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 : [1985]153ITR234(P& H)
..... act, 1961, and also the definition of a representative assessee contained in clause (ii) of sub-section (1) of section 160 for the argument that it was open to the parents or the guardians of minor assessees to file income-tax returns on their behalf and in case their incomes were concealed to declare them under section 24 of the finance (no. ..... in our judgment, the legal fiction created by sub-section (3) of section 24 of the act by virtue of which the amount declared by the declarant was to be charged to income-tax 'as if such amount were the total income of the declarant' was limited in its scope, and it cannot be invoked in assessment proceedings relating to any person other than the person making the declaration under the act so as to rule out the applicability of section 68 of the i.t. ..... whether, on the facts and in the circumstances of the case, the assessee-firm had discharged the onus which lay on it under section 68 of the income-tax act, 1961, to explain the source of the deposits of rs. ..... pursuant to a petition of mandamus under section 256(2) issued by this court at the instance of the revenue, the income-tax tribunal has referred to us the following three questions of law for our opinion :'1. ..... samrathmal santoshchand : [1980]124itr297(mp) , which lay down the true scope of the voluntary disclosure scheme under section 24 of the act, must be upheld. ..... cit : [1980]125itr18(delhi) and of the jammu & kashmir high court in mohd. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1984)41CTR(P& H)149; [1984]145ITR676(P& H)
..... 190) :'under the income-tax act, although the liability to pay tax is cast upon an assesses each year in accordance with the finance act of that year, yet the tax becomes due and payable only when an assessment order is passed and a notice of demand under section 29 of the indian income-tax act, 1922, and section 156 of the income-tax act, 1961, is served ..... gopal ramnarayan's case : [1980]126itr369(kar) were that an assessment order was set aside by the income-tax appellate tribunal and thereafter no fresh ..... gopal ramnarayan's case : [1980]126itr369(kar) following the above decision of their lordships, held in that case that unless the respondent-revenue was able to show as to under what provision of the act the revenue could retain the tax paid without an assessment being made or when the power to make the assessment afresh had ceased by virtue of the operation of section 153(1)(a)(iii) of the act, inasmuch as, more than two years had elapsed ..... gopal ramnaryan's case : [1980]126itr369(kar) to the effect that until and unless the quantum of tax is determined in accordance with the procedure laid down by law, the revenue has no right to collect the tax, and, if tax, by way of advance tax or on self-assessment or having been deducted at source, has been paid by the petitioner, the same cannot be retained contrary to the requirements of article 265 of ..... gopal ramnarayan's case : [1980]126itr369(kar) and reiterated before me appears to be authoritatively repelled by their lordships in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2001]251ITR601(P& H)
..... in this appeal filed under section 260a of the income-tax act, 1961 (for short 'the act'), the appellant has sought determination of the following questions of law :'(i) whether, in the facts and circumstances of the case, annexures p-1 to p-3 are legally sustainable ? ..... (vi) whether, in the facts and 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. ..... for the assessment year commencing on april 1, 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 1/2 times the amount ..... mittal referred to the provisions of sections 28(iii)(a) of the act to show that the profits on import entitlements were made exigible with retrospective effect from april 1, 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. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1998]234ITR654(P& H)
..... agrawal j.the following question has been referred, for opinion, by the income tax appellate tribunal (for short 'the tribunal'), at the instance of the department under section 256(1) of the income tax act, 1961 (for short 'the act')assessment year 1980-81'whether, on the facts and in the circumstances of the case, the tribunal was right in law in approving the order of the commissioner (appeals) holding that the income, arising from the compensation received by the assessee in respect of agricultural ..... lands situated in gumtala urban and sub-urban areas acquired by the state government, was not taxable to income-tax under the ..... land acquisition collector , wherein it was held that, in the light of the amendment of sub-clause (iii) of clause (14) of section 2 of the act by the finance act, 1970, and after the insertion of the explanation below clause (1a) of that section by the finance act, 1989, with retrospective effect from 1-4-1970, agricultural land, situated within the limits of any municipality having a specified population or situated within a specified distance not exceeding eight kilometres from the local limits of .....
