Court : Allahabad
Reported in : (2004)186CTR(All)573; [2003]262ITR45(All)
..... and semi-government servants visiting the assessee factory. section 37(1) of the income-tax act had been amended in the mean time. explanation 2 to section 37(2a) of the act was inserted by the finance act of 1983 retrospectively with effect from april 1, 1976. the material part of section 37 is quoted below :'37. general.--(1) ..... any expenditure (not being expenditure of the nature described in sections 30 to 36 and not being in ..... and government and semi-government servants visiting the factory did not amount to entertainment and that it should be deemed a necessary expenditure under section 37(1) of the income-tax act, 1961 ?'2. the dispute relates to the assessment year 1976-77. during the assessment proceedings, the assessing officer disallowed certain expenditure which .....
Tag this Judgment!Court : Allahabad
Reported in : [1997]228ITR320(All)
..... corporation ltd. v. union of india : [1992]195itr485(all) .4. section 143(1a) of the income-tax act was introduced by the amendment to the income-tax act with effect from april 1, 1989. under this amendment additional income-tax can be imposed even in the case of loss. the amendment by the finance act, 1993, was made with effect from april 1, 1989. since ..... true copy of which is annexure 2 to the writ petition, in which certain adjustments have been made in the return and an additional income-tax under section 143(1a) of the income-tax act, amounting to rs. 1,09,022 was imposed. even after the adjustment it remained a loss return.3. the submissions of learned counsel for the petitioner was .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)62CTR(All)211; [1987]166ITR643(All); [1987]32TAXMAN35(All)
..... cit v. farrukhabad cold storage (p.) ltd. : [1977]107itr816(all) . in this case, the division bench held that the term ' processing of goods ' as used in section 2(7)(d) of the finance act need not be of such a nature as to result in the manufacture of goods. all that is required is that the goods must be adapted for a ..... particular purpose. both the words ' manufacture ' and ' processing ' have been used in section 2(7)(d), thus indicating that the legislature drew a distinction between an ..... finding that the appellant is a partner of the firm which was engaged in manufacturing and processing, held that the assessee was entitled to exemption under section 5(1)(xxxii) of the wealth-tax act. as a result, the two appeals of the assessee were accepted. the department thereafter moved an application for making a reference to this court.4. .....
Tag this Judgment!Court : Allahabad
Reported in : 1984(3)ECC355; 1983(13)ELT920(All)
..... actually sold.2. excise duty is payable on the sugar under the provisions of central excises and salt act, 1944 and an additional duty is also payable under the additional duties of excise (goods of special importance) act, 1957. sections 32 and 35 of the finance act, 1970, fixed the rate of excise duty at 30 per cent ad valorem and additional excise duty ..... and owns and operates a sugar factory at bagpat road, meerut. the central government by its order dated 15th june, 1972, in exercise of powers conferred by section 3 of the essential commodities act, promulgated levy sugar supply (control) order, 1972, and for the sugar produced during the crushing season 1971-72 fixed the price of the levy sugar for ..... not considered in that case.5. learned counsel for the petitioner also cited a decision of the supreme court in d. cawasji and co. v. state of mysore and anr., 1978 e.l.t. (j 154) and of the bombay high court in wipro products ltd. v. union of india, 1981 e.l.t. 531. in d. cawasji (para .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]277ITR344(All)
..... chopra, learned standing counsel for the revenue, and nobody has appeared on behalf of the respondent-assessee.5. we find that section 2(e)(v) of the act as it stood after the amendment by the finance act,1969, excluded any interest in property where the interest is available to an assessee for a period not exceeding six years from ..... [1990]184itr34(sc) has held that the properties in respect of which leases had expired in 1958 and 1963, were not assets within the meaning of section 2(e)(2)(iii) of the act, their value was not liable to be included in the net wealth of the assessee. the apex court has followed its earlier decision in the case of ..... while determining the taxable wealth which order was confirmed by the appellate assistant commissioner in appeal. however, in further appeal the tribunal had held that under section 58 of the motor vehicles act, 1939, duration of the route permit is not to be less than three years and not more than five years. the tribunal has further found that .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)410
