Court : Allahabad
Reported in : [1977]107ITR533(All)
..... under section 30. the levy of interest comes after the tax under section 23 has been determined. the income-tax act has made a clear distinction between tax, penalty and interest, as is clear from section 29, which reads :'29. when any tax, penalty or interest is due in consequence of any order passed ..... the decisions of the supreme court in the case of c. a. abraham v. income-tax officer : [1961]41itr425(sc) and commissioner of income-tax v. bhikaji dadabhai & co. : [1961]42itr123(sc) and had reiterated its earlier view expressed in commissioner of income-tax v. jagdish prasad ramnath : [1955]27itr192(bom) . we are in respectful ..... act. the determination of tax, which has been made appealable, is that which is made under section 23. penal interest is levied not under section 23 but under section 18a(6). thus, even if penal interest is tax, the same is not appealable. the same is true about the observations of the supreme court in the case of c.a. abraham v. income-tax officer : [1961 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1950All620; [1951]19ITR314(All)
..... and section. 26 (2), income-tax act was applicable. it is true that at that time the income tax act had not been amended and section 24b had not been introduced, but section 24b does not appear to have replaced section 26 (2 ..... been served on him the maharaja died, he was carrying on a number of businesses to which his son succeeded. the question was whether section 26 (2), income-tax act was applicable, their lordships of the judicial committee came to the conclusion that the new maharaja must be deemed to have succeeded to the businesses of his father ..... directed the commissioner to state the case and refer the same to this court in accordance with the provisions of unamended section 66 (3), income-tax act. on receipt of that order the commissioner of income-tax has referred to us the following question:'whether in the facts and circumstances of the case, the profit of rs. 5438/- which had .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]89ITR298(All)
..... -firm in spite of repeated requests and reminders. section 131(3) of the income-tax act, 1961, authorises the income-tax officer to impound any books of account after recording his reasons for so doing. this provision further provides that the income-tax officer shall not retain custody of any such books of account for a period exceeding ..... 2. the petitioner challenges the validity of the notice issued under section 148, income-tax act, 1961, on the following grounds :(1) that the income-tax officer had, in fact, no material to entertain a belief that any part of the income had escaped assessment. he acted merely on suspicion. (2) that the escapement, if any, was not ..... and wanted a satisfactory answer. nothing seems to have happened thereafter for some time till 15th july, 1969, when the income-tax officer, circle i(7), kanpur, issued a notice under section 148, income-tax act, 1961, reopening the assessment for the year 1955-56, on the ground that he had reason to believe that the petitioner .....
Tag this Judgment!Court : Allahabad
Reported in : [1994]205ITR457(All)
..... of rs. 1,28,107 paid by it to its workmen as bonus. thereupon, the petitioner, moved an application under section 254(2) of the income-tax act (hereinafter called as 'the act') for rectification of the order dated august 21, 1992. the tribunal, vide its order dated march 3, 1993, dismissed the said application. the petitioner ..... agarwal for the department. admittedly, the petitioner is pursuing an alternative remedy available to it by moving an application under section 256(1) of the act before the income-tax appellate tribunal. it is an established view of law that where a person is pursuing an alternative remedy, the high court would not interfere in writ ..... thereafter filed an application under section 256(1) of the act before the income-tax appellate tribunal for requiring the appellate tribunal to refer to the high court the question of law arising out of the order dated august 21, 1992. .....
