Court : Delhi
Reported in : [1969]74ITR465(Delhi)
..... undertaken by the assessed-company was of considerable magnitude.5. with respect to the technical objections, the tribunal held on an application under section 35 of the indian income-tax act, 1922, that both the appeals filed were in order as a memorandum was issued to the revenue under rule 13 of the appellate tribunal rules, 1946, ..... to both the assessment years on january 8, 1962, that is, one day before the expiry of the period of limitation. on january 10, 1962, the income-tax appellate tribunal informed the revenue that the appeal was defective inasmuch as the years of assessment were two. thereupon, the revenue preferred a separate appeal for the assessment ..... reject the appeals.6. at the instance of the assessed the following four questions were referred to the punjab high court under section 27(1) of the wealth-tax act, 1957 :'(1) whether the tribunal rightly held that the appeals preferred by the revenue are nto defective and untenable as contended by the assessed-company ? (ii) .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi936; [1970]75ITR1(Delhi)
..... s.k. kapur, j. (1) the following two questions of law have been referred to this court under section 66(1) of the indian income-tax act, 1922 :- '(1)whether, on the facts and in the circumstances of the case, the assessment order for the assessment year 1955-56 finally concluded the position that the ..... 2) (vi) yet only the manner of carry forward in the two provisions is different and both types of deductions could appropriately be termed, as was done by the income-tax officer. as carry forward losses. whether or nto the conditions prescribed by section 24(2) for the carry forward of the business losses other than unabsorbed depreciation and whether ..... the said figure of rs. 1,76,691.00 is a carried forward loss. even in the case of unabsorbed depreciation it could have legitimately been described by the income-tax officer as carried forward loss. unabsorbed depreciation is one of the items to be deducted in computing the profits under section 10(2). unabsorbed depreciation is under section .....
Tag this Judgment!Court : Delhi
Reported in : [1970]75ITR40(Delhi)
..... in the case of gokuldas harivallabhdas correctly express the character of proceedings under section 28(1)(c) of the indian income-tax act.'12. the calcutta high court approved the decision of the gujarat high court in commissioner of income-tax v. l.h. vora : [1965]56itr126(guj) . vora's case was mainly based on the decision ..... . anwar ali : [1967]65itr95(cal) the calcutta high court held that :(1) the assessment proceedings are nto binding on the income-tax authorities in proceedings under section 28 of the income-tax act. it is true that materials disclosed in assessment proceedings can be taken into consideration but such materials do nto constitute rest judicata ; and ..... tribunal referred the following question to this court under section 66(1) of the indian income-tax act, 1922 :'whether, on the facts and in the circumstances of the case, penalty is livable under section 28(1)(c) of the indian income-tax act, 1922 ?'6. mr. kirpal, the learned counsel for the revenue, contended that on .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi687; [1969]74ITR808(Delhi)
..... no. 4, the petitioners have, inter alia, challenged the virus of clause (g) of sub-section (2) of section 297 and sub-section (2) of section 271 of the income-tax act, 1961 (43 of 1961), (hereinafter referred to as the act of 1961).(2) petitioner no. 1 is a firm carrying on business in delhi and has been registered under section 26a of the indian incometax ..... the virus of clause (g) of sub-section (2) of section 297 and sub-section (2) of section 271 of act of 1961. the three authorities under the income-tax act-the income-tax officer, the appellate assistant commissioner and the appellate tribunal-are creatures of the act and have to function there under. the question of the virus of any provision of law, under which they have .....
