Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1965 Page 3 of about 107 results (0.050 seconds)

Jul 01 1965 (HC)

The Income-tax Officer, Madras Vs. P. Ramaratnam and ors.

Court : Chennai

Decided on : Jul-01-1965

Reported in : AIR1966Mad164; 1966CriLJ549; [1965]58ITR297(Mad); (1965)2MLJ336

..... been filed against them. thus the accused in the case rely on the documents to prove the motive for the prosecution being launched against them.(2) section 137 of the income-tax act 1961, as it stood would have been an obstacle in the way of the court issuing summons for the production of the documents. but the said section has been omitted ..... be inoperative. but this contention was repelled in that case on the ground that there is no such exception, express or implied, in the language of s. 54 of the income-tax act of 1922 and that the prohibition imposed against the court by the said section is absolute. but as pointed out at page 612 of the law and practice of ..... the decision in charu chandra kundu v. gurupada ghosh : [1961]43itr83(sc) where it was held that having regard to s. 54 of the income-tax act, xi of 1922, the court has no power to direct the income-tax authorities to discover documents and statements in assessment proceedings. it was argued by the advocate for the appellant in that case that s. 54 of ..... documents produced, as the case may be. it is pointed out in that book that there was no provision in s. 54 of the 1922 act corresponding to sub-section 5 of s. 137 of the income-tax act of 1961. it should be noted that even the assessees have no objection to the production of the documents by the petitioner.(4) i shall .....

Tag this Judgment!

Dec 13 1965 (HC)

P.D. Mani and ors. Vs. Commissioner of Income-tax, Madras

Court : Chennai

Decided on : Dec-13-1965

Reported in : AIR1966Mad414

..... tribunal had drawn the proper legal inference as to the existence of a valid partnership entitling the applicants to the registration of the same under s. 26-a of the income-tax act. we have perused the order of the tribunal as also the statement of the case submitted by it, and we have to hesitation in answering the question against the assessees ..... veeraswami, j. (1) this reference under s. 66(2) of the indian income-tax act 1922 relates to the claim of the assessees for registration of their firm for the assessment years 1953-1954 to 1955-56, and the question for our consideration is whether .....

Tag this Judgment!

Aug 25 1965 (HC)

Gnanambika Mills Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Aug-25-1965

Reported in : (1966)2MLJ462

..... profits made on the transactions had been kept back from the books and considered that the assessee would, therefore, be liable to penalty under section 28(1)(c) of the income-tax act.3. before the high court, the contention for the assessee was that section 28 being a penal provision, the. burden was entirely on the department to show that the assessee ..... reduced by the appellate assistant commissioner, with whom the tribunal agreed, was levied on the assessee. the question directed to be referred to us under section 66(2) of the income-tax act, 1922 is whether, on the facts and in the circumstances of the case, the levy of penalty of rs. 32,000 on the assessee-company was lawful. in the assessment ..... case was accepted by this court as corrects p.k. kalasami nadar v. commissioner of income-tax, madras : [1962]46itr1056(mad) and the principle was applied to the proceedings under section 28 of the income-tax act. the learned judges there said:treating the penalty proceedings under the indian income-tax act as being more in the nature of criminal proceedings than civil proceedings, we can say that ..... assessee, the department had failed to do here. we are not satisfied that, in the circumstances of this case, we can accept this argument.4. that section 28 of the income-tax act is penal in character can admit of no doubt. penalty is additional levy made to penalise concealment of particulars of .....

Tag this Judgment!

Aug 25 1965 (HC)

Gnanambika Mills Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Aug-25-1965

Reported in : [1965]58ITR802(Mad)

