Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)144; [1980]121ITR87(P& H)
..... that the registration is refused to the assessee-firm and then the order of refusal must be deemed to have been passed under section 185(1)(b) of the income-tax act, 1961, and not under the proviso to sub-section (4) of section 184. that being so, the order refusing registration to the assessee-firm in the present case ..... 184(4) tantamounted to an order under section 185(1)(b) and so an appeal was maintainable against such an order under section 246(1)(j) of the income-tax act, 1961 ' 4. after hearing the learned counsel for the parties, we are of the opinion that the tribunal was right in law in holding that the order passed ..... and, thus, an appeal was competent against such an orderunder section 246(1)(j) of the act. in the case of cit v. dineshchandra industries : [1975]100itr660(guj) , the provisions of the earlier act of 1922 and theprovisions of the present act of 1961 have been considered and it has beenobserved that there were no justifying reasons for parliament to departmaterially .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)77; [1980]122ITR972(P& H)
..... that the expenses of rs. 13,135 were allowable under section 37 of the income-tax act, 1961 '3. it has been argued on behalf of the revenue that in view of section 37(2a) of the income-tax act, 1961 (hereinafter referred to as ' the act '), the sum of rs. 13,135 incurred as business expenses by the assessee ..... generous and liberal way. the term ' entertainment', in the context of the income-tax act, on its true construction and meaning, would include the acts or practice of receiving and entertaining strangers and friends in a friendly, generous and liberal way. these acts may consist of providing, inter alia, a formal or elegant meal, a banquet ..... we have indicated above. we think that the revenue was right when it was contended on its behalf that entertainment is hospitable treatment of guests and every act of entertainment includes hospitality. but, in our opinion, that would not warrant the converse position to be correct and every hospitality would not constitute entertainment. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)80; [1980]125ITR91(P& H)
..... of the case, the tribunal was right in law in deleting the penalty of rs. 90,600 imposed on the assessee under section 271(1)(a) of the income-tax act, 1961 ?'the brief facts giving rise to this reference are that the assessee-firm known as mangat ram hazari mal kuthiala, pathankot, carried on the business of exploitation of ..... had taken place, and all the provisions of this act, including the provisions relating to the levy of a penalty or any other sum chargeable ..... the provisions of s. 189(1) of the act, as they stand in the new act, are as follows:'189. (1) where any business or profession carried on by a firm has been discontinued or where a firm is dissolved, the income-tax officer shall make an assessment of the total income of the firm as if no such discontinuance or dissolution .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)82; [1981]132ITR241(P& H)
..... (sc) , repeated the same observations, to the following effect (p. 376) : 'before we conclude we may refer to the decision of this court in commissioner of income-tax v. anwar ali : [1970]76itr696(sc) , wherein it has been held that one of the principal objects in enacting section 28 is to provide a deterrent against recurrence ..... 271(1)(c) along with its explanation : '(1) if the income-tax officer or the appellate assistant commissioner, in the course of any proceedings under this act, is satisfied that any person--..... (c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such person shall pay by way of penalty ..... cit v. bharath tubewell stores ). it was observed by this court that since the matter rested on the determination as to on whom the onus lay to prove that the concealment was deliberate or not and on the true effect of the explanation to section 271(1)(c) of the i.t. act, 1961 (hereinafter referred to as 'the act .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)88; [1980]122ITR461(P& H)
..... act, on the direc-tion of this court, the following question of law has been referred to this court for its opinion ..... gains liable to assessment has been-correctly computed in accordance with the provisions of section 55(2) of the income-tax act, 1961 ?' 5. the proceedings against the assessee under sections 271(1)(a) and 271(1)(c) of the act were also initiated. the penalty was imposed on the assessee and in these penalty proceedings, the assessee also approached ..... reference no. 98 of 1974 for its opinion under section 271(1)(a) of the act:' whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the penalty under section 271(1)(a) of the income-tax act, 1961, was exigible ?'6. as regards the proceedings under section 271(1)(c) of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1980]121ITR161(P& H)
