Court : Allahabad
Reported in : [1998]232ITR588(All); [1998]100TAXMAN140(All)
..... october 18, 1974, the business and residential premises of the assessee and that of smt. joya varshney were subjected to search under section 132 of the income-tax act, 1961 (for short 'the act'). it was discovered that the assessee maintained two wives, namely, smt. praful lata varshney and smt. joya varshney. the first wife was living in ..... tribunal was justified in law in confirming penalties for the assessment years 1972-73, 1973-74 and 1974-75 under section 271(1)(c) of the income-tax act, 1961 ?' 2. sushil kumar sarad kumar in the years under consideration was a proprietary concern of one sushil kumar varshney (hereinafter referred to as 'the assessee') ..... inadequate considering the size of the family, the standard of living and other factors. eventually, the income-tax officer inflicted varying amounts of penalty upon the assessee for each year under section 271(1)(c) of the act with the following remarks :'it has been established that he deliberately showed nominal withdrawals for meeting .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All338
..... that the notices were valid. the notices and the assessment orders were held to be valid because of section 44 of the income-tax act made applicable to assessment and collection of excess profits tax. 13. the facts in muthappa chettiar v. income-tax officer : [1961]41itr1(ap) were as follows. muthappa and thyagrajan were partners of a firm which carried on business, the latter being the ..... subject of the assessment 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 authority and every firm or other association .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All291; [1954]25ITR472(All)
..... that the orders of assessment passed in all the six yearsmentioned above were set aside.6. the commissioner thereupon asked for a reference under section 66 (1), income-tax act, and the tribunal decided to make a referenceand has referred to this court six questionsfor decision.7. the questions referred for decision areset out in para. 20 ..... may mention that stress has also been laid on the word 'general' in the definition of the words 'charitable purpose' at the end of section 4, indian income-tax act. charitable purpose has been defined as 'including relief of the poor, education, medical relief, and the advancement of any other object of general public utility'. stress is ..... distinctfrom any section of the public.' with great respect to the learned chief justice we find it difficult to accept this view.a reference to section 4, income-tax act, itself would show that by the words 'general public utility' the legislature could not have meant that the trust must be for the benefit of the .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All652; [1951]19ITR342(All)
..... expenditure of rs. 7,512 incurred in connection with a criminal litigation was an admissible expenditure within the meaning of section 10 (2) (xv), i.-t. act?' section 10 (2) (xv), income tax act, is as follows :'such profits or gains shall be computed after making the following allowances, namely :(xv) any expenditure (not being in the nature of capital ..... 1943-44 & rs. 47,029 from the assessment year 1944-45 could be legally deemed to have been received in british india & were liable to tax under section 4 (1), income-tax act?'the tribunal's finding on the point is as follows:'the assessee's counsel does not dispute the contentions of the dept. that the sum has been ..... by it to the head office. interest in such cases should be deemed to have been received in british india, & it is clearly liable to tax under section 4 (1) (a), income-tax act. the amounts in dispute have been rightly added in the assessment.' 5. on the admissions made by the learned counsel for the assessee there can be .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All170; [1966]61ITR6(All)
..... the assessment proceedings being confidential, no notice could have been affixed on the notice board. we see no force in either contention. section 63 of the income-tax act permits the service of a notice under the act by the mode set out in order 5, rule 20 and in order to apply the provision it must be read as if reference to the ..... whether the amount of rs. 62,500 was liable to tax under section 4 (1) (b) (iii) of the indian income-tax act? 2. we shall consider the questions seriatim.3. upon the language of the first question we confess that we find it difficult to appreciate clearly what ..... by the issue of a notice under section 34 of the indian income-tax act fell within the ambit of section 34 (1) (a) of the act or under section 34 (1) (b) of the act? 2. whether the service of the notice under section 34 of the indian income-tax act by affixture on the residential house of the assessee was legal and proper? 3 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1966All176; [1967]63ITR555(All)
