Court : Patna
..... d.p. wadhwa, c.j. 1. on an application filed under section 256(2) of the income-tax act, 1961 (for short 'the act'), by the revenue in the high court of judicature at patna, a mandamus was issued to theincome-tax appellate tribunal to refer to this court, the following questions of law for its opinion in respect of the assessment year 1981- ..... , as a matter of fact, except for referring to the orders of the assessing officer, commissioner of income-tax (appeals) and the orders of the tribunal in appeal and on an application filed under section 256(1) of the act, it says nothing.the questions of law as framed, however, do indicate as to what was the ..... of the commissioner of income-tax (appeals) and dismissed the appeal of the revenue. while deciding the matter, the tribunal also took into consideration the decision of the supreme court in the case of kedarnath jute . v. cyt : [1971]82itr363(sc) . the reference application of trie revenue under section 256(1) of the act was rejected by the .....
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..... the circumstances of the case, the tribunal was justified in its finding that the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961, was without jurisdiction ?'2. against an order of assessment passed by sri n. k. shukla, income-tax officer ward-b, muzaffarpur, in respect of the assessee-firm for the assessment year 1977-78, the firm preferred an ..... by the partners and also disallowance of deduction under section 35b of the income-tax act, 1961 (hereinafter referred to as the 'said act').3. on the question of disallowance of deduction under section 35b of the said act, the commissioner of income-tax (appeals) came to the finding that since the order of the income-tax officer on the subject is silent, the matter was remanded to the file .....
Tag this Judgment!Court : Patna
..... 1. this reference under section 256(1) of the income-tax act, 1961 ('the act' for short), on an application filed by the revenue, to the income-tax appellate tribunal, patna bench, patna, has been made to this court for its opinion on the following question of law, which appertains to the assessment year 1979-80 ..... properties and promoted markets, as held by the supreme court in east india housing and land development-trust ltd. v. cit : [1961]42itr49(sc) . even that could not be enough to hold that the income derived would be income to be assessed against the head 'business'. considering the statement of facts as found by the tribunal we are of ..... in east india housing and land development trust ltd. v. cit : [1961]42itr49(sc) and submitted that the income derived by the assessee on the facts and circumstances in the present case before us would be income from property and not from business. 7. in sultan brothers private ltd. v. cit : [1964]51itr353(sc) the supreme court held that whether .....
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..... petitioners have prayed for quashing the entire criminal prosecution launched against them including the order taking cognizance dated march 3, 1992, under sections 276c and 277 of the income-tax act, 1961 (hereinafter referred to as 'the act'), in complaint case no. 14 of 1992 pending in the court of the special judge, economic offences, muzaffar-pur. 3. it is contended by learned counsel appearing ..... rea upon his part and in the absence of mens rea the prosecution under sections 276c and 277 of the income-tax act, will be an abuse of the process of the court. 4. section 276c of the income-tax act deals with wilful attempt to evade tax. the explanation to this section reads as under : 'explanation.--for the purposes of this section, a wilful attempt to .....
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..... 1975-76, a statement of case was called for by this court under section 256(2) of the income-tax act, 1961 (hereinafter in short, 'the act' only), on the following common question of law: 'whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was correct in holding that the proceedings under section 147(b) were not validly initiated ?' 2 ..... ]189itr285(sc) , has submitted that in the present case, the income-tax officer has acted within his jurisdiction in initiating the reassessment proceedings because in view of a bench decision of this court in the case of maharajadhiraj sir kameshwar singh v. cit : [1961]42itr774(patna) , the interest paid on loans for discharging the income-tax liabilities cannot be allowed as business expenditure. according to him, this .....
