78itr466(sc) .' 17. in this very decision, it has also been stressed that whether or not there has been non-disclosure of primary facts causing escapement of income ..... auditors, etc., in respect of cotton purchases made by the assessee-company. these details were obtained from the assessee-company under section 133(6) of the income-tax act. (sd.) v.k. singal9-9-1986inspecting assistant commissioner ofincome-tax (asstt.) range-ii, kanpur.' 12. the reasons recorded by the inspecting assistant commissioner having received the .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)199CTR(All)155; [2006]280ITR100(All)
..... .n. mukherjee v. union of india, : 1990crilj2148a ; (vii) swadeshi cotton mills company ltd. v. commissioner of income tax and anr., : [1988]171itr634(all) ; (viii) peerless general finance and investment co. ltd. and anr. v. deputy commissioner of income tax and ors., ( : [1999]236itr671(cal) (ix) u.p. state handloom corporation ltd. v. commissioner of income ..... he has relied upon the following decisions:-(i) state of orissa v. dr. (miss) binapani dei and ors., : (1967)iillj266sc ;(ii) a.k. kraipak v. union of india, : [1970]1scr457 ; (iii) chhugamal rajpal v. s.p. chaliha and ors., : [1971]79itr603(sc) ; (iv) the siemens engineering and . v. the union of india and anr., : air1976sc1785 ..... audited in the event of complexity of account. the power under section 142(2a) of the act can be invoked when the assessing authority finds that the accounts are complicated.14. in the case of peerless general finance and investment co. ltd. (supra) the calcutta high court has held as under:-'a bare .....
Tag this Judgment!Court : Allahabad
Reported in : (1988)68CTR(All)87; [1988]172ITR292(All); [1988]37TAXMAN1(All)
..... rules had undergone a change. after its amendment, a column was provided in which 'income arising to spouse/minor child or any other person as referred to in chapter v of the act' is required to be shown separately under that column. referring to this amended column of return, the supreme court observed (p. 630):' ......there is no longer ..... facts, after the receipt of the letter dated january 17, 1969, the bombay company addressed a letter to its assessing officer in its assessment proceedings for the assessment year 1970-71. this letter had required the assessing officer to reduce the capital loss already determined by him by an amount of rs. 6,22,542.54. by the same ..... date which fell outside the previous year relevant to the assessment year in dispute. he urged that the gift, if any, would fall for consideration in the assessment year 1970-71 and not in the assessment year 1969-70. a copy of the resolution exists in the paper book to which we were referred. it recites that the secretary .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]85ITR19(All)
..... is not for the court, we think, to supply the omission and complete it. it appears that the omission was noticed recently, and in the taxation laws (amendment) act, 1970, section 38 substitutes for the original section 221(1) a new sub-section clearly mentioning the income-tax officer as the authority empowered to impose penalty. section 38 provides :' ..... such tax has been referred to as 'advance tax' in chapter xvii. nevertheless, in substance, it is income-tax,8. the petitioner contends that section 221 does not cover a case where the assessee had defaulted in paying advance tax. ..... year, the tax on such income shall be payable by deduction at source or by advance payment, as the case may be, in accordance with the provisions of this chapter. (2) nothing in this section shall prejudice the charge of tax on such income under the provisions of sub-section (1) of section 4.' 7. for convenience .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]140STC205(All)
..... of the statutory forms. it is evident that these amendments were made after the matter was considered by the concerned authorities including the commissioner, trade tax, finance secretary, finance minister and the cabinet, and it is not that they were made without due application of mind.22. a supplementary rejoinder affidavit has also been filed ..... govind ram tansukh rai's case [1988] 71 stc 4 (app) ; 1985 uptc 1060 this court distinguished the decision in j.k. . v. sales tax officer [1970] 26 stc 310 [fb]. the latter decision considered sub-section (2) of section 3-aa which provided that unless the dealer proved otherwise, every sale by a dealer for ..... illj719sc the supreme court observed :'.............it is necessary to refer briefly to the history of the question of bonus, the background and the circumstances in which the act was passed. this is permissible for the limited purpose of appreciating the mischief parliament had in mind and the remedy which it wanted to provide for preventing .....
