Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)8ITD124(Delhi)
..... 1. the assessee, a private limited company, is in appeal for the assessment year 1975-76 against the ito's penalty order under section 273(c) of the income-tax act, 1961 ('the act'). the ito imposed a penalty of rs. 25,150. the commissioner (appeals) has confirmed the penalty and, hence, this appeal.2. the assessee's counsel, shri vimal gandhi, invited ..... was based on an assessed income become nonexistent in the eye of law on the passing of the order of the aac dated 27-5-1974. the authorities cited by the assessee's counsel certainly support him. the punjab and haryana high court has dealt with the importance of rectification in the context of the wealth-tax act, 1957, in its judgment ..... 3a) of the act. the assessee's counsel then put forward his legal objection that the advance tax notice under section 210 dated 6-6-1974 was not a valid notice as in accordance with the decision of the aac dated 27-5-1974, the assessee will be having a loss of rs. 7,253 instead of the income of rs 66, .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1984)(17)ELT187TriDel
..... decision is not clear.in ganga properties v. i.t.o. calcutta, (1979) 118 itr 447, it has been held with reference to section 263 of the income-tax act, 1961, that materials which were not in existence at the time the assessment was made but came afterwards into existence cannot be taken into consideration by the commissioner for the purpose ..... a matter where the assessee's interests are going to be seriously affected by some order that may be passed in a proceeding under section 33-b of the income-tax act, 1922, a mere oral information cannot be considered as sufficient in law and it must be held that the first essential preliminary of such an opportunity must be ..... and the record alone may be scrutinised for ascertaining the legality or propriety of an order or regularity of the proceedings. to the same effect were two decisions under the income-tax act, one being the calcutta high court decision in ganga properties v. i.t.o. - 1979 (118) i.t.r. 447 (cal.h.c.) ; the second decision being .....
Tag this Judgment!Court : Delhi
Reported in : ILR1984Delhi134; [1985]151ITR584(Delhi)
..... ) whether, on the facts and in the circumstances of the case, the commissioner of income-tax was entitled to pass an order under section 263 to revise the assessment order, to direct the income-tax officer to initiate proceedings for the imposition of penalty under section 273(a) of the income-tax act, 1961 ?'35. the cases relate to the assessment year 1964-65. the assesseds were served ..... . whether, on the facts and in the circumstances of the case, the commissioner of income-tax was entitled to pass an order under section 263 to revise the assessment order, to direct the income-tax officer to initiate proceedings for the imposition of penalty under section 273(a) of the income-tax act, 1961 ?' 2. the assessed in the four sets of references are partners of a firm .....
Tag this Judgment!Court : Delhi
Reported in : (1984)43CTR(Del)296; [1985]156ITR556(Delhi)
..... to us : 'whether, on the facts and in the circumstances of the case, and having regard to the provisions contained in section 28(iv) and section 67 of the income-tax act, the rent and electricity charges paid by the firm in respect of the portion of the premises occupied by the assessed-partner as residence is liable to be ..... a rent-free written contract. moreover, as the firm had also been taxed by virtue of the disallowance of half the amount and the partners had also suffered tax on allocation, it was urged that the assessed could only be liable to tax on a share income under section 67 of the act. on the other hand, the department contended that 50 per cent. ..... of the accommodation was used for personal purposes and hence section 28(iv) was attracted. the tribunal accepted the assessed's view-point and held that the amount could only be taxed in the hands of .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(19)ELT209TriDel
..... in respect of excise duty, on increased production of goods, the relevant provision was contained in section 280zd of the income tax act, 1961, as inserted by the finance act, 1965, it provided for the grant of a tax credit certificate for an amount not exceeding 25% of the amount of the duty of excise payable by the assessee on the quantum ..... was rejected by the high court, having regard to the meaning given to the expression "duty of excise" in sub-section (6) of section 280zd of the income-tax act (quoted above).11. in their subsequent judgment in the case of orient paper mills, which inter alia raised the same point, their lordships of the delhi high court ..... for the appellants, the delhi high court was guided by the specific definition of the expression "duty of excise" contained in section 280 zd of the income-tax act. this definition would not be applicable to other enactments where the expression "duty of excise" has not been so defined. section 3 of the provisional collection of .....
