Court : Rajasthan
Reported in : (2005)193CTR(Raj)250; [2004]271ITR315(Raj)
..... 80b defines 'gross total income'. it reads as under :'80b. definitions. -in this chapter-(5) 'gross total income' means the total income computed in accordance with the provisions of this act, before making any deduction under this chapter. . . .'8. section 80ab was inserted by the finance act (no. 2) of 1980 with effect from april 1,1981. thus, it is ..... clear that this section was inserted much prior to the date of passing the assessment order in question. it clearly postulates that where any deduction is required to be made or allowed under any section included in this chapter under the ..... gross total income in question. as persection 80b, the gross total income means the total income computed in accordance with the provisions of the act before making any deduction under this chapter.sub-section (3)(a) of section 80hhc clearly lays down that where the export out of india is of goods or merchandise manufactured or .....
Tag this Judgment!Court : Rajasthan
Reported in : (1988)73CTR(Raj)221; [1989]175ITR546(Raj); 1988(2)WLN327
..... present case assuming the existence of power of remand under section 251(1)(b). the order of the appellate assistant commissioner making a remand was passed on march 31, 1978, and the income-tax officer thereafter imposed penalty by a fresh order dated march 30, 1979, after almost a year of the order of remand. the question ..... penalty imposed in this mariner is hit by the bar of limitation prescribed in section 275 of the act. the relevant part of section 275 is as under :'275. bar of limitation for imposing penalties. -- no order imposing a penalty under this chapter shall be passed -- (a) in a case where the relevant, assessment or other order is ..... was beyond time since it was passed after the period of limitation prescribed by section 275 of the act. the revenue preferred an appeal to the tribunal which has been rejected. the tribunal has held that the order dated march 31, 1978, passed by the appellate assistant commissioner remanding the matter to the income-tax officer was not within .....
Tag this Judgment!Court : Rajasthan
Reported in : [1995]211ITR646(Raj)
..... any purpose and it should not have also been previously used abroad at any time for any purpose by a person assessed in india, the explanation added by the finance act, 1975, has given statutory force to the circular with the additional condition that no deduction on account of depreciation in respect of such machinery or plant should have ..... more than ten workers in the manufacturing process which condition is also not fulfilled as from the wage register it was found that during the month of january, 1978, to april, 1978, the number of workers employed on manufacturing process on all the working days was not 10 or more than 10. on both the points, the assessee was ..... held not entitled to deduction under section 80j of the act.3. in appeal before the appellate assistant commissioner of income-tax, it was found that in accordance with .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)48CTR(Raj)52; [1985]155ITR593(Raj); 1985(1)WLN670
..... placed both the views before us.10. before the full bench of the allahabad high court in metal india products v. cit : [1978]113itr830(all) , sections 139(1), (2) and (4) and 271(1) of the act came up for consideration. one of the questions which was reframed by the learned judges was whether, on the facts and in the ..... the income-tax appellate tribunal, bench jaipur, was constituted for considering, inter alia, the provisions of section 139(1), (2), (4) and (5). in ito v. bohra film finance, various decisions were taken note of by the special bench and it has recorded amongst others, the following conclusions :(1) that the return filed under section 139(4) cannot be ..... begum's case : [1981]129itr560(cal) and kumar jagdish chandra sinha : [1982]137itr722(cal) . it may be mentioned that we approve of the view taken in bohra film finance's case by the special bench of the income-tax appellate tribunal bench, jaipur.22. for the aforesaid reasons, we are of opinion that, on the facts and in the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)65CTR(Raj)38; [1987]168ITR516(Raj)
..... the persons referred to in clause (c) of sub-section (1) and sub-section (2) of section 13 are specified. sub-section (3) of section 13 was amended by the finance act, 1972, with effect from april 1, 1973, and as a result of the said amendment, clause (cc) was inserted and in clause (d) the words ' member, trustee or ..... 1984, in ito v. poongalia jain swetamber mandir, [i.t. appeal nos. 487 and 488 (jp.) of 1983], relating to the assessment years 1977-78 and 1978-79, wherein the tribunal has found that the security that was furnished by the partners of sobhagmal gokulchand in respect of the monies of the assessee deposited with the said ..... the assessee was not entitled to exemption under section 11 or section 12. the tribunal, on further appeal, by its order (annexure ' h ') dated april 29, 1978, upheld the order of the appellate assistant commissioner and held that the assessee cannot be granted exemption under section 11 or section 12 for the assessment years under consideration. thereupon .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]226ITR561(Raj)
..... it operated. these were a permanent installation and provided support for services used by the company for carrying on its trade. the company claimed capital allowance under the finance act, 1971, section 41 in respect of the expenditure incurred, contending that it constituted capital expenditure on the provision of plant. on appeal by the crown from the ..... on the provision of 'plant' for the purposes of their trade, and accordingly claimed a first-year allowance in respect of it under section 41 of the finance act, 1971. the inspector of taxes disallowed the claim, but on appeal the special commissioners reversed the inspector's decision and upheld the taxpayer's claim.41. the ..... generators and other machinery needed for the operation of the dock, was allowable expenditure as it constitutes a plant.24. in benson v. yard arm club ltd. [1978] 2 all er 958 it was observed that a ship which was converted into a restaurant cannot be considered to be an apparatus for carrying on the business of .....
