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1 - 7 of 7 (0.23 seconds)Additional Commissioner Of Income ... vs M/S. Gurjargravures Private Limited on 8 November, 1977
In taking this
view the High Court has places reliance on the decision of
this Court in Additional commissioner of Income Tax, Gujarat
v. Gurjargravures Pvt. Ltd. (1978) 111 ITR 1, wherein it was
held that the Appellate Assistant Commissioner had no power
to grant exemption under Section 84 of the Act since the
Income Tax Officer did not considered the time form the
point of view of its non-taxability. Feeling aggrieved by
the said decision of the High Court, the Revenue has filed
this appeal.
Section 31 in The Income Tax Act, 1961 [Entire Act]
Jute Corporation Of India Ltd vs Commissioner Of Income Tax And Anr on 4 September, 1990
[p. 694]
Having regard to the decision in Jute Corporation of
India Ltd. (supra), it must be held that the High Court was
in error in holding that the appellate power conferred on
the Appellate Assistant Commissioner under Section 251 was
confined to the matter which had been considered by the
Income Tax Officer and the Appellate Assistant Commissioner
exceeded his jurisdiction of making an addition of Rs.
2,30,000/- on the basis of the other 10 items of hundis
which had not been explained by the assessee. This means
that even if question No.2 is answered in the affirmative,
questions nos. 1 and 3 must be answered in the negative. The
appeal is, therefore, allowed, the impugned judgment of the
High Court in so far as it relates to questions Nos. 1 and 3
is set aside and the said questions are answered in the
negative, i.e., in favour of the Revenue and against the
assessee. No order as to costs.
Section 84 in The Income Tax Act, 1961 [Entire Act]
Section 147 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax, U.P vs Kanpur Coal Syndicate on 30 April, 1964
In the circumstances,
the view of the larger Bench in
Kanpur Coal Syndicate case (1964)
53 ITR 225 (SC) holds the field.
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