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Judgment Search Results Home > Cases Phrase: income tax act Court: gujarat Year: 1968 Page 1 of about 34 results (0.014 seconds)

Aug 22 1968 (HC)

The Commissioner of Income-tax, Gujarat-ii, Ahmedabad Vs. Arvind Narro ...

Court : Gujarat

Decided on : Aug-22-1968

Reported in : AIR1970Guj167; [1969]73ITR490(Guj)

..... income of the assessee for all the three assessment years. the asessee being aggrieved by the orders of the ..... income-tax officer, preferred appeals to the appellate assistant commissioner. the appellate assistant commissioner disagreed with the view taken by the income-tax officer and held that the ..... under the trust deeds and the entire income of the relevant account years was therefore receivable by the trustees on behalf of or for the benefit of the assessee and the assessee was liable to be assessed directly in respect of such income under section 166 of the income-tax act, 1961. the income- tax officer accordingly included the entire income of the three trusts in the total .....

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Sep 05 1968 (HC)

Commissioner of Income-tax, Gujarat I Vs. Karamchand Premchand Private ...

Court : Gujarat

Decided on : Sep-05-1968

Reported in : [1969]74ITR254(Guj)

..... wholly and exclusively for the purpose of the assessee's business and as such allowable as a deduction under section 10(2) (xv) of the income-tax act, 1922, corresponding to section 37 of the present act. the assessee thereupon made an application to the tribunal for raising an additional ground of appeal challenging the disallowance of the third claim and this application ..... bhagwati, c.j.1. this references raises a rather important question affecting the jurisdiction of the tribunal under the provisions of the income-tax act, 1961. the reference arises out of an assessment made on the assessee for the assessment year 1964-65. the assessees is a private limited company and in the course ..... the explanation, the interpretation consistently placed by the high courts on the corresponding provisions of the old act was - vide narrondas manordass v. commissioner of income-tax, and this interpretation was confirmed by the supreme court in commissioner of income-tax v. mcmillan and co., and commissioner of income-tax v. shapoorji pallonji mistry 3 - that once an appeal is preferred by an assessee, the powers ..... does not say anything which helps in the determination of the present question. certain cash credits were added as undisclosed profits in the assessment of the assessee by the income-tax officer and the assessee challenged the addition before the appellate assistant commissioner without success. the assessee thereafter carried the matter in appeal to the tribunal but the tribunal did .....

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Aug 26 1968 (HC)

Panna Sanjay Trust Vs. Commissioner of Income-tax, Gujarat

Court : Gujarat

Decided on : Aug-26-1968

Reported in : [1969]74ITR396(Guj)

..... aspect of the question is concerned, is admittedly the same as the shame of the old income-tax act and these observations of the bombay high court though made in the context of the old income-tax act would have equal validity under the present income-tax act. wherever any income is excluded from chargeability to tax either expressly or by necessary implication arising from the scheme of the ..... it exclusion for the purpose of determination of rate. but this postulate is plainly incorrect and is contrary to the scheme of the income-tax act. the bombay high court, while examining the scheme of the old income-tax act, pointed out in commissioner of income-tax v. n. m. raiji : 'the scheme is that wherever one finds an exemption or exclusion from payment of ..... principle, there is also a decision of the bombay high court in trustees of chaturbhuj raghavji trust v. commissioner of income-tax, where the same view has been taken in regard to the construction of the corresponding section 41 of the income-tax act, 1922, which, so far as is material for the present purpose, was in almost identical terms with the ..... act or its provisions, exclusion operates in the computation of the total income not only for the purpose of liability to tax but also for the purpose of .....

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Aug 30 1968 (HC)

D.M. Manasvi Vs. Commissioner of Income-tax, Gujarat Ii

Court : Gujarat

Decided on : Aug-30-1968

Reported in : [1969]72ITR17(Guj)

..... and 1962-63. so far as the assessment years 1959-60 and 1960-61 were concerned, the assessee was initially assessed under section 23 of the income-tax act, 1922. however, the income-tax officer subsequently found that the income from the business, which was carried on in the name of m/s. kohinoor grain mills sales depot, was not included in the returns filed by ..... satisfaction of the officer concerned under section 28(1) during the pendency of the main proceedings. 13. in anant ram kanhaiyalal v. commissioner of income-tax, the allahabad high court pointed out that section 28(3) of the income-tax act, 1922, nowhere requires the issue of a notice to show cause against the imposition of a penalty. such a notice not being prescribed under ..... the facts and in the circumstances of the case, the proceedings for the imposition of penalty were properly commenced in the course of any proceedings under the act as required by section 271 of the income-tax act, 1961, for the assessment years 1959-60 to 1962-63 (2) whether, on the facts and in the circumstances of the case, there was any material ..... notice on october 7, was the first step taken in connection with the penalty proceedings. 18. in chennuru venkataramanaiah chetty & bros. v. income-tax officer, the andhra pradesh high court held that the notice under section 28 of the income-tax act, 1922, for the imposition of penalty, which was issued to the petitioner on march 21, 1952, the date on which the assessment proceedings .....

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Oct 03 1968 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Alembic Glass Industries Lt ...

Court : Gujarat

Decided on : Oct-03-1968

Reported in : [1969]71ITR752(Guj)

..... expended wholly and exclusively for the purposes of such business, profession or vocation.' 3. the proviso to clause (xv) is not relevant for the purposes of this judgment. under the income-tax act of 1961, which came into force from april 1, 1962, i.e., for the assessment year 1962-63, the relevant section is section 37. sub-section (1) of section 37 ..... divan, j.1. in this reference two assessment years are involved and this joint reference had been made under section 66(1) of the income-tax act, 1922, and section 256(1) of the income-tax act, 1961. the assessment years are 1961-62 and 1962-63, the corresponding previous years being the calendar years 1960 and 1961. the assessee is a company manufacturing glassware; and it ..... . 3,489 was revenue expenditure ?' 2. the law applicable to the assessment for the assessment year 1961-62 is the income-tax act, 1922, and the relevant section of that act is section 10(2)(xv), which provided as follows : '10. (1) the tax shall be payable by an assessee under the head 'profits and gains of business, profession or vocation' in respect of the ..... with the assessment year 1962-63. thereafter, the assessee-company went in appeal before the appellate assistant commissioner and that officer dismissed both the appeals confirming the view of the income-tax officer that the sums which had been disallowed were items of capital expenditure. thereafter, the assessee-company took the matter in further appeal to the tribunal and the tribunal directed .....

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Jan 15 1968 (HC)

Commissioner of Income-tax Vs. Sakarlal Balabhai

Court : Gujarat

Decided on : Jan-15-1968

Reported in : [1968]69ITR186(Guj)

..... and similar devices on a substantial scale' that the english section was enacted. the same mischief also existed in india and, therefore, when the legislature made extensive amendments in the income-tax act in 1939, the legislature introduced section 44f to remedy such mischief. originally the bill did not include any clause corresponding to section 44e and 44f but at the stage of ..... are not material for the determination of the present controversy, section 44f follows closely, almost to a word, the corresponding section 33 of the english finance act, 1927 - replaced subsequently by section 237 of the english income tax act, 1952 - and, therefore, the observations made in regard to the object and purpose of the english section would be useful in understanding the reason for ..... bhagwati, c.j.1. this reference raises an interesting question of construction of section 44f of the income-tax act, 1922. the question is not free from difficulty arising as it does on one of the least happily drafted sections of an act not otherwise known for perspicuity. in order to appreciate the question it is necessary to notice the facts giving rise to ..... judges of the australian high court in deputy federal commissioner of taxation v. purcell. the section which came up for consideration in that case was section 53 of the income tax assessment act, 1915-16, which gave power to the revenue to avoid the transaction which had the purpose or effect of avoiding of any liability imposed on any person by that .....

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Oct 09 1968 (HC)

Bai Chandanben Jivanlal Vs. L.D. Joshi, Collector, Bhavnagar

Court : Gujarat

Decided on : Oct-09-1968

Reported in : [1969]74ITR448(Guj)

..... , 1951. during the time that the deceased was a partner of the said two firms as the said two firms were registered under section 26a of the income-tax act, 1922 (hereinafter referred to as the 'old act'). the deceased was assessed in the status of an individual as non-resident in some years us as resident in others. when the deceased retired from ..... of demand is not complied with, the assessee an be treated as a person in default and he is liable to pay a penalty equal to the tax debt under section 46(1) of the income-tax act. lastly, on the failure of the assessee to pay after a notice of demand is issued, the recovery proceedings an be started within a time limit ..... and the amount of tax an be treated as an arrear of land revenue. ................ the notice of demand is a vital document in many respects. disobedience to it makes ..... to them under rule 11, clause (6), of the second schedule to the act.17. we therefore allow the petition and make the rule absolute to the limited extent that a writ of mandamus shall issue quashing and setting aside the certificate of recovery forwarded by the income-tax officer to the additional collector, bombay, as also the recovery proceeding instituted against the .....

