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Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1965 Page 10 of about 107 results (0.045 seconds)

Feb 19 1965 (HC)

The Municipal Council, Melapalayam Vs. V.S.T. Sheik Mansoor and ors.

Court : Chennai

Decided on : Feb-19-1965

Reported in : AIR1966Mad20; (1965)2MLJ223

..... in list ii which empowers the state legislature to levy a tax on the private market or the income from it. it is obvious that though the law in relation to local bodies is enacted and justified as coming within the purview of ..... ilr (1944) mad 405 : (air 1944 mad 85) a division bench of this court justified the levy of fees at 15 per centum of the gross income from a market, without reference to the quid pro quo basis. in muthuswami raja v. kadayanallur panchayat union council, one of us had occasion to refer to ..... , where the state legislature is concerned. since that test cannot be applied successfully, it follows that what is levied under s. 262-a is not a tax.(4) since no attempt appears to have been made by the municipality to justify the licence fee imposed on the quid pro quo basis, it follows the ..... the same view. realising this position, mr. alagiriswami, for the municipality wanted to argue that the fee under s. 262-a of the act is really not that but a tax. but he could not pursue the point and sustain it in view of the constitutional position in regard to that matter. there is no entry ..... in tirunelveli district. the licence fee levied was computed at 15 per cent of the gross income of the owner from the market in the preceding year. this was in accordance with s. 262-a of the madras district municipalities act, 1920. the municipality instituted suits for recovery of the arrears of fees payable for the .....

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Sep 15 1965 (HC)

S. Parthasarathi Vs. Commissioner of Income-tax, Madras

Court : Chennai

Decided on : Sep-15-1965

Reported in : AIR1967Mad227

..... house to each of his son. he provided in the deed that from the date of the document each son must take the house, receive the income therefrom, pay the tax and thus enjoy the property. he further provided that in case any of his sons desired to alienate his house, he should in the first instance ..... on the part of the father to make it absolute and exclusive to each of his sons. he said that each son should take the property, receive the income and enjoy the property. there was no suggestion in the document that anything but each of his sons was to have any interest in the house allotted to ..... families?"though the question has been framed in that form, we have indicated the real point for decision, namely, as to whether the income of each of the assessees in question pertains to income of the hindu undivided family or of each of them.(2) the answer to the question turns entirely upon our construction of the terms ..... conclusion as to the scope and nature of the disposition under the document dated 12-7-1959, and as to the character of the rental income in the hands of the assessee.(5) we answer the question referred to us against the assessee with costs, counsel's fee rs. 250. ..... father by a deed dated 12-7-1959. the revenue has throughout taken the view that the rental income from these constituted the individual income of each of the assessees and could not by any means be regarded as income of each of the assessees in the status of a hindu undivided family. with this view of the .....

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Nov 19 1965 (HC)

Kothanda Pillai Vs. Devaraja Reddy (Dead) and anr.

Court : Chennai

Decided on : Nov-19-1965

Reported in : AIR1966Mad434

..... the laws relating to the levy of such taxes during 1954-55 or 1955-56. sub-sec. (5) reads as follows: 'no person who is not entitled to ..... protection act 1955 confers on the landlords a limited right to resume land for personal cultivation. sub-sec. (4) qualifies his right which he can exercise only if he does not own in excess of 13-1/3 acres of wet land or has not been assessed to any sales tax, profession tax or income-tax under ..... investigate the facts to see whether the vendor on the material date owned land exceeding the ceiling of 13-1/3 acres or was paying any of the taxes mentioned in sub-sec. (4) so that sub-sec. (5) would be attracted. without finding the facts, the revenue divisional officer has upheld the ..... officer, saidapet dn, by which he accepted a preliminary objection from the respondent-tenant based on s. 4-a(5) of the madras cultivating tenants protection act 1955 and dismissed the landlord's petition for resumption of the holding. the revenue divisional officer did so on the strength of natesa pillai v. mahalinga padayachi ..... resume possession under this section on the day the madras cultivating tenants protection (amendment) act 1956 came into force shall be deemed to be .....