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..... to this court the following questions for its opinion under section 256(1) of the income-tax act, 1961 : ' (1) whether, on the facts and in the circumstances of the case, the tribunal is justified in allowing investment allowance under section 32a of the act since the goods stored in the cold storage are not produced or manufactured by the assessee ..... where it installed a generator at the cost of rs. 2,58,300 on which it claimed investment allowance under section 32a of the act amounting to rs. 64,575. the income-tax officer did not allow the investment allowance as claimed by the assessee as in his view the cold storage plant did not produce any article ..... or thing as envisaged in section 32a of the act. 5. the appeal filed by the assessee was allowed by the commissioner of income-tax (appeals) and the appellate authority accepted the assessee's claim towards the investment allowance. on further appeal filed by the revenue .....
Tag this Judgment!Court : Patna
d.p. wadhwa, c.j.1. at the instance of the revenue, on an application filed under section 256(1) of the income-tax act, 1961 (for short 'the act'), the income-tax appellate tribunal, patna bench, patna, has referredto this court the following question of law for its opinion with respect to the assessment years 1978-79 and 1979-80 : ..... to the appellate tribunal against the order of the commissioner of income-tax (appeals) was dismissed. this has led to the reference of the aforesaid question of law.5. under clause (iv) of sub-section (1) of section 36 of the act, deduction is allowed in computing the income of the assessee in respect of any sumpaid by the assessee ..... of the assessee and how that approval could be withdrawn as well. it also provides for conditions to be satisfied by the recognised provident fund. the commissioner of income-tax is authorised to relax the conditions in a given case. the employer in the present case before us is the assessee, which is a distinct entity from the .....
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..... us that such a plea could be allowed to be taken for the first time before this court in a reference under section 256(1) of the income-tax act, 1961. no other submission was urged before us. we are satisfied that the reasoning given by the tribunal in upholding the claim of the assessee is fully ..... respect of the parts of x-ray machines during the assessment years in question.5. counsel for the department contended before us that section 32a of the income-tax act, 1961, particularly, sub-section (2) thereof, made it quite clear that an assessee could not claim investment allowance unless the assessee was a small scale industrial undertaking ..... the assessee was not entitled to claim any investment allowance on these articles because they were not producing articles and things as envisaged in section 32a of the income-tax act. on appeal, the appellate assistant commissioner held that the assessee was engaged in producing x-ray films and, therefore, he fulfilled the requirement of the section. .....
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..... 's account. 3. by the aforementioned letters the petitioners were informed that wholesalers in liquor, in terms of the provisions of section 44ac of the income-tax act, 1961, are required to collect tax at the rate of 15 per cent. of the total purchase price, including excise duty, cost of labelling, bottling, etc., plus surcharge at the ..... for the sake of convenience, they are being disposed of by this order. 2. the petitioners have challenged the validity of the order of the deputy commissioner of income-tax, range ii, patna, dated june 13, 1991, whereby they were asked to furnish information regarding sales made to various retailers from april 1, 1990, to september 30 ..... purchase price in such cases will include the excise duty as well. therefore, the petitioners are certainly required as per the provisions of section 44ac of the act to collect tax at the rate of 15 per cent. of the total purchase price, including the excise duty, cost of labelling, bottling, etc., plus surcharge at the .....
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..... where a finding of fact is recorded on a wrong interpretation of law it becomes a question of law within the scope of section 256 of the income-tax act. it is, thus, to be seen whether the finding of fact referred to above is based on an erroneous interpretation of any law. as noticed above, the ..... tribunal has referred the following question of law to this court for its opinion under section 256(1) of the income-tax act : 'whether, on the facts and in the circumstances of the case, the order of the income-tax appellate tribunal refusing to grant registration to the firm is valid in law ?' 2. the material facts are as follows ; ..... . he has placed reliance on k. d. kamath and co. v. cit : [1971]82itr680(sc) ; himalaya engineering co. v. cit : [1965]57itr762(patna) ; virendra kumar avinash kumar v. cit : [1988]171itr263(all) and united patel construction co. v. cit : [1966]59itr424(mp) . 4. the term 'partnership' in the income-tax act is used in the same sense as under the indian partnership .....
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