Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1986)17ITD576(Chd.)
..... 3 of her order making the following observations, confirmed the action of the ito : ".... this income cannot be categorised as agricultural income within the meaning of section 2 of the income-tax act. this income is part and parcel of rental income." 4. while disputing this finding of the aac, the learned counsel for the assessee s. s. ..... on account of value of fruit in the compound of the building. moreover, this cannot he said to be agricultural income in view of definition to section 2 of the income-tax act." as per this observation, the ito rejected the assessees claim of exemption in respect of rs. 2,400 having held the same as non-agricultural income ..... income by the two lower authorities, rejecting the contention of the assessee that the same was agricultural income.2. the assessment year involved is 1978-79 for which the relevant previous year ended on 31-3-1978. the assessee owned house no. 28.sector 9-a, chandigarh, surrounded by a fruit garden beside the lawn in front, back and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1990)33ITD62(Chd.)
..... excess of the amount standing to his credit on his joining, the same will constitute gains arising form a transacting amounting to transfer within the meaning of section 2(47) of the income-tax act. according to him, the assessee was liable to pay capital gains on the amount, he receive, over and above the value of his share in ..... partners and when subsequently the partners who took over the items entered into separate deeds of partnership among themselves with some new persons, the ld. ito applied the provisions of section 34(3) (b), rectified the assessment order u/s 155(5), withdrawing the rebate and calling upon the assessee to pay the deficit tax. in the opinion of ..... the continuing partner, is liable to capital gains, as it is a transfer within the meaning of section 2(47) of the act, reliance is placed upon bombay high court judgment in cit v. h. r.aslot [1978] 115 itr 255 and cit v. tribhuvandas g. patel [1978] 115 itr 95." 3. sh. subhash aggarwal, ld. a. r., argued the matter before .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1991)38ITD1(Chd.)
..... to the newly constituted firm as all legal formalities had been fulfilled and the firm was a genuine one.4. however, on 2-9-1985, a notice under section 148 of the act was served upon the assessee in response to which the assessee did not file a return but submitted before the ito computation showing gross receipts from business during the ..... rs. 43,784 along with tds certificates for the total amount received (including rs. 1,53,909 received). on the basis of this return, assessment was completed under section 143(3) of the act on 26-3-1985 on a total income of rs. 11,890.this assessment order is at pages 10 and 11 of the paper-book.the assessing authority ..... . not only this, the hon'ble punjab and haryana high court in the case of cit v. r.k. metal works [1978] 112 itr 445, has laid down that in passing order of revision under section 263 of the income-tax act, 1961, it is necessary for the commissioner to state in what manner he considered that the order of the assessing officer .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1995)52ITD306(Chd.)
..... had not been complied with and, therefore, the appeals in both the cases were rejected being invalid.4. the id. counsel for the assessee has submitted before us that section 249(1) required the assessee to file an appeal in the prescribed form verified in the prescribed manner. this provision did not require the assessee to file the notice ..... 9. the id. counsel for the assessee has invited our attention to the decision of the allahabad high court in the case of addl. cit v. prem kumar rastogi [1978] 115 itr 503. that was a similar case wherein the assessee did not enclose the demand notice to demonstrate that the appeal was within time. it was held that ..... (1) reads as under :- section 249(1) - every appeal under this chapter shall be in the prescribed form and shall be verified in the prescribed manner.it would be thus clear that the express provision contained in the act nowhere required the assessee to enclose the notice of demand along with the prescribed form. rule 45(1) of the income- .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1996)58ITD23(Chd.)
..... prasad (huf) (supra), it was submitted that though partition of immovable property by metes and bounds was not required under the hindu law, the income-tax act under section 171 imposed a further condition that for a partition to be valid, the immovable properties were to be divided by metes and bounds. the learned counsel for ..... of the memorandum of family arrangement which clearly denotes that family arrangement was anterior to the drawing of the memorandum. it has also been submitted that section 171 of the act does not require registration of the agreement in the case of division of an immovable property. reliance has been placed on the supreme court decision ..... of family settlement could be accepted or rejected. he, therefore, submitted that the learned cit(a) had correctly allowed the claim of the assessee under section 171 of the act.8. the learned counsel for the assessee vehemently argued that caption of the memorandum of family settlement clearly stated that it was a deed of family .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (1998)66ITD95(Chd.)
