Court : Allahabad
Reported in : (1979)11CTR(All)246; [1979]120ITR590(All); [1979]1TAXMAN30(All)
..... we, therefore, reframe the question in order to bring out the true controversy as follows : ' whether, on the facts and in the circumstances of the case, the explanation to section 271(1)(c) of the income-tax act, 1961, was applicable to proceedings for the assessment years in question for which the original returns were filed before, but subsequent returns were filed after 1st april, 1964? ..... the explanation added by this finance act was hence not available to the department. 7. ..... in appeal the tribunal held that section 271(1)(c) as it stood before its amendment by the finance act, 1964, was applicable. ..... the view taken in raw achal's case : [1977]106itr144(all) was reaffirmed by this court in addl. ..... ram achal ram sewak : [1977]106itr144(all) is, however, more in point. ..... jiwan lal shah : [1977]109itr474(all) . ..... devendra singh : [1977]108itr314(all) . ..... act to a particular assessment year is the law prevailing on the first day of april of that year does not apply to penalty proceedings, as penalty proceedings are not part of the assessment proceedings. ..... assessments for the assessment years 1962-63 and 1963-64 were completed on the 19th february, 1963, and the 24th december, 1963, respectively, under section 143(3) of the act. ..... act, 1961, with effect from 1st april, 1964, was applicable to penalty proceedings for the aforesaid three assessment years, even though the return for each of these years was filed after 1st april, .....
Tag this Judgment!Court : Allahabad
Reported in : 1984(3)ECC355; 1983(13)ELT920(All)
..... by this petition under article 226 of the constitution the petitioner m/s jaswant sugar mills limited, meerut, through its receiver, prays for the quashing of the orders dated 3-9-76, 9-2-1977 and 30-9-80/25-11-80 passed by respondents 3, 2 and 1 respectively and further for the issue of a writ, order or direction in the nature of mandamus restraining the respondent from taking any coercive or penal measures for realizing excise duties from ..... 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 at 74 per cent ad valorem from 1-3-1970. ..... 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 the petitioner's factory at rs. ..... was a case where the payments of cess in question had been made by the petitioner under a mistake of law and they discovered the mistake only when the high court declared that the provisions of the act and the amendments thereto under which those payments had been made were unconstitutional. ..... 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. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]277ITR344(All)
..... 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 the date the interest vests in the assessee from the term 'assets' under the act. ..... the present case the tribunal has found that the minimum period for which a route permit can be granted is three years and maximum period is five years under the motor vehicles act, 1939, it cannot be said that the respondent-assessee had interest of six years or more in the route permit. ..... 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 ..... : [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 tribunal had held that in view of the provisions of section 2(c)(v) of the act which has been inserted with effect from april 1, 1969, any interest in property where the interest is available to the assessee for a period not exceeding six years from the date the interest ..... -tax appellate tribunal, delhi, has referred the following question of law under section 27(1) of the wealth-tax act, 1957 (herein-after referred to as 'the act'), for opinion to this court :'1. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1928All447; 114Ind.Cas.743
..... in view of the recitals in the mortgage-deed of 5th december 1920 it is to my mind impossible for the mortgagee now to assort that the money he advanced was lent for the purpose of financing a business which was nothing but the carrying on under a new name of the ancestral family business which had come down from hardeo mal.31. ..... may, in this connexion, be pointed out that even assuming that the relations inter se of the members of a joint hindu family, governed by the mitakshara law, are regulated by the provisions of the contract act, it is not quite accurate to say that a minor cannot in any sense be a partner in a newly started business. ..... the other hand it is apparent that it would be dangerous to invest the managing member with unlimited discretion in the conduct of a business financed from the funds of the family and indeed it has never been claimed that a managing member has such absolute authority to bind the other members by his acts. ..... the business had belonged to the family, and therefore the death of the0 father did not under section 253 (10), contract act, dissolve the partnership as the joint family could not die. ..... lender is bound to enquire into the necessities for the loan, and to satisfy himself as well as he can with reference to the parties with whom he is dealing, that the manager is acting in the particular instance for the benefit of the estate.12. ..... it did not comply with the requirements of section 31 of act 8 of 1890 and did not recite the necessity or the .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)202CTR(All)605
..... by the finance act no. ..... it basically provides two things firstly a hindu undivided family hitherto assessed as undivided shall be deemed for the purposes of the act to continue to be hindu undivided family except where a finding of partition has been given by the assessing authority as defined in explanation 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. ..... the tribunal in second appeal allowed the claim of partial partition as set up by the assessee on the ground that conditions of section 171(9) of the act having not been fulfilled, the income tax officer can not refuse the claim of partial partition. ..... further it took a view that the word ' assessed' used in section 171(9) of the act means passing of the assessment order prior to the date of partial partition.5. ..... the income tax appellate tribunal, new delhi has referred the following two questions of law under section 256(1) of the income tax act, 1961 ( here in alter referred to as the act) for opinion to this court:-'(1) whether sub- section (9) of section 171 of the income tax act applied to the facts of, the present case.? ..... none appeared on behalf of the assessee section 171 of the act deals with the assessment after partition of hindu undivided family. .....
