Court : Delhi
Reported in : AIR1991Delhi104; 1991(20)DRJ257
..... legislature is competent to make a law that no appeal shall lie against any order relating to an assessment of tax unless the tax has been paid and that such a provision was on a statute book in s. 30 of the income-tax act, 1922.40. much reliance has been placed by learned counsel for the petitioner on the case nand lal (supra ..... likewise, it is permissible to enact a law that no appeal shall lie against an order relating to an assessment of tax unless the tax had been paid. such a provision was on the statute book in section 30 of the indian income-tax act, 1922. the proviso to that section provided no appeal shall lie against an order under sub-section (1) of ..... section 46 unless the tax had been paid'. such conditions merely regulate the exercise of the right of appeal so that the same is .....
Tag this Judgment!Court : Delhi
Reported in : [2006]287ITR236(Delhi)
..... said notice, the petitioner appears to have pointed out certain errors in the calculation of the amount recoverable from it. an application under section 154 of the income-tax act sought rectification of the demand which was, upon consideration, allowed by the authority concerned resulting in the reduction of the demand from rs. 88,75,175 to ..... made by the assessing officer. it also found fault with the reduction of the period for the payment of the amount of tax from 30 days as stipulated under section 220 of the income-tax act to 15 days. it was argued on behalf of the petitioner that the assessing officer even though competent to reduce the- ..... although the current controversy has been rendered academic on account of the subsequent events, yet this court ought to make certain observations about the procedure which the income-tax department has been following in the matter of making recoveries without affording to the petitioner-assessed the bare minimum time due to it for making the payment .....
Tag this Judgment!Court : Delhi
Reported in : [1986]158ITR439(Delhi)
..... to as 'the home office'). the indian branch of the petitioner company has been declared as a company under section 2(17)(iv) of the income-tax act, 1961, by the central board of direct taxes and is being assessed as a non-resident company in india since its establishment in 1958. the petitioner/assessed being non-resident, its assessment under the ..... of appeal proceedings filed by the petitioner, and must necessarily be allowed to be decided by the appropriate authorities concerned as provided under the provisions of the income-tax act, 1961. as a result, both the writ petitions will be dismissed but with no order as to costs. 29. the writ petitions are disposed of as above. ..... extra point in c.w. no. 308 of 1979 which we shall discuss separately. 2. these petitions have arisen out of notices issued under section 148 of the income-tax act. c.w. no. 308 of 1979 deals with a notice issued for reassessment for the year 1970-71 and for the deduction allowed for the provision for gratuity to .....
Tag this Judgment!Court : Delhi
Reported in : [1984]149ITR7(Delhi)
..... and in the circumstances of the case, the income of the trust is exempt from tax under section 4(3)(i) of the indian income-tax act, 1922 and '(ii) whether, on the facts and in the circumstances of the case, the income of the trust is exempt from tax under sections 11 and 12 of the income-tax act, 1961 ?' 2. both these questions are in fact ..... to the same effect. the first question has been referred in the three references arising out of assessments for assessment years 1959-60 to 1961-62 as made under the old act of 1922. the ..... 4(3)(i) of the indian i.t. act, 1922, for the years 1959-60 to 1961-1962. for the subsequent assessment years 1962-1963 to 1965-66 it claimed exemption of this income from tax under the corresponding provisions of ss. 11 and 12 of the i.t. act, 1961 (hereinafter called as 'the act'). the assessed's claim was that it was .....
