Court : Allahabad
Reported in : AIR1936All286
..... was referred in view of difference of opinion between the judges composing this bench, the two questions, which are the subject of reference under section 66, income-tax act are answered as follows:(1) the estimate of 11 lakhs as the capital invested by the assessee is based partly on such evidence as the assistant commissioner ..... or private information in a vague and fanciful way was ultra vires. there were several hearings before the assistant commissioner. he also seems to have acted under section 31, income-tax act, in making further enquiries and taking some evidence. statements of the assessee and at least of one witness were recorded and certain books were also ..... this case has been referred to a third judge because of a difference of opinion between the two learned judges who heard this reference under section 66, income-tax act.30. the two questions for consideration are as follows:(1) whether the estimate of 11 lakhs as the capital invested by the assessee is based on such .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)67TTJ(All)247
..... not bring his books of accounts and other papers just to blackmail us, he should be penalised for not making due compliance under section 131 of the income tax act 1961.proprietors of m/s anjani traders, agra had also confirmed the transaction in his earlier statement and the transactions were got verified through adi, agra. sri ..... and be delivered in this office within 16 days of service of notice, duly verified and signed in accordance with the provision of section 140 of the income tax act, 1961.sd/-(illegible)seal of the office of central circle-ii, kanpur(dr. subhash chandra)assistant commissionercentral circle-iikanpur'11.2(b). it we test the ..... existence of illegalities in notice under attack, first of all we prefer to reproduce the notice, which runs as under:'notice under section 158bc of the income tax act, 1961.pan/gir no.. ...........block periodthe previous years relevant to ten assessment years preceding the previous year 1996-97 and includes the period upto the last date .....
Tag this Judgment!Court : Allahabad
Reported in : (1983)35CTR(All)334; [1984]146ITR586(All); [1983]15TAXMAN24(All)
sahai, j.1. the income-tax appellate tribunal, allahabad bench, allahabad, has referred the following question of law for the opinion of this court under section 256(1) of the i.t. act, 1961 :'whether, on the facts and in the circumstances of the case, salary paid to the karta of the hindu undivided family was an allowable deduction ?'the ..... by the supreme court.3. the first aspect came up for consideration in cit v. ramniklal kothari : [1969]74itr57(sc) . it was held that profits earned by a person by himself or in partnership with others was income under section 10 of the act of 1922 and any expenditure incurred for earning it was deductible under section 10 ..... (2) of the act as business expenditure. it did not approveof the view of the calcutta high court in ishwardas subhkaran v .....
Tag this Judgment!Court : Allahabad
Reported in : [2000]245ITR212(All); [2001]116TAXMAN555(All)
..... years 1989-90 and 1990-91 and in quashing the order of the commissioner of income-tax passed under section 263 of the income-tax act, 1961, in the light of specific clarifications of the central board of direct taxes on this issue ?(2) whether the income-tax appellate tribunal on the facts and circumstances of the case justified in law in restoring ..... by the assessee in indian currency from travel agents are eligible to relief under section 80hhd of the income-tax act, 1961, for the assessment year 1989-90 and quashing the order passed by the commissioner of income-tax passed under section 263 of the act ?'4. we, accordingly, direct the appellate tribunal to state a case and refer the aforesaid ..... 1. this is an application by the commissioner of income-tax (central), kanpur, under section 256(2) of the income-tax act, 1961, praying that the income-tax appellate tribunal, allahabad, be directed to state a case and refer the following questions said to be of law and to arise out of the .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]273ITR305(All)
..... the facts and in the circumstances of the case, the hon'ble tribunal was legally right in deleting the addition of rs. 13,543 made by the income-tax officer under section 43b of the income-tax act, 1961?'2. the reference relates to the assessment year 1984-85. the respondent-assessee is a registered firm. it had shown a sum of rs. 13,543 as ..... payable in sales tax and as well as duty account. the income-tax officer applying the provisions of section 43b of the act disallowed the aforesaid amount on the ground that it .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]94ITR187(All)
..... refunded to the hindu undivided family on july 9, 1968. thereupon, the petitioner by an application dated january 30, 1970, requested the income-tax officer to pay interest under section 244 of the income-tax act, 1961.3. in the meantime there was a complete partition of the hindu undivided family on december 29, 1958. for the assessment year 1960 ..... assessment order is passed and a notice of demand under section 29 of the indian income-tax act, 1922, and section 156 of the income-tax act, 1961, is served upon the assessee. if there is no assessment order, the assessee is not liable to pay any tax. if follows, therefore, that if an assessment order is set aside, the notice ..... is that interest became due to the petitioners only after the expiry of six months from the date of the orders passed by the income-tax officer on remand.5. chapter xix of the income-tax act, 1961, deals with refunds. section 240 provides :' where, as a result of any order passed in appeal or other proceeding under this .....