Tag this Judgment!Court : Allahabad
Reported in : (1990)90CTR(All)99; [1991]187ITR685(All)
..... circumstances of the case, the appellate tribunal was right in holding that the cinema building and the tube lights together with fittings do not constitute 'plant' within the meaning of section 43(3) of the income-tax act, 1961, and, consequently, the assessee was not entitled to development rebate thereon and depreciation at 10% on building?'2. ..... the main reason for which the tribunal held that the cinema with the fittings and fixtures does not constitute 'plant' is that, according to the provisions of the cinematograph act, 1952, and the cinematograph rules, a permanent building is not necessary for carrying on cinema business. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]263ITR225(All)
..... section 5(1)(iv) of the wealth-tax act, as it existed before its deletion by the finance act, 1992, stated :'5. ..... it has been mentioned in section 3 of the wealth-tax act, which is the charging section, that wealth-tax is levied on individual, hindu undivided family and a company. ..... 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. ..... this is a reference under section 27 of the wealth-tax act, 1957, in which the following question has been 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. ..... this is because a firm is not a distinct legal entity at all, both under the general law as well as under the wealth-tax act, although it is a legal entity under the income-tax act.6. ..... thus, wealth-tax cannot be levied on a firm under the wealth-tax act.7. ..... as regards the house in question, no doubt it has been mentioned that it belongs to a firm but it must be remembered that a firm is not a distinct legal entity unlike a company registered under the companies act. ..... 'thus, the value of one house belonging to an assessee is not to be included in the net wealth of the assessee for the purposes of the wealth-tax act.5. .....
Tag this Judgment!Court : Allahabad
Reported in : (1988)69CTR(All)213; [1989]175ITR384(All)
..... the department is entitled to make copies/extracts of the books seized after expiry of 180 days, that is, the time limit for obtaining approval of the commissioner under section 132(8) of the income-tax act, 1961, and whether the petitioners can be directed to attest such copies/extracts, the papers of this case may be laid before the hon'ble chief justice for passing appropriate orders in accordance with the ..... section 132 clearly empowers the director of inspection or the commissioner to issue a search warrant against any person if, in consequence of information coming to his possession, he has reason to believe that such person has failed to comply with or acted in contravention of the circumstances enumerated in clause (a), (b) or (c) and during the search, the account books or other articles found as a result of search may be seized and the search authority may make extracts or copies of the ..... --since the claim of the income-tax department to obtain photostat copies of account books after the expiry of 180 days from the date of seizure under sub-section (1) of section 132 of the income-tax act added with a request to direct the assessee to attest them before their return raises an issue of some importance, i consider it appropriate to record my own reasons, specially because i could not persuade myself to the view proposed ..... parliament, through section 13 of the finance act, 1964, prescribed the time-limit of one hundred and eighty days for retention of books of account and .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)185CTR(All)342
..... 1986-87, whereas section 40a(12) was inserted in the it act by the finance act, 1985 w.e.f. ..... in the present case as mentioned in para 8 of the order of cit(a), the payment above the legally due amount under the payment of bonus act was made to the workmen because they had threatened to stop the work and they resorted to mass hunger strike, which continued for two days.3. ..... there may be several cases like the present where the concern pays higher bonus than what it is legally bound to pay under the payment of bonus act and this higher amount is often paid to keep harmony and good industrial relationship so as to facilitate the smooth business. ..... it may be mentioned here that under the payment of bonus act, the bonus (which deals with profit bonus) is payable to the employees as a, matter of right and it is not sweet will of the employer to pay it or ..... calcutta high court held that the payment made above the amount due under the act to keep industrial peace was allowable as a business expenditure. ..... 16,350 made under section 40a(9) of the act by the assessing authority which was paid as subsidy to certain clubs, of which the staff and workers of the assessee were ..... this appeal under section 260a of the it act has been filed against the impugned order of the income-tax tribunal ..... in our opinion section 40a(9) of the act has no application to the facts and circumstances of the case as payment was not made for formation or setting up of any trust, nor as contribution to the ..... cit 1977 uptc 483 .....
Tag this Judgment!Court : Allahabad
Reported in : 1999(4)AWC3170
..... according to him, by reason of section 31 the suits pending before any court under sub-section (4) of section 1 of the said act shall stand transferred on the date of the constitution of the tribunal and the courts before which the suit is pending shall transmit the records to the tribunal. ..... the question of limitation can be removed by means of an application under section 5 of the limitation act in which the court is empowered to grant leave to the petitioner or the court may also condone even without such application in appropriate cases, namely, that the petitioner was advised by his counsel to move an application under ..... (2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act. ..... sub-section (4) of section 1 prescribes the application of 1993 act in respect of the suits as hereinafter.sub-section (4) of section 1 the provisions of this act shall not apply where the amount of debt due to any bank or financial institution or to a consortium of banks or financial institutions is less than ten lakhs rupees or such other amount, being not less than one lakh ..... this provision makes it clear that the provision of 1993 act will notapply where the amount of debt due to the bank is less than ten lakhs rupees. ..... by reason of section 31 read with section 34 of the said act, there was no alternative for the court but to transmit the records of the case to the tribunal. .....
Tag this Judgment!