Court : Punjab and Haryana
Reported in : [1972]85ITR422(P& H)
..... relief as there was a succession in the family on 14th april, 1956.'8. the department being dissatisfied with this order moved an application under section 66(1) of the income-tax act, 1922, and at its instance the questions already stated were referred for our opinion.9. before we proceed to state our answer to the real question before us, it will ..... case of muni lal :'whether, on the facts of the case, the hindu undivided family of shri muni lal was entitled to the relief under section 25(4) of the income-tax acts 1922?'6. this is the very question which will arise in the case of the other two, moti lal and hans raj. the answer that we propose to give to ..... in the constitution of the partnership of the firm, m/s. muni lal moti lal and, therefore, they were not entitled to the relief under section 25(4) of the income-tax act, 1922 ?'5. the controversy before us has merely been confined to the case of succession to the three brothers, muni lal, moti lal and hans raj. in the case of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H244; [1958]34ITR164(P& H)
..... and does not say that it is realisable from the petitioners individually.4. admittedly the amount for which an assessing entity becomes liable to pay under the income-tax act is a debt due to the government. section 46 prescribes various modes by which this amount may be recovered and to achieve this object it is open ..... . now under section 2, sub-clause (9) of |the income-tax act, a person includes a hindu undivided family. accordingly a hindu undivided family is an entity for assessment. the petitioners with other members constitute a hindu undivided family ..... decision.2. the question that requires determination in this case is whether the amount mentioned in a certificate sent under section 46(2) of the indian income-tax act for recovery of the amount due from the joint hindu family as arrears of land revenue could be recovered from the individual coparcener by arrest and detention.3 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H259; [1958]33ITR170(P& H)
..... i. t. delhi v. gajja nand gobind ram (a) and we held that in such circumstances no question arose of the application of section 14(2) (c) of the income-tax act. the result is that i would answer the second of the questions framed in the affirmative. the commissioner is directed to pay the costs of the assessee respondent. counsel's ..... business carried on by a person who is not resident in british india or not ordinarily so resident accrue or arise in british india or are deemed under the indian income tax act, 1922, as to accrue or arise, then except where the business being the business of a person who is resident but not ordinarily resident in british india is ..... (d). the answer to the first question must accordingly be that the claim of losses in this case is governed by the provisions of sectioa 10 (1) of the income tax act and not by the sections relied on by the commissioner. 5. the second question, however, raises a more difficult point in view of the fact that the provisions of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H284; [1953]24ITR199(P& H)
..... be deducted from or set off against the profits and gains in british india in the same period in order to arrive at the asses-see's taxable income under the income-tax act, 1922.'2. according to the statement of the case as explained by counsel the assessee is a re-gistered firm resident in ludhiana. the year of assessment ..... mean 'equitable to a layman unhampered by the specific directions contained in section 10 said : 'this argument seems to me to run counter to the whole scheme of the income-tax act. section 2(4) which defines 'business' does not confine it to business carried on in british india. section 4 which is the charging section expressly and definitely subjects ..... one of which makes a citizen liable and the other does not -- the courts must give the latter interpretation. but in the present case no provision of the income-tax act has been brought to our notice which makes it clear that the assessee is liable. on the other hand precedents show that in cases like the one which is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H582; [1960]39ITR289(P& H)
..... was, therefore, altered accordingly. later on, however, in april 1944 the high court took a contrary view on a reference made under s. 66 of the income-tax act, and subsequent assessments were consequently made in accordance with that opinion.as it happened, however, the matter was taken to the privy council, and in july 1947 ..... his son daulat ram, a member of the same family, in his individual capacity. when the question of assessment under the indian income-tax act of the year 1938-39 came up before the income-tax authorities, they took the view that such a partnership consisting of a karta and a junior member of the family was invalid and ..... the privy council reversed the view adopted by the high court and held the firm validly constituted. the income-tax authorities then started proceedings under s. 34 of the income-tax act and notices were issued and reassessment was made. the assessee appealed and the appellate assistant commissioner held that proceedings under s. 34 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1987]166ITR289(P& H)
..... in these three cases were tried by the judicial magistrate, first class, safidon, on the complaint filed by the income-tax officer, jind, under section 276c(1) of the income-tax act, 1961, for attempt to evade tax. the offence in these cases is punishable with minimum imprisonment of three months. the learned trial magistrate, safidon, after ..... trial, convicted respondent no. 2 under section 276c(1) of the income-tax act, but in place of sentencing him to imprisonment, released him on probation.3. the income-tax officer, ..... and cannot be sustained.5. the orders passed by the learned magistrate are in clear violation of the statutory provisions of section 292a of the income-tax act and being illegal, amount to misuse of process of law. these orders cannot be permitted to stand.6. the petitions are accepted. the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1985]154ITR429(P& H)
..... in the circumstances of the case, the transfer of shares was made by the assessee with the object of avoidance or reduction of income-tax liability so as to attract the provisions of section 52(2) of the income-tax act, 1961 ? (iv) whether; on the facts and in the circumstances of the case, the tribunal was right in law in holding ..... that capital gains tax could not be charged under section 52(2) in view of the provisions of section 47(iii) of the income-tax act, 1961?' 2. the learned counsel for the assessee states that in the event of the question referred at the instance ..... and their lordships have expressly held that in view of the provisions of cl. (iii) of section 47 of the act, the amount in question having already been subjected to gift tax, the same stands exempted from the payment of income-tax and overruled the full bench decision of the kerala high court in ito v. varghese : [1973]91itr49(ker) and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1985]156ITR482(P& H)
..... . patram dass raja ram ben , and it was held that the amount paid under provisional assessment under section 23b of the indian income-tax act, 1922 (now section 141 of the income-tax act, 1961), cannot be deducted for calculating the penalty. these references thus stand concluded by the above-noted two decisions of this court and are accordingly answered in the ..... i.t. act, 1961, was to be deducted from the amount of tax determined under section 143(3) of the i.t. act, 1961, in order to determine the amount of tax on which the computation of penalty was to be based '3. the view of the tribunal was based on the unamended provision of section 271(1)(a) of the income-tax act, when ..... the words used therein were, 'in addition to the amount of tax, if any, payable by .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1972]84ITR85(P& H)
..... by the tribunal is the correct one. we accordingly answer the following questions : ' (1) is the mode of computation of super-tax as adopted by the tribunal valid and in accordance with the provisions of section 17 of the indian income-tax act ? (2) whether on the facts and circumstances of the case the effect of section 17(3) is to be given before ..... proportionately increasing the super-tax under section 17(4)(a) or after ?' 9. which have been referred for our opinion as under : the ..... first question is answered in the affirmative. the second question is answered as follows : the effect of section 17(3) is to be given after proportionately increasing the super-tax under section 17(4)(a) of the income-tax act, 1922. 10. in the circumstances, we make no order as to costs.
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)197CTR(P& H)204; [2005]275ITR356(P& H)
..... filing of the return. in a given case, there may not be any tax payable on the returned income and, thus, even if such a return is filed late, no penalty for late filing of the return under section 271(1)(a) of the income-tax act, 1961, would be leviable nor would it attract the levy of any penal interest. thus ..... , an assessee can easily manipulate and delay his liability to pay wealth-tax by not filing the return of income in time. according to us, mere non-availability of a possible income-tax liability by itself cannot constitute a ..... to the date of filing of those returns should be considered as a reasonable cause for delay in filing the wealth-tax returns, which could not have been filed without the determination of tax liability under the income-tax act. the assessing officer rejected the explanation and levied the penalty at the rate of 2 per cent, per month for .....
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