..... profits made on the transactions had been kept back from the books and considered that the assessee would, therefore, be liable to penalty under section 28(1)(c) of the income-tax act.before us, the contention for the assessee is that section 28 being a penal provision, the burden entirely lay on the department to show that the assessee had concealed the ..... reduced by the appellate assistant commissioner, with whom the tribunal agreed, was levied on the assessee. the question directed to be referred to us under section 66(2) of the income-tax act, 1922, is whether, on the facts and in the circumstances of the case, the levy of penalty of rs. 32,000 on the assessee-company was lawful. in the assessment ..... criminal case was accepted by this court as correct in p. k. kalasami nadar v. commissioners of income-tax and the principle was applied to the proceedings under section 28 of the income-tax act. the learned judges there sai :'treating the penalty proceedings under the indian income-tax act as being more in the nature of criminal proceedings than civil proceedings, we can say that the facts ..... accept this argument.that section 28 of the income-tax act is penal in character can admit of no doubt. penalty is additional levy made to penalise concealment of particulars of income or deliberate furnishing of inaccurate particulars of such income. it is in addition to the taxes charged on the total income and is a multiple of the tax sought to be avoided by concealment or giving .....

Tag this Judgment!

Feb 25 1965 (HC)

Shri Ramkishan Srikishan Jhaver and ors. Vs. Commissioner of Commercia ...

Court : Chennai

Decided on : Feb-25-1965

Reported in : [1965]16STC708(Mad)

..... to the evader could also be viewed as an incidental or ancillary power necessary to render effective the substantive power conferred by entry 54 (tax on income)..34. on that view, section 28 of the income-tax act, which enabled the income-tax officers to levy a penalty in certain circumstances was held to be competent. it is beyond doubt, therefore, that an organic power or topic ..... not necessary for our present purpose to express a preference to one or the other view, for, we are not concerned with the validity of section 37(2) of the income-tax act. but what is important to notice is both the assam and calcutta high courts proceeded to determine the constitutional validity of section 37(2) on the basis of presence or ..... belief that any books of account or other documents which, in his opinion, will be useful or relevant to the proceedings under the provisions of the income-tax act, may be found, and (f) while authorising an income-tax officer, the commissioner will naturally specify the premises which the former is authorised to enter and search. the calcutta high court was of the view that ..... for the return of books which have been seized. so the majority of the learned judges of the assam high court considered that subsection (2) of section 37 of the income-tax act contained a concentration of naked, arbitrary and unrestricted power vested in the executive without any form of check, control or limitation. learned chief justice of that court differed and was .....

Tag this Judgment!

Dec 01 1965 (HC)

Corborandum Univeral Ltd. Vs. Union of India (Uoi), by the Secretary, ...

Court : Chennai

Decided on : Dec-01-1965

Reported in : (1966)2MLJ129

..... the industrial machinery specified in sub-clause (iii) of clause c of part a of the fifth schedule to the income-tax act. the petitioners, as they aver, are assessed to income-tax by the first income-tax officer, city circle, for 1960-61 and 1961-62, and in the course of these assessments they claimed that their profits in the manufacture ..... the central government is satisfied that the petitioners are engaged in the manufacture of one or more of the articles specified in part a of the fifth schedule to the income-tax act, 1961. the petitioners are a public limited company incorporated in 1954 and are said to be engaged during the relevant time in the manufacture of grinding wheels and abrasives, being ..... that the board of revenue had considered the matter, but it regretted that the request regarding exemption contemplated under the fifth schedule read with section 99(i)(iv) of the income-tax act, 1961 could not be acceded to. there was a further communication on 14th may, 1964 from the secretary to the central board of direct ..... central government, but to the central board of revenue as it figured then. section 99(1)(iv) of the income-tax act, 1961, reads;(1) super-tax shall not be payable by an assessee in respect of the following amounts which are included in his total income...(iv) if the assessee is a company, any dividend received by it, from an indian company, subject to .....

Tag this Judgment!

Feb 25 1965 (HC)

Shri Ramkishan Srikishan Jhaver and Others Vs. Commissioner of Commerc ...

