Court : Rajasthan
Reported in : [2003]129STC3(Raj)
..... of the apex court, viz., bengal immunity company limited v. state of bihar : [1955]2scr603 , calcutta discount co. ltd. v. income-tax officer : [1961]41itr191(sc) , raja anand brahma shah v. state of uttar pradesh : [1967]1scr373 , vatticherukuru village panchayat v. nori venkatarama deekshithulu ..... . s.r. sarkar : [1961]1scr379 ; (ii) the action of the executive authority acting without jurisdiction subjects or is likely to subject a person to lengthy proceedings and unnecessary harassment, reference be made to calcutta discount co. limited v. income-tax officer : [1961]41itr191(sc) ; (iii) ..... the authority had no jurisdiction or had purported to usurp jurisdiction without any legal foundation, reference be made to whirlpool corporation v. registrar of trade marks : air1999sc22 ; (iv) the constitutional validity of any statute is under challenge ; (v) the vindication of public right ; (vi) prevention of injury to public at large ; (vii) the act .....
Tag this Judgment!Court : Rajasthan
Reported in : 2003(3)WLN16
..... admitted case of the plaintiff that an exemption was granted to maharao bhim singh (alleged vender) under section 20(1) of the ulcar act for construction of houses for medium and low income group persons then certainly maharao bhim singh had no power to alienate the suit land of 80 bighas and therefore, even if the ..... of any court to the contrary.21. as regards possession over the suit land since 1980, the plaintiff had merely produced copies of receipts of payment of tax made to some of departments or grain merchants, but curiously enough without expressing any opinion on merits thereon, prima facie they relate to earlier year of 1980 ..... application for taking on record these other documents is dismissed.22. that apart, as held in radhakishan v. sridhar : [1961]1scr248 and satyabrata v. mugneeram : air1954sc44 , under section 54 of the transfer of property act a contract for sale does not of itself create any interest in or charge on immovable property, because where, the parties .....
Tag this Judgment!Court : Rajasthan
Reported in : (2003)185CTR(Raj)536
1. heard learned counsel for the appellant. considering the submissions, the appeal is admitted in terms of the following questions :'whether, on the facts and circumstances of the case, the learned tribunal was justified in deleting the additions made by the ao under the various heads namely, household expenses, unexplained investment in shares, loan, bank deposits, undisclosed investment in plot and unexplained investment in shares on protective basis and understatement of capital gains on sale of plot in view of the provisions of chapter xiv-b of the it act ?''whether, on the facts and circumstances of the case, in view of the provisions of section 158bb(2) of the it act, which make the legal fiction enacted under sections 68, 69, 69a, 69b and 69c, the additions made by the ao could be deleted ?' .2. issue notice to the other side. notices be made returnable within six weeks. paper book be filed within 4 months. list the appeal for hearing after 4 months.
Tag this Judgment!Court : Rajasthan
Reported in : RLW2004(1)Raj396; 2003(4)WLC663
..... provided to perquisite under section 17(2) which is otherwise a well-known expression in legal world. thus, detailed policy of taxing perquisites as part of income from salaries have been unfolded in income tax act, 1961.78. what has been left to the delegated legislation is to provide for method and mode of determining the money value of ..... to the same.'41. we may notice that what was compositely expressed in section 7 of 1922 act, has been compendiously made part of scheme of section 15 and 17 of the income tax act, 1961. section 15 of the act of 1961 makes salaries due from an employer whether paid or not, or salary paid or allowed to him ..... who are in employment with m/s aditya cement and m/s birla white cement respectively under the head 'income from salaries', which is to be computed in accordance with the provisions of the income tax act, 1961 (for short 'the act'). more particularly, the contentions relate to valuation of the perquisites, which from part of salaries, according to .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]260ITR438(Raj)
..... 26, 1998, passed by the income-tax appellate tribunal, jaipur bench. the respondent-assessee is the proprietor of mewar trading company, udaipur. he filed a return ..... part i of appendix i to the income-tax rules, 1962, and, therefore, entitled to depreciation at 30 per cent. ?' 2. admit. 3. on the request of learned counsel for the parties, we have taken this matter for final disposal.4. this appeal under section 260a of the income-tax act, 1961, is directed against the order dated october ..... officer to allow the depreciation at 30 per cent. and investment allowance on the cost of rig machine. the views of the commissioner of income-tax (appeals) were confirmed by the income-tax appellate tribunal, jaipur bench. 5. it is contended by learned counsel for the revenue that the tribunal has committed an error in allowing .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)86TTJ(NULL)389