..... india. the said view has been taken by the uttaranchal high court in the case of sedco forex international drilling co. ltd. (supra). the explanation to section 9(1)(ii) was introduced by the finance act, 1983 w.e.f. 1st april, 1979. the explanation was introduced to get over the judgment of the gujarat high court in cit v. s. ..... 1980]124itr391(guj) , wherein it was held by gujarat high court that in order to attract section 9(1)(ii) of the act, the liability to pay must arise in india. the said 'explanation' was not available for the assessment years under consideration, namely, 1977-78 and 1978-79.9. in cit v. s.r. patton : [1992]193itr49(ker) it has been ..... , j.1. the present income-tax reference is at the instance of the department under section 256(1) of the it act, 1961, hereinafter referred to as 'the act' against the order of the tribunal, dt. 14th nov., 1983 for the asst. yrs. 1977-78 and 1978-79.2. the following substantial questions of law have been referred for the opinion of this .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1965All376; [1965]57ITR372(All)
..... assessing a firm which has 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 say that because of this change in section 44 the provisions of ch. iv shall apply to the assessment of a firm whose business has ..... england, a partnership firm is not a juristic entity, but merely an association of persons. the position is different in scotland where a partnership firm, by section 4(2) of the partnership act, 1890, is recognised as a legal 'person' distinct from the partners constituting it. under the law in india a partnership firm la not a legal 'person .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)202CTR(All)605
..... of 1980 sub section (9) has been inserted. this section provides that partial partition which has taken place whether before or after 31-12-1978 amongst the members of hindu undivided family hitherto assessed as undivided, shall be treated as nul ..... to the section. secondly, a duty has been cast on the assessing authority while framing assessment under section 143 or 144 of the act to adjudicate a claim if raised by any member of the hindu undivided family that partition, whether oral or total , has taken place amongst the members of such family. by the finance act no. 2 ..... claim for partition was not accepted by the income tax officer on the ground that since the partition was affected after 31-12-1978 and it would be hit by section 171(9) of the act. the said order was affirmed in appeal by the appellate assistant commissioner, who recorded the following finding:(a) the assessments for the .....
Tag this Judgment!Court : Allahabad
Reported in : [1975]98ITR557(All)
..... direction that it shall form part of the corpus of the donee-trust is valid in law, is corroborated by the amendments made by parliament to section 12 by the finance act 16 of 1972, whereby parliament expressly excluded contributions 'made with a specific direction that they shall form part of the corpus of a trust or ..... institution ' from being deemed to be income derived from property for purposes of section 11.20. in this view, voluntary contributions made with a specific direction that ..... chairman, central board of direct taxes, and to say that the matter has been carefully considered. having regard to the scheme of section 12 of the income-tax act, 1961, the provisions of sub-section (2) thereof should be taken as not limited only to voluntary contributions constituting the income of the receiving trust. an endowment or .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]263ITR225(All)
..... in further appeal by the tribunal.4. in our opinion, there is no merit in the submission of learned counsel for the department. section 5(1)(iv) of the wealth-tax act, as it existed before its deletion by the finance act, 1992, stated :'5. (1) wealth-tax shall not be payable by an assessee in respect of the following assets, and such ..... assessment years are 1974-75 and 1975-76. in his return of net wealth as well as during the assessment proceedings, the assessee claimed deduction under section 5(1)(iv) of the wealth-tax act in respect of the house property owned by the firm. the wealth-tax officer rejected the assessee's claim but the appeal was allowed by the ..... referred to us for our opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was legally correct in allowing deduction under section 5(1)(iv) of the wealth-tax act, 1957 ?'2. the assessee is an individual who is a partner in the firm, laxmi dutt roop chand, along with another partner, roop chand.3. .....
Tag this Judgment!