Allahabad High Court

Provision of Limitation Act, 1963 not applicable to Limitation Period specified for filing appeal under Section 260A (2) of the Income Tax Act, 1961

CIT Vs Mohd. Farooq (Allahabad High Court-Larger Bench)

All these appeals have been preferred under Section 260A (2) of the Income Tax Act, 1961 (hereinafter referred to as the ''Act 1961') by the Revenue as well as by the Assessee. It provides for filing of an appeal in the form of a memorandum of appeal within 120 days from the date on which the order appealed against is received by the Asse...

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An order passed without discussion is liable for reopening

EMA India vs. ACIT (Allahabad High Court)

In respect of AY 2000-01, the assessee filed a ROI. In the accompanying balance sheet it was disclosed that prior period expenditure of Rs. 5,41,850 was debited to the P&L A/c and that interest of Rs. 8,34,720 receivable from a particular party had not been accounted for as income. The AO passed an order u/s 143(3) in which he did not mak...

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High Court has no power to condone delay in filing the appeal

CIT Vs. Mohd. Farooq (Allahabad High Court)

S. 260A permits the filing of an appeal to the High Court within 120 days. In CIT vs. Velingkar Brothers 289 ITR 382 (Bom) (FB), The Full Bench held that the Court had power to condone delay u/s 260A. However, in Hongo India 236 E.L.T. 417 and Chaudharana Steels 238 E.L.T. 705, the Supreme Court held in the context of sections 35H & 35G...

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Penalty – For failure to get accounts audited under the Income Tax Act, 1961

Commissioner of Income-tax, Bareilly v. Bisauli Tractors (Allahabad High Court)

Section 271B, read with section 44AB, of the Income-tax, 1961 - Penalty - For failure to get accounts audited - Assessment years 1987-88 to 1989-90 - Whether section 271B is not attracted in a case where no account has been maintained and instead recourse under section 271A can be taken - Held, yes...

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Nursery income is Agriculture income

H.H. Maharaja Vibhuti Narain Singh Vs. State of Uttar Pradesh (Allahabad High Court)

Depending on the facts, nursery income may or may not be agricultural income. We are giving here two HC judgements that will help you. You can always file a return for AY 07-08 claiming nursery income as agriculture income(if facts permit so) and this would not be concealment or furnishing inaccurate particulars of income....

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Ram Singh And Others vs State Of U.P. And Others – Allahabad High Court

Ram Singh And Others Vs State Of U.P. And Others (Allahabad High Court)

Learned counsel for the petitioners has submitted that in fact the respondents had no Jurisdiction to seize the trucks and he has claimed damages. The submission of the learned counsel for the petitioners is correct. It has been repeatedly held by several Division Benches of this Court that trucks cannot be seized under the U. P. Trade-ta...

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CIT vs. Indramani Devi Singhania (Allahabad High Court)

CIT Vs Smt Indramani Devi Singhania(1991) -Allahabad High Court

It is evident from a reading of these two clauses that clause (iii) which permitted any amount paid by way of interest on a mortgage or other capital charge was deleted and clause (iv) was amended in such a manner as to make only that annual charge which is not voluntary or which does not amount to a capital charge alone deductible. ...

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ITO must estimate Income on fair basis and not arbitrarily if Assessee not maintained sufficient books of account

Badrinath Agarwal. Vs Commissioner of Income-Tax, U. P. (Allahabad High Court)

Badrinath Agarwal v. CIT (Allahabad High Court) 65 ITR 242 (All. ) In estimating the income the conditions of trade obtaining and the average margin of profit in the particular line of business are to be borne in mind. It is clear that these factors in the present case have been kept in view and, therefore, it is not possible to say that ...

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