Court : Punjab and Haryana
Reported in : (2004)191CTR(P& H)381; [2004]269ITR78(P& H)
..... a. nos. 1 to 6, 8 to 15 and 17 to 22 of 1989 preferred by the revenue under section 269h of the income-tax act, 1961 (for short, the 'act'), against the common order of the income-tax appellate tribunal, delhi bench 'b', new delhi (for short the 'tribunal'), dated october 11, 1988, allowing 13 appeals preferred by ..... inflate the cost to reduce the profits.(xvii) it was submitted that taking into account the objections, ingredients and requirements of chapter xx-a of the income-tax act, 1961, the initiation of proceedings for acquisition are wholly misplaced, misconceived and contrary to ordinary principles of reason and logic. therefore, there cannot, on the very ..... was entered into no benefit could be allowed for the unregistered and unauthenticated agreements entered into with the agriculturists as laid down under section 269f(6) of the income-tax act.as regards objections nos. (ii), (iii), (iv), (v) and (vi) due consideration would be given to these objections while arriving at the fair .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1984)43CTR(P& H)135; [1984]148ITR283(P& H)
..... : 3. on may 22, 1968, dr. krishan lal goyal, an individual assessee, submitted a return of his income for the assessment year 1968-69, the ito completed the assessment under section 143(1) of the income-tax act, 1961 (for short ' the act '), on may 23, 1968, on the basis of this return. on january 22, 1969, the assessee filed an ..... application under section 154 of the act, stating therein that the income-tax return filed by him (on which the assessment order was passed) was ..... unverified and mostly unfilled and as such it was no return in the eye of law. section 139 of the act and rule 12(1) of the income-tax rules, 1962 (hereinafter referred to as 'the rules'), lay down that every return must be verified in the manner indicated therein. since the assessment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]136ITR361(P& H)
..... for interpreting the scope of the expression ' on maintenance of any residential accommodation including any accommodation in the nature of a guest house' occurring in section 37(3), income-tax act. thus, it remains to be determined whether the kitchen or food expenses of rs. 24,392 were of the nature of entertainment expenditure so as to attract the ..... law, in holding that the amount of rs. 12,103 was chargeable to tax under sub-section (1) of section 41 of the income-tax act for the assessment year 1969-70 ? (iii) whether, on the facts and in the circumstances of the case, the tribunal was right, in ..... and in the circumstances of the case, the tribunal was justified, in law, in holding that the amount of rs. 9,859 was chargeable to tax under sub-section (1) of section 41 of the income-tax act for the assessment year 1966-67 ? (ii) whether, on the facts and in the circumstances of the case, the tribunal was justified, in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1969]73ITR433(P& H)
..... to the following contention of mr. palkbivala : ' that he (the assessee) was not liable to income-tax for the assessment year 1950-51 on the ground that, under the indian income-tax act, income-tax was charged on the assessee's income received during the accounting year and that as during the accounting year the assessee was a ruling chief ..... question of law for our opinion :' whether, on the facts and circumstances of the case, the assessee was not liable to tax under the indian income-tax act, 1922, in respect of his personal income accruing or arising to him in british india in the two assessment years 1946-47 and 1947-48 '2. the assessee was ..... judicial member and the accountant member. the judicial member differed from the conclusion of the appellate assistant commissioner of income-tax and held that no assessment could be made on the appellant under the indian income-tax act, as he was the ruler of a sovereign state during the assessment years under consideration. the accountant member .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2003]263ITR598(P& H)
g.s. singhvi, j.1. in this appeal under section 260a of the income-tax act, 1961, the revenue has prayed for determination of the following questions of law :'(i) whether, on the facts and in the circumstances of the case, the learned commissioner of income-tax (appeals) has erred in law in adjudicating upon an issue which did not arise out ..... december 23, 1992, declaring a loss of rs. 32,60,260. the same was processed under section 143(1)(a) of the act at a loss of rs. 32,42,910 after deducting income-tax at rs. 17,350. subsequently, the case was taken up for scrutiny and vide order dated december 28, 1993 passed under section 143 ..... deleted the disallowance of rs. 7,74,830. he further held that the assessee was entitled to exemption under section 80p of the act.5. the revenue challenged the order of the commissioner of income-tax (appeals) before the income-tax appellate tribunal, delhi bench, delhi (for short, 'the tribunal'). the tribunal confirmed the order passed by the commissioner of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2003)184CTR(P& H)57; [2003]262ITR78(P& H)
