Court : Delhi
Reported in : (1986)47CTR(Del)277; [1986]158ITR496(Delhi)
..... , second with regard to the other three and the third qua the remaining two creditors. the complaint has been under section 276b of the income-tax act, 1961, which read as under :'if, a person, without reasonable cause or excuse, fails to deduct or after deducting, fails to pay the ..... in futility and harassment of the accused to allow criminal prosecution proceedings. petitioners nos. 2 to 4 were, of course, not parties in those penalty proceedings under the income-tax act. however, their liability is being invoked in their status as directors of petitioner no. 1 company and as appurtenant to its liability. the prosecutions must, thereforee, ..... would not always bind a criminal trial. this was said in the context whether a conviction should ipso facto follow where a penalty has been sustained under the income-tax act. naturally, in such circumstances, the duty cast upon the prosecution to still establish its case beyond reasonable doubt before the criminal court remains and is not taken .....
Tag this Judgment!Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... ,even though there may be no estoppel by record,it is very desirable that there should be finality and certainty in all litigations including litigations arising out of income-tax act. it is not a very satisfactory thing that an assessed should feel a grievance that one tribunal came to one conclusion and another tribunal came to a different ..... should impose is also a matter of discretion. the proper legal approach is illustrated by the following cases :in shah rikhabdas bharwanlal v. the collector of customs : (1961)m.l.j. 443, identical facts situation was present. the goods of the appellants were confiscated while some other merchants for the same offences were let off with a ..... thatis why it is called a personal penalty. but beyond this distinction there is no difference between them. i have already notedthe observation (on section 167, sea customs act) by 1961(2) m.l.j. 443. the words 'shall be liable' show that whetherthe liability arises or not is to be decided by the court. it is a .....
Tag this Judgment!Court : Delhi
Reported in : (1985)49CTR(Del)119; [1986]157ITR308(Delhi)
..... acquisition was not initiated in accordance with law and held that the proceedings had been validly initiated under chapter xx-a of the income-tax act, 1961. he also held that the fair market price of the plot was rs. 8,16,667 and thus the apparent consideration of ..... d.k. kapur j.1. there are four appeals under section 269h of the income-tax act, 1961, before us relating to the sale of a plot situated at m-l, road no. 5, greater ..... 25% below the true market value. the conditions of the act being fulfillled, the acquisition of the plot was directed 3. the purchasers, who were shri kishori lal mehra and his three sons filed appeals to the income-tax appellate tribunal under section 269g. after narrating all the facts ..... . the section only gives powers of entry or inspection. the learned counsel for the department urges that other provisions of the wealth-tax act would be attracted and the power of the valuation officer includes the power to rectify the initial report. for this purpose, reference .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1985)14ITD244(Delhi)
..... 15,000. there was capital gain of rs. 4,400 on the sale of this property. accordingly, the ito issued notice under section 147(a)/148 of the income-tax act, 1961 ('the act'). in pursuance of the service of the notice the assessee filed the return on 7-1-1980. even in this return capital gain was not disclosed. the ito ..... of brij mohan v. cit [1979] 120 itr 1 (sc), addl. cit v. batwantsingh sulakhanmal [1981] 127 itr 597 (mp) and addl. cit v. joginder singh [1985] 151 itr 93 (delhi). it is the law prevailing on the day on which the act of concealment takes place which is relevant. it is wholly material that the income concealed was to be assessed ..... contained in clause (hi) of sub-section (1) of section 271, if in a. case falling under clause (c) of that sub-section, the amount of income (as determined by the income-tax officer on assessment) in respect of which the particulars have been concealed or inaccurate particulars have been furnished exceeds a sum of twenty-five thousand rupees, the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1986Delhi191b; 1986RLR56
..... from helsinki, finland.(7) it is further stated in the affidavit that the aforesaid amounts were being shown in the income-tax returns and the petitioner has placed on record a copy of order of income-fax officer relating to the year 1982-83. she has also mentioned that she was summoned by the officers of ..... court authorities : [1962]3scr622 are fully applicable and bail cannot be granted in view uf prima facie commission of the offences under section 3 of official secrets act punishable with maximum imprisonment of fourteen years. under these circumstances there is hardly any justification for the grant of bail. (34) further, from a combination of ..... india in different spheres including defense. thereforee, the police wan is to arrest the petitioner in respect of commission of offences punishable under the provisions of official secrets act. (10) the arguments in respect of both the petitions were heard together. on october 3, 1985 when the arguments were started, on an application of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1986)16ITD43(Delhi)
..... of business in terms of section 28(i) of the income-tax act, 1961 ('the act'). similarly, bengal textile association's case (supra) dealt with the provisions of business profits tax act, where, again by specific provision of the act, the subsidy was excluded from the purview of business profits tax act, 1947 and so this case could also not be ..... delhi high court in the case of all india lakshmi commercial bank officers' union (supra). wherein their lordships have clearly laid down as follows : ...the income-tax authorities acting anywhere in the country, however, have to respect the law laid down by the high court, whether of the state in which they are functioning, ..... tried to pursuade us that the above observations applied only to 'income-tax authorities' and not to the tribunal. we, however, do not agree. the reference to the income-tax authorities in the above decision has been made because it were they, who had acted against the above principle. but the said principle is equally valid .....
