Court : Punjab and Haryana
Reported in : [1982]51STC133(P& H)
..... navigation co. ltd. air 1961 sc 1633. it, therefore, becomes unnecessary to launch on any exhaustive dissertation on principle. it would suffice to mention that the specific part of the language of section 22(1) of the act is in pari materia with the corresponding part in section 66(1) of the indian income-tax act of 1922. this similarity is ..... manifest when the two provisions are juxtaposed with each other :section 22 of the punjab section 66(1) of the indiangeneral sales tax act income-tax act, 1922section 22. (1) within within sixty days of the date60 days from the passing upon which he is served withof an order under sect- the notice ..... itself. it is worth recalling that in the later case of commissioner of income-tax, west bengal v. indian molasses (private) ltd. air 1970 sc 2067 shah j., speaking for the bench unhesitatingly followed the majority view in scindia steam navigation's case air 1961 sc 1633.11. it remains now to advert to the correctness of their .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1983]141ITR750(P& H)
..... tribunal in para. 7 of its order has observed that the sub-partnership was not entitled to get registration. keeping in view the provisions of r, 11 of the income-tax (appellate tribunal) rules, 1963, the tribunal could at that stage point out the grounds for non-registration to the assessee to afford him an opportunity and could have pronounced ..... of the revenue, the following question of law was referred to this court for its opinion:2. whether, on the facts and in the circumstances of the case, the income-tax appellate tribunal was right in law in holding that the assessee was entitled to registration for the assessment year 1971-72 ?'3. this court, vide its order dated february ..... there should have arisen no question of its registration as a firm under section 185(1) of the i.t. act. it was further observed by the tribunal that even the names and addresses of the firms, the share income of which was intended to be shared by om parkash with shri bidhi chand, have not been specified in the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1982P& H204
..... the determination of right and liabilities from ordinary courts to executive officer. it is not a fiscal measure like the income-tax act or the land revenue act in which the income-tax officer or the revenue officer is charged with the duty of producing revenue for the state. it was designed primarily ..... the payment of the entire contract for the year 1961-62 and 1962-63 and if not how much sum is due from the plaintiff to the panchayat-defendant? 4. whether the sum of ..... the year 1962-63. 2.whether the plaintiff had taken contract of removing the dead animals for rs.5,000/- for the year 1961-62 and for rs.6,300/- for the year 1962-63. 3. if issue no. 2 is proved whether the plaintiff had made ..... leaving a balance of rs.3,200/-. rs.600/- are due from the plaintiff as balance of the contract money for the year 1961-62 and thus rs.3,800/- are due from the plaintiff and this amount can be recovered as arrears of land revenue.4. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1982)27CTR(P& H)4; [1982]138ITR830(P& H)
..... ]98itr209(sc) .therein it was observed (p. 224) :'from the above conspectus, it is clear that the essence of the scheme of the indian income-tax act is that depreciation is allowed, year after year; on the actual cost of the assets as reduced by the depreciation actuallyallowed in earlier years. it follows, ..... a profit of rs. 23,700 and was liable to be taxed in accordance with the provisions of section 41(2) of the i.t. act.4. the appeal filed by the assessee before the aac and the income-tax appellate tribunal were dismissed.5. we have heard the learned counsel for ..... had the assessee not consented to have an agreed order of assessment, the ito would have perhaps held an enquiry for determining his actual income for that year. the assessee having derived the benefit of an agreed order cannot be allowed to turn round and urge that such an ..... m.r. sharma, j.1. the income-tax appellate tribunal, chandigarh bench, chandigarh, has referred the following questions of law to us for our opinion :'(1) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1982)26CTR(P& H)455; [1982]134ITR625(P& H)
..... that the amounts collected by the assessee had not been spent purely for the purposes of charity.5. the assessee went up in second appeal before the income-tax appellate tribunal. this appeal was also dismissed by the learned tribunal with the observations that when the assessee had full control over the money collected by it ..... and when it could spend the money in any manner it liked, the principle laid down by the supreme court in cit v. sitaldas tirathdas : [1961]41itr367(sc) , was not attracted.6. we have heard the learned counsel for the parties at some length. ' charitable purpose ' is defined in section ..... 2(15) of the i.t. act as under:' ' charitable purpose' includes relief of the poor, education, medical relief, and the advancement of any other object of general public .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1982)27CTR(P& H)11; [1982]138ITR833(P& H)
