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Case Laws
Showing 61 to 80 of 82 Records
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1974 (4) TMI 22 - KARNATAKA HIGH COURT
Delay In Filing Return, Registered Firm, The Constitution ... ... ... ... ..... any relevance to the question to be decided in these cases. I am, therefore, of the view that section 139(1) as it stood prior to April 1, 1971, read with section 139(4), to the extent it required a registered firm to pay interest at the specified rate on the tax assessed as if it were an unregistered firm, whenever the registered firm did not file the return within the specified time, was violative of article 14 of the Constitution of India and was, therefore, void. In the result, the orders of assesssment impugned in these petitions are quashed to the extent interest is levied under section 139 as if the petitioners were unregistered firms. The concerned assessing authorities are directed to amend the orders of assessment by levying interest at the prevailing rate on the arrears of tax payable by the petitioners as registered firms and recover the same in accordance with law. A writ shall issue accordingly in all these cases. There shall, however, be no order as to costs.
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1974 (4) TMI 21 - PUNJAB AND HARYANA HIGH COURT
Burden Of Proof, High Court, Question Of Law ... ... ... ... ..... tion 143 or section 144 or section 147 (reduced by the expenditure incurred bona fide by him for the purpose of making or earning any income included in the total income but which has been disallowed as a deduction), such person shall, unless he proves that the failure to return the correct income did not arise from any fraud or any gross or wilful neglect on his part, be deemed to have concealed the particulars of his income or furnished inaccurate particulars of such income for the purposes of clause (c) of this sub-section , the position would be in the reverse. The matter rests on the determination of on whom the onus lies to prove that the concealment was deliberate or not, and the true effect of the Explanation to section 271(1) of the Act. In this situation, the question of law as framed by the department does arise and we direct the Tribunal to refer the same along with the statement of the case for the opinion of this court. The costs will abide the ultimate result.
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1974 (4) TMI 20 - ALLAHABAD HIGH COURT
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... ... ..... all the provisions of this Act shall apply accordingly . This clause brings in the various other provisions of the Act, including section 28, which provides for imposition of penalty in the circumstances mentioned in it. If the receiver fails to furnish the return of the total income within time, he incurs liability to imposition of penalty under clause (a) of section 28(1). The Income-tax Officer was within his powers in imposing such penalty. The imposition of penalty was not without jurisdiction. It was also argued that the various branches of the family could, after the partition, be assessed only under section 9(3) of the Act. As held by the Madras High Court in the case of C. Arunachala Mudaliar, referred to above, section 9(3) has no application to a case of a Hindu undivided family or to its members. The assessment under section 41 was valid and legal. The various points urged in support of the appeal having failed, the same is dismissed with costs. Appeal dismissed.
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1974 (4) TMI 19 - PUNJAB AND HARYANA HIGH COURT
Finding Of Fact, Question Of Fact, Reasonable Cause ... ... ... ... ..... te Tribunal held that the assessee had reasonable cause for not filing the return up to the period the return remained unfiled because the assessee s submission asking for time to extend the period remained unreplied by the Income-tax Officer and the assessee could be taken to be under a reasonable belief that his request had been acceded to and, therefore, the assessee was under no obligation to file the return. This is a pure question of fact in view of the observations made in the above-mentioned case by the Supreme Court. In my opinion, no question of law arises in both these Income-tax Cases Nos. 15 and 16 of 1972 out of the orders of the Tribunal and, therefore, no direction is to be issued to the Tribunal to refer the question mentioned above in the earlier part of this judgment for the opinion of this court. There is no substance in both these petitions and the same are dismissed. There will be no order as to costs. D. K. MAHAJAN C. J.---I agree. Petitions dismissed.
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1974 (4) TMI 18 - PUNJAB AND HARYANA HIGH COURT
Delay In Filing, High Court, Question Of Law, Reasonable Cause ... ... ... ... ..... le cause within the meaning of the statute. These observations, as I have already said, should be confined to the facts of that case as observed by the House of Lords for they were not laying down a rule of universal application as is apparent from their respective speeches. For the reasons recorded above, the question required to be referred in each of the Income-tax Cases Nos. 26 and 27 of 1972 does arise for the opinion of this court and so also question No. 2 in Income-tax Case No. 28 of 1972. However, question No. 1 in Income-tax Case No. 28 of 1972 is not a question of law arising out of the Tribunal s order and, therefore, it cannot be required to be referred for the opinion of this court. The Tribunal is directed to refer the only question in Income-tax Cases Nos. 26 and 27 of 1972 and question No. 2 in Income-tax Case No. 28 of 1972 for the opinion of this court along with the agreed statement of the case. There will be no order as to costs. C. G. SURI J.-- I agree.
