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Sri Hiranyakeshi Sahakari Vs. First Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1986)15ITD343(Mad.)

..... funded separately and shall be utilised for erection of adequate storage facilities in accordance with the orders that may be issued by the central government for the regulation of such funds: from the above, it appears that half the price collected for each grade of molasses should be separately funded by the producers and shall be utilised for erection of adequate storage facilities in accordance with the orders that may be issued by the central government .....

income-tax Officer Vs. A.C. Mathiah

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1986)16ITD28(Mad.)

..... accordingly, we remit back this issue to the file of the joint appellate authority with a direction to reconsider this issue in the light of the various evidences produced by the assessee and dispose of the same in accordance with law after giving an opportunity of being heard to the assessee.19 ..... in the result, the assessment is set aside and the ito is directed to redo the same in the light of the above observations'.thereafter, while considering the matter afresh in the light of the directions given by the aac, the ito called for a wealth statement from the assessee. ..... basically, the objection for the revenue is that in the light of seth manicklal fomra's case (supra), the ito did have the power to make the new additions in question also ..... on a reading of the order passed by the aac and in the light of the judgment of the madras high court in the case of seth manicklal fomra (supra) and that of the decision of the madhya pradesh high court in kundanlal morn's case (supra) and keeping in mind the earlier ..... thereafter, while considering the matter afresh in the light of the direction given by the aac the ito called for a wealth statement from the ..... even after the reconsideration in the light of the order of the aac, the ito estimated the income from the business in sugar at ..... aac set aside the order of assessment and directed the ito to redo the assessment in the light of the observations contained in his order. ..... u contested the will by a suit and claimed a half-share in the properties. .....

Rajapalayam Mills Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1986)18ITD114(Mad.)

..... in the light of the above discussion, the conclusion that emerges is that the section s other than the charging section s, even though they constitute the machinery for realising the charge, contain both substantive and procedural .....

Dr. Rajah Sir M.A. Muthiah Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1987)22ITD62(Mad.)

..... in the light of that decision--particularly in view of the fact that the liability for payment of estate duty is a personal liability of the accountable person--it cannot be said that it is a 'debt' contemplated by section 44. .....

First Income-tax Officer Vs. D.C. Bhansali

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1987)22ITD45(Mad.)

..... thus, the enquiry made by the ito was half-baked and in such a situation, to propose to disallow the entire amount is certainly not called for. .....

Second Income-tax Officer Vs. N. Kannaiyiram

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)24ITR261(Mad.)

1. to 21. [these paras are not reproduced here as they involved minor issues.] 22. the last objection in the revenue's appeal is to the decision of the cit (appeals) holding that the exemption under section 54 was available to the assessee, who was assessed in the status of huf.during the previous year, the assessee sold his residential house at no. 110, west sandaipettai street, madurai for rs. 6 lakhs on 6-5-1981.in respect of the long-term capital gains arising on the sale of this property, the assessee claimed exemption under section 54(1) of the it act, which was disallowed by the ito for the reason that the assessee was not entitled to this relief, as he was being assessed in the status of a hindu undivided family. according to the income-tax officer only individuals can claim this relief under section 54(1). the cit (appeals), however, disagreed with this view of the income-tax officer and held that the language used in section 54(1) was such that the relief could be claimed either by an individual or by an huf. he further held that in the case of an individual, the benefit could be availed, whether the individual himself uses the building for his own residence or whether his parent used the building for his residence and that in the case of a hindu undivided family, the huf alone -must use the building for the residence of all the members of the huf. in support of his conclusion, the cit (appeals) relied on the decision of the tribunal, madras bench-d in the case of .....

A. Padmanabhan Vs. Gift-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD79(Mad.)

..... though the entering into possession and enjoyment of the property may be postponed to a later date.these passages do not support the contentions of the assessee but the contentions of the revenue in the present case in the light of the recitals contained in the deed of settlement executed by the appellant which we have quoted in para 5 (supra).11. ..... we have carefully considered the submissions urged on both sides in the light of the materials placed before us and the authorities relied on by them. .....

Marshall Sons and Co. (Mfg.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD97(Mad.)

..... when we examine the facts of the present case in the light of the aforesaid ratio of the decision of the madras high court, we have no hesitation in coming to the conclusion that the cit (appeals) has rightly rejected the appellant's claim for deduction in the year under appeal, ..... we have carefully examined the contentions of parties in the light of the materials placed before us. .....

Shantha Balachander and S.B.S. Vs. First Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

..... thus, shri s.b.s.raman came to be the owner of the ground floor of the building and the eastern half of the land and site adjoining the same as per the partition deed dated october 31, 1977, as mentioned in schedule 'b'.the assessee herein was allotted 'a' schedule property in the said deed which consisted of the first floor of the building and the western half of the land. .....

First Wealth-tax Officer Vs. Smt. N.P. Saraswathi Ammal

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1988)26ITD250(Mad.)

..... explanation : in this section, 'executor' includes an administrator or other person administering the estate of a deceased person.in the light of our aforesaid findings, the value of the right to receive the amounts from the life insurance corporation cannot be included in the hands of the assessee but would be separately taxable under the provisions of section 19a. .....