..... dated march 12, 1975, and july 25, 1975, for the assessment years 1972-73 and 1973-74 respectively passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 ?'2. the assessee-firm was carrying on business in the manufacture of machinery parts and was also dealing in hand-tools. before the commencement ..... and he makes the same from and in consequence of running of the business asset. hence, income derived by an assessee from the lease of a factory becomes income from business and assessable under section 10 of the income-tax act.'' 7. this judgment was followed by a later division bench of this court in nauharchand chananram ..... v. cit . apparently, therefore, so far as this court is concerned, the matter stands concluded against the revenue.8. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1982)27CTR(P& H)1; [1983]141ITR122(P& H)
..... her knowledge about her liability to file voluntary returns under the income-tax act, in respect of assessment years 1971-72 to 1977-78, she did not care to ascertain her liability ..... under the wealth-tax act in respect of the above assessment years and in fact filed the returns as late as 22nd april, ..... showing as per letter dated april 15, 1978, addressed to income-tax officer, distt. ii(9), jullundur, in connection with her income-tax proceedings in respect of assessment years 1971-72 to 1977-78, it was some time in september, 1976, that she came to know that voluntary returns under the income-tax act, had to be filed by her. in spite of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1983P& H213
..... it is for the purposes of repairs. trips have been provided for the stage carriages of each operator in accordance with a time table which assures them the daily income therefrom. the public carriers, many times for days do not get the goods to be carried and continue to be idle. the government considered that the public carriers ..... state by 43 per cent but despite that these were not sufficient to sustain the transport business and the expenditure as incurred per km. operation was far more than the income worked out on the km. basis. reliance was placed by the petitioners on comparative statements supplied by them in annexure p. 8 and p. 9. the petitioners lament ..... or on inland waterways. 57. taxes on vehicles, whether mechanically prepared or not, suitable for use on roads, including tramcars subject to the provisions of entry 35 of list iii.' in atiabari tea co. ltd. v. state of assam, air 1961 sc 232 the majority view of the supreme court was that if a state act is passed under art. 304 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]138ITR138(P& H)
..... is not understandable as to how accrual could visit the petitioners. i am conscious that the scope of total income under section 4 of the act is either accrual of income, or deemed accrual of the said income. i am also cognizant, on the strength of cit v. shoorji vallabhdas and co. : [1962]46itr144(sc) , that the substance of the matter, despite ..... company giving effect to it under the date 31-3-1958.' 3. both the petitioners while submitting returns under the indian i.t. act, 1922, for the assessment year 1959-60 did not include in their income, which would otherwise have fallen due to them on accrual basis of rs. 2,000 per mensem, for the months of april, ..... being accrual, is the income, and if income does not result at all, there cannot be a tax, even though in book- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1982]136ITR496(P& H)
prem chand jain, j. 1. the income-tax appellate tribunal, amritsar bench, on the applications filed by m/s. sujan singh sadana under section 256(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), has referred the following question of law for our decision :'whether, on the facts and in the circumstances of the case, the tribunal was ..... justified in law in holding that the sums of rs. 1,60,806 and rs. 6,290 were liable to tax in the hands of ..... 6,290 for the assessment year 1968-69.5. on appeal, the aac upheld the order of the ito. still dissatisfied, the assessee filed an appeal before the income-tax appellate tribunal. on a consideration of the entire matter, the tribunal held that the right to receive the commission from the sub-contractors was acquired by the assessee as .....
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