Tag this Judgment!Court : Delhi
Reported in : (1998)148CTR(Del)610; [1998]233ITR712(Delhi)
..... the tribunal was correct for the purpose of computation of the deduction 33 1/3 of the total qualifying expenses incurred on exports under section 35b of the income-tax act, 1961, in excluding a sum of rs. 35.11.495/- representing the following items incurred by the assessed in the accounting year relevant to assessment year 1974- ..... the facts and in the circumstances of the case the tribunal was correct in holding that the sur tax liability should not be allowed as a deduction as necessary business expenditure under section 28 or 37 of the income-tax act, 1961?2. insofar as the first question is concerned, the law has been laid down by supreme court ..... recently in cit vs . stepwell industries ltd. : [1997]228itr171(sc) and cit vs . hero cycles pvt. ltd. : [1997]228itr463(sc) . there are other .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi456
..... order dated the 19th december, 1962 :- (1)'whether on the facts and in the circumstances of the case, the house-rent allowance is taxable under section 7 of the income-tax act, 1922? (2) if the answer to question (1) above be in the affirmative, whether such assessment of the receipt of house-rent allowance would result in unjustified discrimination ..... 350 paid to the employee to re-imburse such a loss was a taxable perquisite or profit in the employee's hands under schedule e of the (u.k.) income tax act, 1952 and the question was answered in the negative. the pith and substance of that decision is that the sum of - 350 paid to the assessed was ..... commissioner on 24-8-1961, the assessed was working as secretary to the commission of inquiry in the a.g.c.r. building at new delhi. (2) it is thereforee, not understood why the reference was restricted to the assessment year 1958-59 when in the appeals before the appellant assistant commissioner and the income-tax appellate tribunal, the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)
..... are involved in the questions referred to. us, it is necessary to refer to the relevant provisions in the indian income-tax act, 1922, and the income-tax act, 1961. sub-sections (1) and (2) of section 54 of the indian income-tax act, 1922, provided as under:'54. disclosure of information by a public servant (1) all particulars contained in any ..... particulars contained in such documents, etc. laid down in section 54(2) remained unaffected and continued to subsist notwithstanding the repeal of the indian income-tax act, 1922, the enactment of the income-tax act, 1961, and the amendments of sections 137 and 138 on april 1, 1964, and april 1. 1967.(55) coming now to question l(b ..... opinion of the full bench relate to the scope and effect of the provisions in sections 54 and 59b of the indian income-tax act, 1922, and sections 137 and 138 of the income-tax act, 1961.(2) the facts which have occasioned the reference are briefly the following. the plaintiff, trilok chand jain, instituted the suit .....
Tag this Judgment!Court : Delhi
Reported in : (2000)159CTR(Del)243; [2000]243ITR435(Delhi)
d.k. jain, j. 1. by this common petition under section 256(2) of the income-tax act, 1961 (for short 'the act'), in respect of the assessment years 1987-88 to 1995-96, the revenue seeks a direction to the income-tax appellate tribunal (for short 'the tribunal'), to state the case and refer the following questions, said to be questions of law, ..... form part of salary unless it is found that salary is paid in the garb of conveyance expenses when the claim of exemption under section 10(14) of the income-tax act, is dependent on fulfillment of conditions as prescribed in the section and the same were not fulfillled in the case of the assessed ? 3. whether, on the ..... one for which the penalty was livable in its hand and deleting short deduction determined under section 201(1) and interest levied under section 201(1a) of the income-tax act ?' 2. briefly stated, the material facts giving rise to this petition, are that on perusal of the annual return filed by the assessee-company under section 206 .....
Tag this Judgment!Court : Delhi
Reported in : 2001IIIAD(Delhi)303
..... -74 and 1974-75. at the instance of revenue, the following questions have been referred for opinion of this court under section 256(1) of the income-tax act, 1961 (in short the act) by the income-tax appellate tribunal, delhi bench (in short, the tribunal) 'whether on the facts and in the circumstances of the case the itat was right in law ..... holding that the provisions of section 13(2)(h) of the income-tax act are not applicable to the present case and thereby exempting the assessed from tax under s.11 of the income-tax act.' 2. factual position in a nutshell is as follows: assessed trust was created on 25-3-1961 with an amount of rs. 5000/- donated by sir sobha singh ..... . on 28-3-1961, he donated to the trust 1500 shares of sobha singh & .....
Tag this Judgment!Court : Delhi
Reported in : [1971]81ITR500(Delhi)
..... a result of the above, we hold that a sum of rs. 33,624.00 out of rs. 83,624.00 was rightly assessed under section 12b of the indian income-tax act. the remaining amount of rs. 50,000.00 was not rightly assessed. the question referred to this court is answered accordingly.(19) in the circumstances of the case, ..... the capital gain arises only on the transfer of a capital asset which has actually cost to the assessed something in money. the actual cost in the context of the income-tax act can only be cost in terms of money. it cannot, it would appear, apply to transfer of capital assets (assuming that the goodwill is a capital asset, about ..... , c.j.(1) following question has been referred to this court under section 66(1) of the indian income-tax act, 1922 (hereinafter referred to as the act) :- 'whetherthe sum of rs. 83,624.00 was rightly assessed under section 12b of the indian income-tax act, 1922?'(2) the case relates to assessment year 1947-48, the previous year for which ended on march .....
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