Tag this Judgment!Court : Delhi
Reported in : 29(1986)DLT200
..... to you as the author of the said story in all credits, (commercial and other publicity). (f) that you have agreed to pay the income tax or any other kind of government taxes which may become payable for the total amount received by you from us. that all other terms shall remain prevalent as in the 'film trade ..... 57 falls in chapter xii of the act concerning civil remedies. section 55 provides for certain remedies where there is infringement of copyright, section 56 provides for protection of separate rights comprising the copyright in any ..... the protection of the artist or author alone. enrichment of culture is of vital interest to each society. law protects this social interest. section 57 of the copyright act is on a such example of legal protection. section 57 lifts authors' status beyond the material gains of copyright and gives it special status. (9) section .....
Tag this Judgment!Court : Delhi
Reported in : (1986)51CTR(Del)1; [1986]158ITR391(Delhi); 1986RLR124
..... , propose to deal in detail with the provisions of the indian income-tax act, 1922, and the income-tax act, 1961, or the numerous decisions thereon which have been rendered in different contexts. we do not propose to dwell upon the impact of the modifications effected ..... should be based entirely on the interpretation to be placed on the provisions of section 269g(l) in the context and the scheme of various provisions of the income-tax act, 1961. in our view, it is not necessary to travel over the wider issues that were raised by the counsel for the appellant. we do not, thereforee ..... (as contended for by the learned counsel for the appellant), (i) that the provisions of section 29(2) of the limitation act can be invoked for interpreting the provisions of the income-tax act, 1961; (ii) that this provision is attracted not only in respect of proceedings before courts but also in respect of proceedings before the .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... 1984. 7. though it is not really necessary to give the facts in each of the cases, yet as stress was laid by some of the counsel for the petitioners income of the cases to emphasise their legal contention, they may as well be briefly notice. 8. mr. shanti bhushan, learned counsel who appeared for the petitioner (in c.w ..... of cases : sajjan bank p. ltd. v. rbi (1960) 30 comp case 146 (mad), itty kurian v. union of india, : air1962ker267 , mahaluxmi bank ltd. v. registrar of companies (1961) 31 comp case 287 (cal) and rustom cavasjee cooper v. union of india (1970) 40 comp case 325 (sc), to show what banking means. in my view, it is unnecessary ..... money and that a portion of the deposits of these corporations may be coming from people who want to dodge taxes. since, usually partnerships have a capital of one lakh or less, they were exempted from the purview of the banking regulation act, as in 1963, the legislature assumed, that 'they are small firms which accept deposits of very small amounts .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1986)16ITD486(Delhi)
..... 1. the captioned appeal is directed against the order dated 2-2-1985 passed by the commissioner, delhi iv, new delhi under section 263(1) of the income-tax act, 1961 ('the act') in respect of the assessment year 1980-81. the primary contention is against the finding and decision under the revisionary powers that the assessee foundation did not fall ..... -1975. exemption in respect of grants and other receipts was granted under section 80g of the act up to 31-3-1977 by the said commissioner vide his letter no. cit-ii/te(82)/75/1836 dated 19-11-1976.3. return showing income of rs. 2,060 was furnished on 13-6-1980 against which assessment came to be ..... within the ambit of charitable purposes, as defined in section 2(75) of the act and, therefore, was not entitled to exemption under section 11 of the act as a charitable institution. the action of the learned commissioner in computing the business income at rs. 1,08,973 is also challenged in the alternative, and denial of depreciation .....
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