Tag this Judgment!Court : Delhi
Reported in : (1984)41CTR(Del)79; [1986]158ITR159(Delhi)
..... case of the same assessed reported as shiv shanker lal v. cit : [1974]94itr433(delhi) , to hold that the transfers in the present case fell under the definition of gift given in s. 4(1)(a) of the gt act, and hence, were excluded because of s. 47(iii) of the it act, 1961, from the purview of taxation as 'capital gain'. 6. this ..... . to continue the facts of the case, it may be mentioned that the aac held that the profits were assessable under the head 'capital gains' and not under the head 'income from business'. however, following the judgment of the kerala high court in the case of k. p. varghese v. ito : [1970]77itr719(ker) , it was held that s. 52 ..... would not attract 'capital gains' and hence, neither s. 52 nor s. 47 would apply. we answer the question referred to us by holding that the income in question has to be treated as 'business income' and not under the head 'capital grains' and, thereforee, the question referred to us has become redundant. if the assessed is not treated as a .....
Tag this Judgment!Court : Delhi
Reported in : (1984)43CTR(Del)283; [1984]149ITR1(Delhi)
..... assessed under some misapprehension or mistake fails to make an entry in the books of account and although, under the law, a deduction must be allowed by the income-tax officer, the assessed will lose the right of claiming or will be debarred from being allowed that deduction. whether the is entitled to a particular deduction or ..... accounting period and, hence, was to be allowed. in other words, he allowed the deduction without any discussion in the order. 5. the department appealed to the income-tax appellate tribunal where different views were taken by the accountant member and the judicial member. the accountant member was of the view that the aac was right, but ..... the amount had been determined the assessed filed a revised return. the calcutta high court had held that unpaid and disputed sales tax liability could not form a basis of a claim for deduction for the purpose of income-tax. 9. the supreme court held as follows (p. 367) : 'we are wholly unable to appreciate the suggestion that .....
Tag this Judgment!Court : Delhi
Reported in : [1985]152ITR583(Delhi)
..... : [1975]98itr681(delhi) (2) whether the tribunal was correct in holding that the aforesaid amount cannot be brought to tax in the assessment year 1967-68 in spite of the provisions of s. 68 of the income-tax act ?' 2. the answer to the first question has to be in favor of the department because of the judgment of the supreme court ..... in jagnaprasad kanhaiyalal v. cit : [1981]130itr244(sc) , wherein the judgment of the delhi high court reported as rattan lal v. ito ..... in existence at all, smt. some rani (or assuming that she is the benamidar of the assessed), or he would have gone to the commissioner of income-tax with a voluntary disclosure and paid tax. it is, thereforee, clear that so far as the cash credit is concerned, it has been explained as having come out of the amounts which were .....
Tag this Judgment!Court : Delhi
Reported in : (1985)46CTR(Del)30; [1986]157ITR187(Delhi)
..... are all ladies; the husbands of these ladies are partners in the assessed-firm. when this firm, m/s. jai and co., applied for registration under section 185 of the income-tax act, 1961, the income-tax officer came to the conclusion that the said firm was a benamidar of the assessed-firm and so registration was refused. the ..... the assessed-firm. appeals filed by m/s. jai and co. failed up to the tribunal. on account of alleged concealment of income for not including the income of m/s. jai and co. in its disclosed income, the income-tax officer initiated penalty proceedings, which were referred to the inspecting assistant commissioner on account of the minimum penalty being more than rs. 1, ..... conclusive. however, it is good evidence.' 10. in the present case, if we consider the explanationn as being the set of facts before the income-tax officer in the case of m/s. jai & co., we could not treat it as positive evidence that there had been a concealment. on the other hand, as explained above, .....
Tag this Judgment!Court : Delhi
Reported in : [1984]149ITR202(Delhi)
..... shall be made in the predecessor firm and the successor firm in accordance with the provisions of section 170.' 3. not satisfied, the revenue filed an appeal before the income-tax appellate tribunal which agreed with the order of the aac, but, nevertheless, was of the view that a question on law did arise for consideration of the high court. ..... wadhwa, j. 1. the income-tax appellate tribunal, delhi bench 'c' referred under s. 256(1) of the i.t. act, 1961, (hereinafter referred to as 'the act'), the following question to this court : 'whether, on the facts and in the circumstances of the case, there was a case of change in the constitution of the firm ..... the previous year shall, for the purposes of inclusion in the total incomes of the partners, be apportioned between the partners who, in such previous year, were entitled to received the same; and (ii) when the tax assessed upon a partner cannot be recovered from him, it shall be recovered from the firm as constituted at the time of making .....
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