Court : Allahabad
Reported in : (1983)35CTR(All)76; [1984]148ITR461(All)
..... for collection and recovery of the tax, once the legislature has, in clear terms, indicated that the income of the firm can be taxed in accordance with the finance act of 1956, as also the income in the hands of the partners, the distinction between a charging and a machinery section is of no consequence. both the sections ..... ' person '. an analysis of section 4 indicates that, (i) income-tax is to be charged at the rate or rates fixed for the year by the annual finance act; (ii) the charge is on every person, including the assessable entities enumerated in section 2(31)(iii) the income taxed is that of the previous year and not ..... discrimination between several assessable entities coming within the mischief of article 14 of the constitution.10. the decision of the supreme court in jain brothers v. union of india : [1970]77itr107(sc) , provides a complete answer to the argument raised by the petitioner. dealing with the question of double taxation, the supreme court observed (p. 112) ;' it .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)10CTR(All)307; [1981]127ITR837(All)
..... that he concealed the income or furnished inaccurate particulars thereof is bound to be drawn.20. section 274 provides that no order imposing penalty shall be made under this chapter unless the assessee has been heard or has been given a reasonable opportunity of being heard. there is no provision for drawing up a charge sheet. the assessing authorities ..... substantive provision of clause (c) of section 271(1), the tribunal held that, in the circumstances, the ratio of the supreme court decision in cit v. anwar ali : [1970]76itr696(sc) is applicable, and applying the tests laid down in that case, it was apparent that the assessee could not be held guilty of concealing any income.7. in ..... of the exact charge against him. the assessee had never been intimated that he was being charged under the explanation to section 271(1)(c) of the i.t. act, 1961. the revenue was hence not entitled to levy penalty after taking the aid of the explanation. on the view that the assessee could only be charged for .....
Tag this Judgment!Court : Allahabad
Reported in : [1980]123ITR712(All)
..... of which it is to be paid shall be deemed to have become due fifteen days after the expiry of the said six months.' 14. by the finance act, 1969, with effect from 1st of april, 1970, the words ' in any of the first throe instalments ' in clause (a) were substituted by the words ' in either of the first two instalments ', ..... 5. for the assessment years 1969-70 and 1970-71, by notice under section 210/156 of the act the assessee was required to pay rs. 15,69,678 for each of these two years, again payable in four instalments, though in view of the amendment made in section 211 of the act by the finance act, 1969, with effect from 1st of april ..... before us at the bar it would be useful to refer to the relevant provisions with a view to analyse the scheme thereof. chapter xvii of the act provides for calculation and recovery of tax. part a of this chapter, which contains sections 190 and 191 makes some general provisions in respect of deduction at source, the advancepayment and direct payment. .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)9CTR(All)160; [1980]122ITR913(All)
..... and gains of business attributable to any one or more of such activities.' 4. this section was inserted in place of section 81, which was deleted by the finance (no. 2) act of 1967, with effect from the 1st april 1968. the deleted section 81(i)(a) was the same as the present section 80p(2)(a)(i). in the ..... of the members of the assessee-federation and the pumping sets have been supplied by m/s. southern engg. works under an agreement with the federation dated march 5, 1970. the pumping sets have been supplied against 75% loan granted by the banking institution to the growers. the applications were processed by the federation and the federation stood ..... the service charges were paid for service rendered to the cane-growers. that is actually so, as may be gathered from clause 13 of the agreement dated march 15, 1970, which reads :'in consideration of the services rendered by the federation for providing facilities to the farmers for the purchase of vargin engine pump-sets, m/s. southern engg .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]277ITR88(All)
..... partnership.. the terms and conditions of the lease agreement with m/s. sant talkies with respect to the sant talkies were as follows:- i) 'tenancy to commence from 1.2.1970. ii) rent of rs. 49000/- per month payable for the user of the building. iii) all repairs to be undertaken by the 'tenant'. iv) monthly rent of rs. 4,000 ..... appellate tribunal at the instance of the commissioner of income tax, agra has referred the following question of law under section 256(1) of the income tax act 1961 (hereinafter referred to as the act) for opinion to this court:- ' whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income from letting .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)202CTR(All)145; [2007]289ITR218(All)
