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Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1965 Page 9 of about 107 results (0.047 seconds)

Feb 26 1965 (HC)

Commissioner of Income-tax, Madras Vs. N.H. Lee Manner

Court : Chennai

Decided on : Feb-26-1965

Reported in : AIR1967Mad107

..... aggrieved with the order of the appellate authority, the assessee preferred an appeal to the appellate tribunal, madras bench. against that order, the commissioner of income-tax preferred the reference application under s. 66(1) of the act.(7) now by virtue of standing order no. 3 of 1960 dated 1-8-1960, the tribunal at madras, acquired the jurisdiction to hear and ..... high court means the high court for that state.(9) in this case, we have to consider whether the commissioner of income-tax, madras, has got locus standi to filled the applications under s. 66(2) of the act it is strenuously contended by learned counsel for the assessee that the 'commissioner' referred to in rules 37 and, r. 38 of the appellate ..... observed, was employed as assistant manager in the nadupally estate, kerala state. under s. 64 of the act, the assessee has to be assessed by the income-tax officer of the area in which he resides. in this case, the assessment has been made by there income-tax officer, always, kerala state, as the assessee was residing within the jurisdiction. the assessee aggrieved with the ..... tribunal rules, would mean only the commissioner of income-tax, to whom the income-tax officer who made the assessment is subordinate. therefore it is contended that only .....

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Feb 12 1965 (HC)

India Motor Parts and Accessories Ltd. (P), Madras Vs. the Commissione ...

Court : Chennai

Decided on : Feb-12-1965

Reported in : AIR1966Mad411; [1966]60ITR531(Mad)

..... , therefore, not includible in the computation of the capital of the company for the assessment year 1963-64, under the second schedule to the super profits tax act, 1963 ?"assessment year 1964-65:"whether, on the facts and in the circumstances of the case, it has been rightly held in law that the sum ..... 5. the questions that have been referred to us arise in construing the provisions in sch. ii to the super profits tax act, 1963, and in sch. ii to the companies (profits) surtax act, 1964. at the outset we may point out that a bench of this court, to which one of us was ..... was subjected to the super profits tax act of 1963. for the other two assessment years, the assessee was subjected to surtax under the companies (profits) surtax act, 1964. the dispute arose for all these assessment years regarding the computation of capital to work ..... not includible in the computation of the capital of the company for the assessment year 1964-65, under the second schedule to the companies (profits) surtax act, 1964?"2. the brief details relating to the above three assessment years may be stated thus : with regard to the assessment year 1963-64, the assessee ..... a copy of this judgment under the signature of the registrar and the seal of this court will be sent to the income-tax appellate tribunal. ..... 1. the income-tax appellate tribunal, madras bench, has referred the following questions relating to the assessment years 1963-64, 1964-65 and 1965-66, .....

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Jan 20 1965 (HC)

Swami Motor Transports Ltd., Tanjore Vs. the Commissioner of Income-ta ...

Court : Chennai

Decided on : Jan-20-1965

Reported in : AIR1965Mad516; [1966]36CompCas345(Mad); [1966]60ITR234(Mad)

..... company who represented the company in all the proceedings connected with the application under the companies act. the total of rupees 3,050 was claimed as allowance under s. 10(2).(3) the view taken by the income-tax officer was that the amounts expended in the above fashion during the two years did not ..... under s. 153c of the act could conceivably come within the scope of the allowance. nothing has been stated before us which inclines us to accept the case of the assessee in this regard.(9) the decision of this court in selvarajulu chetty and co., v. commr., of income-tax 1964 1 itj 769: ..... and/or advocate of rs. 4,000 and rs. 3,050 respectively can be claimed as a proper charge on the business income filed under s. 10(2) of the act or on general principles of commercial expediency.'(2) the assessee is a private limited company which carried on transport business. the relevant ..... paid to the commissioner for conducting these meetings would thus appear to be within the scope of allowance either under s. 10(2)(xv) of the act or on general principles of commercial requirements.(8) we are not, however, satisfied that the remuneration paid to the interim administrator or to the advocate ..... normal business expenditure. the audit of the company directed by the court, though it arose in the context of the application under s. 153c of the act, was nevertheless one which could have been undertaken by the company itself in the normal course. equally, it seems to us that the expenditure incurred .....

