Court : Punjab and Haryana
Reported in : [2007]291ITR480(P& H)
..... in any case, whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in setting aside the income-tax officer's order under section 154 considering particularly the provisions of section 80j(1a) inserted by the finance (no. ..... noticing that there was some error in the calculation of deduction, notice under section 154 of the income-tax act, 1961 (for short, 'the act') was issued and the amount of benefit was reduced to rs. ..... whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the mistake of not calculating the capital as on the first day of the previous year, when the assessment order was passed for the purpose of computation of deduction admissible under section 80j, is not a mistake apparent from record which can be rectified by the income-tax officer under section 154 ?2. ..... 2) act, 1980 with retrospective effect from april 1, 1972 ?2. ..... while framing the assessment, the deduction under section 80j of the act was allowed to the tune of rs. ..... issue as on date was debatable and when two views on the same issue were available, the order of assessment cannot be held to be suffering from error or mistake apparent from record and, accordingly, the jurisdiction under section 154 of the act could not be exercised. ..... 647/chandi/79 dated december 20, 1980, in respect of the assessment year 1974-75:1. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)218; [2005]274ITR495(P& H)
..... cit : [1998]229itr123(mp) , a division bench of the madhya pradesh high court, after noticing the provisions of sections 80hh, 80i and 80j of the act, held as under (headnote):'sub-section (9) of section 80hh of the income-tax act, 1961, as it stood prior to insertion of section 80i by the finance (no. ..... filed under section 256(2) of the income-tax act, 1961, (for short, 'the act'), the revenue has prayed for issuance of a direction to the income-tax appellate tribunal, delhi bench 'e', delhi (for short, 'the tribunal'), to refer the following question of law for the opinion of this court:'whether, on the facts and in the circumstances of the case and in view of the provisions of section 80hh(9), the income-tax appellate tribunal is right in holding that the deduction under sections 80hh and 80i ..... section 80i was brought back into the income-tax act by the finance (no. ..... 2) act, 1980, with effect from april 1, 1981, and by the same finance (no. ..... 2) act, 1980, with effect from april 1, 1981, originally included only section 80j. ..... 2) act, 1980, with effect from april 1, 1981. ..... 2) act, 1980, which reintroduced section 80-i, also brought into force, the bracketed portion in section 80hh(9). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)142CTR(P& H)510; [1998]232ITR179(P& H)
..... 67 and 68 of 1983), at the instance of the assessee for the assessment years 1976-77, 1977-78 and 1978-79 : 'whether, in law and on the facts of the case, the income-tax appellate tribunal was justified in holding that the assessee was not entitled to export markets development allowance under section 35b of the income-tax act, 1961, on the following expenses: (i) export expenses ; (ii) export inspecting agency charges ; and (iii) bank commission.' 2. ..... the assessee claimed, in the revised return, deduction at an enhanced amount under section 35b of the income-tax act, 1961 (for short 'the act'). ..... the assessee went in appeal before the commissioner of income-tax, claiming weighted deduction on various expenses including the three items of expenditure, namely, (1) export expenses (insurance premium, carriage, shipping port fees in connection with carriage of goods, packing materials, etc. ..... section 35b of the act was inserted by the finance act of 1968 with effect from april 1, 1968, to provide for the export markets development allowance in certain cases, it was omitted by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989. ..... 2) act, 1980, with effect from april 1, 1981. ..... 2) act, 1980. ..... 2) act, 1980, which is under consideration and, keeping in view the nature of the explanation, any expenditure, which is in the nature of purchasing or manufacturing expenditure ordinarily debitable to the trading or manufacturing account and not to the profit and loss .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)109CTR(P& H)124; [1993]203ITR240(P& H)
..... 2) act, 1980, to incorporate that notwithstanding anything contained in the earlier provisions of section 171 of the act where a partial partition has taken placeafter december 31, 1978, amongst the members of the hindu undivided family, the same shall not be recognised for the purpose of the income-tax act and the family shall continue to be liable to be assessed under the act as if no such partial partition has taken place. ..... ramachandra setty and sons : [1979]116itr545(kar) , the karnataka high court considered the scope of section 20 of the wealth-tax act and held as under (at page 549) :'it is relevant to mention here that the language of section 20 of the act is more or less similar to the language of section 25a of the indian income-tax act, 1922, which did not specifically deal with cases of partial partition as it has been done under section 171 of the income-tax act, 1961. ..... with the coming into force of the income-tax act, 1961, by a fiction of law, it was provided under section 171 of the act that even if there was a notional partition or disruption of the hindu undivided family under the hindu law, a partition whether complete or partial was not to be recognised for the purpose of income-tax until and unless the assessing authority passed an order under section 171 of the act declaring the partition. ..... section 20a of the wealth-tax act has been inserted by the finance (no. ..... sub-section (9) of section 171 of the act was inserted by the finance (no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1990]181ITR473(P& H)
