Court : Allahabad
Reported in : (2005)193CTR(All)153; [2005]274ITR405(All)
..... entirely inapplicable. thus, the aforesaid decision is applicable with all force in respect of addition in the hands of the partner under section 69 of the act.16. in the case of jaiswal motor finance (supra), this court has held that if there are cash credit entries in the books of a firm, in which the accounts of the individual ..... submission he relied on the following decisions :1. girdhari lal nannelal v. cst : [1977]109itr726(sc) 2. sundar lal jain v. cit : [1979]117itr316(all) 3. cit v. jaiswal motor finance : [1983]141itr706(all) 4. addl. cit v. precision metal works : [1985]156itr693(delhi) 5. india rice mills v. cit : [1996]218itr508(all) 6. surendra mohan seth v. cit : ..... taxed. it has held as follows :'we are of the opinion that in view of the decision of the supreme court in jain brothers v. union of india : [1970]77itr107(sc) , it should be no more in doubt that the assessment of different persons in respect of the very same income will not absolve one from liability to be .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)193CTR(All)651; [2005]273ITR369(All)
..... furnished inaccurate particulars of such income for the purposes of clause (c) of this subsection.'.6. prior to the aforesaid amendment made by the finance act, 1964, the apex court in the cases of cit v. anwar ali : [1970]76itr696(sc) and cit v. khoday eswarsa & sons : [1972]83itr369(sc) , has held that the burden is on the department to ..... the mere fact that the applicant had filed a revised return declaring her income at rs. 15,000. since explanation to section 271(1) of the act as inserted by the finance act, 1964 was clearly attracted, the onus was on the applicant to prove that there was no fraud or any gross or wilful neglect on her part and ..... giving inaccurate particulars of the property and had concealed her income. it may be mentioned here that by section 40 of the finance act, 1964, the word 'deliberately' occurring in clause (c) of section 271(1) of the act has been omitted and the following explanation was inserted at the end of sub-section (1) :'explanation.-where the total .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]142TAXMAN701(All)
..... furnished inaccurate particulars of such income for the purposes of clause (c) of this sub-section.'prior to the aforesaid amendment made by the finance act, 1964, the apex court in the cases of cit v. anwar ali : [1970]76itr696(sc) and cit v. khoday eswarsa & sons : [1972]83itr369(sc) has held that the burden is on the department to ..... the mere fact that the applicant had filed a revised return declaring her income at rs. 15,000. since explanation to section 271(1) of the act as inserted by the finance act, 1964 was clearly attracted, the onus was on the applicant to prove that there was no fraud or any gross or wilful neglect on her part and ..... giving inaccurate particulars of the property and had concealed her income. it may be mentioned here that by section 40 of the finance act, 1964 the word 'deliberately' occurring in clause (c) of section 271(1) of the act has been omitted and the following explanation was inserted at the end of sub-section (1)'explanation.-where the total income .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)264; [2005]275ITR340(All)
..... for holding that the stored articles have undergone a 'process' within the meaning of section 2(7) of the finance act, 1973, and therefore, running of a cold storage was not an industrial company.'8. section 80hh of the act provides deduction in respect of profit and gains from industrial undertaking or hotel business established in backward area. for ..... identical facts. the bench followed the earlier decisions of the supreme court in cit v. d.c. shah : [1969]73itr692(sc) and prem nath and ors. v. cit : [1970]78itr319(sc) and distinguished the later decision of the supreme court in cit v. r.m. chidambaram pillai, : [1977]10itr292(sc) . the division bench decision is binding upon us ..... is himself a member, nor can he be employed by his firm, for, a man cannot be his own employer. the provisions in chapter iii in this view of the matter, of the partnership act, amply define and delineate the duties, obligations and rights of the partners vis-a-vis the firm.' in the case of suwalal anandilal .....
