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Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1943 Page 1 of about 41 results (0.187 seconds)

Mar 12 1943 (PC)

O. Rm. M. Sp. S.V. Meyyappa Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Mar-12-1943

Reported in : AIR1943Mad504

..... the assessee's learned counsel, i wish to add a few observations. the question is whether section 25 (3), income-tax act, 1922, as amended by the income-tax (amendment) act, 1939, providing for certain reliefs in cases of discontinued business, etc., charged to tax under the income-tax act, 1918, applies when a hindu undivided family carrying on business becomes disrupted and the members continue the business thereafter ..... basis of taxation being different in either case (vide br. 8 (2) and 11 of the rules applicable to cases i and ii such. d, income-tax act, 1918) and the terms have acquired well recognised meaning in income-tax usage: see bartlett v. inland revenue commissioners. (1914) 3 k.b. 686 and m. faraday v. carter (1927) 11 tc 565. they have ..... as the provisions of sub-section (3) of section 25, sub-section (3) reads as follows:where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is discontinued, then, unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable ..... accordingly been adopted in the indian income-tax act, 1922, as denoting two different situations for which the act makes separate provisions in sections 25 and 26, and before the amendment act of 1939 was passed the courts in this country, including the bombay high court had uniformly held that 'discontinuance' for .....

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Mar 12 1943 (PC)

O. Rm.M. Sp. S. Vs. Meyyappa Chettiar V. Commissioner of Income-tax Ma ...

Court : Chennai

Decided on : Mar-12-1943

Reported in : [1943]11ITR247(Mad)

..... counsel, i wish to add a few observations.the question is whether section 25(3) of the indian income-tax act, 1922, as amended by the indian income-tax (amendment) act, 1939, providing for certain reliefs in cases of discontinued business etc., charged to tax under the indian income-tax act, 1918, applies when a hindu undivided family carrying on business becomes disrupted and the members continue the business ..... between the predecessor and the successor in cases of succession (rule 9 of the rules applicable to cases i and ii, schedule d, of the income-tax act, 1918, corresponding to section 2, taxes management act, 1880) had been in existence side by side with a provision for relief in cases of discontinuance [rule 8(2) of the same rules corresponding to section 25 ..... basis of taxation being different in either case(vide rules 8(2) and 11 of the rules applicable to cases i and ii schedule d of the income tax act, 1918) and the terms have acquired well recognised meanings in income-tax usage. (see bartlett v. commissioners of inland revenue. m. faraday and others v. carter.) they have accordingly been adopted in the indian ..... as the provisions of sub-section (3) of section 25. sub-section (3) reads as follows :-'where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is discontinued, then, unless there has been a succession by virtue of which the provisions of sub-section (4) have been rendered applicable, .....

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Dec 17 1943 (PC)

Kotha Govindarajulu Chettiar Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Dec-17-1943

Reported in : [1944]12ITR97(Mad)

..... date of the partition. applying that case to this, the answer to the question propounded must be that the assessment must be in accordance with section 25a (2) of the income-tax act.'there is here an obvious fallacy. when a hindu joint family separates and its members carry on the family business in partnership, there is change in ownership. the business is ..... the undivided family within the meaning of section 26 (2) or on the members as if no separation or partition had taken place according to section 25a (2) of the income-tax act. after quoting the passage which we have quoted from the judgment of madhavan nair, officiating chief justice, in jupudy kesava raos case, beasley, c.j., with whom the other members ..... of succession. sub-section (4) read as follows :-'where the person who was at the commencement of the indian income-tax (amendment) act, 1939, carrying on any business profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, is succeeded in such capacity by another person, the change not being merely a change in the constitution ..... three groups into which the family had been divided. the assessee was the managing member and as such he objected to the assessment. the business had been assessed under the income-tax act of 1918. he claimed that the partnership had succeeded to the business of the joint family within the meaning of section 26 (2) of the present .....

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Nov 05 1943 (PC)

Commissioner of Income-tax Vs. Katragadda Madhusudhana Rao and ors.