Tag this Judgment!Court : Allahabad
Reported in : [1992]197ITR671(All)
..... accordance with the rules of the court.6. learned counsel for the petitioner has first urged that as the income-tax department has given no notice under section 226(4) of the income-tax act, 1961 (hereinafter described as the 'act'), the entire proceedings are invalid and are liable to be quashed. reliance has been placed in support of this ..... petition has been filed praying for a writ of certiorari quashing the order dated october 16, 1990, passed under section 226(4) of the income-tax act by the assistant commissioner of income-tax, meerut, addressed to the ivth additional district judge, meerut.4. learned counsel for the petitioner has urged that the amount which has been ..... 1990, addressed to the ivth additional district judge, meerut, had requested the additional district judge for payment under section 226(4) of the income-tax act in respect of the outstanding income-tax demand to the tune of rs. 11,32,531 in respect of the assessment years 1980-81 and 1987-88. it is against this .....
Tag this Judgment!Court : Allahabad
Reported in : [1977]110ITR77(All)
..... the matter was referred to the inspecting assistant commissioner under section 274(2) of the act. the amount of rs. 29,588 was computed by the income-tax officer by adding an amount of rs. 5,000 to the trading results, and by a further addition of rs. 8,000 on account of ..... ?' 2. the penalty related to the assessment year 1968-69. return of rs. 16,338 was filed by the assessee but was finalised at rs. 29,588 by the income-tax officer. as the minimum penalty imposable was more than rs. 1,000 ..... .s.p. singh, j. 1. the income-tax appellate tribunal, delhi bench, has referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal was right in cancelling the penalty levied upon the assessee in terms of the explanation to section 271(1)(c) of the act relating to the assessment year 1968-69 .....
Tag this Judgment!Court : Allahabad
Reported in : (1991)95CTR(All)258; [1991]188ITR787(All)
..... case, the appellate tribunal was correct in law in holding that the interest of rs. 15,360 paid by the assessee company to the income-tax department for late payment of income-tax was not an allowable deduction under the income-tax act, 1961, in respect of the assessment year 1971-72 ?' 2. we shall proceed to deal with them in their proper order. 3. question no. 1 ..... pertains to the deductibility of interest paid by the assessee on the arrears of cane purchase tax. it has now been held by the supreme court .....
Tag this Judgment!Court : Allahabad
Reported in : [1976]104ITR723(All)
..... and amend or withdraw it. after the certificate is received the matter is governed by schedule 2 of the income-tax act, 1961. under rule 2 of the second schedule, on a certificate being received by the tax recovery officer, the tax recovery officer has to serve on the defaulter a notice requiring the defaulter to pay the amount specified in ..... purposes of the present controversy are sections 222(1) and 224 as also schedule 2 of the income-tax act, 1961. we will extract the relevant part of section 222(1) and then refer to the other provisions :'222. certificate to tax recovery officer.--(1) when an assesses is in default or is deemed to be in default in ..... . v.k. kannan.10. mr. deokinandan appearing on behalf of the department, however, contended that these decisions are not applicable as the tax is being recovered in accordance with the provisions of the second schedule of the income-tax act, 1961. we have given careful thought to this contention, but are of the view that even under the new .....
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