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Feb 19 1965 (HC)

Union Leather Co. Vs. the State of Madras

Court : Chennai

Decided on : Feb-19-1965

Reported in : [1965]16STC1031(Mad)

..... authority called upon him to submit his account books for the purpose of assessing the income derived (sic) by him. after looking into the accounts, he found that the turnover consisting of sales of untanned skins and hides could not be assessed under the madras general sales tax act, as the dealer has not obtained any licence. this conclusion of his was based ..... thirty days from the date of commencement of his business:provided further that, where the exemption or concession aforesaid was conferred for the first time by the madras general sales tax (amendment) act, 1947, and the dealer had commenced business before the 1st january, 1948, he shall submit the application for the licence not later than the 1st march, 1948.(2) the ..... skins which have been tanned within the state shall be exempt from taxation provided that the hides or skins have been tanned in a tannery which has paid the tax leviable under the act. if such hides or skins have been tanned in a tannery which is exempt from taxation under section 3(3), the sale of such hides or skins shall ..... not by virtue of rule 16(5) that the taxability of an unlicensed dealer in hides and skins is determined, but it is by reason of the act and the rules framed thereunder.13. taxes on sales and purchases are imposed under section 3 of the enactment. under that provision, all sales and purchases, as the case may be, are subject to .....

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Apr 07 1965 (HC)

Kaloogate Estate Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Apr-07-1965

Reported in : [1973]87ITR215(Mad)

..... from difficulty, but it is not altogether devoid of authority. learned cousel for the assessee has referred to the decision in visalakshi achi v. commissioner of income-tax, : [1958]34itr363(mad) , . in that case, the assessee, whose estate was occupied by military authorities, claimed damages which included compensation for loss ..... 315 (h.l.). this principle has been applied to profits derived from the working of mines and minerals in raja bahadur kamakshya narain singh v. commissioner of income-tax, [1943] 11 i.t.r. 513, nitrate deposits in alianza company ltd. v. bell, [1906] a.c. 18, and timber bearing forests ..... the circumstances of the present case warrant the application of those decisions. a contrary view has been taken in fringford estates ltd. v. commissioner of income-tax, : [1951]20itr385(mad) , in that case, the assessee-company purchased a tract of land, part of which had already been cultivated with ..... will be perfectly correct to say that the value of the old trees cut down cannot be debited to capital.'4. in another decision, commissioner of income-tax v. patwardhan, : [1961]41itr313(bom) , the assessee sold a large number of trees, which had grown spontaneously, with the condition that the ..... , the tribunal, on analogy, held against the contention of the assessee. on an application by the assessee under section 66(2) of the act, this court directed the submission of a statement of the case on the following question :' whether, on the facts and in the circumstances of .....

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Oct 22 1965 (HC)

Chentilnathan Chettiar Vs. Peri V. Sp. Manickam Chettiar

Court : Chennai

Decided on : Oct-22-1965

Reported in : AIR1966Mad426

..... :- 'it is not correct to say that person 'could not be interested in the payment of money' within the meaning of s. 69 of the contract act, unless, he was at the same time entitled to some legal interest in the property in respect of which such payment might be made. the words themselves ..... charities. it may be that they are being treated by the govt. on the vesting of the estate within which the property is located under the abolition act, as poromboke. it may be that steps have not so far been taken by the parties to establish their claim to the properties and secure pattas for ..... reimburse the plaintiff for the penal assessment payable and paid for the period of the defendant's enjoyment of the lands. s. 69 of the indian contract act runs thus: 'a person who is interested in the payment of money which another is bound by law to pay, and who therefore pays it, is ..... paid by the plaintiff, found however, that the plaintiff could not be said to be interested in the payment. in the result, section 69 of the indian contract act, on the basis of which action was laid, was held to have no application, and the suit dismissed. (2) the facts and circumstances which led to ..... and carry on the trusts, meeting all the expenses and outgoings from the income. even if excess expenditure has to be incurred the branch in management will have to bear the same. the agreement specifically provides that taxes outgoings during the turns must be paid by the party in management, and there was no liability of .....

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Apr 07 1965 (HC)

C. T. Narayanan Chettiar Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Apr-07-1965

Reported in : [1966]60ITR690(Mad)

..... course of conduct the tribunal should think it necessary to ask for any separate money-landing instruments is not clear.in deoniti prasad singh v. commissioner of income-tax : [1947]15itr165(patna) . was considered a case of a zamindar who took bonds and promissory notes form his tenants in lien of arrears of ..... money-lender to a third party and if these amounts had become unrealisable, it could have demanded deduction under section 10(2)(xi) of the act; we see nothing in principle which justifies denial of the claim solely for the reason that the money was lent to the partnership of which ..... he has agreed to subscribe is entitled to interest thereon at the rate of six per cent. per annum.' under section 48 of the act, the mode off settlement of accounts between partners is laid down. it postulates that on the dissolution of the firm, the assets of the firm ..... the course of the money-lending transactions to advance moneys to the partnership. even the partnership law recognises this position. section 13(d) of the partnership act provides that 'subject to contract between the partners, a partner making, for purposes of the business, any payment or advance beyond the amount of capital ..... the assessees appeals with regard to the two other sums also failed.on the application of the assessee to this court under section 66(2) of the act, the tribunal has submitted a statement of the case and referred the following question : 'whether, on the facts and in the circumstances of the case .....