..... income. it was only with a view to overcome the difficulties caused by the anwar ali's case (supra) that explanations were added below section 271(1)(c) initially by the finance act, 1964 and thereafter by various amendments whereby to a case where explanation applied, the onus was shifted towards the assessee instead of the department. ..... however, in a case where the penalty is levied with reference to the substantive provisions of section 271(1)(c), the ratio of anwar ali's ..... difference of opinion between the members constituting the division bench, the hon'ble president has referred the following point of difference to me for disposal under section 255(4) of the income-tax act, 1961 :- "whether, on the facts and in the circumstances of the case, the order of the ld. cit(a) deleting the penalty .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2001)77ITD108(Chd.)
..... state can carry on a trade or business, such a charge is the normal incident of a trading or business transaction. (iv) with reference to the explanation to section 206c as inserted by finance act, 1992, the cit(a) opined as follows :- in my opinion, it is clear that the explanation creates two distinct types of buyer i.e. (i) a person ..... and 206c as they then stood and not advancing revenue's case whereas ramjee prasad sahu's case (supra) dealt with the provisions of section 206c as were introduced by the finance act, 1992 w.e.f. 1-4-1992 holding that 15% of the excise duty payable by the petitioners on account, of purchase of country liquor could not be ..... accepted offer in case of tender or any other mode. the said provisions were omitted by the finance act, 1992 w.e.f. 1-4-1993. as a result, the provisions of section 206c were also suitably amended. it may be mentioned that under section 206c, the liability is on the seller to collect the tax from the buyer of alcoholic liquor .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2000)77ITD108(Chd.)
..... state can carry on a trade or business, such a charge is the normal incident of a trading or business transaction." (iv) with reference to the explanation to section 206c as inserted by finance act, 1992, the commissioner (appeals) opined as follows : "in my opinion, it is clear that the explanation creates two distinct types of buyer i.e. (i) ..... and 206c as they then stood and not advancing revenues case whereas ramjee prasad sahu's case (supra) dealt with the provisions of section 206c as were introduced by the finance act, 1992 with effect from 1-4-1992 holding that 15 per cent of the excise duty payable by the petitioners on account of purchase of country liquor ..... offer in case of tender or any other mode. the said provisions were omitted by the finance act, 1992 with effect from 1-4-1993. as a result, the provisions of section 206c were also suitably amended. it may be mentioned that under section 206c, the liability is on the seller to collect the tax from the buyer of alcoholic .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2001)79ITD155(Chd.)
..... these are to support the view that concept of income has wide connotations and this covers several items of income which are not specifically exempt under the various sections of the act. we are in full agreement with the learned departmental representative so far as this proposition is concerned. but the question is whether the additions made by the assessing ..... to the various judgments relied on by the learned departmental representative it is now clear that the assessing officer has made additions in terms of provisions of section 2(24)(iv) of the act. section 2(24)(iv) is reproduced below: (ii) the value of any benefit or perquisite, whether convertible into money or not, obtained from a company ..... v. cit (1980) 124 itr 522, madras high court in the case of cit v. c. kulandaivelu konar (1975) 100 itr 629, addl. cit v. a.k. lakshmi (1978) 113 itr 368, cit v. s.s.n. lingappan (1981) 129 itr 597, allahabad high court in the case of lakshmipat singhania v. cit (1974) 93 itr 162 and delhi .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Chandigarh
Reported in : (2003)84ITD89(Chd.)
..... rs. 29,616. the facts of the case are that in the return of income the assessee had claimed deduction of rs. 29,616 under section 80-i of it act. while completing the assessment under section 143(3) the assessing officer allowed the claim. however, subsequently the assessing officer found that the assessee was not entitled to deduction for the same ..... outside agency. reliance in this regard, was placed on the judgment of calcutta high court in the case of addl. cit v. a.mukherjee & co. (p.) ltd. [1978] 113 itr 718 where job of book binding was also held to be a manufacturing activity. it was also submitted that such benefit should not have been denied to the ..... the entire processing of goods and part of the processing can be carried out by outside agency and, therefore, the assessee was entitled to exemption mentioned in section 5(1)(xxxi) of the wt act. (iii) cwt v. mubarakali khan [1980] 123 itr 101 : 3 taxman 505 (all.) in this case, assessee was engaged in the business of manufacture .....
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