Court : Uttaranchal
Reported in : [2006]284ITR22(Uttaranchal)
P.C. Verma, J.1. Appeals Nos. 35/2001, 37/2001 and 39/2001 have been filed by the appellants against the common order dated May 3, 2000, passed by the Income-tax Appellate Tribunal, Delhi Bench 'D' New Delhi (in short 'the ITAT'), in I.T.A. Nos. 376, 377 and 378/D of 1997, respectively (assessment years 1992-93, 1993-94 and 1994-95), whereby the learned Income-tax Appellate Tribunal has dismissed the cross-objections of the Revenue on the agreement of the parties that the issue involved in the present cross-objections stands covered in favour of the assessee by the decision of the Tribunal in I.T.A. Nos. 162 to 165 (Delhi) of 1998 dated March 29, 2000.2. Appeals Nos. 55/2003, 56/2003, 57/2003 and 58/2003 have been filed by the appellants against the common order dated August 1, 2001, passed by learned Income-tax Appellate Tribunal, Delhi Bench 'D', New Delhi in I.T.A. Nos. 378, 377, 376 and 379/Delhi of 1997, respectively, for the financial years 1991-92, 1992-93, 1993-94 and 1994-95, ...
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)186CTR(Uttranchal)750; [2004]265ITR212(Uttaranchal)
S.H. kapadia, C.J. 1. The above two appeals raise a common question of law and, therefore, both the appeals are heard together and disposed of by this common judgment. Both the appeals are filed by the assessee. They pertain to the assessment year 1980-81. For the sake of convenience, we are mentioning hereinbelow the facts in Income-tax Appeal No. 2 of 2003.Facts :2. The appellant, Manik Chandra, is an individual, For the assessment year 1980-81, he was assessed under Section 143(3) of the Income-tax Act, 1961. The order of assessment was passed on February 28, 1981. Thereafter on January 31, 1985, he was served with a notice under Section 148 of the Act. He filed his return of income on February 26, 1985. He objected to the reopening of assessment. The assessment was reopened for the following reasons :Nidhi Life Trust was created by one Shri Surender Goyal, brother-in-law of the assessee, by settling Rs. 7,500 in favour of the trust. Similarly, Ruchi Life Trust was created by Yogend...
Tag this Judgment!Court : Uttaranchal
Reported in : (2003)180CTR(Uttranchal)492; [2003]259ITR138(Uttaranchal)
A.A. Desai, C.J.1. This petition by an assessee is directed against notices (marked as annexures 'I', 'P', 'U', 'Z' and 'AE') purported to have been issued under Section 147 read with Section 148 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). They have been impugned principally on the ground that they suffer from serious legal infirmity since they were issued after the expiry of four years from the end of the relevant assessment years, even in the absence of the condition or conditions as envisaged by a proviso to Section 147 of the Act.2. To appreciate the challenge the relevant facts are thus : The petitioner is a limited foreign company incorporated under the Municipal laws of Panama. The company has been engaged, inter alia, in designing, fabricating, construction, installation as a sub-contractor of various contractors of the Oil and Natural Gas Commission (India). The petitioner-company pursuant to Section 139 of the Act submitted returns for the assessment y...
Tag this Judgment!Court : Uttaranchal
Reported in : (2006)206CTR(Uttranchal)56; [2006]285ITR74(Uttaranchal)
Cyriac Joseph, C.J.1. The petitioner-Welham Boys' School Society-is a society registered under the Societies Registration Act, 1860, and is running a residential school by name Welham Boys School at 5, Circular Road, Dehradun. The petitioner society, was originally registered on September 14, 1957, as Welham Boys Preparatory School Society vide Registration Certificate No. 227/57-58 issued by the Registrar of Societies, Uttar Pradesh. The name was later changed to Welham Boys' School Society.2. The petitioner has been regularly filing returns under the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). In view of the charitable objects of the petitioner society, it was granted registration Under Section 12AA of the Act. The registration granted to the petitioner society Under Section 12AA of the Act has been continuing in force. By virtue of the registration granted Under Section 12AA of the Act, the petitioner society was entitled to the benefits Under Sections 11 and 12 of ...
Tag this Judgment!Court : Uttaranchal
Reported in : (2004)187CTR(Uttranchal)462; [2003]262ITR648(Uttaranchal)
Irshad Hussain, J.1. The petitioner in this petition took exception to and questioned notices dated May 29, 2001 (annexures marked as Exts. 13 to 17) issued under Section 147 read with Section 148 of the Income-tax Act, 1961 (hereinafter for short 'the Act'), in regard to the assessment years 1991-92, 1992-93, 1993-94 and 1994-95 and the challenge to the notices is mainly on the ground that these have been issued after the expiry of four years from the end of the relevant assessment year even though the conditions as contemplated under Section 147 of the Act were not satisfied.2. The relevant facts briefly stated are :The petitioner is a public limited company incorporated under the Companies Act, 1956, and is the successor of the erstwhile Oil and Natural Gas Commission whose entire undertaking was transferred to the petitioner vide the 'Oil and Natural Gas Commission (Transfer of Undertaking and Repeal) Act, 1993' with effect from February 1, 1994. The assessment for the relevant ass...