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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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Apr 01 1965 (HC)

S. Govindan Chettiar and anr. Vs. Commissioner of Income-tax, Madras

Court : Chennai

Decided on : Apr-01-1965

Reported in : AIR1966Mad263

..... in appeal. the appellate assistant commissioner did not accept the view that the proviso to section 13 was attracted and remanded the case to the income-tax officer. thereafter, the income-tax officer examined the books in greater detail. at this stage he found that there were numerous suspicious credits of the personal accounts over a period of years and ..... -5-1954. the accounts of the assesee were found to be defective, and applying the proviso to section 13 of the act, the income tax officer made additions of rs. 50,000, rs. 22,000 and rs. 7,000 to the returned incomes. these additions were made by estimating the gross profit. the assessments were taken up in appeal. the assessments were taken up ..... the business as carried on by the assessee within their jurisdiction, they, in fact, reduced the income adopted in the provisional assessments when it came to the stage of finalisation of these assessments. thought the income-tax authorities in india are not bound to accept and act upon the assessments made by the ceylon authorities, it would still be unreasonable to ignore them altogether ..... . nextly, it was argued that if these cash credits appearing in the first of the years are added as the income of the assessee, then, to the extent .....

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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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Dec 03 1965 (HC)

G. Ramasundaram and ors. Vs. the Inspector of Panchayats (District Col ...

Court : Chennai

Decided on : Dec-03-1965

Reported in : (1968)1MLJ318

..... the judgment-delivered on 21st december, 1956, the previous history of the earlier income tax act was taken into account to decide what policy could be said to underlie the provisions of the impugned section.14. we refer to this passage, that to find out whether ..... has enunciated principles for the guidance of those to whom authority to implement the act has been delegated.incidentally we may also observe that in pannalal binjraj v. the union of india : [1957]1scr233 where the vires of section 5(7-a) of the income tax act were put in issue before, this court, the challenge was repelled and during the course of ..... offence punishable under any law or rule relating to the infringement of secrecy of an election get disqualified from voting or from being elected in any election under the panchayat act or from holding the office of member of a panchayat. the various theories of adequate representation, proportional representation achieved by single transferable vote or by list system, cumulative vote ..... of municipal corporations, improvement trusts, district boards, mining settlement authorities and other local authorities for the purpose of local self-government or village administration.3. section 8 of the panchayat act provides for the constitution of panchayats for villages and towns and their incorporation. section 10 provides for the strength of a panchayat, the total number of members of a panchayat .....

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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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Mar 01 1965 (HC)

R. Ganesan Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Mar-01-1965

Reported in : [1965]58ITR411(Mad)

..... english act, it is observe :'the theory behind schedule a is that the possession of an interest in property gives rise to ..... the case for, in our view, section 9 of the act brings to tax a certain class of income, though such incomes do not always 'come in' in the sense indicated in the decision. mr. balasubrahmanyan, learned counsel for the department, refers to simons income tax, volume i (2nd edition). at page 502 dealing with income from property, which is dealt with under schedule a in the ..... not within the scope of section 16(3).mr. seshadri elaborates his point further by reference to section 9 of the act. section 9 deal with the tax payable by the assessee under income from property. broadly stated, the tax is payable on the bona fide annual value of the property. section 9(2) provides that the annual value of a property shall be ..... section 9, regarded as the annual value of the property, that is to say, the income that can be brought to tax. it seems to us that this contention has to be accepted. under section 6 of the act, among the various heads of income chargeable to tax is income from property. that is dealt with in section 9 and this section determines the measure of .....

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Oct 19 1965 (HC)

N. S. S. Sokkalingam Chettiar and Co. Vs. Commissioner of Income-tax, ...

Court : Chennai

Decided on : Oct-19-1965

Reported in : [1966]60ITR671(Mad)

..... with the terms of the partnership instrument. this view of the tribunal is now challenged before us.section 26a of the income-tax act prescribes the procedure for registration of firms. the application shall be made to the income-tax officer on behalf of any firm constituted under the instrument of partnership specifying the individual shares of the partners for registration for ..... the purposes of this act and any of other enactment for the time being in force relating to income-tax. section 26a(2) provides that the application shall be made in the manner prescribed by the rules according to the rule ..... ground that the partnership deed placed restrictions on the powers of the other partners and those restrictions reduced the other partners to the position of mere dummies. the income-tax appellate tribunal considered the restrictions placed on the other partners and found that those restrictions were not sufficient for refusing registration. we are therefore not concerned with those ..... restrictions.the income-tax appellate tribunal refused registration on the ground that there was no provision in the partnership deed entitling partners nos. 3 and 4 to anything more than a share .....

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