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Oct 11 1968 (HC)

P.M. Bharucha and Co. Vs. G.S. Venkatesan Income-tax Officer, Circle I ...

Court : Gujarat

Decided on : Oct-11-1968

Reported in : [1969]74ITR513(Guj)

..... of indian did not find place in the patiala act. the commissioner, when he transferred this case, referred not to the patiala income-tax act, but to the indian income-tax act, and it is contended that if the patiala income-tax act was in force for purposes of reassessment action should have been taken under that act and not the indian income-tax act. this argument however loses point, because the exercise of ..... by an assessment order, dated 30th may, 1951. the petitioner-firm not having applied for registration was not registered under section 26a of the income-tax act, 1922 (hereinafter referred to as 'the old act'), but the income-tax officer being of the opinion that it was more advantageous to the revenue to proceed under section 23(5) (b), treated the petitioner-firm, though unregistered, ..... name in which the business is carried on is called the firm came. it is undoubtedly true that for the purpose of the income-tax act the firm is an assessable entity but the definition of 'partnership' incorporated in the income-tax act shows that a firm is not a legal entity; it is not a juristic person distinct from its partners. a firm is merely ..... we may usefully refer only to one decision, and that is the decision of the supreme court in l. hazari mal v. income-tax officer. the commissioner of income-tax in that case, purporting to act under section 5(5) and 5(7a) of the indian income-tax act, made an order on november 4, 1953, that the assessment of the assessee-firm would be done by the .....

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Sep 11 1968 (HC)

Commissioner of Expenditure Tax, Gujarat I Vs. Ambalal Sarabhai (Decea ...

Court : Gujarat

Decided on : Sep-11-1968

Reported in : [1969]73ITR78(Guj)

..... expenditure. now it is significant to note that, in enacting this exemption, the legislature did not restrict itself to the well-worn formula 'business, profession or vocation' employed in the income-tax act but enlarged it by adding a word of large connotation, namely, 'occupation'. the legislative intent clearly was to bring within the scope and ambit of the exempting provision non personal ..... carried on.' 5. this decision of the supreme court was of course given in reference to a question arising under the income-tax act but the reasoning on which it is based must apply equally to a question arising under the expenditure-tax act. moreover, there is also a decision of a division bench of this court consisting of k. t. desai c.j., as ..... meaning of 'occupation' in section 5(a) while considering this question, it is necessary to bear in mind that the object of the enactment of the expenditure-tax act was to impose an annual tax on personal expenditure so that it might discourage excessive personal expenditure and encourage savings. the non-personal expenditure incurred by an assessee was, therefore, sought to be excluded ..... he then was, and myself in commissioner of expenditure-tax v. manorama sarabhai, where, following the above decision of the supreme court, we have taken the view that it is not necessary that income or profit motive .....

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Sep 18 1968 (HC)

The Commissioner of Expenditure Tax, Gujarat I, Ahmedabad Vs. Ambalal ...

Court : Gujarat

Decided on : Sep-18-1968

Reported in : AIR1970Guj141

..... to note that in enacting this exemption, the legislature did not restrict itself to the well-worn formula 'business, profession or vocation' employed in the income-tax act but enlarged it by adding a word of large connotation, namely, 'occupation'. the legislative intent clearly was to bring within the scope and ambit of ..... on.'this decision of the supreme court was given in reference to a question arising under the income-tax act but the reasoning on which it is based must apply equally to a question arising under the expenditure tax act. moreover there is also a decision of a division bench of this court consisting of k. ..... in section 5(a)? whilst considering this question, it is necessary to bear in mind that the object of enactment of expenditure-tax act was to impose an annual tax on personal expenditure so that it might discourage excessive personal expenditure and encourage savings. the non-personal expenditure incurred by an assessee was ..... contention can no longer be accepted in view of the decision of the supreme court in p. krishna menon v. commt. of income-tax : [1959]35itr48(sc) . the assessee in that case was teaching his disciples vedanta without any motive or intention of making ..... a proper interpretation and application of section 5 (a)and we will therefore set out that provision in extenso:'5. no expenditure-tax shall be payable under this act in respect of any such expenditure as is referred to in the following clauses, and such expenditure shall not be included in .....

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