Court : Madhya Pradesh
Reported in : [1985]152ITR11(MP)
faizan-ud-din j.1. by this reference under section 256(1) of the i.t. act, 1961 (hereinafter referred to as ' the act'), the income-tax appellate tribunal, indore bench, indore, has referred for the opinion of this court the question of law as follows :' whether, on the facts and in the ..... circumstances of the case, the tribunal was justified in upholding the disallowance of the remuneration paid to shri nandkishore, being the karta of the family, for rendering services to earn the income ..... is whether the remuneration paid to the karta of the huf for carrying on the family business is allowable as deduction while computing the income of the huf or not. in jugal kishore baldeo sahai v. cit : [1967]63itr238(sc) , their lordships of the supreme court have observed that the test that should always be applied is whether .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]176ITR111(MP)
..... . c.j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of the case, the income-tax officer was justified in dismissing the assessee's application praying for rectification ..... section 217(1a) and under section 139(8) and increase the returned figure of income of the assessee from rs. 25,575 to rs. 31,641 in proceedings under section 143(1) of the income-tax act and the tribunal was correct in law in upholding this order of the income-tax officer ?'2. the material facts giving rise to this reference, briefly, are as follows .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]178ITR464(MP)
..... could not be rectified under section 154 on the view that it was a case covered by section 183(b) of the income-tax act, 1961 ?' 4. we, accordingly, direct the tribunal to draw up a statement of the case and refer the aforesaid two questions to this court for its opinion. in ..... law do arise in the instant case : ,'1. whether, on the facts and in the circumstances of the case, the provisions contained in section 183(b) of the income-tax act, 1961, are discretionary or mandatory ? 2. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the original order of assessment ..... under section 256(2) of the income-tax act, 1961 ('the act').2. the facts, in a nutshell, necessary to find out whether any question of law arises so as to justify this court in directing the tribunal to refer the said question to this court, are that the assessee filed returns of income for the assessment years 1974-75 and .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1980]122ITR952(MP)
..... vijayvargiya, j. 1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act '), the income-tax appellate tribunal, indore, has referred the following question of law for the opinion of this court :' whether, on the facts and in the circumstances of the case, the ..... . the ito and the aac held that the provisions of section 168 of the act were applicable and the arrears of fees realised by the executor were also included in the assessment. the income-tax appellate tribunal, however, held that the provisions of section 168 of the act were not attracted to the facts of the case. on these facts, the high ..... the facts of this case, section 168(3) of the act was applicable and two separate assessments will have to be made and he, therefore, directed that the sum of rs. 15,613 shall be deleted from the assessment of the assessee. the department preferred an appeal before the income-tax appellate tribunal, the tribunal allowed the appeal, set aside the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]175ITR22(MP)
..... g.g. sohani, actg. c.j.1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal', indore bench, indore, has referred the following question of law to this court for its opinion :'whether, on the facts and in the ..... capital subsidy received, for the purpose of allowing depreciation as per the provisions of section 43(1) of the act. aggrieved by the order passed by the inspecting assistant commissioner, the assessee preferred appeals before the commissioner of income-tax (appeals) who dismissed the appeals. the assessee then filed second appeal before the tribunal. the tribunal held ..... purpose of allowing depreciation,etc. ?' 2. the material facts giving rise to this reference, briefly, are as follows : the assessee is a private limited company deriving income from extraction of oil from oilcakes. the assessee-company received capital subsidy of rs. 4,26,748 during the assessment year 1978-79 and rs. 1,07,617 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1983)35CTR(MP)44; [1983]144ITR178(MP)
sohani, j.1. by this reference under section 256(1) of the i.t. act, 1961, the income-tax appellate tribunal, indore bench, has referred the following question of law to this court for its opinion :'whether, on the facts and circumstances of the case, and in view of ..... 1968. that clause was substituted by the finance act, 1968, with effect from 10th april, 1968, by the following clause ;' in the cases referred to in clause (c) in addition to any tax payable by him, a sum which shall not be less than, but which shall not exceed twice, the amount of the income in respect of which the particulars have been ..... , but sofar as the present reference is concerned, we are concerned with the relevant clause (iii) of section 271(1) of the act, which was substituted by the financeact, 1968. the tribunal, therefore, was required to determine theamount of income in respect of which the particulars had been concealedor inaccurate particulars had been furnished. the tribunal had to givea finding in that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1982]133ITR192(MP)
..... executor'. an executor or executors, as the case may be, who is accountable for the assessment to the i.t. authorities for payment of income-tax, does not pay such tax out of his personal property. the incidence of tax is on the estate of the deceased. the assessment is either on the deceased or the actual beneficiaries and even in the case of ..... a legal representative.12. we now turn to section 168 of the act. in the very opening, section 168(1) of the act provides that the income of the estate of a deceased person shall be chargeable to tax in the hands of the executor. further, section 168(2) of the act provides that the assessment of an executor under this section shall be made ..... u.n. bhachawat, j.1. this is a reference under section 256(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), referring the following question for answer to this court, at the instance of the assessee.'whether the tribunal was correct in law in holding that notwithstanding the status of the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1989)77CTR(MP)9; [1989]178ITR177(MP)
..... . no. 256 of 1985 (infra p. 179) as a common question of law arises in these cases.2. by these references under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, indore, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of ..... the case, the tribunal was right in holding that the deduction permissible under section 36(1)(viii) of the income-tax act was to be calculated on the assessee's total income as it stood before the deduction allowable under section 36(1)(viii) of the income-tax act, 1961 ?'3. the material facts giving rise to this reference, briefly, are as follows : the assessee is a financial .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]178ITR299(MP)
..... the tribunal was justified in law in holding that there was no mistake apparent on the face of the record and the income-tax officer was not right in rectifying the order of assessment under section 154 of the income-tax act, 1961 ?'4. the application is, therefore, allowed. the tribunal is directed to state the case and to refer the aforesaid ..... . c.j.1. this is an application under section 256(2) of the income-tax act, 1961 (hereinafter referred to as 'the act')2. the material facts giving rise to this application, briefly, are as follows :while framing the assessment for the assessment year 1974-75, the income-tax officer had upheld the claim of the assessee for deduction of rs. 1,86, ..... that there was a mistake apparent on the face of the record inasmuch as in the computation of the allowable deduction under section 80j of the act, the income-tax officer had taken the value of the assets and liabilities as on december 31, 1973, which was the last day of the computation period whereas the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1988]169ITR60(MP)
g.g. sohani, j.1. by this reference under section 256(1) of the income-tax act, 1961- (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, has referred the following questions of law to this court for its opinion :2. on behalf of the department :'(1) whether, on the facts ..... fair market value was more than i 5% and, therefore, under section 52(2) of the act, the fair market value of rasoda building would be rs. 2,00,000 and the assessee was accordingly liable to tax on capital gains. the income-tax officer also rejected the contention advanced by the assessee that the capital gains arising from the sale ..... the sale of rasoda building was concerned. the tribunal, however, upheld the finding of the income-tax officer and the appellate assistant commissioner that capital gains arising from sale of rasoda building could not be held to be exempt from levy of tax under the act. aggrieved by the order passed by the tribunal, the department as well as the assessee .....
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