Court : Allahabad
..... of debts due to banks and financial institutions act, 1993 (for short 'the act') confers power under section 29 of the said act with the debt recovery tribunal to sell the property of the certificate debtors in terms of 2nd and 3rd schedules to the income tax act, 1961 and c.w.p. ..... learned counsel for the petitioners in support of the writ petition contended that the sale of the mortgaged assets is to be conducted in accordance with the rules namely; the security interest (enforcement) rules, 2002 (hereinafter called the "rules, 2002") which rules do not provide for e-auction for sale of the mortgaged assets, hence the e-auction notice dated 25/8/2013 is without ..... though the petitioner has also challenged the orders passed by the debt recovery tribunal in the matter of attachment and sale, but we leave that question open to the petitioner to seek their adjudication before the appropriate ..... the time after which sale by any other mode shall be completed; (e) depositing earnest money as may be stipulated by the secured creditor; (f) any other thing which the authorised officer considers it material for a purchaser to know in order to judge the nature and value of the property. ..... a bar in at least three contingencies, namely, where the writ petition has been filed for the enforcement of any of the fundamental rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged. .....
Tag this Judgment!Court : Allahabad
..... it is legally possible effect should be given to every disposition contained in the will unless the law prevents effect being given to it, of course, if there are two repugnant provisions conferring successive interests, if the first interest created is valid the subsequent interest cannot take effect but a court of construction will proceed to the farthest extent to avoid repugnancy, so that effect could be given as far as possible to every testamentary intention contained in the ..... armchair of the testator and is bound to bear in mind also other matters than merely the words used and the probability that the testator had/would have used the words in a particular sense, in order to arrive at a right construction of the will and ascertain the meaning of the language used; (iii) the true intention of the testator has to be gathered not by attaching importance to isolated expressions ..... therein ultimately the court held that though the property devolved upon the wife with word "malik" but in order to give effect to the entire document, the apex court held the term ''malik' in a restricted sense, giving a life estate and no right of transfer which after ..... in the above clauses, vide clause-5, he has said that all the above will pay house tax and water charges of the said house and then in clause 6, he says that the staircase and entrance shall be common ..... of section 14 of the hindu succession act, 1956 (hereinafter referred to as "act, 1956 ..... will pay the house taxes and water charges of .....
Tag this Judgment!Court : Allahabad
..... (supra) and held that section 115-jb, with which we are concerned, is a self-contained code pertaining to mat, which imposed liability for payment of advance tax on mat companies and, therefore, where such companies defaulted in payment of advance tax in respect of tax payable under section 115jb, it was liable to pay interest under sections 234-b and 234-c of the act. ..... (2012) 340 itr 593 (sc) the supreme court upheld the order of the tribunal which had come to the conclusion that deduction claimed by the assessee under section 80 hhe has to be worked out on the basis of adjusted book profits under section 115ja and not on the basis of the profits computed under the regular provisions of law applicable to the computation of profits and gains of business. ..... arvind mills ltd (1992) 193 itr 255, far from helping the case of the revenue, supports the case of the assessee on the limited issue that additional investment allowance is allowable if the cost of the asset increases on account of fluctuation in foreign exchange rate in subsequent years. ..... this income tax appeal of m/s modi zerox ltd-assessee appellant under 260-a of the income tax act, 1961 (in short, the act) arises out of order dated 23.7.1999 passed by the income-tax appellate tribunal, delhi bench 'c', new delhi in ita no. ..... the deputy commissioner of income tax (assessment), special range, meerut by his order dated 20.2.1992 computed net profits as per profit and loss account at rs. .....