Tag this Judgment!Court : Allahabad
Reported in : [1993]201ITR449(All)
..... of the income-tax act, 1961 2. whether the appellate tribunal was legally correct in holding that the appellate assistant commissioner of income-tax was justified in entertaining the appeals filed by the assessee with respect to the charge of interest under section 217 of the income-tax act, 1961 ?' 2. so far as question no. 1 is concerned, the supreme ..... of the revenue, the appellate tribunal has referred the following question under section 256(1) of the income-tax act, 1961, for the opinion of the court :' 1. whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the income derived by the radhaswami satsang, a religious institution, is entitled to exemption under sections 11 and 12 .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]114ITR70(All)
..... that the business of printing press run by the assessee constituted a business of providing credit facilities to its members within the meaning of section 81(i)(a) of the income-tax act, 1961 ? (2) whether, on the facts and in the circumstances of the case, the tribunal was legally correct in holding that the assessee is entitled to exemption of rs. 15,000 ..... other than those referred to in sub-clause (d) of clause (i) of section 81 of the income-tax act, 1961 ?' 2. section 81 deals with the assessment of income of co-operative societies and, so far as material for our purposes, reads :'81. income of co-operative societies.--income-tax shall not be payable by a co-operative society- (i) in respect of the profits and gains .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]110ITR378(All)
..... tribunal was justified in upholding the cancellation of registration in the case of the assessee-firm for the assessment year 1964-65 under section 186(1) of the income-tax act, 1961 '3. section 184 of the act deals with the registration of firms. it provides that an application for registration may be made on behalf of a firm if--(i) the partnership is evidenced ..... r.l. gulati, j.1. this is a reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act').2. the assessee is a firm. it came into existence on 1st april, 1963. it had two partners, krishna gopal and om prakash, who are brothers. in the assessment year ..... ]83itr175(sc) . in that case, a firm applied for renewal of registration for the assessment year 1948-49 under section 26a of the indian income-tax act, 1922. the application was signed by all the partners and in paragragh 3 thereof they appended a certificate to the effect that ' the profits of the previous year were divided .....
Tag this Judgment!Court : Allahabad
Reported in : [1971]79ITR18(All)
h.n. seth, j. 1. this is a reference under section 256 of the income-tax act, 1961. smt. priti lata samanta, the assessee, is a widow and a partner in a firm known as messrs. students friends. her two minor sons were admitted to the benefits of ..... of the supreme court in sodra)devi's case was under section 16 of the income-tax act of 1922, whereas the present case was governed by section 64 of the 1961 act. the wordings of section 64 of the 1961 act are different from the wordings of section 16 of the 1922 act, and that it is now not open to the assessee to contend that the ..... a partner was rightly included in the assessment of the assessee under the provisions of section 64(ii) of the income-tax act ' 2. section 64 of the act runs as follows : ' in computing the total income of any individual there shall be included all such income as arises directly or indirectly- (i) to the spouse of such individual from the membership of the spouse in .....
Tag this Judgment!Court : Allahabad
Reported in : [1970]76ITR194(All)
..... the relevant assessment years.9. as already stated, the assessee-company manufactures and deals in yarn as well as in cotton. section 10(1) of the income-tax act, 1922, lays down :'the tax shall be payable by an assessee under the head 'profits and gains of business, profession or vocation' in respect of the profits or gains of any business, ..... under consideration can be regarded as the profits and gains of the business carried on by the assessee. in the case of agra bullion exchange ltd. v. commissioner of income-tax, [1961] 41 i.t.r. 472, 480 a bench of this court had to decide an identical question in similar circumstances. there, it appears, a sum of rs. ..... present case is fully covered by the earlier decision of this court in agra bullion exchange ltd. v. commissioner of income-tax, [1961) 41 i.t.r. 472. we hold, therefore, that the amounts in question do not constitute the income of the assessee at all.19. having regard to our findings above we would answer question no. i in the .....
Tag this Judgment!Court : Allahabad
Reported in : (1979)8CTR(All)170; [1981]129ITR475(All)
..... to raise the ground. in new india life assurance co. ltd. v. cit : [1957]31itr844(bom) , the bombay high court had occasion to deal with the scope of section 33(4) of the indian -i.t. act, 1922, which is in pari materia with section 254 of the i.t. act, 1961. dealing with this, chagla c.j. observed (p. 855):' the ..... and found that the deduction claimed by the assessee-firm on the amounts given to ram deo marolia out of the borrowings was not admissible. the addition to the income of the assessee-firm of the amount which ought to have been charged from its partners on the amount given on loan was inseparably connected with the deduction claimed ..... decision before the tribunal when it held that the interest having not been actually and really charged from ram deo marolia by the assessee, the addition made to the income of the assessee was unjustified. after this finding had been recorded by the tribunal, the question arose whether the assessee was entitled to the deduction of the amount of .....
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