Court : Chennai

Decided on : Nov-05-1943

Reported in : AIR1944Mad248

..... tribunal that a question of law arises in this ease. the question is one of fact.2. section 2(1)(b)(ii), income-tax act, defines agricultural income as income derived from land by the performance by a cultivator of any process ordinarily employed by a cultivator to render the produce raised or received by him fit to be taken ..... four methods of curing tobacco: (1) flue-curing, (2) raw-curing, (3) ground or sun-curing, and (4) pit curing. mr. rama rao sahib who appears for the commissioner of income-tax admits that if the assessees' leaf were cured by any of these methods other than flue-curing, the case would fall under section 2 (1) (b) (ii); but he maintains ..... flue-curing is not a method ordinarily employed by a tobacco cultivator to fit his produce for the market.3. in the order of the income-tax appellate tribunal on the appeal from the order of the income-tax authorities refusing to recognise the applicability of section 2 (1) (b) (ii) to this case the process of flue-curing is described as follows:flue .....

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Nov 05 1943 (PC)

The Commissioner of Income-tax, Madras Vs. Katragadda Madhusudhana Rao ...

Court : Chennai

Decided on : Nov-05-1943

Reported in : [1944]12ITR1(Mad)

..... tribunal that a question of law arises in this case. the question is one of fact.section 2(1) (b) (ii) of the indian income-tax act defines agricultural income as income derived from land by the performance by a cultivator of any process ordinarily employed by a cultivator to render the produce raised or received by him fit to be taken ..... four methods of curing tobacco :- (1) flue curing, (2) raw curing, (3) ground or sun-curing and (4) pit curing. mr. rama rao sahib who appears for the commissioner of income-tax admits that if the assessees leaf were cured by any of these methods other than flue curing, the case would fall under section (2) (1) (b) (ii) : but he maintains ..... that flue curing is not a method ordinarily employed by a tobacco cultivator to fit his produce for the market.in the order of the income-tax appellate tribunal on the appeal from the order of the income-tax authorities refusing to recognise the applicability of section 2(1) (b) (ii) in this case the process of flue curing is described as follows :'flue .....

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Jul 30 1943 (PC)

The Commissioner of Income-tax Vs. Ct. Rm. N. Narayanan Chettiar

Court : Chennai

Decided on : Jul-30-1943

Reported in : AIR1943Mad682; (1943)2MLJ316

..... alfred henry lionel leach, c.j.1. this is a reference by the income-tax appellate tribunal, calcutta bench, under section 66(1) of the income-tax act, and has been made at the instance of the commissioner of income-tax, madras. the assessee's father, who died in 1921, was a partner in a money-lending firm ..... for the wrongful detention of the principal sum to which he was entitled under the award of the panchayat. this contention was accepted by the income-tax appellate tribunal, but as the decision involved a question of law, it has referred to this court for decision the following question:whether, having ..... the hundi being cashed on the 9th march, 1938. the assessee's.share of the interest came to rs. 21,153. the income-tax officer included this sum as income of the assessee for the year 1939-40 and the assessee objected. he contended that the rs. 21,153 represented damages paid to ..... damages for the wrongful detention of the principal, the tribunal relied on two, cases, commissioner of' income-tax, bihar and orissa v. rani prayagkumari debi i.l.r.(1939) pat. 186 and beharilal bhargava v. commissioner of income-tax i.l.r. (1941) all. 54. in our judgment these cases are not in point, ..... her movable property. the patna high court held that as the amount was decreed as damages, it was not a sours of income within the contemplation of the act. the second case was decided by the allahabad high court. there an amount awarded as compensation in land acquisition proceedings carried interest, .....

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Aug 13 1943 (PC)

O. Rm. Om. Rm. Pl. Muthukaruppan Chettiar, Minor by Mother and Guardia ...

Court : Chennai

Decided on : Aug-13-1943

Reported in : (1943)2MLJ446

..... because the firm ceased to carry on business on the 11th january, 1939 and all realisations took place after that date. section 10(1) of the income-tax act states that the tax shall be payable by an assessce under the head profits and gains of business, profession or vocation ' in respect of the profits or gains of a ..... that the liquidator of a company might realise the assets of the company without carrying on the business of the company in such a way as to attract income-tax. on the other hand the liquidator might realise the assets in such a way as to involve the carrying on of a trade, the profits of which ..... from the values of the assets as shown in the books of account3. by an order dated 24th the august, 1942, this court directed the commissioner of income-tax to state a case on the following question.is the loss claimed by the assessece in this case of a capital nature or kis it a loss deductible ..... in the year of account?4. the question was stated in this way as the court understood that the case of the. income tax authorities was that the loss should be treated as beoing of a capital nature.5. it is quite clear that the alleged loss cannot for purposes of ..... business 'carried on' by him the importance of the words 'carried on' was pointed out by the privy council in income tax commissioner, bengal, v. shaw, wallace and co. . their lordships also pointed out that the english cases did not help here in the interpretation of the indian .....