..... . 3,80,080 and created demand of rs. 89,589. he also levied interest amounting to rs. 6,936 under section 220(2) of the income-tax act, 1961 (for short, 'the act').3. the petitioner paid the amount of tax and interest on december 29, 1990. after eight years, it filed a declaration dated january 31,1999, for availing of the benefit under the kvss ..... any law for the time being in force, the amount payable under this scheme by the declarant shall be determined at the rates specified hereunder, namely : -- (a) where the tax arrear is payable under the income-tax act, 1961 (43 of 1961),- (i) in the case of a declarant, being a company or a firm, at the rate of thirty-five per cent. of the disputed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1979P& H19
..... may be first deposited before the appeal can be entertained. reference in this context may be made to s. 25 of the punjab general sales tax act or the provisions of s. 265 of the indian income-tax act, 1961. 30. it was then stated that it was unreasonable for the state to ask for a security from the appellant or the petitioner because ..... an appeal could be entertained and which had held the field for well-nigh forty years before it was replaced by the indian income-tax act, 1961. reliance was also rightly placed on the observations of their lordships in this particular context in anant mills' case, (air 1975 sc 1234) (supra). this apart, the learned advocate ..... likewise, it is permissible to enact a law that no appeal shall lie against an order relating to an assessment to tax unless the tax had been paid. such a provision was on the statute book in s. 30 of the indian income-tax act, 1922. the proviso to that section provided that--'no appeal shall lie against an order under sub-section (1) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H248
..... the assessment, been dissolved or discontinued.to meet the former case section 25a was introduced by section 4 of the indian income-tax (amendment) act, 1928 (iii of 1928). section 44 of the indian income-tax act provides the machinery for assessment in case of a discontinued firm or association. this is the eventuality which arises for ..... it would be useful at this stage to refer to certain provisions in the indian income-tax act with regard to the assessment of income-tax in case of dissolution of the various assessable entities under the act. section 24b of the indian income-tax act has already been mentioned. other cases in which difficulty was likely to arise on ..... for individual carrying on business in partnership and the mercantile usage which recognises the firm as a distinct person or quasi corporation. but under the income-tax act the position is somewhat different. a firm can be charged as a distinct assessable entity as distinct from its partners who can also be assessed .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H55
..... see --'in re elverton r. chanpair', (1895) 156 u s 211. 70. with regard to the accommodation for the payment of income-tax:, the discretion is vested in the income-tax officer under sections 45 and 46, income-tax act. this court can only compel him to exercise his discretion, but cannot direct him as to the manner in which that discretion is to ..... redress to which he is by the law of the land entitled. 63. a consideration of the authorities referred to above shows that : (1) the income-tax act has entrusted to the income-tax officer the decision of the facts and the law to decide whether the provisions of section 34 are applicable; (2) the exigencies of the state require that ..... which had been filed by the firm as constituted except for the year 1941-42. later on as a result of proceedings being taken under section 34, income-tax act the total income of the firm except of 1941-42 was assessed in the hands of the hindu undivided family on 14th february 1945, but assessment in regard to other .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1973]90ITR1(P& H)
..... for the respondent raised an objection that the said records could not be produced in view of the provisions of section 138 of the income-tax act, 1961 (hereinafter called ' the 1961 act ') and notification dated june 23, 1965, issued thereunder, according to which the production of the record is prohibited. the objection of ..... of april, 1962, the date on which the income-tax act, 1961, came into force.3. the income-tax act, 1961, as originally enacted contained a provision relating to disclosure of information by the income-tax department similar to that contained in section 59b of the repealed act. it authorised the income-tax commissioner to supply information to any person on ..... completed before the 1st day of april, 1962.6. a contention has, however, been raised that notwithstanding the fact that section 137 of the income-tax act, 1961, is no longer on the statute book, having been omitted, and the only provision relating to disclosure of information contained in assessment records is .....
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