Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: chennai Year: 1976 Page 1 of about 156 results (0.050 seconds)

Jul 27 1976 (HC)

Commissioner of Income-tax Vs. Banarsilal Dhawan

Court : Chennai

Decided on : Jul-27-1976

Reported in : [1977]109ITR360(Mad)

..... . 52,230 in all was erroneous and unsustainable. it was the correctness of that order which was challenged before this court in a reference under section 66(1) of the income-tax act. this court held that the addition of rs. 52,230 made in thereafter two years was not an 'intangible addition' ; it represented the real estimate of the profits earned by ..... reason such as that the receipt is of a casual nature not arising from any business or profession or occupation, or that it is exempt under any provision of the income-tax act, 1961.2.3.4.5.6.7.8.total of section f.6. the request to the officer to treat the sum as having been included in section 'f' of ..... year 1963-64, the relevant accounting year being the preceding financial year, he returned an income of rs. 10,260 under 'business'. at the time of hearing before the income-tax officer, it was submitted for the assessee that the proviso to section 145(1) of the income-tax act was applicable and that the assessee had no objection to the estimate of gross profit as ..... mudaliar and co. on february 10, 1950, which came within the 'previous year' for the assessment year 1950-51. with this information in his possession, the income-tax officer initiated proceedings under section 34 of the act and issued appropriate notices to the assessee for reopening the assessment of the years 1949-50 and 1950-51. the contention of the assessee was that .....

Tag this Judgment!

Jul 28 1976 (HC)

S. Subramania Chetty Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Jul-28-1976

Reported in : [1978]114ITR283(Mad)

..... books for a period of nearly two years, namely, from august 1962 to 1964, when the assessment proceedings after the issue of notice under section 148 of the income-tax act, 1961, were pending before the income-tax officer, the assessee did not come forward with any explanation in this behalf at all; (3) that the assessee came forward with a new case of borrowal ..... above. in the first decision referred to above, the bombay high court observed (page 105) : 'the proceedings under section 28(1)(c) (corresponding to section 271(1)(c) of the income-tax act, 1961) in their very nature are penal proceedings, and the elementary principles of criminal jurisprudence must apply to these proceedings, and nothing is more elementary at least in this country ..... year 1960-61, under section 271(1)(c) of the income-tax act, 1961, is valid and justified in law ?' 2. the facts are simple. the assessee carries on business in oil seeds. for the year ending march 31, 1960, relevant to the ..... and in the circumstances of the case, the levy of penalty of rs. 3,000 against the assessee for the assessment year 1960-61, under section 221(1) of the income-tax act, is justified in law 3. whether, on the facts and in the circumstances of the case, the levy of penalty of rs. 11,200 against the assessee for the assessment .....

Tag this Judgment!

Sep 20 1976 (HC)

K. Sankaranarayana Iyer and Sons and anr. Vs. Commissioner of Income-t ...

Court : Chennai

Decided on : Sep-20-1976

Reported in : [1977]110ITR571(Mad)

..... rights in the land and the amount invested by him must, therefore, be treated as capital expenditure within the meaning of section 10(2)(ix) of the indian income-tax, act, 1922, as it then stood. the present assessee has agreed presumably to pay some premium and an annual rent for all his rights under the lease, and ..... allowable as a revenue expenditure 't.c. no. 226 of 1972 :2. this reference has been made by the cochin bench under section 256(1) of the income-tax act, 1961, raising the following question for the opinion of this court :' whether, on the facts and in the circumstances of the case, the tribunal was justified in law ..... be taken into consideration for the computation of the allowable expenditure. the supreme court held that :' in computing the profits from its business under the indian income-tax act, 1922, the assessee was entitled to deduct by way of expenditure the market value of the thatch, bamboo and fuel, etc., grown by it and utilised ..... application to the facts here. that was a case where the supreme court was considering the question as to what was assessable under the central income-tax act in relation to the assessment of income from tea business. the bamboo, thatch, fuel, etc., had been treated as having been sold to the tea business in the agricultural ..... sethuraman, j. 1. under section 256(1) of the income-tax act, 1961, the following questions of law have been referred by the appellate tribunal, madras bench, for the opinion of this court : t.c. no. 406 of .....

Tag this Judgment!