..... family is deemed to continue to be a hindu undivided family. section 171(1) of the income-tax act, 1961 is to the same effect. it says:--'a hindu family hitherto assessed as undivided shall be deemed for purposes of this act to continue to be a hindu undivided family, except where and in so far as a ..... of partition has been recorded by the income-tax officer in this case. for the purpose of the income-tax act, the family continued to be joint. the levy and collection of income-tax is the main purpose of the income-tax act. the recovery proceedings for realizing the tax demand, are proceedings for purposes of the income-tax act. they are being conducted against the ..... institution of the partition suit or its being decreed will not cause disruption of the hindu undivided family for the purposes of the income-tax act. section 25-a, clause (3) of the income-tax act 1922 says:--'where such an order has not been passed in respect of a hindu family hitherto assessed as undivided, such family shall .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1962All291
..... therefore a writ of certiorari could be issued to correct the error.13. section 3 of the income-tax act reads as follows :--'3. charge of income-tax.--where any central act enacts that income tax shall be charged for any year at any rate or rates tax at that rate or those rates shall be charged for that year in accordance with, and subject ..... common order for they raise common questions of fact and law. writ partition no. 1553 of 1958 relates to proceedings under section 34 of the income-tax act and rule 6-b of the income-tax rules in respect of the assessment year 1949-50 while writ petition no. 1370 of 1959 relates to similar proceedings for the assessment year 1950 ..... registered firm and the instrument of partnership dated the 28th of march 1947 was the basis of the registration of the firm under section 26-a of the income-tax act. it appears that on the 27th of november 1952, another instrument of partnership was exe-cuted according to which the constitution of the firm became as follows: .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1967All352; [1966]59ITR109(All)
..... ]53itr114(sc) (supra).10. it is contended for the department that kalicharan's case : [1961]41itr40(all) (supra) and gajapathy naidu's case : [1964]53itr114(sc) (supra) were decided on the provisions of the income-tax act, and that the instant case, which concerns itself with the excess profits tax act, falls to be decided on the view taken by the courts in england. we find ..... period shall be computed on the same basis and in the same manner as the profits of that business are under the income-tax act, as amended by the income-tax (amendment) act, 1939, computed for the chargeable accounting period, notwithstanding that the income-tax (amendment) act, 1939, may not have been in force in the standard period. this provision also demonstrates that the computation of profits in a .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]72ITR512(All)
..... the question was whether the sum of rs. 40,000 received by her as her remuneration in the relevant account year was salary chargeable under section 7 of the income-tax act, 1922. sir leonard stone c.j., who delivered the leading judgment, held that the amount paid to the lady was neither salary nor wages because she, as ..... in bhopal where the manufacturing operations were carried on. at all material times, bhopal was an indian state to which the indian income-tax act, 1922, as it then stood (hereafter referred to as the act), did not apply.3. the directors were entitled to receive sitting fees for attending meetings of the board under article 105a and ..... in that country. the question before the house of lords was whether the remuneration received by the assessee was liable to tax in england under schedule e, rule 6. schedule e of the income tax act, 1918, provided :'tax under schedule e shall be charged in respect of every public office or employment of profit.'25. rule 6 laid down .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1973All532; [1973]90ITR73(All)
..... meant to disentitle a firm to the deduction of expenditure incurred for purposes of business as allowed under sub-section (2) of s. 10 of the income-tax act. now the distribution of profit between the partners can only be according to the terms of partnership arrived at between the partners by mutual consent. no ..... 3 supra, made to partners for performing certain functions under the essential supplies (temporary powers) article was not inadmissible under section 10 (4) (b) of the income-tax act, 1922?'4. the reference came up for hearing before a division bench of this court which expressed the opinion that the decision in : [1970]76itr123(all) ..... income-tax act, 1922, on the ground that they were made to partners by the firm. on appeal the income-tax appellate tribunal allowed these payments following its order for the assessment years 1955-56 and 1956-57 in the i. t. a. nos. 3754 and 3755 of 1961-62. at the instance of the commissioner of income-tax, u. p. ii, lucknow, the income-tax .....
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