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income-tax Officer Vs. Ashoka Biscuit Works and ors.

Court : Andhra Pradesh

Reported in : [1996]219ITR458(AP)

..... of 1986 on the file of the special judge for economic offences, hyderabad, respectively, acquitting the respondents-accused of offences under section 276c and 277 of the income-tax act, 1961, and sections 193 and 196 of the indian penal code, by separate judgments dated october 31, 1991. ..... these circumstances, the trial court found that no offence under sections 276c and 277 of the income-tax act are made out. 6. ..... main ingredient of the offence under section 276 of the income-tax act is wilful attempt to conceal the income. ..... is no legal bar in giving due regard to the result of the proceedings under the income-tax act. ..... it so happened during course of examination of accounts of r-1 firm, that the income-tax officer had an occasion to go through the ledger relating to the assessment year 1977-78, wherein the sales through the commission agents relating to the year ending march 31, 1976, were found accounted during ..... the income-tax appellate tribunal deleted the penalties by holding that the revised returns were filed before any detection by the department and further held that the income-tax officer has not brought home concealment of income by r-1 firm and the orders of the tribunal have become final as no reference was filed before the high court against the findings of ..... while working out the taxable income, the firm omitted to take into account the sales made through the commission agents during the last quarter of the years 1977 and 1978 in the assessment years 1977-78 and 1978-79, .....

Choice Trading Corpn. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Cochin

Reported in : (1995)54ITD216(Coch.)

..... had indicated the nature of prima facie adjustments that can be made in an intimation sent under section 143(1)(a) of the act and the circular is as follows: subject: scope of prima facie disallowances under section 143(1)(a) of the income-tax act, 1961- regarding. ..... passed a detailed order under section 154(1)(b) of the income-tax act, 1961. ..... made as prima facie adjustments in the intimation sent under section 143(1)(a) of the income-tax act, 1961. ..... that the profits of the business are to be determined in a commercial sense and in accordance with the specific provisions of the income-tax act, 1961 for determining the income under the head "profits and gains of business". ..... the denial of section 80-1 deduction was against the ratio laid down by the various benches of the income-tax appellate tribunal rendered in the following cases: it was also vehemently contended that at the time when the return of income was filed in december 1992, the interpretation of the appellate authority was that the assessee was entitled to claim deduction under section 80-1 in respect of the construction activities engaged by it and the decision of the supreme court in ..... was assailed on the ground that the assessee was engaged in the business of export of iqf product for which claim for deduction under section 80-1 had been made and in the process the assessing officer has omitted to consider the profit attributable to the export of block frozen products which was also the business of the assessee. .....

Harvansh and Sons Vs. Union of India

Court : Madhya Pradesh

Reported in : [2003]133TAXMAN926(MP)

..... income-tax will have to be collected at source under the provisions of section 206c by all persons referred to in section 44ac of the income tax act, 1961 ..... section 206c of the income tax act, 1961 (hereinafter referred to as the act ..... 565, dated 11-7-1990 regarding collection of income-tax at source under section 206c of the income tax act in respect of profits and gains from the ..... the term purchase price, used in section 44ac of the income tax act was being understood in different ways. ..... counsel for income tax department made enormous effort to interpret section 206c of the act in a ..... (5a) every person collecting tax in accordance with the provisions of this section shall prepare half yearly return for the period ending on 30th september and 31st march in each financial year, and deliver or cause to be delivered to the prescribed income-tax authority such returns in such form and verified in such manner and setting forth ..... on intoxicating drugs by an acreagate rate levied on the cultivation of the hemp plant or by a rate charged on the quantity collected;(b) on spirit or beer manufactured in any distillery established or any distillery or brewery licensed under this act(i) in accordance with such scale of equivalents calculated on the quantity of materials used, or by the degree of attenuation of the wash or wort, as the case may be, as the state government may prescribe or;(ii) by a rate ..... here that section 44ac was omitted on 1-4-1993 by finance act, 1992 and section 206c has become .....

Andhra Pradesh State Seeds Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Reported in : (1983)5ITD624(Hyd.)