..... which the provisions of chapter xii or chapter xiia or section 155jb or sub-section (1a) of section 161 or section 164a or section 167b of the income tax act, apply, advance-tax' shall be computed with reference to the rates imposed by this sub-section or the rates as specified in that chapter or section, as the case may ..... we agree with the view of the learned commissioner (appeals) that the excess amortisation of rs. 4,58,000 is under the companies act and this will have no impact in the computation of income under the income tax act. therefore, we decline to interfere with the order of the commissioner (appeals).7. ground no. 3-deletion of addition of rs. ..... is, however, accounting for the expenditure on exploration and development in respect of its mines including the rajpura dariba mines as per the provisions of the income tax act. this would be evident from the records of the previous year of the company with the department which are as under'the appellant has correctly amortised the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)88TTJ(NULL)1045
..... & sons (p) ltd. v. cit (1991) 191 itr 356 wherein it was held that the retainer fee ..... under section 80vv is expenditure incurred on proceedings under the provisions of the act. such expenditure does not include payment towards legal opinion taken for such purposes or fees paid for filing income-tax returns. such expenses are allowable under section 37 of the act. the learned authorised representative relied upon the case of k.l. poddar ..... submissions. section 80vv was inserted by the taxation laws (amendment) act, 1975 with effect from 1-4-1976 to allow to all taxpayers having income from any source; deduction of expenditure incurred by them in respect of any proceedings before the income tax authorities or the tribunal or in court, relating to the determination of .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(3)Raj1428; 2002(5)WLN203
..... hon'ble apex court, in a large number of its judgments, dealing with various subjects, including foreign exchange regulation act, customs act, essential commodities act, income tax act, general sales tax acts of the states and central sales tax act, has elaborately held that the proceedings are not criminal or quasi-criminal in nature nor the penalty imposed under these ..... that in a lax liability, the plea of mens rea cannot be taken.22. in income tax commissioner, andhra pradesh, hyderabad v. bhikaji dadabhai & co., air 1961 sc 1265, the apex court held that penalty is an additional tax imposed upon a person in view of his dishonesty or contumacious conduct.23. in corpus juris ..... punishment including the imprisonment even in a criminal case, excluding the scope or attraction of mens rea.39. in c.a. abrahim v. income tax officer, air 1961 sc 609, the apex court laid down the guidelines in interpreting the provisions of fiscal statutes, observing as under:-'in interpreting a fiscal statute, .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(2)Raj1303; 2002(5)WLN346
..... as partner of parmeshwari textile mill, jasol. as no return for the assessment year 1994-95 was filed, a survey under section 133a of the income-tax act, 1961 (in short 'the act of 1961'), was conducted at the premises of praveen cotton mills and parmeshwari textiles mills, jasol, on november 25, 1994. during the survey operation, the assessee ..... to be a subject-matter of appeal before the learned commissioner of income-tax (appeals) in view of the provisions of section 246(1)(a) of the income-tax act, 1961, and the income-tax appellate tribunal was legally justified in deciding the same and directing the release of the impounded books of ..... ground relating to impounding of the books of account under section 131 in respect of an appeal filed against the order passed under section 144 of the income-tax act, 1961 ?(ii) whether, on the facts and in the circumstances of the case, the ground relating to impounding of the books of account would be considered .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)174CTR(Raj)1
..... a subject-matter of appeal before the learned commissioner (appeals) in view of the provisions of section 246(1)(a) of the income tax act, 1961, and the hon'ble tribunal was legally justified in deciding the same and directing the release of the impounded books of account to the assessee (iii) whether ..... entertaining the ground relating to impounding of the books of account under section 131 in respect of an appeal filed against order passed under s, 144 of the income tax act, 1961 ?(ii) whether on the facts and in the circumstances of the case, the ground relating to impounding of the books of accounts would be considered to be ..... partner of m/s. parmeshwari textile mills, jasol. as no return for the assessment year 1994-95 was filed, a survey under section 133a of the income tax act, 1961 (hereinafter referred to as 'the act '), was conducted at the premises of m/s. praveen cotton mills and m/s. parmeshwari textile mills, jasol, on 25-11-1994. during survey .....
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