Tag this Judgment!Court : Uttaranchal
Reported in : II(2004)BC241
S.H. Kapadia, C.J. 1. By this writ petition, petitioner seeks to challenge the constitutional validity of The Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [hereinafter referred to for the sake of brevity as Non-performing Asset (NPA) Act, 2002]Background facts :2. Extraordinary and urgent situations demand extraordinary remedial measures particularly in economics and finance. With globalization, India has become a signatory to various International Conventions, which require India to reduce its gross fiscal deficit, which was 10% of G.D.P. around 21st June, 2002. Banking is one of an important economic organ to revitalize the economy. However, on 21st June, 2002 the non-performing assets of Banks had reached a figure of Rs. 90,000 crores (approximately) and, therefore, the Government came out with an Ordinance known as Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Ordinance, 2002 which has ...
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]134STC403(Uttra)
S.H. Kapadia, C.J.1. All the above matters involve common question of law and fact and, therefore, they are disposed of by this common judgment and order. However, for the sake of convenience we are mentioning hereinbelow the facts in Writ Petition No. 792 of 2003.By this writ petition M/s. Tata Elxsi Limited has challenged assessment order dated June 30, 2003 for assessment year 2000-2001 and show cause notice dated August 7, 2003 for assessment year 2001-2002.2. Facts :A lease agreement was executed on January 11, 1995 between M/s. Tata Elxsi Ltd., and Bharat. Heavy Electricals Ltd., for giving on lease nine computers of a particular specification as enumerated in the agreement. They were not in existence on January 11, 1995. The said nine computer machines were to be accompanied by accessories. The computers were to be manufactured later on. In pursuance of the said agreement dated January 11, 1995, M/s. Tata Elxsi Ltd., placed a purchase order on various manufacturers/suppliers of ...
Tag this Judgment!Court : Uttaranchal
Reported in : AIR2004Utr19
ORDERRajesh Tandon, J. 1. Heard Sri P.C. Kandpal for the petitioners and Sri N. C. Gupta and Sri S. S. Adhikari for the respondent State.2. The aforesaid three writ petitions have been filed against the order refusing to grant injunction by both the Courts-below. The brief facts giving rise to the aforesaid petitions are that the petitioners are running a small scale industries at Vikas Nagar, Dehradun and they have installed a woodcutter machine of 3 H.P. for the last 10 years. They have alleged that their industries were registered on 3rd of October 2001. According to the petitioners when they started the business there was no such restrictions and. as such. he has prayed for permanent injunction restraining the respondents not to interfere in the business of the petitioners in respect of three-horse power butter machine.3. During the pendency of the suit applications for interim injunction under Order XXXIX. Rule 1 CPC were also filed in all the suits. The trial Court on the applica...
Tag this Judgment!Court : Uttaranchal
Reported in : [2004]265ITR129(Uttaranchal)
S.H. Kapadia, C.J.1. On February 27, 1997, the Commissioner of Income-tax, Meerut, moved an application under Section 256(1) of the Income-tax Act, 1961, before the Tribunal requesting the Tribunal that statement of case may be drawn up and the question of law arising from its order dated June 20, 1990, in Income-tax Appeal No. 3407/Delhi of 1988 be referred for our opinion. This application dated February 27, 1997, was rejected by the Tribunal vide order dated February 23, 1998. Hence, the Department has moved this court seeking the direction to the Income-tax Appellate Tribunal to draw up a statement of case and refer the question of law to this court. The present Application No. 415 of 2001 is moved under Section 256(2) of the Income-tax Act. The matter has been transferred from the Allahabad High Court.Despite notice the assessee has remained absent.Facts :The assessee is a non-resident company. The assessee was engaged by the ONGC to execute the work of oil exploration and extract...
Tag this Judgment!Court : Uttaranchal
Reported in : 2005(1)ARC79
Rajesh Tandon, J.1. Heard Sri J.P. Joshi, Advocate for the petitioner and Sri Arvind Vashistha, learned Counsel for the respondent Nos. 2 and 3.2. By means of this writ petition the petitioner has prayed for quashing the order dated 18.8.2003, passed by the Additional District Judge, Dehradun.3. Briefly stated the facts of the case are that the landlord respondent No. 3 has filed an application under Section 16 (1) (b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, praying that he is landlord of the premises 41, Sewak Ashram Road, Dehradun having number of flats and Smt. Saroj Bala, the then Additional District Judge, Dehradun was the tenant in a portion of the said premises on the first floor and a garage on ground floor of the said premises was under her possession. One Sri Jodh Singh Chauhan in collusion and by playing fraud got allotment of a portion of the first floor, he continued to keep his car in the said garage. The said allotment order date...
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