Court : Chennai

Decided on : Feb-25-1965

Reported in : [1965]57ITR664(Mad)

..... unremunerative to the evader could also be viewed as an incidental or ancillary power necessary to render effective the substantive power conferred by entry 54 (tax on income)...'on that view, section 28 of the income-tax act, which enabled the income-tax to levy a penalty in certain circumstances was held to be competent. it is beyond doubt, therefore, that an organic power or topic or ..... not necessary for our present purpose to express a preference to one or the other view, for, we are not concerned with the validity of section 37(2) of the income-tax act. but what is important to notice is both the assam and calcutta high courts proceeded to determine the constitutional validity of section 37(2) on the basis of presence or ..... belief that any books of account or other documents which, in his opinion, will be useful or relevant to the proceedings under the provisions of the income-tax act, may be found, and (f) while authorising an income-tax officer, the commissioner will naturally specify the premises which the former is authorised to enter and search. the calcutta high court was of the view that ..... the return of books which have been seized. so the majority of the learned judges of the assam high court considered that sub-section (2) of section 37 of the income-tax act contained a concentration of naked, arbitrary and unrestricted power vested in the executive without any form of check, control or limitation. learned chief justice of that court differed and was .....

Tag this Judgment!

Apr 28 1965 (HC)

R. Shanmuga Rajeswara Sethupathi and Others Vs. Income-tax Appellate T ...

Court : Chennai

Decided on : Apr-28-1965

Reported in : [1965]58ITR514(Mad)

..... be conceded that the expenditure-tax act was one of several enactments designed to prevent the evasion of tax on income, the enactments, the wealth-tax act, the gift-tax act and the expenditure-tax act do not of their own force seek to tax income. the income-tax act expressly sought to tax income on the occasion of its receipt or accrual. but, when once the income had been earned and taxed, the income-tax act was no longer effective and ..... other devices to tax were obviously resorted to, different from those which the income-tax law take ..... care of. the broad statement that these taxes .....

Tag this Judgment!

Nov 11 1965 (HC)

Parvathi Ammal Vs. Mari Reddiar and ors.

Court : Chennai

Decided on : Nov-11-1965

Reported in : [1966]17STC243(Mad)

..... the relative provisions. that section in the income-tax act which contains a prohibition analogous to section 57(1) of the madras general sales tax act, goes further and directs that 'no court shall, save as ..... provided in this act, be entitled to require any public servant to produce before it any such ..... relates to any matter arising out of any proceeding under the act. at first sight sub-section (1) may appear to operate as a bar to disclosure even involuntarily. but a comparison of this sub-section with section 54(1) of the indian income-tax act, 1922, clearly brings out the difference in the scope of ..... l.r.[1909] mad. 62 it was held that rule 47(1) of the kerala general sales tax rules which is more or less similarly worded as section 57(1) of the madras general sales tax act did not bar disclosure of particulars of documents on summons to be produced in court. there the view ..... orderveeraswami, j.1. this petition raises a question of interpretation of section 57 of the madras general sales tax act, 1959. certain assessment records were sought to be summoned by the petitioner in a suit which he instituted and which is pending .....

Tag this Judgment!

Aug 03 1965 (HC)

S.S. Sivan Pillai and ors. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Aug-03-1965

Reported in : (1966)2MLJ468

..... k. veeraswami, j.1. these four references involve the interpretation of section 15-c of the income-tax act, 1922, and the scope of exemption available to shareholders in receipt of dividends the assessment proceedings right through have proceeded ..... preference shares in india cements limited, from which it received certain dividends for the current years 1951 and 1952. they were assessed by the income-tax officer as income from 'other sources' for the assessment years 1952-53 and 1953-54. on appeal the appellate assistant commissioner held that since the dividends ..... undertaking under sub-section (3) of section 15-c.13. the other cases cited before us ashok motors ltd. v. commissioner of income-tax : [1961]41itr397(mad) and commissioner of income-tax, madras v. standard motor products of india limited : [1962]46itr14(cal) do not bear precisely on the question we are called ..... , and claim the benefit under section 15-c (4).10. learned counsel for the revenue strongly relied on indo-commercial bank ltd. v. commissioner of income-tax, madras : [1962]44itr22(mad) and pressed before us that 'profits' in sub-section (4) of section 15-c refer only to assessed profits ..... not entitled to the benefit under section 15-c(4). in support of this contention the department relied on indo-commercial bank limited v. commissioner of income-tax, madras : [1962]44itr22(mad) . the tribunal substantially accepted the contention for the department and disposed of the appeals on that basis. the tribunal' .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //