Court : Delhi
Reported in : [1984]146ITR66(Delhi)
..... or lands appurtenant thereto of which the assessed is the owner, excluding the portion occupied for business or professional purposes, shall be chargeable to income-tax under the head 'income from house property.' section 23 of the act, as it was in force for the relevant period which laid down how the annual value is to be determined read as under : ' ..... receipts have to be regarded as the annual letting value. the tribunal further held that there was nothing in the language of s. 23 of the i.t. act, 1961, to suggest that the annual value of the property as received should be ignored and the municipal value only should be adopted even though it was less. accordingly, ..... property, one-half of the total amount of such taxes shall be deemed to be the tenanat's liability : provided further that in the case of a building comprising one or more residential unties the erection of which is begun and completed after the 1st day of april, 1961, the annual value as determined under this sub-section .....
Tag this Judgment!Court : Delhi
Reported in : [1981]131ITR77(Delhi)
..... in kartar singh's case : [1969]73itr438(delhi) that even where the owner has diverted the income from house property at source, he would continue to be liable to pay income-tax on the annual letting value subject to specific deductions given in the act. the situation in the case r. b. jodha mal kuthiala : [1971]82itr570(sc) was also ..... and no question of law could arise there from. the only question left for consideration was, thereforee, whether in the circumstances the assessed could be assessed on the income from the property though it had not realized any rent in respect of the year under consideration. the tribunal pointed out that so far as this question was concerned ..... c. anand and sons, is an huf. its previous year for income-tax purposes is the financial year. 2. the assessed was the owner of a house property at mulund in bombay. the property had been let out by the assessed-family to m/s. gabriel india ltd., sometime in 1961. m/s. gabriel india ltd. (hereinafter referred to as ' .....
Tag this Judgment!Court : Delhi
Reported in : 1994IAD(Delhi)1100; (1994)119CTR(Del)84; 54(1994)DLT642; [1994]210ITR557(Delhi)
..... records were not examined. the tribunal accordingly allowed the assessed's appeal for the assessment years 1966-67 and 1967-68. 8. section 41(1) of the income-tax act, 1961, the provision relevant for the present purpose, reads as under : 'where an allowance or deduction has been made in the assessment for any year in respect of ..... , accepted the assessed's contention. in paragraph 1, he wrote as follows : 'your proposal to offer for taxation the following amounts under section 41 of the income-tax act, 1961, is accepted : rs.assessment year 1965-66 28,51,593assessment year 1966-67 4,27,168assessment year 1967-68 2,57,500 5. you may proceed to make ..... in the account books indicating cessation of liability with a corresponding credit to the profit and loss account, these amounts could be offered under section 41 of the income-tax act, 1961. to quote from his application (paragraph 9) - 'that if the first settlement subject to the scheme of payment suggested by the applicant is accepted, he .....
Tag this Judgment!Court : Delhi
Reported in : [1981]132ITR790(Delhi)
..... the firm, a portion of which was occupied by its partners for their personal residence, a deduction was permissible under section 23(2) of the income-tax act, 1961?'whereas, the question in income-tax reference no. 11 of 1974 reads : 'whether on the facts and in the circumstances of the case the tribunal was right in holding that ..... be the occupation of the owner firm. (15) however, on a closer examination, taking into consideration the scheme and other relevant provisions of the income-tax act, 1961 and the partnership act, we feel that the expression 'occupation of the owner for the purposes of his own residence' would only refer to a human owner and not ..... the format of the question referred for our opinion under section. 256(1) of the income-tax act, 1961 (1961 act) at the instance of the commissioner of income-tax in each of the two cases is not exactly identical, the substance is the same. (2) in income-tax reference no. 87 of 1972, the question formulated is: 'whether on the facts and .....
Tag this Judgment!Court : Delhi
Reported in : (2007)208CTR(Del)466; 139(2007)DLT22; [2007]290ITR359(Delhi)
..... the search 'would certainly lead one to believe that, in the ordinary course, petitioner no. 1 [lajpat rai] would not comply with the notice under the income- tax act and produce the material in his possession which would be adverse to the company and the said relatives,. the search which had already been simultaneously conducted was found to ..... not impressed with the argument that these writ petitions became necessary only upon the issuance of the impugned notice dated 10.7.2006 under section 153a of the income-tax act since the gravamen of this legal action is predicated on the search. this would have been sufficient reason for us to dismiss the writ petitions as being ..... of the belief relating to escapement of the income of the assessed from assessment. the fact that the words 'definite information' which were there in section 34 of the act of 1922, at one time before its amendment in 1948, are not there in section 147 of the act of 1961, would not lead to the conclusion that action .....
