Court : Allahabad
Reported in : [1998]231ITR124(All)
..... , on the facts and in the circumstances of the case, the tribunal was justified in accepting the assessee's claim for deduction under section 80g of the income-tax act, 1961, in respect of the donation of rs. 15,000 made to sri dwarka das v. d. balika vidyalaya malsisar ?'2. we have heard learned standing ..... deduction as contemplated under the provisions of section 80g of the act. the income-tax appellate tribunal, however, allowed the claim of the assessee in the following words :'to the query raised by us, neither the assessee nor the revenue could show us any provision under the income-tax act, 1961, whereby an approval of the central government is required in ..... respect of the deduction claimed under section 80g of the act. in our opinion the provisions of clause (i) of sub-section (5) of section 80g of .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)34CTR(All)72; [1984]145ITR588(All); [1983]12TAXMAN345(All)
..... to show that it is to be treated as tax, and it thus retains its character of interest but is recoverable along with the tax. indeed, section 29 of the income-tax act makes a distinction between tax, penalty and interest. since section 23a speaks of deduction only of income-tax and super-tax, no deduction could be made in respect of this ..... supreme court in the case of bhor industries ltd. v. cit : [1961]42itr57(sc) , wherein while considering the question as to whether or not the interest that was charged to the company under section 18a ought to have been deducted along with the income-tax before the fictional dividends as contemplated by section 23a as it ..... was justified in holding that the penal interest should be taken into consideration for judging the smallness of the profit for the assessment years 1957-58 to 1961-62, it was not justified in holding that the difference between the depreciation claimed and the depreciation allowed should also have been taken into consideration for .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)
..... to this court :'whether the tribunal was justified in confirming the view taken by the cit(a) holding that sub-clause (a) of expln. 4 appended to section 271(1)(c) of the it act, 1961, was applicable only if there was a positive income of an assessee and not applicable where even as a result of the detection of concealment ..... or furnishing of inaccurate particulars of income, loss shown by such assessee got reduced or waived off ?'2. the brief ..... gains, dividends or other benefits derived only. loss cannot possibly be termed as income. under section 139(1) of the act, a person is required to furnish a return only if his total income during the previous year exceeded the maximum amount, which is not chargeable to income-tax. if the same falls short of the maximum amount, which is not .....
Tag this Judgment!Court : Allahabad
Reported in : (1981)20CTR(All)141; [1981]127ITR97(All); [1981]5TAXMAN211(All)
..... 'property of which the assessee is owner ', used in section 9 of the 1922 act and 'the property owned by the assessee' used in section 32 of the 1961 act, is the same. whereas under section 9 of the indian i.t. act, 1922, income-tax is payable by an assessee in respect of the annual value of the property consisting of ..... owned by the agro corporation.9. section 9(1) of the indian i.t. act, 1922, which corresponds to section 22 of the i.t. act, 1961, laid down that income-tax shall be payable by an assessee under the head 'income from property' in respect of the bona fide annual property consisting of any building or land appurtenant thereto of which ..... he is the owner. section 32 of the i.t. act, 1961, provides for a deduction or allowance being .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)194CTR(All)465; [2005]276ITR443(All)
..... the settlement deed. they were merely boi and not an aop with any intention to carry on common activity to produce taxable income and, therefore, the assessment of the trust would be made under section 161(1) of the it act, 1961.21. in the case of padmavati jaykrishna trust (supra), the gujarat high court was considering a case where under the term ..... ltd. (supra), the apex court has held that the prerequisite for exercise of jurisdiction by a cit suo motu under section 263 of the it act, 1961, is that the order of the ito is erroneous insofar as it is prejudicial to the interest of the revenue. the cit has to be satisfied of the twin conditions, namely, (i) the order of the ao ..... of the courses permissible in law and it has resulted in loss of revenue and where two views are possible and the ito has taken one view with which the cit does not agree, it cannot be treated as erroneous order prejudicial to the interests of the revenue, unless the view taken by the ito is unsustainable in law.12. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1969All317
..... submitted that the adhiniyain conflicts with the indian income tax act and for that reason by virtue of the provisions of article 254 of the constitution the income-tax act would supersede the adhiniyam. the submission is based upon a wrong assumption. i have already stated earlier that the impugned tax is not a tax on income and that it clearly falls under entry 60 ..... and would not be subjected to any judicial review or scrutiny on that account see atiabari tea company v. state of assam : [1961]1scr809 and hingir rampur coal co. v. state of orissa : [1961]2scr537 .15. at this stage i would like to refer to the statement of the objects and reasons as mentioned in the bill ..... element of quid pro quo in the shape of some protection given or service rendered or amenity provided in return by the taxing authority. it was pointed out by gajendragadkar, j. in : [1961]2scr537 that compulsion to pay attaches to both licence fee and taxes, and that there is a concept of a 'quid pro quo' between the .....
Tag this Judgment!Court : Allahabad
Reported in : [1993]202ITR405(All)
..... . anwar ali : [1970]76itr696(sc) , the provisions of section 28(1)(c) of the indian income-tax act, 1922, were considered. section 28(1)(c) of that act contained corresponding provisions relating to imposition of penalty as are to be found in section 271(1)(c) of the income-tax act, 1961. the first point which fell for determination was whether the imposition of penalty is in the ..... s.n. sahay, j.1. this reference has been made by the income-tax appellate tribunal under section 256(2) of the income-tax act, 1961, in pursuance of the order of this court dated may 5, 1988. the questions which have been referred to this court are as follows :'(1) whether, on the facts and .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]104ITR214(All)
..... both of facts and law and to apply appropriate legal provisions, as has been pointed out by the supreme court in the case of calcutta discount co. ltd. v. income-tax officer : [1961]41itr191(sc) :'once all the primary facts were before the assessing authority, it was for him to decide what inferences of facts could reasonably be drawn and what legal inferences ..... its dissolution was bad in law. the tribunal rejected both the contentions. hence, this reference.3. the first question relates to the applicability of section 34(1)(a) of the act, while the second question is based upon the alternative contention that after the dissolution of the family, no assessment could be made against it. it is conceded by the learned .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)188CTR(All)525; [2004]268ITR214(All)
..... counsel for the department.2. the petitioner has prayed for a writ of certiorari quashing the appointment of respondent no. 4 as special auditor by the cit, ghaziabad, under section 142(2a) of the it act.3. we have gone through the averments in the writ petition. from a perusal of annex. ix to the writ petition it appears that there ..... section 13(3) of the it act. the addl. cit, therefore, recommended that the ao may consider the case for special audit under section 142(2a) ..... the assessee are also to be examined in the light of its proper utilisation for charitable purposes. the addl. cit, range-2, ghaziabad, was of the opinion that in the absence of the books of accounts, prima facie the income of property of the society is indirectly diversion of the funds for the benefit of persons referred to in .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]73ITR466(All)
..... 24-5-1968).28. the present reference covers two questions. the first question is whether in the instant case action taken under section 34 of the indian income-tax act, 1922, was within time. the second question is whether action under section 34 was permissible in spite of the fact that the assessee had filed returns at ..... expressed on the question. das, kapur and sarkar jj., who constituted the majority, agreed in holding that the second proviso to section 34(3) of the income-tax act, 1922, in so far as it authorises the assessment or reassessment of any person other than the assessee beyond the period of limitation specified in section 34 in ..... the family claimed total disruption in the assessment year 1948-49 and applied for an order under section 25a(1), indian income-tax act, 1922 (hereafter referred to as the act), but the application was rejected by the income-tax officer. in the alleged partition, the business carried on by the family was allocated to sool chand and ramsewak. these .....
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