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Aug 13 1943 (PC)

O. Rm. Om. Rm. Pl. Muthukaruppan Chettiar and Others Vs. Commissioner ...

Court : Chennai

Decided on : Aug-13-1943

Reported in : AIR1944Mad58; [1943]11ITR540(Mad)

..... , because the firm ceased carry on business on the january 11, 1939 and all realizations took place after that date. section 10(1) of the income-tax act states that the tax shall be payable by assessee under the head 'profits and gains of business, profession or vocation' in respect of the profits or gains of a business ..... for the carrying on of the business of the partnership it is not deductible under section 10. the reference will be answered in this sense.the commissioner of income-tax is entitled to his costs which we fix at rs. 250.o.p. no. 127 of 1942.the facts are the same as the facts in ..... that the liquidator of a company might realize the assets of the company without carrying on the business of the company in such a way as to attract income-tax. on the other hand, the liquidator might realize the assets in such a way as to involve the carrying on of a trade, the profits of ..... up from the values of the assets as shown in the books of account.by order dated the august 24, 1942 this court directed the commissioner of income-tax to state a case on the following question :'is the loss claimed by the assessee in this case of capital nature or is it a loss ..... the importance of the words 'carried on' was pointed out by the privy council in income-tax commissioner v. shaw wallace & co. their lordships also pointed out that the english cases did not help here in the interpretation of indian act which was not pair materia. but this does not preclude the court from referring to english .....

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Mar 16 1943 (PC)

Commissioner of Income-tax, Madras Vs. Mohanmal ChordiA.

Court : Chennai

Decided on : Mar-16-1943

Reported in : [1943]11ITR352(Mad)

judgment of the appellate tribunal under section 33 of the indian income-tax act (xi of 1922) the income-tax appellate tribunal calcutta bench, consisting of r. p. varma (judicial member) and p. n. s. ayyar (accountant member) delivered the following judgment on april 10, 1942. this appeal has been preferred by the income-tax officer, iv circle, madras, against the order of the appellate assistant commissioner modifying ..... was not the owner and that such person would be deemed to the owner and that that person had no right to act as he or she did. (viii) the fact of gifts having been entered in the books, the income-tax officer cannot go against the evidence furnished by the books and disturb the position which the parties themselves have accepted between ..... kuvar and udai kuvar were each in their turn the absolute owners of the property and acted accordingly. 14. question (vii) : the contention is that this position has been accepted by the department as well as the parties themselves. it was now not competent for the income-tax officer to go back on this accepted position and dispute the ownership of the properties ..... as separate property. to disturb this position acted upon from 1896 after such along lapse of time will not, we think, be right. the parties themselves have not raised any dispute and have not taken any steps so far against the accepted position in any manner. nobody has challenged the position so far. the income-tax department is an independent third party and .....

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Mar 30 1943 (PC)

Commissioner of Income Tax, Madras Vs. Ct. Rm. N. Narayanan Chettiar.

Court : Chennai

Decided on : Mar-30-1943

Reported in : [1943]11ITR470(Mad)

..... appeal and set aside the assessment of the sum of rs. 21,153." on the application of the commissioner under section 66(1) of the income-tax act, the income-tax appellate tribunal referred the case to the madras high court. (judgment of the court was delivered by the honble the chief justice.) this is a reference ..... detention of the moveale properties and there was not any contract to pay interest and it was not, therefore, within section 3 of the indian income-tax act read with section 4 (3)(vii). we think that this case is fully applicable to the facts of the case before us and here also ..... by the income-tax appellate tribunal, calcutta bench, under section 66(1) of the income-tax act, and has been made at the instance of the commissioner of income-tax, madras. the assessees father, who died in 1921, was a partner in a money- ..... for the wrongful detention of the principal sum to which he was entitled under the award of the first panchayat. this contention was accepted by the income-tax appellate tribunal, but as the decision involved a question of law, it has referred to this court for decision of the following question :- "whether, ..... at page 9 in the case of behari lal bhargava v. commissioner of income-tax, c.p. & u.p., where a full bench of the allahabad high court decided that the interest awarded under section 28 of the land acquisition act was in the nature of compensation for the loss of the assessees fathers .....

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