Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (2004)83TTJ(All.)126
..... hon'ble gauhati high court in the matter of assam company (india) ltd. v. crr (2002) 256 itr 423 (gau) held: "the language used in section 254(1) of the it act, 1961, conferring powers on the tribunal is in widest possible terms. the income-tax (appellate tribunal) rules, 1963, framed by the tribunal in exercise of its power under section 255(5) of the ..... act are wholly for the purpose of regulating its own procedure and the procedure of the benches of the tribunal. the rules, therefore, embody the principles of procedure to be followed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1995)52ITD391(All.)
..... before the tribunal the cancellation of penalty imposed in different amounts for different years aggregating rs. 35, 000 (approximately) imposed on the assessee under section 271 (1)(c) of the income-tax act, 1961.2. facts slightly interesting although undisputed and as are relevant for the disposal of these appeals are these: 3. the assessee was subjected to search both at its residential and ..... be taken up.22. explanation 2 appended to section 273a of the act which remained in force between 1-10-1984 till 24-5-1985 when it was omitted provided that in the event of a person making a full and true disclosure of his income to the commissioner of income-tax within fifteen days of seizure shall be deemed to have made such .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]107ITR816(All)
..... packeting the coal in bags of 28 ibs. each in weight was carried on was an industrial building or structure within the meaning of section 271(i)(c) of the income-tax act, 1952, which runs as under (page 679): 'building or structure in use for the purposes of a trade which consists in the manufacture of goods or materials or the ..... . the company claimed that it was entitled to capital allowances in respect of the expenditure on the building as it was an industrial building under section 271 of the income-tax act, 1952. the general commissioners found that the screening and packing of the coal was not a process within section 271 of the ..... of goods and, as such, the assessee-company was an industrial company as defined in section 2(7)(d) of the finance acts. he, as such, directed the income-tax officer to treat the assessee-company as industrial company and levy tax accordingly. an appeal filed by the department to the tribunal failed. 3. answer to the question referred to us depends upon .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]49ITR502(All)
..... from contending either that the property or benefit has no value, or that its value is less than that what it is computed to be. for the purpose of the income-tax act he is deemed to have received rs. 100 in cash and to have invested it in the purchase of the property or benefit.the law makes no distinction between his ..... of only rs. 90 as a thing of the value of rs. 100, and to assess him to income-tax on rs. 100 would, it seems to me, be an act of great injustice. such an act of injustice is not contemplated by any provision of income-tax act.i, would, therefore, like to have the case of maheshwari saran singh reconsidered by a larger bench but ..... voluntarily by the creditors in lieu of cash but are forced upon them under the provisions of the encumbered estates act. they have no choice in the matter; they cannot get cash in lieu of them. income, within the meaning of the income-tax act, need not be in cash and can be in kind also. if an assessee receives interest in kind, i.e .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]147TAXMAN423(All)
..... .the present reference under income tax act (hereinafter referred to as 'the act') is at the instance of the assessee. the income tax appellate tribunal, allahabad, has referred the following question of law under section 256(1) of the act for opinion to this court :'whether on the facts and in the circumstances of the case the income tax appellate tribunal was legally ..... be stated here that the assessee in support of his claim for deduction under section 80u of the act filed a medical certificate of the institute of medical sciences, b.h.u., varanasi. the income tax officer on perusal of the certificate came to the conclusion that the assessee cannot be regarded as being totally ..... assessee is a partner in m/s. bombay motor stores and enjoyed share income from the aforesaid firm. the deduction of a sum of rs. 10,000 was claimed by the assessee under section 80u of the act which was refused by the income tax officer on the ground that the assessee was not 'totally blind'. it may .....
Tag this Judgment!Court : Allahabad
Reported in : (1994)118CTR(All)301; [1994]209ITR400(All); [1994]75TAXMAN133(All)
..... questions for opinion of this court :'1. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the grounds on which notice under section 16(1) of the gift-tax act was issued were not fully settled and the issue of notice was invalid ? 2. whether, on the facts and ..... in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the shares in messrs. m. p. udyog ltd ..... was not justified. on these considerations, the validity of the notice under section 16 of the act was not found sustainable. it observed :'... on the merits of the valuation, we have not considered it necessary to give our opinion.'4. the income-tax appellate tribunal made an attempt to find out as to what was the value of the shares .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1964All534
..... in our view the petition filed by the appellant should not have been entertained. the income-tax act provides a complete machinery for assessment of tax and imposition of penalty and for obtaining relief in respect of any improper orders passed by the income-tax authorities and the appellant could not be permitted to abandon resort to that machinery and to ..... court under article 226 of the constitution when he had an adequate remedy open to him by an appeal to the tribunal.' c.a. abraham v. income tax officer kottayam : [1961]41itr425(sc) .29. learned counsel for the respondent has tried to fortify the discretion of the learned judge by rule 6 of ch. xxii of the ..... pendency of the appeal the antarim zila parishad has rolled into the limbo of oblivion, and the zila parishad constituted under the kshettra samitis and zila parishads act. 1961 has stepped into its place. the appellant has no taken steps to bring on record the zila parishad, muzaffarnagar in place of the antarim zila parishad. no .....
Tag this Judgment!Court : Allahabad
Reported in : [1969]71ITR253(All)
..... . filmistan ltd. it was held by the supreme court that the meaning of the words 'no appeal shall lie' in the first provisos to section 30(1) of the income-tax act is not that no memorandum of appeal can be presented. all that the proviso means is that the appeal will not be held to be a properly filed appeal until ..... , dist ii(ii), kanpur, it was held by this court that no recovery proceedings of any nature could be taken against any person under the income-tax act unless first a notice of demand was served on that person. in that case the court was not called upon to investigate the scope of the first proviso to sub- ..... v. g. oak c.j. - this is a reference under section 66(1) of the indian income-tax act, 1922. santosh kumar is the assessee. he filed a return for the assessment year 1957-58. the income-tax officer made a provisional assessment under section 23b of the act. the assessees liability was fixed at rs. 12,477. on january 21, 1960, a demand notice accompanied by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1982)1ITD895(All.)
..... against the order of the a ac wherein he has dismissed the appeal preferred by the assessee against the order of the ito made under section 154 of the income-tax act, 1961, wherein he had refused to accede to the rectification of the mistakes pointed out by the assessee.2. the assessee is a firm. the assessment year is ..... mills (p.) ltd. v. ito [1959] 36 itr 350 the learned counsel for the assessee vehemently argued that the income-tax authorities ought to have accepted the assessee's application made under section 154 of the act.according to him, the subsequent event in the assessment year 1976-77 was sufficient for the assessee to make an application ..... thus introduce an element of disconcerting instability in the administration of the act. in our opinion, there is no room for any such apprehension. it must be remembered that a decision is a precedent on its own facts. each case presents its own features. the income-tax authorities and tribunals are supposed to apply the ratio of a decision .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1983)3ITD232(All.)
..... . he also observed that the above donations were not exempt in view of the provisions of section 13 of the income-tax act, 1961 ('the act'). after holding that they were in the nature of donations, he further held that they were the income of the assessee. he also, as a consequence, assessed the interest earned by the assessee on the advances made ..... assessee also went to show that the amounts were not in the nature of advances, but that they were in the nature of donations and had been rightly taxed as the income of the assessee.6. the assessee is now in appeal before us. the learned counsel for the assessee submitted before us that the finding of the ito ..... aspect of the matter. our finding is that the donations or the interest earned on them through advances to parties does not form part of the assessee's income and cannot be taxed in his assessments.11. we may deal with the above issue from another angle also. it is not denied that subsequently, encyclopaedia publications was founded and .....
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