..... or an academic subject. 11. section 10 sets down various items of income which are outside the purview of total taxable total income. section 10 of the act is in chapter iii of the act, the heading whereof is ' incomes which do not form part of total income'. the heading of section 10 is quite clear and does not admit any ..... to be exempt under section 10(16) of the act.8. we have given careful consideration to the respective submissions of the learned counsel for the parties. the meaning of word 'scholarship' as per webester's third new ..... that there is no dispute that the amount was paid as scholarship to the assessee's son by the company. the payment was made gratis. section 10 of the act grants exemption to certain incomes. elaborating the argument it was submitted that even assuming for the sake of argument that the amount of scholarship was perquisite, it is liable .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)598; [2006]280ITR465(All)
..... from the object and reaches to the eyes of the person. taking into account the pious aim and object of the introduction of section 80u in the act by the finance act, 1968, we are of the opinion that total blindness under section 80u means an individual who is unable to perceive the light the total blindness does ..... have considered the respective submissions of the learned counsel for the parties. we find that section 80u was introduced in the statute book for the first time by the finance act, 1968. the original section 80u reads as follows.' 80-u - deduction in the case of blind persons- in computing the total income of an individual, being ..... under this section, a certificate as to his total blindness from a registered medical practitioner, being an oculist'7. it was amended subsequently by the taxation laws (amendment) act 1970. by this amendment the requirement that to claim deduction under section 80u remained the same. the original section 80u was sub- divided in sub section (1) and ( .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)182CTR(All)481; [2002]258ITR594(All)
..... liable to exemption.4. sri prakash krishna, learned standing counsel for the revenue, submitted as follows :section 14(3) was inserted in the indian income-tax act, 1922, by the finance act, 1955, providing that tax shall not be payable by a co-operative society including such a co-operative society carrying on the business of banking in respect ..... effect that the burden lay upon the assessee to prove for granting deduction that the income falls within the four corners of the provision granting deduction under chapter vi-a of the income-tax act containing section 80p.(iv) cit v. cellulose products of india ltd. : [1991]192itr155(sc) , wherein it was held that only where there is ..... for this purpose to its members.'13. having given our most anxious thought to the aforementioned main object enumerated as above as also other six main objects and chapter xiii which contains the heading 'loan' which is pages at 33 to 36 of the booklet it is clear to us that the assessee-co-operative society would .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]106ITR559(All)
..... of the division bench in i.t.r. no. 461 of 1964 [seth banarsi das gupta v. commissioner of income-tax : [1971]81itr170(all) ] decided on 3rd september, 1970, relating to the preceding assessment year. for the reasons stated in that judgment we hold that the interest was an allowable deduction, we, accordingly, answer question no. 6 in the ..... suffered by the assessee in its manufacturing business in the preceding year could be set off against its income from lease money under section 24(2) of the income-tax act. the bombay high court, following the decision of the supreme court in the case of shri lakshmi silk mills ltd. : [1951]20itr451(sc) held that the lease ..... of the company brought a suit against him alleging that he had agreed to take over the management of the mills and to finance it but in breach of this agreement had failed to furnish the necessary finance with the result that the company suffered heavy losses. the suit was ultimately dismissed and the assessee claimed that a sum of .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)201CTR(All)335
..... in this act'' in section 240, therefore, contemplates a situation that there may be cases where the assessing ..... was framed under section 143(3) of the act as at that time there was no provision i for making block assessment which came into force w.e.f. 1st july, 1995 through which chapter xiv-b special procedure for assessment of search cases was inserted by the finance act, 1995. the phrase 'existed as otherwise provided ..... order. at this stage, the learned standing counsel has placed reliance upon section 240 of the act and submitted that in view of words 'except as otherwise provided in this act' disentitles the petitioner to claim interest under chapter xix which deals with 'refunds'. elaborating the argument it was submitted that the provisions relating to .....
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