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Apr 01 1965 (HC)

V. Ramanathan Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Apr-01-1965

Reported in : [1966]62ITR293(Mad)

..... assessee under section 27 had been dismissed than for any specific finding relevant to section 28(1) (a).in an application under section 27 of the act, an assessee is required to satisfy the income-tax officer that he was prevented by sufficient cause from making the return or from complying with the terms of the relevant notice. when we come to section ..... the tribunal.it is undoubtedly proved that the assessee failed to furnish the return in response to the notice under section 22(2) of the act. his failure to submit the return obviously confers jurisdiction upon the income-tax officer to make assessment to the best of his judgment. having regard to the earlier proceedings that were before the tribunal when it remitted ..... under section 27 as well as the quantum-appeal.immediately on the making of the assessment under section 23(4) of the act on january 12, 1954, the income-tax officer had issued a notice under section 28(3) of the act. in the order made by him imposing the penalty, he noted that, in response to the notice under section 22(2) of ..... tribunal directed 'that the two cases in appeal be restored to the file of the income-tax officer, and they be disposed of in accordance with law.' this order was made on june 12, 1956.the income-tax officer again dismissed the application under section 27 of the act holding that the assessee had not shown sufficient cause for failure to comply with the notice .....

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Dec 09 1965 (HC)

V.N. Krishnaswamy Vs. Collector of Estate Duty, Madras

Court : Chennai

Decided on : Dec-09-1965

Reported in : AIR1966Mad341; [1966]61ITR333(Mad); (1966)2MLJ480

..... he constructed a house on the site. since then and until his death, the deceased was residing with his wife in the house. the income from the property was being assessed to income-tax in the hands of the deceased. the property also was admitted as his by the deceased in the wealth statements filed by him on 31-3 ..... smt. parvathi ammal was correctly included in the estate of the deceased as property deemed to pass under s. 10 of the act?"the site on which the house was built was purchased by p. natesan, deceased, on 18-7-1929, in the name of his wife, smt. parvathi ammal out ..... the gift, by contract or otherwise. if any of these requisites is not satisfied, to that extent the property taken under the gift shall be deemed to pass tax on the death of the donor. the essence of these requisites is total exclusion of the donor both from possession and enjoyment as well as benefit. whether, where ..... gifts with reservation and broadly speaking, contains two limbs, the first what may be called a non-exclusion clause, and the second, retention clause. from the standpoint of taxes, the section is intended to reach any gift, which in reality is not so or which detracts from the nature of the disposition by reason of the reservation in ..... (1) the question referred to us under s. 64(1) of the estate duty act, 1953 is:"whether on the facts and in the circumstances of the case, the house property no. 5 avenue road, nungambakam, madras standing in the name of .....

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Oct 13 1965 (HC)

Controller of Insurance, Simla Vs. Vanguard Insurance Co. Ltd.

Court : Chennai

Decided on : Oct-13-1965

Reported in : AIR1966Mad437; [1966]36CompCas119(Mad)

..... concerned, this was an amount of rs. 6122-29 as on 31-12-1957, for which the company took credit in its balance sheet as constituting an income-tax refund due to the company under law. the learned judge has found, and this is not really disputed before us, that the total refund comprising two ..... book-keeping principles; nor has the controller been able to show that the book-keeping principles actually adopted by the insurance company are either opposed to the act, and the rules, or opposed to mercantile practice. further, it has not been shown that the manner of debit entries adopted by the company was mala ..... or conduct of the ceylon branch officethis, as far as we can ascertain, appears to be a casus omissus. no rule has yet been framed under the act, for a limit of apportionment in such case. further, under the proviso to sec. 40-c(1), where an insurer has spent any amount in excess ..... the next item relates to a sum of rs. 10772 shown as expenses of management in the profits and loss account. under s. 40-c of the act, the expenses of management can be debited to the profit and loss account only in certain contingencies. there was a circular issued by the controller dated 11- ..... the vanguard insurance co. ltd. by its general manager, the respondent being the controller of insurance, simla, under s. 21(2) of the insurance act 1938, (act iv of 1938). that sub-section enacts that if the controller has declined to accept a return furnished to him by the insurer, under the provisions of the .....

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