Tag this Judgment!Court : Delhi
Reported in : ILR1980Delhi896; [1981]127ITR136(Delhi)
..... in (b). however, in respect of the latter, the recipient could claim appropriate relief of spread over (which, it may be noted, is available under section 89 of the income-tax act, 1961).' this memo also refers to steps being on foot to amend the rules accordingly which, as noted earlier, was done on april 9, 1973, with the benefit covering all cases ..... for exemption. further, it was also not disputed that 'rule 37a was added primarily to introduce uniformity in the matter of exemption under s. 10(10a) of the income-tax act, because, but for this rule, the entire amount in lieu of pension receivable by a civil servant on absorption would be exempt from ..... in the indian income-tax act, 1922(11 of 1922), any sum due to or received by any person in commutation of pension shall not be included and shall be deemed never to have been includible in computing the total income of such person under the provisions of that act.' 3. the language of s. 17(3) of the i.t. act, 1961, corresponds to that .....
Tag this Judgment!Court : Delhi
Reported in : (1985)46CTR(Del)23; ILR1985Delhi77; [1985]156ITR796(Delhi)
..... , j.1. this petition under article 226 of the constitution of india seeks a writ of mandamus directing the respondents to make a refund of tax on provisional assessment under section 141a of the income-tax act, 1961, for the assessment year 1973-74. 2. the petitioner, m/s. b. k. khanna & co. p. ltd., is a private limited ..... advance tax under s. 210 of the act for the assessment year 1973-74 (financial year 1972-73). the company paid advance ..... with registered office at no. 14-f, connaught place, new delhi. the income-tax officer, special circle ix, new delhi, who had at the relevant time the jurisdiction in respect of the assessment of the petitioner under the income-tax act, 1961 (hereinafter referred to as 'the act'), issued on may 23, 1972, a notice of demand for payment of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1982Delhi657
..... the firm, a portion of which was occupied by its partners for their personal residence, a deduction was permissible under section 23(2) of the income-tax act, 1961 ?' 3. whereas, the question in income-tax reference no. 11 of 1974 reads : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that ..... firm has been regarded as a separate assessable entity. 18. a registered firm is regarded as an entity distinct from its partners, for the purposes of income-tax. section 4 of the 1961 act, which is the charging section, refers to every person. person has been defined in s. 2(31) which enumerates the categories of assesseds. section 2 ..... format of the question referred for our opinion under s. 256(1) of the i.t. act, 1961 (1961 act), at the instance of the commissioner of income-tax in each of the two cases is not exactly identical, the substance is the same. 2. in income-tax reference no. 87 of 1972, the question formulated is : 'whether, on the facts and .....
Tag this Judgment!Court : Delhi
Reported in : (1985)45CTR(Del)9; [1985]154ITR493(Delhi)
..... court : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was legally correct in holding that rs. 1,34,390 was income assessable under section 41(2) of the income-tax act, 1961, in respect of the assessment year 1966-67 ?' 2. the assessed is a limited company which had been running an electric supply undertaking. the assessment year ..... 1966-67 in question, it was in this year that the question of its inclusion in the total income of the assessed came up for consideration. the i.t. act, 1961, had come into force long before that on the repeal of the old act of 1922. thus the basis as to how and in which year the balancing charge was includible ..... of the assets for the assessment year 1966-67. the itr took the view that the balancing charge under s. 41(2) of the act of 1961 was liable to be included in the assessed's total income for the assessment year 1966-67. he determined this balancing charge at rs. 1,34,390 by deducting from the compensation amount of rs .....
Tag this Judgment!Court : Delhi
Reported in : (1985)49CTR(Del)249; ILR1985Delhi299
..... for short, the company, its chairman, director and secretary, to quash 220 complaints against them filed by the income-tax officer, company circle, respondent herein, for offences under section 276b of the income-tax act; 1961, for short, the act, and the orders summoning the petitioners in the complaints to stand their trial not only for an offence under the ..... act but also for an offence under section 409 of the indian penal code.2. prior to ..... deducted from the payments made to them to the central government under the income-tax act nor returned the amounts to them'. the complaints then refer to the orders of the income-tax officer and of the appellate assistant commissioner of income-tax, which were eventually set aside by the tribunal on the ground that the .....
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