Dec 15 1976 (HC)

L.K. Shaik Mohd. Bros. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Dec-15-1976

Reported in : [1977]110ITR808(Mad)

..... as the tribunal rested its conclusion on appreciation of facts, no interference is called for by this court exercising jurisdiction under section 66(1) of the indian income-tax act, 1922, equal to 256(1) of the income-tax act of 1961, which is in the nature of advisory jurisdiction.4. it is by now well settled that the scope of interference by the high court ..... question already excerpted above was referred for our decision.10. we have already touched upon the essential features which wouldguide this court in exercising jurisdiction under section 256 of the income-tax act, 1961, as also the scope of the penalty proceedings. havingregard to the fact that the findings of fact rendered by the tribunal arebased on acceptable material and as it is ..... on a reference 'under section 256(1) of the income-tax act, 1961, is rather restricted. it is undoubtedly advisory in the sense that it is not appellate. it is not even revisional as it is understood in civil law becauseinterference on ..... addition of rs. 10,000 as well. the additions having thus been made, proceedings were initiated under section 271(1)(c) of the income-tax act, 1961, to levy penalty on the assessee for such escapements and unaccounting of assessable income. the assessee reiterated the contentions already made during the assessment proceedings. the assessee's explanation before the tribunal was that the purchases of .....

Tag this Judgment!

Apr 15 1976 (HC)

Commissioner of Income-tax Vs. Amalgamations (P.) Ltd.

Court : Chennai

Decided on : Apr-15-1976

Reported in : [1977]109ITR115(Mad)

..... consideration for more than one year in the application of section 23a. we do not find any warrant in the statute for any such assumption. the whole scheme of the income-tax act is to divert attention on the facts of the relevant year unless as in clause (i) of section 23a(1) in the case of losses the position of the earlier ..... the year of account; and (ii) receipts from the liquidator of sembiam saw mills (private) ltd. from the distributable surplus for the purpose of levying additional super-tax under section 23a(1) of the indian income-tax act, 1922, for the assessment year 1960-61 ?'6. out of the above three questions, we may dispose of questions nos. 2 and 3 first. it is ..... assessee had sold certain assets on which it had obtained depreciation in the relevant income-tax assessments. the difference between the original cost of the said assets and the written-down value was brought to tax by applying the second proviso to section 10(2)(vii) of the indian income-tax act, 1922. the question before the supreme court was whether this difference should have been ..... of the proceedings under section 23 a of the indian income-tax act, 1922, for the assessment year 1960-61. the assessee is a holding company which has several subsidiaries. it is a company in which the public are not substantially interested. the relevant previous year ended on 30th june, 1959. when the income-tax officer considered the application of section 23a to this company .....

Tag this Judgment!

Jul 13 1976 (HC)

P. Palaniswami Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Jul-13-1976

Reported in : [1977]106ITR811(Mad)

..... his contention but by mistake set aside the entire reassessment order and restored the original assessment order. no steps wore taken under section 35 of the indian income-tax act, 1922 (corresponding to section 254(2) of the income-tax act, 1961) to rectify the mistake nor was any reference to the high court sought against the order of the appellate tribunal. thereafter, in 1950, the ..... of the order of the appellate assistant commissioner and proceeded on the basis that the appellate assistant commissioner allowed the appeal only on the ground that section 154 of the income-tax act, 1961, could not have been resorted to in the circumstances of the case. as the extract from the order of the appellate assistant commissioner clearly shows that that order ..... the proceedings initiated under section 147(b) were validly initiated since the commissioner's letter dated 13th may, 1966, constituted information within the meaning of section 147(b) of the income-tax act, 1961. it is with reference to this order the above three questions have been referred for the opinion of this court. 6. since we are answering the third question in ..... . it cannot be disputed that the order passed by the appellate assistant commissioner was within his jurisdiction. when the assessee preferred the appeal against the order of the income-tax officer made under section 154 of the income-tax act, 1961, both the resort to the machinery of section 154 and the existence or otherwise of an error in the earlier order of the .....

Tag this Judgment!

Apr 05 1976 (HC)

Commissioner of Income-tax Vs. Sri Ramakrishna Nursing Home

Court : Chennai

Decided on : Apr-05-1976

Reported in : [1976]105ITR86(Mad)

..... tribunal, madras bench, has stated a case and referred the following question of law to this court under section 256(1) of the income-tax act, 1961, for its opinion :'whether, on the facts and in the circumstances of the case, the deed of partnership dated april 1, 1961, could be said to be illegal or ..... partnership was a genuine one and there was no illegality, was there anything within the powers of the income-tax officer to question the partnership and refuse to grant registration on the ground that the partnership was opposed to public policy? section 185 of the income-tax act, 1961, is the statutory provision dealing with the procedure on receipt of applications. sub-section (1) of ..... that section states :'on receipt of an application for the registration of a firm, the income-tax officer shall inquire into the genuineness of the firm and its constitution as specified ..... for the year 1963-64. however, for the year 1964-65, when the assessee filed a declaration as required under the provisions of section 184(7) of the act of 1961, the income-tax officer took the view that there was no genuine firm in existence and that the partnership contravened certain ethical code of medical profession. according to him, a qualified medical .....

