Court : Allahabad
Reported in : (2004)186CTR(All)541; [2004]267ITR370(All)
..... , whether the assessee was anindustrial company under section 7 of the finance act, 1979, the finding of thetribunal is recorded in para 14 of the tribunal's order. ..... (ii) whether, on the facts and circumstances of the case, the assessee is an 'industrial company' under section 2(7) of the finance act, 1979 ?'2. ..... 131 to 137, 'law of income-tax' by acharya shuklendra, second edn. pp. ..... this is an it reference under section 256(1) of the it act in which the following questions have been referred to us for our opinion :'(i) whether, on the facts and in the circumstances of the case, the tribunal was right in holding that a sum of rs. ..... in kanga and palkhivala's 'the law and practice of income-tax', eighth edn. pp. ..... harish on income-tax vol.-i, pp. ..... the question whether an amount paid is application of income or diversion by an overriding title is a vexed question in income-tax law. ..... in our opinion, the assessee's unit is involved in the activity of processing of x-ray films and hence, it was entitled to the concessional rate of tax. ..... : [1973]88itr1(sc) the facts were that a company was formed to take over the assets of manufacturing concern from the government, and a percentage of the annual profit was to be paid to the government subject to maximum of rs. .....
Tag this Judgment!Court : Allahabad
Reported in : (2007)5VST197(All)
..... . it is not disputed that if petroleum coke is covered by clause (i) of section 14 which reads 'coal including coke in all its forms' the state was not competent to levy tax at a rate exceeding the one given in section 15(a) of the central act before the high court it was common ground that petroleum coke is used mainly in industries dealing with the manufacture of carbon products and it differs in material constituents, quality, utility and composition from the ..... . simple criterion to find as to whether the term 'coal' include 'coke' or not, in the facts and circumstances of the instant case, particularly trade tax act and entry of goods act, one has to take recourse to the thumb rule of principle of interpretation, namely, whether two terms are used generally for one and same or different goods ..... . learned single judge of madras high court considered the expression 'coal, including coke in all its forms' used in madras general sales tax act and held that it does not include 'cinder' which is the residue or ash left when 'coal' or 'coke' is burnt and removed of its ..... the parties and perused the record.petitioner has prayed for following reliefs:prayerit is, therefore, most respectfully prayed that this hon'ble court may graciously be pleased to: (i) issue a suitable writ, order or direction in the nature of certiorari quashing the notice no. 728 dated 26-09-2005 (contained as annexure no 2 to this writ petition) issued by respondent no. 2 ..... . 6 (1973 edition page 35) .....
Tag this Judgment!Court : Allahabad
Reported in : 1977(1)ELT1(All)
..... certain terms and conditions, it would not follow from that alone that the price for those sales would not be the 'wholesale price' for the purpose of section 4(a) of the act if the agreements were made at arms length and in the usual course of business.there can be no doubt that the'`wholesale cash price' has to be ascertained only on the basis of transactions ..... view that the aforesaid decision of this court which was rendered on the basis of section 4 of the act, as it stood before it was amended by the central excises and salt (amendment) act, 1973 (hereinafter referred to as the amendment act) does not apply to levy of excise duty subsequent to the amendment act coming into force on 1-10-1973. ..... (c) 'related person' means a person who is so associated with the assessee that they have interest, directly or indirectly, in the business of each other and includes a holding company, a subsidiary company a relative and a distributor of the assessee ..... (ii) does not include the amount of the duty of excise, sales tax and other taxes, if any, payable on such goods and, subject to such rules as may be made, the trade discount (such discount not being refundable on any account whatsoever) allowed in accordance ..... tax are levied with reference to goods, the two are very different imposts; in one case the imposition is on the act of manufacture or production while in the other it is on the act ..... .the said tax can be levied at a convenient stage so long as the character of the impost, that is, it is a .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]95ITR523(All)
