Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)1ITD564(Delhi)
..... shri madhusudan dayal, shri varinder singh and shri narinder singh. by the time the impugned order in the present case under section 184(7) of the income-tax act, 1961 ("the act") was passed by the ito for the year under consideration, the assessee-firm had already been granted registration for the accounting period relevant to the assessment year ..... the provision of section 186(1), because no reasonable opportunity was given to the assessee and also because no previous approval of the inspecting assistant commissioner of income-tax was taken, before cancelling the registration of the firm. i find from the records that this contention of shri sethi is correct. the ito did not ..... see in this connection the commentary at page 1020 by kanga and palkhivala in law and practice of the income-tax (7th edn., vol. 1). that being the position in law, the orders of the tax authorities refusing continuation of registration to the firm on the ground that the profits have not been distributed amongst the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)1ITD922(Delhi)
..... disposed of by a common order.2. the ito by his order dated 13-2-1980 under section 201(1a) of the income-tax act, 1961, pertaining to the financial year 1976-77, levied interest of rs. 1,813 for the period 1-4-1976 to 31-1-1980 on ..... both the years. the commissioner (appeals) in principle confirmed the order of the ito for both the years but gave a direction that the tax deducted at source should be re-computed after taking into consideration certain instructions contained in circular no. 196 [f. no. 275/29/76/itj ..... as is referred to in that sub-section does not deduct or after deducting fails to pay the tax as required by or under this act, he or it shall be liable to pay simple interest at twelve per cent per annum on the amount of such ..... tax from the date on which such tax was deductible to the date on which such tax is actually paid.this section clearly .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)1ITD916(Delhi)
..... peculiar context of the constitutional vires of a certain provision, i.e., section 140a(3), and not on the aspect of interpretation as such of provision of the income-tax act.16. so far as the assessment years 1974-75, 1975-76 and 1976-77 are concerned, we on the aforesaid reasonings again confirm the aac's order.17. ..... ., the declared estimated value of the assessee's one-half share, was accepted as correct value. benefit of exemption under section 5(1)(iv) of the wealth-tax act, 1957 ("the act"), was given to the assessee to the extent of rs. 1 lakh. that left balance sum of rs. 9,140 as value of taxable portion of the ..... respect to their lordships of the madras high court, our thinking on the aspect of the aforesaid words "payable" and "chargeable" having been interchangeably used in the wealth-tax act is different. firstly, the parliament would not indulge in any tautology, namely? using an enactment two different words to convey identical meaning and connotation. this aspect assumes, in .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1982)2ITD39(Delhi)
..... return of income' (as it stood before april 1, 1971) is merely directory and not mandatory. the law must be so construed as to not ..... 1. this is an appeal against the order of the commissioner passed under section 263 of the income-tax act, 1961 ('the act'), holding that the relief allowed by the ito to the assessee under section 80j of the act was erroneous and prejudicial to the interests of revenue and, therefore, setting aside the assessment for the assessment year 1977-78 and ..... ) of the proviso to section 184(7) of the act as it stood before 1-4-1971, their lordships of the patna high court held as follows : having regard to the spirit and substance of the provisions regarding registration of firms in section 184(7) of the income-tax act, 1961, it is clear that the term 'along with its .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)3ITD764(Delhi)
..... ended on 31-12-1976.2. facts admitted and briefly stated are that the assessee did not file return under section (1) of section 139 of the income-tax act, 1961 ('the act'). the assessee also did not comply with notice under section (2) of section 139. no compliance was made of notices issued under section (1) of section ..... and simply because the assessee did not take a grammatically correct ground to agitate the quantum, the ground taken by it could not be brushed aside. the income tax officer should have conformed to the requirements of law while making a best judgment assessment. the commissioner(appeals) was not, therefore, justified in rejecting the assessee's ..... fact, the assessee is not aggrieved on the score that the assessment has been framed under section 144 of the act. the grievance of the assessee is in relation to quantum of income assessed.3. in appeal, the assessee took three specific grounds as under before the commissioner (appeals): 1. that the assessment order framed .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)8ITD215(Delhi)
