Court : Allahabad
Reported in : [1974]94ITR315(All)
..... 84 of the income-tax act 1961, and was entitled to an exemption of tax on a sum of rs. 13,303 on this account. thereafter, he proceeded to ..... whether, on the facts and in the circumstances of the case, the tribunal rightly held that the rebate and relief under sections 84 and 88 of the income-tax act, 1961, were to be allowed in the hands of the registered firm '6. the language of section 84 is quite clear. it provides that ..... -64, the assessee gave donations amounting to rs. 15,530. it also derived income from a newly set up industry. the assessee claimed that it was entitled to rebate in respect of the aforesaiditems, under sections 88 and 84 of the income-tax act, 1961. the income-tax officer made an order holding that the assessee was entitled to claim rebate tinder section .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]284ITR484(All)
..... has referred the following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act') for the assessment year 1986-87 for opinion to this court:whether, on the facts and in the circumstances of the case, learned income-tax appellate tribunal was legally correct in holding that the interest under section 7b of ..... , under section 7b, interest is payable on the aggregate sum of any 7 instalments of advance tax paid during any financial year. the provision of section 7b of the companies (profits) surtax act, 1964 is similar to section 214 of the income-tax act.8. we find that the andhra pradesh high court in the cases of j. and j ..... . dechane v. cit : [1990]182itr345(ap) ; bakelite hylam ltd. v. cit : [1993]202itr145(ap) , the bombay high court in the case .....
Tag this Judgment!Court : Allahabad
Reported in : (2006)203CTR(All)565
..... of the it act, 1961 (hereinafter referred to as 'act') for the asst. yr. 1986-87 for opinion to this court:whether, on facts and in the circumstances of the case, learned tribunal was legally correct in holding that the interest under section 7b of companies (profit) surtax act, 1964 was admissible to the assessee, even though, the advance tax of rs. ..... (2001) 165 ctr (delhi) 741 : (2001) 248 itr 536 , have taken a view that under section 214(1) of the act the assessee becomes entitled to interest in respect of excess payment of advance tax paid during any financial year even if the date is subsequent to the dates stipulated under section 211 for payment of such instalments.7 ..... 15th of december, 1985 but paid on 8th feb., 1986 during the financial year has been rightly treated as advance tax and has been taken into consideration for the purposes of granting interest under section 7b of the act.10. in view of the reasons stated above, we answer the question referred to us in affirmative, i.e .....
Tag this Judgment!Court : Allahabad
Reported in : [1998]229ITR522(All); [1997]95TAXMAN399(All)
..... seeks quashing of impugned order dated september 17, 1991, passed by the commissioner-respondent no. 1 under sections 273a(1) and 273a(4) of the income-tax act, 1961 (briefly, 'the act'). the facts, as briefly stated, are that during the course of assessment proceedings relating to the assessment year 1985-86, a notice was issued to ..... above, the assessee has moved a petition dated february 26, 1990, wherein he has contended that his case is covered by the provisions of section 273a(4) of the income-tax act, 1961, being a case of genuine hardship . . . . . . the penalties levied by the assessing officer amount to rs. 6,95,000 (rs. 6,00,000 ..... the balance-sheet.'5. penalty proceedings under section 271(1)(c) of the act were initiated for having concealed the particulars of income and for having furnished inaccurate particulars of the same by the assessing authority. in the penalty order, the assistant commissioner of income-tax, i.e., the assessing officer observed as under :'. . . therefore, .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]319ITR363(All)
..... following question of law under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court:whether, on facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the income of the assessee-trust is exempt on the interpretation of the ..... provisions of sub-section (4a) of section 11 of the income-tax act, 1961?2. briefly stated the facts giving rise to the present reference ..... the spiritual upliftment of masses in general leading them to involve in social welfare activities. the trust was registered with the commissioner of income-tax under section 12a of the income-tax act and had also been granted benefit of section 80g, vide the commissioner's order dated february 22, 1989, originally, there were four .....