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1974 (4) TMI 17 - PUNJAB AND HARYANA HIGH COURT
Burden Of Proof, Cash Credits, Income From Undisclosed Sources ... ... ... ... ..... given Statutory recognition in the Income-tax Act, 1961, by introduction of section 68 which says that where any sum is found credited in the books of an assessee maintained for any previous year, and the asssessee offers no explanation about the nature and source thereof or the explanation offered by him is not, in the opinion of the Income-tax Officer, satisfactory the sum so credited may be charged to income-tax as the income of the assessee of that previous year. Kanga in his treatise, Law and Practice of Income-tax, sixth edition, says that the section gives statutory recognition to the principle that cash credits which are not satisfactorily explained may be assessed as income. In view of the aforesaid reasons, we answer the above-mentioned question in the affirmative, that is, in favour of the revenue. The assessee shall be liable to pay the costs of the department in this reference. Counsel s fee Rs. 150. P. C. PANDIT J.-I agree. Question answered in the affirmative.
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1974 (4) TMI 16 - PUNJAB AND HARYANA HIGH COURT
Information That Income Has Escaped Assessment ... ... ... ... ..... onnection or a relevant bearing to the formation of the belief and are not extraneous or irrelevant to the purpose of the section. To this limited extent, the action of the Income-tax Officer in starting proceedings under section 34 of the Act is open to challenge in a court of law. It cannot be said that, on the facts found, to use the language of their Lordships of the Supreme Court, there was material for the formation of the belief inasmuch as the belief had a rational connection to the facts found. Therefore, in our opinion, the Tribunal was justified in coming to the conclusion that the requirements of section 147(a) of the Act were not satisfied and, as such, notice issued under secion 148 of the Act was invalid. For the reasons recorded above, we answer the question referred to us in the affirmative, that is, in favour of the assessee and against the department. There will be no order as to costs. PRITAM SINGH PATTAR J.--I agree. Question answered in the affirmative.
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1974 (4) TMI 15 - ORISSA HIGH COURT
Tribunal's Order ... ... ... ... ..... injustice. An opportunity should have been afforded to the assessee to support his case and if he failed to do so the Tribunal should have taken appropriate action against the assessee for having come with a false plea. The application before us is supported by affidavit. A copy of this application shall be transmitted to the Tribunal and with reference to the assertion on affidavit that the assessee received the second appellate order on March 6, 1972, the Tribunal is called upon to institute an enquiry giving full opportunity to the assessee to establish his case that he actually received it on March 6, 1972. If the assessee fails to establish his case it would be open to the Tribunal to take appropriate action in law. The writ application is allowed. The order rejecting the reference as barred by limitation is vacated and the Tribunal is called upon to re-dispose of the matter keeping our directions above in view. There would be no order as to costs. B. K. RAY J.--I agree.
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1974 (4) TMI 14 - ALLAHABAD HIGH COURT
Accounting Year, Mercantile System, Provision For Payment ... ... ... ... ..... mount in reserve account would not also alter the position. The entries in the books of account are not in any way determinative of an item of income or expenditure. It is evident that since in law the liability to pay an additional price did accrue in the year in which the sugarcane was purchased, and within which the minimum price was fixed, the assessee was entitled to claim deduction of a reasonable estimated amount, or, in the alternative, if during the course of the assessment proceedings the actual amount is quantified, the quantified amount. In the present case the amount in respect of this liability had been quantified and so the assessee was entitled to the deduction of the entire amounts. We, therefore, answer the question referred to us in the affirmative, in favour of the assessee and against the department. The assessee will be entitled to costs which are assessed at Rs. 200. The fee of the learned counsel for the department is also assessed at the same figure.
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1974 (4) TMI 13 - PUNJAB AND HARYANA HIGH COURT
Partnership Deed ... ... ... ... ..... n by the Tribunal, it is not possible for us to answer the question referred. The only course, therefore, open to us is to send back the case to the Tribunal for a finding on this question. The course we have adopted is justified by the decision of the Supreme Court in Commissioner of Income-tax v. Gurbux Rai Harbux Rai 1971 81 ITR 476 (SC). We, therefore, ask the Tribunal to decide the question whether the division of profits, so far as the trust is concerned, was in accordance with the partnership deed and thereafter submit a better statement of the case to this court so that the question of law that has been referred to us can be properly answered. These observations fully apply to the facts of the present case. We accordingly direct the Tribunal to submit a supplementary statement of the case in view of the above observations. However, nothing in this order will affect the revenue s right to make submissions on the question of genuineness or otherwise of the partnership.
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1974 (4) TMI 12 - CALCUTTA HIGH COURT
Assessment Proceedings, High Court, Leave To Appeal To Supreme Court, Reassessment Proceedings, Writ Petition
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1974 (4) TMI 11 - MADRAS HIGH COURT
Income Tax, Liability To Tax ... ... ... ... ..... done in civil suits on payment of appropriate court fees. This is not the object of the provision. Clause (g) of the said provision is only a residuary one and has to be construed in the light of the object with which section 402 has been enacted, viz., to give directions regarding the internal management of the company. Section 402 of the Act, cannot, in my opinion, be utilised for the purpose of agitating the disputes about liabilities or for staying the tax liability of the company. If there are any objections to the tax as levied, then such an objection has to be got raised by recourse to the provisions of the Income-tax Act. Sections 397 and 398 of the Companies Act are for relieving the shareholder against the oppression or mismanagement of the affairs of the company. The liability to tax levied on the company is outside the scope of these provisions. Section 402 of the Act cannot, therefore, be invoked or applied in such a case. The application is dismissed with costs.
