Court : Punjab and Haryana
Reported in : [1998]230ITR279(P& H)
..... found that there was an element of advertisement in making insertions in the souvenir. a similar matter was examined by the madras high court in cit v. sundaram finance (p.) ltd. : [1985]154itr564(mad) . there also advertisement had been given by the assessee in the souvenir released by a political party on the ..... , such expenses were eligible for the purposes of deduction under section 35b of the act. however, only proportionate expenditure, which was relatable to the export, was treated to be so eligible. in the case of cit v. indian aluminium cables ltd. (no. 2) : [1990]184itr587(delhi) , similar expenditure incurred on payment of salaries to the ..... these are the expenditure, as mentioned above, relating to foreign trade and are, therefore, entitled to be considered for allowing deduction under section 35b of the act. the export department of the assessee is engaged in such work for the promotion of foreign trade. therefore, expenditure incurred in connection with foreign trade shall .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H1
..... bench*, a number of judgments holding that the doctrine of mens rea was equally attracted to the tax even under section 271(1)(a) of the act were relied upon with regard to question no. 2 aforesaid. a firm stand to the contrary was taken on behalf of the revenue. the division bench noticed the head-long conflict of judicial opinion on ..... by the assessee after being allowed credit for the tax paid under section 23-b of the indian income-tax act, 1922? (2) whether, on the facts and in the circumstances of the case, while holding that the assessee-frim had no reasonable cause for not filing the return in time, the appellate tribunal was right, in law, in holding that ..... penalty under s. 271(1)(a) of income tax act, 1961 was not exigible? 9. when the matter came up before the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]256ITR476(P& H)
..... and are fully verifiable. thus neither the genuineness of the transactions nor the genuineness of the parties is in dispute.6. section 40a(3) was inserted by the finance act, 1968, and was made applicable to payments made after march 31, 1969. the object of introduction of this provision was explained in para. 76 of circular ..... be seen from the point of view of a businessman keeping in view the exigencies of business. still further, the central board of direct taxes itself has issued a circular no. 220, dated may 31, 1977 (reported in [1977] 108 itr 8, illustrating the circumstances in which residuary exceptions of rule 6dd(j) are attracted. one of the ..... the payee asks for payment in cash, that by itself becomes an exceptional circumstance leading to exemption from the requirement of section 40a(3) of the income-tax act, 1961 ?'2. the assessee-company carries on business of manufacture of automobile parts. it filed its return of income for the assessment year 1989-90 declaring a loss of rs. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)116CTR(P& H)166; [1994]206ITR537(P& H)
..... the income-tax authorities to reduce or waive penalty, etc., in certain cases. explanation 2 to sub-section (1) of section 273a of the act was inserted by the taxation laws (amendment) act with effect from october 1, 1984. this explanation was omitted by the finance act, 1985, with effect from may 24, 1985. at the time when the search ..... to note that the inspecting assistant commissioner, in his report to the commissioner of income-tax, patiala, recommended the case for waiver of penalty and stated in paragraphs nos. 6 and 7 of the report as follows :'6, from time to time, during the course of assessment proceedings, the income-tax officer made detailed investigations ..... by the assessee and the figure actually assessed by the income-tax department, in our opinion, the very purpose of explanation 2 to section 273a of the act would be defeated and there would be no case where an assessee could take the benefit of this explanation. the words 'voluntarily and in good faith' in this explanation .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2002)175CTR(P& H)335; [2002]255ITR220(P& H)
..... referred to as six months as it was the period specified originally when the new provision was introduced with effect from april 1, 1989. however, vide amendment made by the finance (no. 2) act, 1991, this period was enhanced to twelve months with effect from october 1, 1991. in the present case it is an admitted position that ..... which the return is furnished. therefore, in a case where a return is filed and is processed under section 143(1)(a) of the act and no notice under sub-section (2) of section 143 of the act thereafter is served on the assessee within the stipulated period of 12 months, the assessment proceedings under section 143 come to an end and the ..... no notice under section 143(2) of the act had been served to the petitioner within the stipulated period and as such his return had become final.13. in the background of this settled position we may now .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1993)112CTR(P& H)17; [1993]204ITR645(P& H)
..... (manufacturers) and thereafter they have also to pay the price of liquor which they purchase from the manufacturers for onward retail sale.2. according to section 206c of the income-tax act, 1961 (hereinafter called 'the act'), as substituted by the finance act, 1992, with effect from april 1, 1992, every person who is a seller (like the distilleries) is required to collect tax at ..... liquor is purchased. the use of the word 'payable' is significant and so is the point of time. in my opinion, a plain reading of section 206c of the act leaves no room for doubt that the quantum of the amount on which the tax is to be collected at source by the seller has to be only that amount which is ..... requires tax to be collected at source on the amount payable by the buyer to the seller at the time of sale. that judgment is of no help to the respondents.7. i am, therefore, of the view that the sellers, namely, the distilleries (manufacturers) are not entitled to collect tax at source on the amount of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1997]228ITR653(P& H)
..... by citco is not covered by the expression 'subsequent sale' and that citco falls within the ambit of the term 'seller' used in section 206c of the act. 8. in its reply, respondent no. 2 has pleaded that an l-13 licence has been given to citco on a fixed licence fee of rs. 15,000. 9. in its reply, respondent ..... available to the respondents for deducting tax at source from the petitioners, it will be usefulto take notice of the relevant statutory provisions. section 206c(1) as amended by the finance act, 1992 reads as under :' 206c. (1) every person, being a seller shall, at the time of debiting of the amount payable by the buyer to the account of ..... tax at source from the petitioners is illegal and without jurisdiction. as a logical corollary, it has to be held that the provisions of section 206c as amended by the finance act, 1992, are not available to the income-tax department to compel citco to deduct income-tax at source from the petitioners.24. consequently, the writ petitions are allowed. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)116PLR797; [2001]122STC382(P& H)
..... appeal was to be dismissed as not maintainable. the order of the appellate authority was subjected to a further challenge in appeal before the tribunal under section 20(2) of the punjab act. the tribunal upheld the order of the appellate authority, patiala. the orders of the authorities below have been challenged by the petitioner in writ petition both ..... the act shall be entertained by the judge in the case of an appeal against a tax or in the case of an ..... 406 (59 of 1949) of bombay provincial municipal corporations act as amended by gujarat act (5 of 1970) held as under :'after hearing the learned counsel for the parties, we are unable to subscribe to the view taken by the high court. section 406(2)(e) as amended states that no appeal against a rateable value or tax fixed or charged under .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)108CTR(P& H)427; [1993]203ITR201(P& H)
..... by the central board of direct taxes, delhi, dated june 26, 1989 (annexure p-1)'10. section 206c of the income-tax act, 1961, as amended by the finance act, 1992, reads as under :' 206c. (1) every person, being a seller shall, at the time of debiting of the amount payable by the buyer to the account of the ..... being disposed of as the question of fact and law involved therein is common. the main judgment is prepared in c. w. p. no. 5085 of 1992 (k. k. mittal and co. v. union of india).2. the petitioners in all the cases are l-13 licensees of liquor. they deal with the sale of country liquor and have been granted ..... specified in the corresponding entry in column (3) of the said table, of such amount as income-tax: tablesl. no.nature of goodspercentage(1)(2)(3)(i)alcoholic liquor forhuman consumption (other than indian made foreign liquor)fifteen per cent.(ii)timber obtained under aforest leasefifteen per cent.(iii)timber obtained by anymode other than undera forest leasefive per cent.(iv)any .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]125STC304(P& H)
..... paddy and sold rice to the exporter. with regard to the orders of provisional assessment, the counsel submitted that the petitioners have effective alternative remedies under the act. no ground for invoking the writ jurisdiction is made out.14. after hearing counsel for the parties, we find that the following two questions arise for the ..... two different commodities, even the exporter of rice was liable to pay tax on the purchase of paddy. in other words, it got no benefit under section 5(3) of the central act. to alleviate this hardship, the parliament introduced clause (ca) and provided that for the transaction covered by sub-section (3), paddy and ..... act.(ii) the petitioners have an effective alternative remedy under the provisions of the haryana general sales tax act in so far as the challenge to the orders of assessment, etc., is concerned. they are relegated to the remedy under the statute.(iii) the instructions issued by the authority vide letter dated november 29, 2000 suffer from no .....
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