Court : Allahabad
Reported in : [1971]82ITR495(All)
..... dougall v. s. c. h. smith, [1919] 7 t.c. 134 fully apply to his case,52. sri p. p. pachauri argued that under section 10 of the indian income-tax act, tax is payable by an assessee under the head 'profits and gains of business, professsion or vocation' in respect of the profits or gains of any business, profession or vocation carried ..... , argued that as a matter of fact the amount received by the two assessees as beneficiaries under the wakf deed cannot be considered to be their income which is liable to be taxed under the income-tax act, 1922. he urged that the amount that was being received by the two assessees was in the nature of gift from the original donor. he ..... r. 137 (s.c.) that even though the real owner of the wakf business may be god almighty, still for purposes of section 41 of the income-tax act, it will be deemed that the income was derived on behalf of the beneficiary. this decision, however, does not mean that a business carried on behalf of a beneficiary is either owned or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All457
..... 248 (of itr): (at p. 242 of air) that a case under the indian income-tax act is governed by the blott decision 1921 8 tax cas 101 and not by the swan brewery company.13. the commissioner of income-tax strongly relied upon the case of motilal : [1961]41itr382(all) (supra). the essential facts in the case were that the assessee carried on ..... that copies of this judgment shall be sent under the seal of the court and the signature of the registrar to the income-tax appellate tribunal and the commissioner of income-tax as required by section 66(6) of the income-tax act. we further direct that the assessee shall get its costs of the reference, which we assess at rs. 100/-, from ..... the sale proceeds of the bonus shares (received in respect of ordinary shares held by the assessee as a part of his stock in trade) is an income taxable under the indian income-tax act?'.the connected i. t. r. no. 193 of 1955 is another statement of a case referred by the same tribunal at another assessee's instance .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]95ITR171(All)
..... a separate legislation in that regard under entry 97 of the union list. the supreme court held that assuming that the scheme of chapter xxii-a introduced in the income-tax act, 1961, by the finance act, 1964, is governed by entry 97 of the union list, there is no prohibition against parliament enacting in a single statute, matters which call for the exercise of ..... the winnings from lotteries and gains from certain other pastimes like races, card games, gambling and betting also became taxable. the following amendments were made in the income-tax act, 1961. 4. in section 2(24), which defines ' income ', a new clause (ix) was added reading as under:' 2(24)(ix). any winnings from lotteries, crossword puzzles, races including horse races, card games and other .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]142TAXMAN267(All)
..... of minor sons.18. in the case of aditanar educational institution (supra), the apex court has held that the language of section 10(22) of the income tax act, 1961 is plain and clear and the availability of exemption should be evaluated each year to find out whether the institution existed during the relevant year solely for educational ..... unsustainable in law.12. in the case of jeewanlal (1929) ltd. (supra), the calcutta high court has held that the notice under section 263 of the income tax act, 1961 at the instance of the audit department without exercising his own discretion and judgment cannot be sustained.13. in the case of arvind jewellers (supra), the gujarat high ..... industrial co. ltd. (supra), the apex court has held that the prerequisite for exercise of jurisdiction by a commissioner suo motu under section 263 of the income tax act, 1961 is that the order of the ito is erroneous insofar as it is prejudicial to the interest of the revenue. the commissioner has to be satisfied of the .....
