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Income-Tax Officer vs Ram Kishore Ram Gopal on 24 October, 1985

4. I have heard Shri R.N. Bara for the revenue and Shri Ram Lal for the assessee and perused the records and I am of the opinion that the view expressed by the learned Accountant Member is more in accord with the established principles of law and facts. The learned Accountant Member pointed out in his order that the decisions' of the Allahabad High Court in the cases of CIT v. Poonam Chand Trilok Chand (supra) and the latter on in Poonam Chand Trilok Chand v. CIT (supra) were directly on the issue and this case coming as it did from the Uttar Pradesh the decision of the Allahabad High Court was binding following which it must be held that the sum in question could not be regarded as income of the assessee. In both these cases the High Court held that corresponding liability to pay the tax arose as per the mercantile system of accounting adopted.
Income Tax Appellate Tribunal - Delhi Cites 7 - Cited by 1 - Full Document

Rejini Ice And Cold Storage vs Income-Tax Officer on 29 May, 1987

Reference is made to the decision of the Supreme Court in Kedarnath Jute Mfg. Co. Ltd. v. CIT [1971] 82 ITR 363 and the decision of the Allahabad High Court in the case of Poonam Chand Trilok Chand v. CIT [1982] 136 ITR 537. Disputed liability such as purchase tax etc. is allowable up to the assessment year 1983-84 because Section 43B applies only to assessment years 1984-85 onwards. For the sales-tax assessment years 1977-78 and 1978-79 the situation was the same. The Government of Kerala by notification dated 29-3-1979 waived purchase tax in respect of all exporters of sea foods like the assessee for the period from 1-4-77 to 31-3-79. If the Government had no right to levy the purchase tax the question of waiver of the same did not arise. This itself showed that purchase tax is payable according to the Government though it is disputed by the assessee.
Income Tax Appellate Tribunal - Cochin Cites 24 - Cited by 1 - Full Document
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