Tag this Judgment!Court : Allahabad
..... whether, the income tax appellate tribunal has failed to appreciate that the impugned assessment was framed without, neither satisfying the preconditions required for invoking the provisions contained in section 147 of the income tax act, 1961, nor complying with the statutory provisions contained in section 148 of the income tax act, 1961 and as such the instant assessment framed was wholly untenable and unsustainable in law? 2. ..... these income tax appeals under section 260-a of the income tax act, 1961 (for short, the act) arise out of a common judgment of the income tax appellate tribunal, delhi bench 'c', delhi dated 2.7.2010 in ita nos. ..... the tribunal referred to the amendment made in section 142-a in income tax act by finance (no.2) act, 2004 retrospectively w.e.f. ..... whether the opinion given by dvo perse is not an information for the purposes of re-opening an assessment for the purposes of income tax act and the assessment can only be re- opened when the assessing officer has applied its mind to the information, if any, collected and must form a belief thereon? 3. ..... the ao completed the assessment on the total income of rs.27,95,440/- with an order to charge interest under section 234-b and 234-c as per law and to issue notice, demand and challan as per i.t.n.s. ..... aggrieved both the assessee as well as the revenue filed appeals before the income tax appellate tribunal. ..... the questions of law are decided in favour of the assessee-appellant and against the revenue. .....
Tag this Judgment!Court : Allahabad
..... is stated that there are specific provisions for recovery of interest in the income tax act, 1961 by attachment of the property of the defaulters. ..... central excise, division-v, ghaziabad issued a notice on 8.10.2003 informing the petitioner that he has been authorised by the commissioner under section 142 (1) (c) (ii) of the customs act read with rule 4 of the customs (attachment of property of defaulters for recovery of government dues) rules, 1995, to recover ..... in the present case, the provision of section 142 of the customs act are duly adopted by section 12 of the central excise act, 1944 for the purposes of recovery of ..... far as argument against the applicability of the provisions of the customs act for attachment and recovery under section 12 are concerned, we do not find any good ground to ..... provisions under section 142 of the customs act, 1962, and the rules of 1995, and therefore these cannot be made applicable to the recovery of interest. ..... this understanding was based on the order of the cegat that the revenue has sought to demand only in respect to the ..... did not take up the issue in the supreme court with regard to inputs contained in i.v fluides in stock as on 3.5.2000 as the petitioner understood the order of the cegat that it has not decided the issue with regard to the inputs contained in i.v. ..... the petitioner on being asked by the range superintendent revised the said chart and the final amount which was to be reversed on the stock of inputs contained in the exempted final .....
Tag this Judgment!Court : Allahabad
..... (agarwal) were also standing towards the west of the betel shop and when the accused girish gupta addressing to the deceased jagdish prasad uttered that the deceased jagdish prasad be killed as he was taking interest and doing pairvi in the case of recently committed rape, then girish gupta immediately fired shot with his tamancha at him which hit back portion of the head of the deceased, as a result ..... his nephew virendra gupta son of rameshwar dayal, have preferred criminal appeal no.1752 of 1982 and appellant ashok alias chhuttoo son of damodar has preferred criminal appeal no.1719 of 1982 under section 374 (2) of the code of criminal procedure, 1973 against judgment and order dated 19.7.1982 passed by iv additional sessions judge, bareilly, in session trial no.306 of 1981 state vs. ..... contended that in the case of related or interested and partisan witness, law requires cautious, careful and deep scrutiny of the testimonies of such witnesses and if testimonies are found to be truthful, creditworthy and reliable, the same can be acted upon by the court. ..... in touch with this pw-1 in the year 1974-75 when the deceased used to run biscuits manufacturing ..... he was clerk of sri uma shanker agarwal, advocate, dealing with sales tax matters where he used to work for certain period. ..... pw-2 became familiar to this pw-1 as mukat prasad (agarwal) was clerk of sri uma shanker agarwal who was an advocate in sales tax. ..... prasad (agarwal) pw-2 was a clerk of sri uma shanker agarwal, advocate in sales tax. .....
Tag this Judgment!Court : Allahabad
..... case (supra) also held that award of interest is mandatory in the light of provision contained in section 171 of the act and in case this mistake is pointed out before the appellate court, the appellate court possesses power to pass orders awarding the interest in view of specific provision contained in section171 of the act. ..... income shown in this assessment order would be the income of the deceased and the tribunal has erred in reducing the income of the deceased shown in the income tax return for the relevant year. ..... view of the judgment of the hon'ble supreme court in santosh devi case (supra), considering 34 years age of the deceased based on the date of birth given in income tax return the addition of 30% of income is required to be made for computing the compensation. 11. ..... from the perusal of the assessment order of income tax it appears that a sum of ..... it makes no difference that the return of income tax has been filed after the death of assessee by the ..... hence the income shown in the income tax return is not acceptable and exorbitant income has been shown for the purpose of this case and the tribunal has rightly held that the income of the deceased was ..... 45,000/- per annum though in the income tax return of the same financial year the net taxable income ..... at the most amount paid as income tax could be deducted from this amount and no other amount is liable to ..... from the perusal of the income tax return, it reveals that return was filed by the father of the deceased after death of .....