Tag this Judgment!

Aug 20 1976 (HC)

Aishabi Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Aug-20-1976

Reported in : [1980]126ITR293(Mad)

..... of this court:'1. whether, on the facts and circumstances of the case, the reopening of the assessment is justified under section 147(a) of the income-tax act ? 2. whether, on the facts and circumstances of the case, the tribunal was justified in holding that a sum of rs. 1,75,000 is ..... of the opinion that the high court was in error in reappraising the evidence before the appellate tribunal and in interferring with its finding that the income-tax officer had no reason to believe that there was an omission on the part of the assessee to disclose fully and truly all the material facts ..... its contents were essentially in line with the contents of the agreement dated december 27, 1958, which had been disclosed to the income-tax officer, it cannot be said that the income-tax officer who initiated action under section 147 had gathered any fresh facts by seeing the agreement of february 9, 1959, which had ..... of rs. 1,75,000 would be in the custody of one sri soumb.rarajan, a chartered accountant of salem, who was the assessee's income-tax adviser. after the meeting of the regional transport authority and the transfer of the permits in favour of kalaran, sri soundara-rajan returned the documents ..... by oversight did not bring the amount represented by the drafts to tax as the income of the assessee. subsequently, he took up proceedings under section 147(a) of the i.t. act, 1961, with a view to assess the amount as the income of the assessee from undisclosed sources. on a writ petition before .....

Tag this Judgment!

Nov 03 1976 (HC)

Commissioner of Income-tax Vs. Sree Kaliswari Colour Match Works

Court : Chennai

Decided on : Nov-03-1976

Reported in : [1978]112ITR346(Mad)

..... these circumstances, we are of the opinion that the tribunal was right in its conclusion that the action taken under section 155(5) of the income-tax act, 1961, was not warranted since there was no transfer of the assets in question. the result is that we answer the question referred to ..... dated september 13, 1976 : [1978]112itr360(mad) (appendix)]. that also dealt with the case of the applicability of sections 41(2) and 45 of the income-tax act, 1961. in the un-reported case [since reported in : [1978]112itr360(mad) (appendix)], the business was originally carried on by a firm of two partners ..... court observed as follows (pages 531, 532) :'no doubt, a partnership is treated as an entity for certain purposes, as for instance by the income-tax act for purposes of assessment of firms of partnership or the code of civil procedure for purposes of procedural matters or the law merchant. but barring the ..... court at the instance of the commissioner, this court held that the conclusion of the tribunal was right. section 10(2)(vii) of the indian income-tax act, 1922, used the expression 'any such building, machinery or plant is sold'. this court in the said decision held that when the assessee took ..... circumstances of the case, the appellate tribunal was right in law in holding that the passing of the order under section 155(5) of the income-tax act, 1961, withdrawing the development rebate on polygraph off-set machine for the assessment year 1962-63, was not justified ?'2. the facts that are .....

Tag this Judgment!

Nov 10 1976 (HC)

Yercaud Coffee Curing Works Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Nov-10-1976

Reported in : [1978]111ITR787(Mad)

..... 2(18)(b)(b)(i) corresponded to sub-clause (i) of clause (b) of the explanation which we have extracted except for the difference that in the provisions of the income-tax act, 1961, after the expression 'the public' the expression was '(not being a director or a company to which this clause does not apply)'. with reference to that clause, the kerala ..... question. the tribunal by its order came to the conclusion that the appellate assistant commissioner was wrong in treating the subsequent amendments made in 1957 to the act and those made in 1965 to the income-tax act, 1961, as merely declaratory. consequently, on the construction of the relevant statutory provision applicable to the respective years, the tribunal came to the conclusion that the ..... referred to as the first question in the course of this judgment.3. the questions referred to above turn upon the interpretation of section 23a of the indian income-tax act, 1922 (hereinafter referred to 'as the act'). as the questions themselves will indicate, the assessment years concerned are 1956-57, 1959-60 and 1960-61. the said provision, namely, section 23a of the ..... were asked to construe the scope of the explanation in the light of the amendments made in 1955 and 1957 to the act and the corresponding provisions contained in the income-tax act of 1961 and the amendments made in the new act in 1965, they observed at page 778 :'now, we do not think that, having regard to the nature, scope and extent of .....

Tag this Judgment!


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