Tag this Judgment!Court : Allahabad
Reported in : [1961]43ITR254(All)
..... of loom hours allotted to it for the purpose of carrying on the business of a jute mill. on the assessees application under section 66(1) of the income-tax act, the question mentioned above has been referred to this court along with a statement of facts.mr. pathak, learned counsel for the assessee, contended that on the ..... of the assessees business. learned counsel contended therefore that the amount was not liable to tax. he contended that under section 4(3)(vii) of the income-tax act also it was not liable to tax. he further said that under section 10 of the income-tax act, tax could be levied only in respect of the profits or gains of any business, profession ..... or were receipts of a casual and non-tuckering nature not arising out of the business of the assessee and, therefore, exempt from income-tax under section 4(3)(vii) of the income-tax act. the tribunal did not accept the assessees contention and held that these receipts were neither of a capital nature nor were they exempt from .....
Tag this Judgment!Court : Allahabad
Reported in : [1976]104ITR291(All)
..... profit rate thereon is made, no penalty under section 271(1)(c) can be imposed. section 143 of the income-tax act,1961, read with section 145 of the act clearly contemplates that in a case where the assessee files a return of its income and the income-tax officer is either not satisfied that the method employed by the assessee in maintaining its account books is such ..... the order of the inspecting assistant commissioner toshow that in coming to the conclusion that the assessee had concealed orfurnished inaccurate particulars of its income, he relied upon the explanation to section 271(1)(c) of the income-tax act, 1961, the appellatetribunal, however, did not go into the question whether, in the circumstances of the case, inference drawn by the inspecting assistant commissioner that .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]110ITR834(All)
..... of the constitution, the petitioner has prayed for issue of a writ quashing the notices issued to it (the petitioner) under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment years 1963-64 to 1968-69, and for issue of a writ of prohibition restraining respondent no. 1, the ..... to reduce the profits received from h. manoryltd. in that view the ito treated the entire income of rs. 1,62,155 asthe income of the assessee. later, the ito issued a notice to the assesseeunder section 34 of the indian income-tax act, 1922, to reopen the assessment for the year 1949-50 and to assess the amount of ..... hand, the learned standing counsel contended that the above case was clearly distinguishable from the present case inasmuch as the ito there had acted merely on a general circular issued by the commissioner of income-tax as to the bogus nature of transactions of certaincreditors, but that in the present case, the ito, azamgarh, had himselfentertained a doubt .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]47ITR311(All)
..... object, unless crucial omission or clear direction makes that end unattainable.'it, therefore, appears to me that the word 'assets' in section 24b(1) of the income-tax act should be interpreted to include not merely the corpus but also the usufruct of the asset left by the deceased and it should make no difference that the usufruct ..... is a writ petition under article 226 of the constitution of india. the relief prayed for by this writ petition is that notice under section 46(5a) of the income-tax act, dated 28th june, 1957, be quashed and attachment of the rents of the house known as ujagar bhawan, situate at birahana road, kanpur, be raised.the facts ..... . the proceeding in both the cases is for collection of moneys adjudged to be due. in regard to such collection, under the income-tax act, it has been observed, with reference to the collecting section in the english income-tax act, by lord parker, in a case, drummond v. collins, as follows, at page 540 :'this section is a collecting section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All444; 157Ind.Cas.1000
..... sum of rs. 90,669 being included as part of the income of his joint family for the purposes of super-tax on the ground that the same was exempt from payment of super-tax under section 55. proviso, income-tax act the objection was overruled. the income-tax commissioner was directed by an order of this court dated 25th august ..... 1933, to submit a case for the determination of the following question:whether the applicant is liable to pay, super-tax on that part of its income which represents ..... company, unregistered firm or other association of individuals, not being a registered firm, an additional duty of income-tax (in this act referred to as super-tax) at the rate or rates laid down for that year by act of the indian legislature. provided that, where the profits and gains of an unregistered firm have been assessed .....
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