Tag this Judgment!Court : Rajasthan
Reported in : (1994)116CTR(Raj)47; 1993WLN(UC)258
..... the apex court in the case of standard mills co. ltd. v. cwt [19(57] 63 itr 470 wherein it was observed that section 7 falls in chapter ii which deals with the charge of wealth-tax and assets subject to such charge ; it is intended to provide a machinery for the determination of the value ..... applicable to the assessments which are pending before the wealth-tax officer and before the appellate authorities.4. the allahabad high court in cwt v. laxmipat singhania : [1978]111itr272(all) while interpreting the provisions of rules 1c and 1d, has held that those rules prescribed the method of valuation of unquoted preference shares and unquoted equity ..... where the statute itself fixes a method of valuation as the statutory method, that method shall have its authoritative and statutory force for all the officers under the act--the assessing officer, the appellate officer or the appellate tribunal or the departmental valuation officer. the provisions of rule 1bb were held mandatory and binding on the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)49CTR(Raj)348; [1986]157ITR734(Raj)
..... that the registration should not be refused to genuine firms on technical grounds. reference has been made to the various sections of chapter 16 of the 1961 act. subsection (2) of section 185 requires the income-tax officer to intimate the defect, if any, in the application or if the application was not in order, ..... of ascertaining how the amount of loss in the minor's share was to be apportioned.20. in the case of cit v. r.s. nikhera construction co. [1978] 114 itr 294 the eight partners of the assessee-firm formed themselves into three groups each of which shared one-third of the profits of the firm. the application ..... specifically mentioned in the partnership deed. the order was upheld by the appellate assistant commissioner. on further appeal, the appellate tribunal held that therequirements of section 26a of the act were satisfied, inasmuch as the partnership deed could be reasonably construed as clearly implying that the shares of the partners of each group were equal ; that all the .....
Tag this Judgment!Court : Rajasthan
Reported in : (1987)61CTR(Raj)57; [1987]164ITR249(Raj)
..... included in the net wealth of the assessee--.....' 7. it may be stated that clause (xxa) was inserted by the finance act, 1975, with effect from april i, 1975. the words 'held by the assessee' were omitted by the finance act, 1975, with effect from april 1, 1975. this was done with a view to secure that the exemption from wealth ..... (hereinafter referred to as 'the tribunal'), has referred the following question for the opinion of this court, which is said to arise out of its order dated october 31, 1978, in wta nos. 252, 253 and 254/jp/ 1977-78: 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that ..... not allowable because it is admissible only to individuals and hindu undivided families and not to a trust. aggrieved, the assessee filed appeals under section 16(3) of the act. the appellate assistant commissioner, jodhpur, opined that the assessee was right in claiming exemption of rs. 1,50,000 on shares of indian companies and, therefore, he .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)190CTR(Raj)90; [2004]270ITR175(Raj)
..... and investment allowance are, therefore, liable to be deducted before giving special deduction under chapter vi-a.the dispute in this case relates to asst. yr. 1981-82 and the legal position examined by the hon'ble court is as it stood after the amendment made by the finance act, 1981, whereby section 80ab was introduced.(i) motilal pesticides (i) (p) ltd ..... here an assessee is not required to compute the income from salary. the it department allows such claim on gross remuneration, even after section 80ab was inserted by the finance (no. 2) act, 1980, w.e.f. 1st april, 1981. it is pertinent to note that the phrase allowing deduction under above section is as under:'a deduction from such ..... of a priority industry where the deduction has been calculated (c) 8 per cent of the profits and gains).(c) cambay electric supply industrial co. ltd. v. cit : [1978]113itr84(sc) held: in computing the total income of the assessee carrying on the business of an industry as specified in section 80e of the .....
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