Back
B. P. JEEVAN REDDY, V. N. MEHROTRA
ADDL. COMMISSIONER OF INCOME-TAX – Appellant
Versus
DURGA PRASAD KAMTA PRASAD – Respondent
( 1 ) UNDER Section 256 (2) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal has stated the following question :
"whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in reversing the finding of the Appellate Assistant Commissioner that the assessee can claim deduction only for actual payments made in one financial year less realisations from the customers ?"
( 2 ) THE assessee is a registered firm. The assessment year concerned is 1969-70. The assessee is engaged in purchase and sale of motor oil and motor parts. The relevant previous year was April 1, 1968 to March 31, 1969. For the past few years, the assessee was collecting sales tax and making a provision for sales tax but was actually paying a lesser amount to the Sales Tax department. Since the petitioner was maintaining his accounts on mercantile basis and since the tax liability was already there, the difference amount was not added to his income. But, for this assessment year, the Income-tax Officer added the difference amount in the income on the ground that it was not paid to the Sales Tax Department. His order was confirmed by the appellate As
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