Tag this Judgment!Court : Allahabad
Reported in : [1966]61ITR704(All)
..... its members. section 45 to 47 of the income-tax act relate to recovery of income-tax. under section 23 the income-tax officer tax payable by him on the assessed income. 'when any tax.............. is due in consequence of any order passed under or in pursuance of this act, the income-tax officer shall serve upon the assessee or other person ..... was not the person but the business. to this extent the excess profits tax act departed from the income-tax act under which every person is to be charged with income-tax in respect of his total income of the previous year : see section 3 of the income-tax act. 'person' here includes every individual, hindu undivided family, company, local ..... had been disrupted with effect from november 10, 1942, and an order was sought for under section 25a(1) of the indian income-tax act. on march 17, 1947, the income-tax officer passed an order under section 25a(1) recognising disruption of the hindu undivided family with effect from september 6, 1943. assessment .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1936All286
..... was referred in view of difference of opinion between the judges composing this bench, the two questions, which are the subject of reference under section 66, income-tax act are answered as follows:(1) the estimate of 11 lakhs as the capital invested by the assessee is based partly on such evidence as the assistant commissioner ..... or private information in a vague and fanciful way was ultra vires. there were several hearings before the assistant commissioner. he also seems to have acted under section 31, income-tax act, in making further enquiries and taking some evidence. statements of the assessee and at least of one witness were recorded and certain books were also ..... this case has been referred to a third judge because of a difference of opinion between the two learned judges who heard this reference under section 66, income-tax act.30. the two questions for consideration are as follows:(1) whether the estimate of 11 lakhs as the capital invested by the assessee is based on such .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)67TTJ(All)247
..... not bring his books of accounts and other papers just to blackmail us, he should be penalised for not making due compliance under section 131 of the income tax act 1961.proprietors of m/s anjani traders, agra had also confirmed the transaction in his earlier statement and the transactions were got verified through adi, agra. sri ..... and be delivered in this office within 16 days of service of notice, duly verified and signed in accordance with the provision of section 140 of the income tax act, 1961.sd/-(illegible)seal of the office of central circle-ii, kanpur(dr. subhash chandra)assistant commissionercentral circle-iikanpur'11.2(b). it we test the ..... existence of illegalities in notice under attack, first of all we prefer to reproduce the notice, which runs as under:'notice under section 158bc of the income tax act, 1961.pan/gir no.. ...........block periodthe previous years relevant to ten assessment years preceding the previous year 1996-97 and includes the period upto the last date .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)35CTR(All)334; [1984]146ITR586(All); [1983]15TAXMAN24(All)
sahai, j.1. the income-tax appellate tribunal, allahabad bench, allahabad, has referred the following question of law for the opinion of this court under section 256(1) of the i.t. act, 1961 :'whether, on the facts and in the circumstances of the case, salary paid to the karta of the hindu undivided family was an allowable deduction ?'the ..... by the supreme court.3. the first aspect came up for consideration in cit v. ramniklal kothari : [1969]74itr57(sc) . it was held that profits earned by a person by himself or in partnership with others was income under section 10 of the act of 1922 and any expenditure incurred for earning it was deductible under section 10 ..... (2) of the act as business expenditure. it did not approveof the view of the calcutta high court in ishwardas subhkaran v .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]245ITR212(All); [2001]116TAXMAN555(All)
..... years 1989-90 and 1990-91 and in quashing the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961, in the light of specific clarifications of the central board of direct taxes on this issue ?(2) whether the income-tax appellate tribunal on the facts and circumstances of the case justified in law in restoring ..... by the assessee in indian currency from travel agents are eligible to relief under section 80hhd of the income-tax act, 1961, for the assessment year 1989-90 and quashing the order passed by the commissioner of income-tax passed under section 263 of the act ?'4. we, accordingly, direct the appellate tribunal to state a case and refer the aforesaid ..... 1. this is an application by the commissioner of income-tax (central), kanpur, under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal, allahabad, be directed to state a case and refer the following questions said to be of law and to arise out of the .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]273ITR305(All)
..... the facts and in the circumstances of the case, the hon'ble tribunal was legally right in deleting the addition of rs. 13,543 made by the income-tax officer under section 43b of the income-tax act, 1961?'2. the reference relates to the assessment year 1984-85. the respondent-assessee is a registered firm. it had shown a sum of rs. 13,543 as ..... payable in sales tax and as well as duty account. the income-tax officer applying the provisions of section 43b of the act disallowed the aforesaid amount on the ground that it .....
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