..... in these appeals relates to relief under section 35c of the income-tax act, 1961 ('the act'). ..... section 35c would be applicable to the extent of services rendered, the income-tax officer should compute the expenditure incurred towards such services after deducting any consideration received and compute the allowance due under section 35c ..... as the income-tax officer held that section 35c was wholly inapplicable, he did not examine the details ..... similar facts the delhi high court came to the conclusion that the words 'being the property of the assessee' appearing in section 10(2)(vi) of the 1922 act had the same meaning as the words 'owned by the assessee' appearing in section 32(1) of the 1961 act and these words merely clarified the position that already existed under section 10(2)(vi). ..... the articles or things which are treated to be manufactured or produced for purposes of section 33 of the act as set out in the fifth schedule is 'processed seeds' which finds place at item ..... the income-tax officer would compute such relief as per the guidelines indicated above ..... claimed, was with the appellant corporation during the relevant period and having regard to section 53a of the transfer of property act, 1882, the appellant's claim should have been allowed.13. ..... allahabad high court held that : therefore, an undertaking engaged in processing of seeds is an industrial undertaking and the income derived from the processing of seeds would be entitled to relief under section 80j of the act.... (p. .....

Dynavision Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Madras

Reported in : (1991)36ITD1a(Mad.)

..... [1964] 53 itr 140, the supreme court held as follows at page 170 of the reports while construing the expression "for the purpose of the business" in section 10(2)(xv) of the indian income-tax act, 1922, which corresponds to section 37(1) of the present income-tax act, 1961 :- the aforesaid discussion leads to the following result : the expression " for the purpose of the business" is wider in scope than the expression "for the ..... expenditure on grounds of commercial expediency in the hands of the present appellant.the learned counsel submitted that the provisions contained in sections 40a(9) and (10) of the income-tax act, 1961 were applicable to trusts created for the welfare of the employees of a company and that in the absence of a similar provision in the act against dealers' welfare trust, there could be no objection to the acceptance of the appellant's claim for deduction of this amount ..... the total value of the machinery or plant used in the business, then, for the purposes of clause (ii) of this sub-section, the condition specified therein shall be deemed to have been complied with.we have quoted the relevant sub-sections of section 80-i as well as explanation 2 which have a material bearing on the point at issue in the present appeal and omitted the other provisions, as they are not relevant for the purposes of this appeal.106. ..... 1960] 3 scr 38 at page 48; 38 itr 601, 610 (sc) :- we have omitted the passage given in the earlier judgment of the supreme court in the case of .....

Commissioner of Income-tax Vs. Premier Cotton Spinning Mills Ltd.

Court : Kerala

Reported in : (1981)20CTR(Ker)357; [1981]128ITR694(Ker)

..... 41,250, being 50% of the donation made by the assessee-company and deducted under section 80g of the income-tax act, 1961, is an item includible in the total income of the assessee and that the capital of the company is not to be decreased correspondingly for the purpose of rule 4 of the second schedule to the companies (profits) surtax act, 1964 ?' 8. ..... the conclusion that emerges from the foregoing discussion is that the tribunal was perfectly right in holding that the amount of deduction allowed to the assessee under section 80g of the act is not to be treated as part of the income of the assessee-company 'includible in its total income as computed under the income-tax act' within the meaning of the said expression contained in rule 4 of sch. ..... in the view of the commissioner the amount covered by such deduction granted under section 80g constituted part of the income of the assessee 'not includible in its total income as computed under the income-tax act' for the purpose of rule 4 of sch. ..... in other respects, the provisions of the new section correspond to the provisions of the existing section 88 (as sought to be amended by clause 26 of the bill), which, in consequence, is sought to be omitted by item 15.' 14. ..... vi-a, as it originally stood, was omitted and a new chapter was substituted containing sections 80a to 80t. ..... it was only with effect from april 1, 1968, that section 88 was omitted from the act and the present provision contained in section 80g was introduced in chap. .....

Assistant Commissioner of Income Vs. Sakay Traders

Court : Income Tax Appellate Tribunal ITAT Amritsar

Reported in : (2001)74ITD497(Asr.)