..... since, on the view taken by us, rule 19a did not suffer from any infirmity and was valid in its entirety, the finance (no, 2) act of 1980 in so far as it amended section 80j by incorporating rule 19a in the section with retrospective effect from 1st april, 1972, was merely clarificatory in nature and must, accordingly, be held to be valid.'5. ..... while upholding the validity of sub-rule (3) of rule 19a of the income-tax rules, 1962, and the amended provisions of sub-section (1) of section 80j, vide finance (no. ..... he also took up the additional ground contending that the claim of the assessee under section 80j of the income-tax act, 1961 (hereinafter referred to as 'the act'), be worked out at rs. ..... during the course of these very assessment proceedings, the income-tax officer did not agree to compute the relief under section 80j as per the claim of the assessee both in respect of the quantum of capital and the point of time ..... the questions run as follows :'(1) whether the income-tax appellate tribunal has been right in law in holding that the assessee was not entitled to the deduction of surtax payable by it in pursuance of the companies (profits) surtax act, 1964, in arriving at the taxable income ? ..... the assessee claimed surtax liabilities as business expenditure which was disallowed by the income-tax officer and also by the appellate assistant commissioner. ..... reference applications are for the income-tax assessment year 1974-75 for which the relevant 'previous year' ended on march 31, 1974 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1989)80CTR(P& H)28; [1989]178ITR474(P& H)
..... 23,442 in the accounting year 1979-80, and in the assessment year 1980-81 claimed deduction of the aforesaid amount, under section 36(1)(iii) of the income-tax act, 1961 (for short 'the act').2. ..... question has been referred for the opinion of this court:'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in upholding the finding of the commissioner of income-tax (appeals) to the effect that interest payable to various members of the hindu undivided families after partial partition, with effect from march 31, 1979, which is not valid as per section 171(9) of the income-tax act is an admissible deduction in computing the income of the assessee-firm ?'4. ..... thus, the tribunal was not right in upholding the finding of the commissioner of income-tax (appeals) that in spite of partial partition effected on march 31, 1979, which is not valid as per section 171(9) of the act, the interest was an admissible deduction in computing the income of the assessee-firm. ..... the income-tax officer did not allow the deductions, as, in view of section 171(9) of the act, partial partition made after december 31, 1978, had to be ignored and the interest paid was considered as having been paid to the partners either in their individual capacity or in the capacity of karta of the hindu undivided family, which had to be disallowed by virtue of section 40(b) of the act. ..... sub-section (9) was inserted in section 171 of the act by the finance act (no. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1989]176ITR298(P& H)
v. ramaswamy, c.j. 1. we are satisfied that, the following three questions of law do arise from out of the order of the tribunal. accordingly, we direct the tribunal to state a case and refer the same to this court for its opinion :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the mistake of not calculating the capital as on the first day of the previous year when the assessment order was passed, for the purpose of computation of deduction admissible under section 80j, is not a mistake apparent from record which can be rectified by the income-tax officer under section 154 ? 2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in holding that the issue of computation of capital employed as on the first day of the previous year for the purpose of computation of relief under section 80j is a contentious one in which there can be two opinions and, therefore, there is no mistake apparent from the record recallable by the income-tax officer ? 3. in any case, whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal is right in law in setting aside the income-tax officer's order under section 154 considering particularly the provisions of section 80j(1a) inserted by the finance (no. 2) act, 1980, with retrospective effect from april 1, 1972 ?'