..... ) for the indian petro-chemical corporation ltd. 3. the iac in the assessment of the assessee has, by relying on section 44d(a) of the income-tax act, 1961 ('the act'), restricted the expenses claimed to 20 per cent on the quantum of fee earned for services rendered in india by the assessee. while so holding, the iac ..... 30 to 44c of the income-tax act. however, section 44d inserted by the finance act, 1976, stipulates, inter alia, that notwithstanding anything to the contrary contained in sections 28 to ..... performed in india and in computation of its total income is entitled to deduction of expenses incurred in india in connection with the above activities. it is patent that the deduction for expenses is to be worked out in accordance with the scheme of the income-tax act. ordinarily, the deductions are as provided in sections .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)5ITD226(Delhi)
..... ltd. and not for the benefit of general public. the ito, therefore, held that it was not a charitable trust within the meaning of section 2(15) of the income-tax act, 1961 ('the act') and is a discretionary trust.3. on going through the accounts for the period 24-12-1976 to 31-3-1977, the ito found that escorts etd. had donated a ..... question that falls for consideration is whether a donation given to the trust, specifically with a condition that it shall form part of the 'corpus' can be treated as the income of the trust. generally speaking, the indian income-tax act taxes income and not the capital. the learned departmental representative argued that every thing that 'comes in' or is 'received' by the assessee is its .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)5ITD440(Delhi)
..... under consideration, the stand of the assessee was that its income was exempt under section 10 (20 a) of the income-tax act, 1961 ('the act'), inasmuch as the assessec-udyog was an authority constituted by or under the up panchayat raj act, 1947 ('the 1947 act') and its income being for the purposes of planning and development of gaon ..... book filed by the assessee. on the strength of the aforesaid provisions, it was urged that the income in question of the assessee-udyog, which was constituted by or under the 1947 act enacted for the purpose of planned development of the villages of the gaon sabhas who are the members thereof ..... , was exempt under section 10(20a). these arguments are controverted by the departmental representative, who has relied on the orders of the tax authorities.4. we have given consideration to the above arguments. section 10(20a) lays down that any income .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)5ITD375(Delhi)
..... 1. this appeal relates to levy of additional tax under section 104 of the income-tax act, 1961 ('the act').2. the assessee is a private limited company. there is no dispute that the assessee has not declared the required percentage of dividend. the ito worked out the distributable income at rs. 2,48,222. this figure was disputed before the ..... expenditure is abrogated. accordingly we hold that the orders passed by the authorities below are unsustainable. it may be mentioned here that the supreme court in the case of cit v .gangadhar banerjee & co. (p.) ltd. [1965] 57 itr 176 has laid down the following dictum : ...the reasonableness or unreasonableness of the amount ..... factors while dealing with the provisions of section 104 as laid down by the judicial pronouncements. he particularly relied on the decision of the allahabad high court in cit v. jananamandal ltd. [1977] 106 itr 976.the learned departmental representative, on the other hand, pointed out that in view of the language of section .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)6ITD491(Delhi)
..... return he claimed 50 per cent of the money so received as exempt under section 80r of the income-tax act, 1961 ('the act'). the ito, however, without giving any relief added the full amount of rs. 1,55,400 as the assessee's income.2. the assessee went in appeal and contended that in view of the nature of scholarship and the ..... the appellant's case. in this view of the matter, i hold that a sum of rs. 1,55,400 cannot be brought to tax as it qualifies for exemption under section 10(16) of the income-tax act. the addition of rs. 1,55,400 is, accordingly, deleted.3. the department has come up in appeal. it is contended before ..... % deduction under section 80r, however, commissioner(appeals) allowed full exemption under section 10(16), the same was justified.merely because the assessee claimed lesser benefit before the income tax officer, he could not be precluded from claiming his legitimate right before the appellate authority. it is the duty of the revenue authorities to allow all benefits to the .....
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