..... came to india in 1970, and for the purpose of going back to u.k., he filed an application for income-tax clearance certificate under section 230 of the income-tax act, 1961 (hereinafter referred to as 'the act'). along with that application, he filed an affidavit dated 19th june, 1974, deposing therein that he had no immovable ..... of the facts and circumstances of the case, the tribunal was legally right in holding that the assessment order passed by the income-tax officer was 'erroneous' as contemplated under section 263 of the income-tax act, 1961, and therefore, the commissioner was competent to revise the assessment ? 3. whether the order under section 263 as made ..... of the case, the tribunal was right in holding that the assessment made by the income-tax officer under the provisions of section 147 was not covered by clause (a) of sub-section (2) of section 263 of the income-tax act, 1961, and consequently, the commissioner was not precluded from revising the assessment order under section .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)90; [1980]121ITR232(P& H)
..... the declared income of the assessee. thesaid addition was confirmed by the aac on appeal. in second appeal to the appellate tribunal, ..... the assessment year 1972-73, the ito completed the assessment at a total income of rs. 78,440 as against the declared income of rs. 22,280. the ito purported to apply the prohibition contained in section 40a(3) of the income-tax act, 1961 (hereinafter called 'the act'), and on this account made an addition of rs. 56,156 to ..... for the purchase of goods fall within the meaning of the expression 'expenditure' in section 40a(3) of the act. this judgment has also been subsequently followed by this court in cit v. new light tin manufacturing company, income-tax reference no. 63 of 1974, decided on 27th august, 1979 (since reported in ). the learned counsel in support .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)15CTR(P& H)272; [1981]132ITR342(P& H)
..... 091 for the assessment year 1969-70, by way of payment of interest to m/s. yog textile mills, amritsar, was an admissible deduction under section 37(1) of the income-tax act, 1961 ?'6. in i.t. ref. no. 62 of 1975, the following question of law has been referred to this court for our opinion :'whether, on the facts and ..... that the assessee is to succeed on this point. as already stated earlier, the learned counsel has pressed his claim under the provisions of section 37(1) of the income-tax act, 1961. thus, we have to examine as to whether or not the assessee's claim is covered under the provisions of the above section. the assessee, apart from holding shares ..... dhillon, j.1. this judgment will dispose of income-tax references nos. 73 to 75 of 1974 and no. 62 of 1975. since the facts are common and a common question of law is involved in these references made under section 256(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), the same are being disposed of by this common .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)389; [1980]121ITR793(P& H)
..... b.s. dhillon, j. 1. the constitutional validity of expln. 2 to sub-section (8) of section 139 of the income-tax act, 1961 (hereinafter referred to as ' the act '), is sought to be challenged in this writ petition on the ground that it is violative of article 14 of the constitution of india. it may be ..... the case of a registered firm penal interest ceases to be an amount of compensation and it cannot be said that there is violation of the object of the income-tax act, nor does it result in the payment of penalty. the payment of double penalty is out of question because penal interest is not penalty at all. it is ..... brothers' case : [1970]77itr107(sc) , that registered firms have been given certain benefits for the purposes of income-tax as contained in the act. the act itself divides the firms into two categories registered and unregistered. the various provisions of the act go to show that registered firms have been given certain benefits ; while some other benefits have been given by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1980)14CTR(P& H)383; [1981]127ITR608(P& H)
..... rajendra nath mittal, j.1. the income-tax appellate tribunal, chandigarh bench, chandigarh, has referred the following question of law under section 256(1) of the i.t. act, 1961 (hereinafter referred to as 'the act'), for the opinion of this court:'whether, on the facts and in the circumstances of the case, the loss of rs. 2,30,000 on ..... the revenue has strenuously urged that such a finding is binding. in support of his contention, he has referred to cit v. scindia steam navigation co. ltd. : [1961]42itr589(sc) , aluminium corporation of india ltd. v. cit : [1972]86itr11(sc) and cit v. madan gopal radhey lal : [1969]73itr652(sc) .17. we have given due consideration to the arguments ..... after 10 years and would carry interest at the rate of 8% per annum subject to indian taxes. the reserve bank gave its approval, vide letter dated august 25, 1961. thereafter, the assessee received 1,84,000 swiss francs on august 10, 1961, from m/s. groz-beckert international a. g. and a further amount of 1,84, .....
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