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1974 (4) TMI 10 - ALLAHABAD HIGH COURT
Burden Of Proof, Held By Assessee, High Denomination Notes, Undisclosed Sources ... ... ... ... ..... e to the IAC for imposing the penalty and for the IAC to deal with the reference, is the minimum amount of penalty payable on the income as assessed by the ITO and not as determined in appeal. If the minimum amount of penalty payable in respect of the concealed income or income in respect of which inaccurate particulars have been given as determined by the ITO at the time of assessment exceeds a particular amount, he has to make a reference to the IAC, otherwise he is to deal with the matter himself. Any subsequent alteration in the assessment would not affect the jurisdiction of the IAC to deal with the penalty proceedings. In our opinion, the amendment made in this section merely clarifies the legal position so as to arrive at any possible conclusion. In this view of the matter, we answer the question referred to us in the negative and in favour of the department. As no one has appeared in this case on behalf of the assessee, we make no order as to costs of this reference.
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1974 (4) TMI 9 - DELHI HIGH COURT
" Whether, on the facts and in the circumstances of the case, there was any material before the Tribunal to determine the valuation of 19, Barakhamba Road, New Delhi, at Rs. 10 lakhs as on the valuation date, i.e., 23rd June, 1963 ? " Question answered in the negative that is, in favour of the assessee and against the revenue
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1974 (4) TMI 8 - PATNA HIGH COURT
Assessee's accounts are accepted as genuine and there is enough cash balance to cover high denomination notes held by the assessee - burden of proof in respect of the high denomination notes - Whether, in view of the fact that notes of Rs. 1,000 were legal tender on the date of promulgation of the Ordinance (January 12, 1946), the Tribunal had erred in coming to the conclusion that the cash balance of Rs. 1,70,038 did not include 140 high denomination notes when they were presented on January 22, 1946, to the bank for encashment ? "
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1974 (4) TMI 7 - PATNA HIGH COURT
Not Ordinarily Resident - Assessee satisfies one of the conditions in clause (a), (b) or (c) of section 6(1) and also falls within either of the conditions specified in section 6(6)(a) - "(1) Whether, in the facts and circumstances of the case, the assessee's status was of resident' or ' resident but not ordinarily resident ? " Whether an individual who is disqualified to be treated as 'ordinarily resident ' under one of the conditions specified in sub-section (6)(a) of section 6 but is not disqualified under the other condition can be treated as 'ordinarily resident ' ? " - I answer both the questions against the assessee and in favour of the department
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1974 (4) TMI 6 - CALCUTTA HIGH COURT
I am of the view that the order of the Tribunal allowing the company to withdraw the appeal and, in consequence, dismissing the appeal for non-prosecution was without jurisdiction and, as such, invalid. The company has given sufficient explanation for not taking steps for the restoration of the appeal or for moving this court earlier. As the order of the Tribunal was without jurisdiction and invalid, it must be held that the appeal is still pending. Accordingly, I direct that a writ in the nature of certiorari issue quashing the order of the Tribunal to the writ petition. Further, I direct that a writ in the nature of mandamus issue commanding the Tribunal to dispose of the appeal on merits after giving the company an opportunity of being heard
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1974 (4) TMI 5 - DELHI HIGH COURT
When the notice for reassessment gives no indication that the AOP was sought to be assessed and it is issued merely in several names of members - Whether Income-tax Officer can assess the association - it is not necessary to determine whether on the construction of the agreement of July, 1949, executed between the finance company and nine parties, any association of persons had or had not been formed and whether the same had come to an end with the death of two of its members - writ petitions are allowed to the extent that the respondents will forbear from treating the impugned notices as notices having been issued to or in respect of any association of persons not assessed to income-tax. The income-tax authorities will, however, treat the said notices as notices addressed to individual members mentioned therein in respect of their individual incomes which are alleged to have escaped assessment during the relevant years. Upon the construction of the impugned notices as being addressed to the individuals, they do not suffer from any other legal infirmity, nor has any been pointed out and the department will act accordingly.
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1974 (4) TMI 4 - DELHI HIGH COURT
Father renounced right to further equity shares in favour of minor daughter who acquired shares with her own funds - market value of shares exceeded face value - " Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the value of the assessee's right to acquire further equity shares which right he renounced in favour of his minor daughter was not includible in the assessee's net wealth under section 4(1)(a)(ii) of the Wealth-tax Act, 1957 ? "
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1974 (4) TMI 3 - DELHI HIGH COURT
" Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in taking the view that 50% of the unearned increase payable to the lessor of the land, formed part of and was not deductible out of the valuation of the property for the purposes of wealth-tax ? " - In short, this 50% of the unearned increase in the value of land payable to the lessor, has to be deducted from the valuation whether it is taken as a limitation or restriction attached to the property in question, affecting its value to that extent or as a debt owed by the assessee on the valuation date. The Tribunal was not justified in taking the view that it formed part of and was not deductible out of the valuation of the property for the purposes of wealth-tax. The question referred to us, therefore, has to be and is answered in the negative, that is, in favour of the assessee and against the revenue
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