Tag this Judgment!Court : Allahabad
..... this income tax appeal under section 260a of the income tax act, 1961 (for short, the act) filed by the assessee appellant arise out of the order dated 30.11.2004 passed by the income tax appellate tribunal (in short, the tribunal) relating to assessment year 1997-98 by which the appeal filed by the joint commissioner of income tax, special range, muzaffarnagar was partly allowed and while setting aside the order of the cit (a), muzaffarnagar dated ..... in jasbir singh sarkaria, in re (supra) it was held that the purpose of introducing clause (v) in conjunction with clause (vi) in section 2 (47) of the income-tax act, 1961, defining 'transfer' was to widen the net of taxation of capital gains so as to include transactions that closely resembled transfers but were ..... of first installment necessary steps will be taken to get all the 8000 shares transferred in the name of the buyer in the records of the company representing 100% of the voting interest and controlling powers in the company, was hedged with the conditions that the scripts will be kept with the solicitors mutually agreed upon between the parties to be released on the final payment. ..... we do not find that the decisions cited by the revenue, support the contention that in the facts and circumstances as in the present case, the shares or the properties held by the company would be treated to be transferred or deemed to be transferred in ..... filed by the revenue, is partly ..... decided in favour of the assessee and against the revenue. .....
Tag this Judgment!Court : Allahabad
..... this income tax appeal under section 260-a of the income tax act, 1961 (for short, the act) arises out of judgment and order dated 20.6.2002 passed by the income tax appellate tribunal, agra bench, agra in ..... found that the returns of income filed in the name of the assessee's children for the assessment year 1988-89 showing income of interest and other income of swati bansal, abhai bansal and master ansu bansal earning profits through m/s param puri trading co. ..... the tribunal found that the minor children of the assessee had filed their returns, before the notice under section 148 was issued and thus the assessee had placed all material on record including the income of the minor ..... given, that the minors had filed their income returns with details of capital account, interest and the profit and loss account and balance sheet, was not accepted. ..... held that the power to reopen computed assessment and to reassess the income under section 147 of the act is on the satisfaction of the ao that the income chargeable to tax had escaped assessment. ..... found that in the present case the reasons recorded are based on the additions made in the proceedings under section 134 (5) of the act in respect of six number of unexplained investments. ..... krishna, learned counsel appearing for the revenue submits that the tribunal failed to appreciate that proceedings under section 147 (a)/148 were validly initiated. ..... of law raised are thus decided in favour of the respondent-assessee and against the revenue. .....
Tag this Judgment!Court : Allahabad
..... by a gazette notification dated 26.7.1969 issued under sub- section (2) of section 203 of the uttar pradesh municipal corporation act, 1959, the nagar palika, varanasi, in exercise of the powers conferred on it by clause (h) of sub-section (2) of section 172, notified imposition of taxes on advertisements, not being advertisements published in newspapers, which are erected, exhibited, fixed, displayed or retained upon or over any land/building, wall, hoarding or structure, whether public or private, within the city of ..... shri vivek verma, learned counsel appearing for the petitioners submits that in the subsequent tender process after the state government revised the policy, back to inviting tenders, the tenders were submitted on 11.5.2012 in which 14 sites of nagar nigam for hoardings, and 151 sites of nagar nigam for kiosks have been settled with m/s shakti ..... the tenders could be accepted by the nagar nigam, the state government by a government order dated 30.3.2012 informed all the nagar nigams not to auction the advertisement sites and to offer ..... is also an association of advertisers at varanasi, namely, purvanchal advertising association, varanasi, to look after the interests of the members of the association. ..... tax superintendent (advertisement), nagar nigam found that the offers given by the petitioners are much less than the revenue earned in the previous year, and thus an offer was given to the petitioners to increase their offers, by 5% excluding the advertisement tax .....
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