Tag this Judgment!Court : Delhi
Reported in : [1970]75ITR111(Delhi)
..... to arise out any profit motive especially when it is provided gratuitously.14. the learned counsel for the revenue has referred to section 10(6) of the indian income-tax act, 1922, but this has no application to the present case. as held by the supreme court in royal western india turf club case, section 10(6) ..... (sc) delhistock exchange association ltd. v. commissioner of income-tax : [1961]41itr495(sc) (s.c.) and royal calcutta turf club v. secretary of state [1921] i i.t.c. 108.12. the learned counsel for the assessed, on the other hand, has urged that section 10(6) of the income-tax act is nto applicable to the present case, and further ..... contends that the principles underlying the assessment of the income of mutual concerns are that the surplus arising from mutual transactions is nto assessable where there is complete identity .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi1167
..... 226 and 227 of the constitution of india has prayed for the issuance of a writ quashing notice dated march 21, 1966 under section 148 of the income- tax act, 1961 (hereinafter referrd to as the act of 1961). (2) the petitioner-firm was carrying on business as a commission agent in the status of a hindu undivided family during the accounting period (dewali year 1947 ..... , delhi issued the following notice under section 148 of the act of 1961 to the petitioner:- 'where as i have reason to believe that your income chargeable to tax for the assessment year 1949-50 has escaped assessment within the meaning of section 147 of the income-tax act, 1961. re-assess i, thereforee, propose to--the income for the re-compute said assessment year and i hereby require .....
Tag this Judgment!Court : Delhi
Reported in : ILR1969Delhi603
..... of probable savings, which would have been made by ajit singh if he had lived should be set off against the income tax which he would have been liable to pay. on this account, thereforee, no tax deduction is to be made from the amount payable to the dependents by way of compensation.(13) the average life ..... council decision in grand trunk railway company's case cited above. statutory inroads on this principle were, however, made by the fatal accident (damages) act, 1908 and fatal accidents act. 1959 with the result that in england the insurance monies are now nto taken into account in determining the compensation payable for fatal accidents. these statutes ..... dealing with an ordinary common law claim is more like a court of law and than for instance, labour courts and industrial tribunal functioning under the industrial disputes act, 1947. but even the latter cannto admit documents such as profits and loss account statements or balance sheets, etc. into evidence unless they are proved like .....
Tag this Judgment!Court : Delhi
Reported in : AIR1970Delhi129
..... lordships in the context of certain promotions made in breach of the prescribed quota. the said quota had been fixed in exercise of the powers given by rule 4 of income-tax officers (class i, grade ii) service recruitment rules. the above observations can be of no avail to the petitioner in the present case because the material on the record does ..... not show that the respondents had acted arbitrarily. on the contrary the material indicates that it was the financial limitations which stood in the way of the respondents bringing the pay scales of the junior basic teachers .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi171
..... nath has admitted that ch. bhagat ram and sons was registered as a partnership firm under the income tax act and that the registration was renewed from year to year. exhibit p. 8 to exhibit p. 11 are applications addressed to the income-tax officer for renewal of the registration for the years 1957-58 to 1960-61. in these ..... excessive taxation untenable. it may be that the joint hindu family firm, ch. bhagat rani and sons, was converted to a contractual partnership to avoid the payment of income-tax. nonetheless it was a contractual partnership. (30) the only conclusion, from the above discussion is, that the document. exhibit p.t, was a genuine partnership ..... is a registered firm. duly registered with the registrar of firms and is being assessed to income-tax as a contractual partnership. the partnership has been acted upon for a period of about fifteen years and all the partners have been acting in terms of the partnership deed. surinder nath has been instituting suits in the name of .....
Tag this Judgment!Court : Delhi
Reported in : ILR1970Delhi656
..... s case and several other cases which they mentioned. the only other case decided after mst. gaindi's case which has been cited at the bar is reported in 70 income tax reports at page 812. the judgment comes from the andhra pradesh high court. there also it was a division bench which considered the law available on the point. as ..... in respect of gifts is referable to article 248 of the constitution of india read with entry no. 97 mentioned above. (10) we, thereforee, hold that the gift tax act of 1958 has been validly enacted by the indian parliament. we are nto persuaded to make any observations on other aspects of the case because the petitioner has an appeal ..... before that authority. if we record any findings at this stage then he may be prejudiced. (5) the learned counsel for the petitioner has contended that the gift tax act of 1958 is ultra-vires of the constitution because it was nto within the competence of the parliament to enact the same. the submission made by him are similar to .....
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