Tag this Judgment!Court : Allahabad
Reported in : [1988]115ITR473(All)
..... constitution, barred.14. learned counsel appearing for the petitioners, while disputing that the petitioners have an alternative remedy under the provisions contained in the i.t. act, refuted the submission, and urged that as the present petitions are directed towards enforcing rights conferred by part iii of the constitution (art. 31), existence ..... smt. bina tandon, smt. girja devi and smt. vina devi tandon represented their concealed income. accordingly, as provided in section 132a of the i.t. act, he authorised the iac to requisition the ornaments in the custody of the special police establishment. these ornaments were then produced before the ito, who ultimately ..... 27. the question as to when an act of a public authority can be dubbed as without authority of law and thereby affecting a fundamental right, came up for consideration before the supreme court in the case of coffee board, bangalore v. joint commercial tax officer : [1970]3scr147 . chief justice hidayatullah, speaking for .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]229ITR23(All)
..... (1) of section 35 which is applied solely to the purposes of that association.' 13. then with effect from april 1, 1984, the following proviso was added by the finance act, 1983: ' provided that nothing contained in this clause shall apply if for any period during the previous year - (i) any sums by way of contributions received by the ..... of leave, etc., to gazetted officers. such notifications do not make or amend any law. in our view, therefore, the ratio in the case of m.c. ponnoose : [1970]75itr174(sc) , could not be applied to the present notification and we are, therefore, with respect unable to hold that the impugned notification was, for that reason, invalid as ..... section 148. the learned single judge quashed the notice under section 148. placing reliance on a judgment of the supreme court in ito v. m.c. ponnoose : [1970]75itr174(sc) in which it was held that the state government could not issue a notification to invest the tahsildar with the powers of a tax recovery officer with .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]92ITR459(All)
..... classifying the tax into two categories. it is true that the 'firm tax' is levied under the finance act each year, but it is a part and parcel of the income-tax which is levied under the provisions of the income-tax ..... the income-tax appellate tribunal, bombay bench 'a', in p. co., bombay v. 8th income-tax officer, a-ward, section i, bombay, [1970] 29 tax. (6) 63 (bom.). in that case a distinction was sought to be made between a substantive tax which is to be paid ..... carried forward and set off against the profits of the year 1966-67. the income-tax officer by his order dated march 1, 1970, allowed the adjustment on account of the development rebate, but rejected the claim with regard to the losses on the ground that such ..... -tax and the quantum of income in the two assessments would be different. such a result is not contemplated under the income-tax act. 9. there is another reason why this argument of the learned counsel cannot be accepted. the carry-forward of unabsorbed depreciation and .....
Tag this Judgment!Court : Allahabad
Reported in : (1988)74CTR(All)41; [1989]175ITR494(All); [1989]43TAXMAN216(All)
..... and dearness allowance do not amount to an advantage. the allowances are surely in addition to pay and this is clearly borne out from the heading of chapter v, which runs thus : 'chapter v : additions to pay' in swamy's compilation of fundamental rules & supplementary rules, part i, general rules. since house rent allowance, city compensatory ..... allowance as income in the past and has made a provision for future exemption subject to the condition contained therein. in j.k. steel ltd. v. union of india, [1970] : 1978(2)elt355(sc) , the supreme court emphasised the importance of 'exemption' thus (headnote) :'in the case of fiscal statutes, it may not be inappropriate ..... accepted by the department and, therefore, the explanation was added to clause (14) of section 10 with retrospective effect from april 1962, i.e., when the act, 1961, came into force so that the exemption with regard to city compensatory allowance might not be allowed following the judgment of the bombay high court. clause (14 .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)556; [2004]267ITR461(All); (2004)2UPLBEC1833
..... is no merit in this petition. it may be mentioned that although earlier the expression 'local authority' was not defined in the it act, subsequently by finance act of 2002 it has been defined in the explanation to section 10(20) of the it act as follows:'explanation: for the purposes of this clause, the expression 'local authority' means.........(i) panchayat as referred to in ..... or management of a municipal or local fund; or(iv) cantonment board as defined in section 3 of the cantonments act, 1924 (2 of 1924);'7. sec. 10(29) on which also the petitioner relied has been abolished by the finance act, 2002.8. a bare perusal of the explanation of section 10(20) shows that now only four entities are local ..... narain v. state of up air 1964 sc 370, khyerbari tea co. ltd. v. state of assam air 1964 sc 925, t.g. venkatrama v. state of madras air 1970 sc 508, etc.23. the above decisions have been followed by the decision of this court in lattooji & sons v. state of up and ors. 2003 uptc 900.24. for .....
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