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 : (1997)141CTR(P& H)189; [1997]223ITR242(P& H)
..... cit (1940) 8 itr 126 (oudh) relied.application:also to current assessment years though by the finance act, 1994 order under section 143(1) is specifically made appealable. a. y. ..... 153.ratio:it is sufficient of the assessee denied her liability to be assessed under the set to a acquire a right of appeal therefore, the assessee's appeals were maintainable under clause (c) of section 246(1) [now section 246(1)(a)] of the act.held:the denial of liability by the assessee is apparent and it is not necessary to go into the reasons on which the denial rested. ..... since there is a specific and distinct provision for an appeal in a case of denial of liability in clause (c) of section 246(1), the assessee's appeals were maintainable under clause (c) of section 246(1) of the act.case law analysis:cit v. ..... how far the assessee would succeed in her plea, that the returns filed by her were invalid and non est in the eye of law and that the orders under section 143(1) were barred by limitation, is a matter which did require examination separately. ..... would enable her to acquire a right to appeal under clause (c) of section 246(1) of the act. ..... geeta ram kali ram (1980) 121 itr 708 (all)(fb), cit v ..... 1963-64 to 1965-66income tax act 1961 s.246(1)(a) ..... two grounds raised by the assessee in her appeal before the appellate assistant commissioner were sufficient to give rise to a plea of denial of liability to be assessed under the act. ..... is sufficient if the assessee denied her liability to be assessed under the act. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)136CTR(P& H)101; [1996]221ITR892(P& H)
..... the finance bill, 1986, has proposed that no proceedings shall be initiated under section 269c of the income-tax act, 1961, in respect of a property transferred after the 30th day of september, 1986. ..... with a view to achieve early finalisation of proceedings under the existing chapter xx-a of the income-tax act, 1961, the board has decided that with effect from april 1, 1986, acquisition proceedings under section 269c will not be initiated in respect of an immovable property for which the apparent consideration is rs. ..... a reference under section 269l of the income-tax act, 1961 (hereinafter referred to as 'the act'), was made to the valuation officer, income-tax department, rohtak. ..... it held that the intention of the board was in consonance with and in terms of, the speech made by the finance minister on the floor of the house while introducing the finance act of 1986 that the experiment under chapter xx-a having failed, which had resulted in litigation and harassment, the board decided either not to initiate or to drop the proceedings which were pending where the apparment consideration of ..... subject: acquisition of immovable properties under chapter xx-a of the income-tax act, 1961-guidelines-regarding. ..... chapter xx-a of the act was made inapplicable in relation to transfer ' of any immovable property after september 30, 1986, and a new chapter xx-c was introduced in the act by the finance act, 1986, with effect from october 1, 1986. ..... 1 of 1980 decided on february 20, 1996--cit v. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1995)127CTR(P& H)224; [1996]218ITR155(P& H)
..... section 276b read with section 194a/200 of the income-tax act, 1961, and rule 30 made thereunder read with section 278b of the income-tax act, 1961 (hereainafter referred to as 'the act') ..... complaint are that the petitioners did not deduct the income-tax at source for the years 1982-83 and 1983-84, thus making themselves liable for punishment under section 276b of the act. ..... mittal, learned counsel appearing, for the petitioners, vehemently contends that in view of the instructions (annexure 'p-3') issued by the government of india, ministry of finance, central board of direct taxes, dated may 28, 1980, the prosecution under section 276b should not normally be proposed when the amount involved and/or the period of default, is not substantial and the amount in default has also been deposited in the ..... it is true that the word 'normally' does not mean that it is necessary or incumbent upon the authorities concerned so as not to launch proceedings under section 276b but when the conditions for exempting the assessee from prosecution as spelled out in the instructions are available, in the considered view of this court it will not be ..... even lesser amount in another case is involved as also that the prosecution came to be launched after a number of years when the default was committed or even from the date when the tax was deposited as also that the matter is pending since 1993 in this court only it will serve no useful purpose in remitting the case to the authorities concerned.10. .....
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