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1985)46CTR(P& H)296; [1985]153ITR1(P& H)
..... the revenue, referred the following question for the opinion of this court:'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that standard deduction under section 16(i) of the income-tax act, 1961, dealing with deductions from salary is available even in respect of income derived from pension which is taxed under the head ' salaries ' '2. ..... and immunities) act, 1947, and section 18, clause (b), of article v of the schedule thereto, which granted exemption from income-tax to salaries and emoluments paid by the united nations to its officials, held that since under section 17 of the ..... the aforesaid speech in my view only reflected the departmental interpretation of law which the department had circulated to its functionaries, and no more, whereas in fact the income-tax tribunals all over the country were by and large disagreeing with that interpretation and were allowing deductions and no decision of any high court has been brought to my notice taking a view that ..... the finance act of 1974 amended section 16 with effect from april 1, 1975, and the amended section 16 is as follows ..... the learned counsel for the revenue, drew my attention to the following passage from the speech of the finance minister [1980] 123 itr 21 :'at present, standard deduction in computing the salary income is not available in the case of pensioners. ..... 2) act of 1980, the words 'expenditure incidental to employment' have ..... of the finance (no. ..... : [1980]126itr340(kar .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2010)228CTR(P& H)396; [2009]185TAXMAN398(Punj& Har)
..... the revenue has preferred this appeal under section 260a of the income-tax act, 1961 (for short, 'the act') against the order dated 12.10.2007 passed by the income tax appellate tribunal, delhi bench 'a' new delhi in ita no ..... 1027 observed:from the aforesaid section, it is clear that for the purposes of income tax, the concept of partial partition of the hindu undivided family was recognized, but is done away with by the amendment which specifically provides that where a partial partition has taken place after december 31, 1978, no claim of such partial partition having taken place shall be inquired into under sub-section (2) and no finding shall be recorded under sub-section (3) that such partial ..... as provided in section 171(9) of the income tax act, 1961 and the decision of hon'ble supreme court in the case of ..... the object of inserting clause (9) in section 171 by finance act in pursuance of finance bill no. ..... the effect of the aforesaid sub-section is that for the purposes of income-tax partial partitions taking place on or after january 1, 1979, are not to be ..... a partial partition has taken place after the cut-off date no inquiry as contemplated under sub-section (2) by the income-tax officer shall be held. ..... if any such finding is recorded under sub-section (3) whether before or after june 18, 1980, being the date of introduction of the finance (no. ..... 2) bill, 1980, the same shall be null and void ..... 2 of 1980 was to do away with the concept of partial partition after december 31, 1978 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2001]117TAXMAN149(Punj& Har)
..... singhvi, j.in this appeal filed under section 260a of the income tax act, 1961 (hereinafter referred to as the act) the appellant has sought determination of the following questions of law :'1. ..... whether, on the facts and in the circumstances of the case, the sustaining of the imposition of penalty on the estimate of advance tax filed by the assessee while not following the mandatory provisions of section 174(1) of the income tax act, 1961 is legally sustainable ?'2. ..... assessment for the assessment year commencing on 1-4-1970, or any subsequent year, is satisfied that any assessee has furnished under sub-section (4) of section 209a or under sub-section (3a) of section 212, an estimate of the advance tax payable by him which he knew or had reason to believe to be untrue, he may direct that such person shall, in addition to the amount of tax, pay by way of penalty a sum which shall not be less than 10 per cent, but shall not exceed 1 times the amount ..... mittal referred to the provisions of section 28(iii)(a) to show that the profits of import entitlements were made exigible with retrospective effect from 1-4-1962 by the finance act, 1990 and argued that the non-inclusion of rs. ..... 1049 of 1980 in which notice had been issued by the supreme court and, therefore, the petitioner had not included the profits on import entitlements in the estimate of advance tax. .....
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