Tag this Judgment!Court : Allahabad
Reported in : (2002)74TTJ(All)67
..... may be kept in file.submitted please.sd/-acc(t)sd/-income tax officer26-2-199915-3-1999sri j.j. mehrotra, authorised representative and shri r.k. singh, controller finance, attend. filed written submissions. discussed.22-3-1999order under section 263 passed.sd/-'6. we have considered the rival submissions, facts and circumstances of the case, documents furnished ..... rate of tax applicable to such a company. the company applied to the income tax officer to rectify the order under section 154 of the income tax act, 1961 (the act), by recomputing the tax on the basis that the company was one in which the public were substantially interested. the company also preferred an appeal to the ..... judgment. in the aforesaid view of the matter, on the basis of the principles enunciated by the supreme court in the case of sirpur paper mills ltd. v. cwt (1970) 77 itr 6 (sc), this notice cannot also be sustained. the notice, therefore, issued on the 24-3-1972, is hereby quashed and set aside. the respondent .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All248; [1967]65ITR386(All)
..... the impugned order itself has not been assailed.8. the learned advocate general appearing for the petitioner has stressed that section 23-a after its amendment by the finance act 1955, was a charging section and an order passed thereunder was an order of assessment to which section 34 (3) was attracted section 34 (3) provides ..... adjudge the nature and character of these two provisions. both these sections are in chapter iv which is headed as 'deductions and assess merits'. this chapter consists of sections 18 to 39. the expression 'assessment' has been used in various sections of the act. it is settled that the expression 'assessment' has been used in the income ..... -tax act to convey different con notations. in commr. of income-tax v. khemchand ramdas. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)205
..... 1998, inserted section 260a in the it act providing appeal to high court and making the reference provision obliterate in respect of the orders passed after 1st oct., 1998. ..... agarwal, j), has referred in its judgment, the following cases--chandrama singh v. managing director, up co-operative union (1991) 2 uplbec 898, l hirday narain v. ito : [1970]78itr26(sc) , dr bed krishna agarwal v. state of up (1995) all lj 454, ambika singh v. state sugar corpn ltd (1990) 1 uplbec 699, whirlpool corpn 's case ..... about the maintainability of a reference under section 256 of the it act against the order relating to rectification application. it may be stated here that order passed prior to 1st oct., 1998, by the tribunal could be challenged by way of reference under section 256 before the high court. finance act no. 2 of 1998, w.e.f, 1st oct., .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)63CTR(All)347; [1987]166ITR558(All); [1987]31TAXMAN420(All)
..... a circular bearing no. 451 (f. no. 225/86/85-it(a-ii), dated february 17, 1986-- [1986] 158 itr 135), issued by the ministry of finance regarding declaration of higher income or wealth. the petitioner has annexed (vide annexure 1 to the writ petition) a copy of certain circulars and clarifications issued by the central ..... not exceed one and a half times the amount by which the tax actually paid during the financial year immediately preceding the assessment year under the provisions of chapter xvii-c falls short of 75% of the assessed tax as defined in subsection (5) of section 215, or the amount which would have been payable by ..... 'lenient' means 'of mild and tolerant disposition or effect'. in webster's dictionary of english language in deluxe encyclopaedia edition, the word 'lenient' is defined as 'mild acting without rigour or severity'. reading the expressions 'lenient' and 'not entirely voluntary' together, the intention seems to be that only a liberal view in such cases should be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All376; [1965]57ITR372(All)
..... already been dissolved. see jagat beharl tandon v. sales tax officer . it is probable that in order to meet this difficulty section 44 was amended by the finance act of 1958 so that its provisions applied to the assessment of a dissolved firm, whether the business had been discontinued or not, and it may be possible to ..... provision in section 26(2). section 41 not only imposes liability upon a firm where its business has been discontinued but also declares that all the provisions of chapter iv shall, so far as may be, apply to any such assessment.' ch. iv contains provisions setting out the procedure for assessment, and these provisions have ..... , special circle e. p. t. circle coimbatore : [1961]41itr1(sc) where assessment proceedings were taken against a firm after its dissolution under the excess profits tax act. in our opinion, this case is of no assistance, because the decision turned upon the consideration that the appellant had himself asserted that the firm bad not been dissolved .....
Tag this Judgment!Court : Allahabad
Reported in : (1992)101CTR(All)66; [1991]192ITR116(All); [1991]59TAXMAN420(All)
..... the deputy commissioner of income-tax (appropriate authority), income-tax department, lucknow, and also further commanding the respondents to issue a 'no-objection certificate' under chapter xx-c of the income-tax act, the petitioner, who is the owner of certain property at kanpur, entered into an agreement of sale with one mohammed ibrahim on september 20, 1988, ..... be evident from a copy of the letter dated july 21, 1986, from the income-tax officer, circle-ii(a), kanpur, to the a. d. m. (finance and revenue) collectorate, kanpur. a copy of the said letter was enclosed to the said application which stated that the entire excess profits tax arrears have been satisfied and ..... office of the appropriate authority has been filed. it is stated that, for any action to be taken or any order to be passed under chapter xx-c of the income-tax act, the first requirement is that the property in question should be transferable. in this case, the property, being under attachment, is not transferable. if .....
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