..... on 6th september, 1971, the assessee filed an application praying that certain records of the central board of direct taxes, new delhi, the commissioner of income-tax, lucknow, the. ..... section 119 of the income-tax act, 1961, prohibits the board from issuing any instructions or directions so as to interfere with the discretion of the assessing officer in regard to the decision of an individual case. ..... several officers who had custody of the files and other documents filed affidavits claiming privilege under section 124 of the evidence act on the ground that the documents in question were communications made in official confidence and their disclosure will injure public interest because it will materially affect freedom and candour of expression of opinion by the officers of the ..... inspecting assistant commissioner, varanasi and allahabad, and the income-tax officer, c and b wards, allahabad, be summoned under section 255(6) read with section 181 of the income-tax act in the interest of justice and in order to enable the assessee to establish its grounds of appeal. ..... in response the finance secretary filed an affidavit dated 7th march, 1972, claiming privilege in regard to certain notings and files of his ministry under section 123 of the evidence act on the ground that these are unpublished records in relation to the affairs of the state and that their disclosure will cause injury to public interest. .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]92ITR459(All)
..... 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 act. ..... it is, however, urged that since a registered firm is liable to a separate tax called the 'firm tax', which is over and above the tax payable by the partners, the registered firm should be treated like an ordinary assessee for purposes of the assessment of 'firm tax' and the losses of the earlier years computed in the assessment of the firm should be carried forward and set, off against its business ..... was a case under section 24 ofthe indian income-tax act, 1922, which dealt with set-off and carry- ..... learned counsel is accepted, it would lead to an anomalous position inasmuch as there would be two assessments in the case of registered firms, one for purposes of the levy of 'firm tax' and the other for purposes of levy of income-tax and the quantum of income in the two assessments would be different. ..... scheme of the income-tax act, losses and profitsunder different heads have to be aggregated and the net income arrivedat, which is liable to tax. ..... under the income-tax act, 1961. ..... article 226 of the constitution and raises an interesting question relating to the interpretation of sections 32 and 75 of the income-tax act, 1961. 2. ..... of earlier years are permitted only because of specific provision in that regard in the income-tax act. ..... contemplated under the income-tax act. 9. ..... firm which is registered under the income-tax act. .....
Tag this Judgment!Court : Allahabad
Reported in : 2000(3)AWC2139; (2002)3UPLBEC2351
..... through its secretary has filed this petition challenging notification dated 5.10.1985 (whereby state government exercising power under section 52 of the act prescribed 12.5% and 13% rate of water tax andsewerage charges respectively) and notification dated 8.3.1986 (whereby cost of water supplied by jal sansthan was increased) copies of said notifications have been filed as annexures-1 and 12 to the petition ..... annum as water charges onbuilding in case of non-meteredconnection was in fact in nature ofpenalty under the garb of water tax.petitioner also stressed that no rules.bylaws or guidelines in respect of theterms and conditions for supply ofwater for domestic and otherpurposes effecting general public inutter disregard of provisions ofsection 98 of the act were framed.petitioner also disputed authority ofjal sansthan to impose servicecharges on flat rate of rs. ..... chapter v-property-contract, finance and accounts and audit-sections 39 to 51 deal with financial aspects of jal sansthan ..... in peculiar facts and circumstances of the present case including the fact that jal sansthan is to render public service, we direct the parties to bear their own costs. ..... nor this court will be justified in directing probe into its accounts and test reasonableness of the 'tariff enforced from time to time ..... meanwhile it is directed that the members of the nagrik kalyan parishad as contained in annexure-2a of the petition shall continue to pay the charges on the old rates till further orders. sd. u. c .....
Tag this Judgment!Court : Allahabad
Reported in : [2002]125TAXMAN767(All)
..... sri prakash krishna, learned standing counsel of the revenue submitted as follows :section 14(3) was inserted in the indian income tax act, 1922 by finance act, 1955 providing that the tax shall not be payable by a cooperative society including such a cooperative society carrying on the business of banking in respect of profit and gains of business carried on by it in respect of interest and dividends ..... expression must be understood in a broad sense and it cannot be equated with the express 'derived from'.therefore, interest, from securities held by a cooperative bank as its liquid assets as required by the banking regulation act and directions of the reserve bank of india and amounts received as subsidies from the government as inducement for opening branches and as compensation in the matter of grant of loans to the poorer sections at lower rates of interest ..... 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 at pages 33 to 36 of the booklet it is clear to us that the assessee cooperative society would lend to its members or would arrange finance to its members through someone else's agency to enable them to purchase good seeds of sugarcane, ..... the 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. .....