..... the return cannot be treated as a valid report by subsequent furnishing of the unsigned audit report for claiming deduction under section 80hhc of the income tax act, 1961.on the other hand, the learned counsel for the assessee has brought to our notice cbdt's circular no. ..... specified in detail in that circular) but does not file any evidence in support thereof then the assessing officer can prima facie disallow the same as inadmissible under, section 143(1)(a) of the income tax act, 1961 and the same, later on, cannot be allowed by the assessing officer by passing an order under section 154 even if the assessee subsequently furnished the evidence in support thereof. ..... where the sums referred to in the first proviso under section 43b had in fact been paid on or before the due dates mentioned therein, but the evidence therefore had been omitted to be furnished along with tile return, the assessing officer's can entertain applications under section 154 for rectification of the intimation under section 143(1)(a) or orders under section 143(3), as the ease may be, and decide the ..... where the sums referred to in the first proviso to section 43b had, in fact, been paid on or before the due dates mentioned therein, but the evidence therefore, had been omitted to be furnished along with the return, the assessing officer can entertain applications under section 154 for rectification of the intimation under section 143(1)(a) or orders under section 143(3), as the case may be, and decide the same .....

M/s Pulp N'Pack Private Ltd., Tadimalla Nidadavote Mandal rep. by Its ...

Court : Andhra Pradesh

Reported in : (2009)23VST573(AP)

..... authority. the provisions of section 33c are in pari materia borrowed from section 241 of the income tax act 1961 (omitted by the finance act 2001, ..... ltd. (supra) the learned bench of the gujarat high court (in a case arising under section 241 of the income tax act 1961) held that the existence of the structural conditions does not relieve the assessing authority from forming an opinion that the grant of refund is likely to adversely affect the ..... the new act ..... validity of section 241 of the income tax act, 1961 was questioned as beyond the legislative competence of the state and as conferring a power to nullify the effect of the judgment of the high court (the high court had allowed a reference holding that the apsrtc is an institution meant for the advancement of the object of general public utility not involving the carrying on of any activity for profit and therefore this income is exempted from assessment to tax under section 4(3)(i) of the old act and section 11 of .....

Commissioner of Income-tax Vs. Gaskets and Radiators Distributors

Court : Gujarat

Reported in : (2006)206CTR(Guj)209; [2008]296ITR440(Guj)

..... was whether the interest on deposits with tamil nadu electricity board should be treated as income derived by the industrial undertaking for the purpose of section 80hh or not, and the hon'ble supreme court has observed that section 80hh of the income tax act grants deduction in respect of profits and gains sderived from an industrial undertaking and the words sderived from in section 80hh of income tax act, 1961 must be understood as something which has a direct or immediate nexus with the assessee's industrial ..... the receipts from the sale of import entitlements could not be included in the income of the assessee for the purpose of computing the relief under section 80hh of the income-tax act, 1961.in commissioner of income tax v. ..... relying upon the aforesaid decision, he has submitted that any receipt of amount so as to attract section 80hh of the income tax act must be understood as some thing which has a direct or immediate nexus with the assessee's industrial undertaking. ..... so far as the amount received by the assessee for sales in india, and the claim of the assessee for that amount under section 80hhc of the income tax act is concerned, it is required to be noted that for claiming deduction under section 80hhc of the income tax act only an assessee being an indian company or a person resident in india can claim the benefit/deduction under section 80hhc. .....

Commissioner of Income-tax, Patiala Vs. H.M. Steels Ltd.

Court : Punjab and Haryana

..... they have not claimed that the freight subsidy received from the himachal pradesh government by the assessee is allowed to be included as profit derived from an industrial undertaking and, therefore, eligible as a deduction under section 80-ic of the income tax act, 1961 . ..... by the assessee is allowed to be included as profit derived from industrial undertaking and eligible as deduction u/s 80ic of the income tax act, 1961, when it has been clearly laid down by supreme court in its decision in the cases of cambay electric supply industrial co. ..... (iv) whether in the facts and circumstances of the case, the itat was right in law in holding that the income from sales tax deferment rebate received by the assessee is allowed to be included as profits derived from industrial undertaking and eligible for deduction u/s 80ic of the income tax act, 1961, when the assessee received it from the himachal govt. ..... ) where the point in issue was whether a receipt on account of transport/freight subsidy was of a revenue nature and was inseparably connected with the business and not whether it was income derived from the business of the industrial undertaking and eligible for deduction u/s 80hh/80ia/80ib of the income tax act, 1961? ..... for the benefit of any incentive of sales tax leviable on the sale of manufactured goods under himachal pradesh general sales tax act, 1968 and the income derived from such rebate is not an income derived from industrial undertaking. .....