Tag this Judgment!Court : Allahabad
Reported in : [1983]139ITR887(All); [1981]6TAXMAN174(All)
..... petitioner claims that till the year 1974 various finance acts passed by the union of india used to lay down rates for computing income-tax and surcharge which were uniformly applicable to all ..... thus looking from the point of view of taxation, there exists good reason for placing the two categories of huf, as have been placed, in different categories, and, their being subjected to tax at different rates, specially with a view to neutralize the advantage, which, till then wasbeing derived by members of such huf cannot, on the basis of the decisions cited above, be said to contravene article 14 of ..... bhatnagar, under secretary, central board of direct taxes, delhi, who filed a counter-affidavit on behalf of the union, stated that a direct tax enquiry committee (popularly known as wanchoo committee) was set up by union of india to go into various tax laws and to recommend and make proposals for prevention of evasion of tax and to reduce economic inequalities by enacting tax rates in such a way that they will serve to reduce the accumulation of disproportionate wealth in some hands ..... the classification of the two kinds of hufs in the finance act, 1974, was meant to nullify such an advantage being obtained by members ..... also placed on the following observations made by the finance minister, in the speech made by him on february 28, 1973 : [1973]88itr39(ker) ' it is generally recognised that in the present system of tax, treatment of hindu undivided families has encouraged tax avoidance. .....
Tag this Judgment!Court : Allahabad
Reported in : [1965]56ITR393(All)
..... it further stated that the official liquidator continued the business of the company and made profits on which the company paid substantial income-tax and that the dividends that have been paid by the official liquidator have been paid out of the accumulated profits made by the company ..... by the finance act, 1955, the proviso to clause (c) was ..... clause (c) was further amended by the finance act of 1956, which took effect on 1st april, 1956 ..... chapter 176 of the income-tax act, 1961, deals with 'deduction at source' ..... it prays that the official liquidator be directed not to deduct any income-tax from the third dividend which he proposes to distribute among the shareholders of the company ..... the case came up for hearing on 22nd october, 1964, the learned company judge thought it desirable that the relevant income-tax authorities be impleaded as parties to the petition for a satisfactory decision of the dispute raised. ..... stated that his client will take appropriate proceedings before the income-tax officer for refund as the deducted income-tax has already been paid by the liquidator to the department. ..... the official liquidator is directed not to deduct anything by way of income-tax or super-tax from the dividends that are to be declared and distributed in respect of this company ..... it is, therefore, not necessary to make any direction in respect of the deduction already made from the second ..... it also prays that the liquidator be directed to pay back to the shareholders the deduction of 30 per .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2298
..... university including any question as to the validity of a statute, ordinance or regulation, not being a statute or ordinance made or i approved by the state government or by the chancellor is in conformity with this act or the statutes or the ordinance made thereunder, the matter shall be referred to the chancellor and the decision of the chancellor thereon shall be final:provided that no reference under this section shall be made-(a) ..... of which is reproduced below, the supreme court observed as follows:-'a resume of relevant provisions of the merit promotion scheme and the relevant provisions of the vikram university act to which we have made reference earlier clearly shows that when the act was enacted in 1973 the state legislature had not contemplated any promotion of a lecturer as reader or reader as professor as the case may be ..... clearly leads us to believe that the university was bent upon establishing the study centres under any circumstances quite oblivious of the directions issued by the various authorities, and it did succeed to a certain extent till the letters dated 15th april, ( ..... . section 37 1 contained in the aforesaid chapter deals with affiliated colleges and provides for ft detailed procedure regarding the manner in which the executive council may, with the previous ..... chapter vii of the ..... . statutes 1,1.01 to 11.41 contained in chapter xi deal with the affiliated college, a detailed procedure is provided for seeking affiliation of a college or for starting courses of .....
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