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Judgment Search Results Home > Cases Phrase: income tax act Court: gujarat Year: 1973 Page 1 of about 69 results (0.049 seconds)

Sep 06 1973 (HC)

Maneklal Bhagwandas Vs. N.N. Sheth, Income-tax Officer, Surat

Court : Gujarat

Decided on : Sep-06-1973

Reported in : [1974]94ITR287(Guj)

..... or about july 10, 1969, the respondent raided the premises of the petitioner and the raid was carried out under the provisions of section 132 of the income-tax act, 1961, (hereinafter referred to as 'the act'). amongst various articles seized from the petitioner the respondent seized an amount of rs. 1,70,000 and 23 guineas. it is the case of the petitioner ..... , a division bench of this high court consisting of bhagwati c.j. and t. u. mehta j. has held that the provisions of the income-tax act relating to search and seizure contained in sub-sections (1) (c) (iii) and (5) of section 132 are not violative of articles 14 and 19(1)(f) of the constitution ..... money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which was not been disclosed for the purposes of the indian income-tax act, 1922, or this act, he may authorize any deputy director of inspection, inspecting assistant commissioner, assistant director of inspection or income-tax officer to seize any such books of account, other documents, money, bullion, jewellery or ..... the undisclosed property) in a summary manner to the best of his judgment on the basis of such materials as are available with him, calculating the amount of tax on the income so estimated in accordance with the provisions of the indian income-tax act, 1922, or the 1961 act and specifying the amount that will be required to satisfy any existing liability under the 1961 .....

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Oct 01 1973 (HC)

Commissioner of Wealth-tax, Gujarat Ii Vs. Arvind Narottam

Court : Gujarat

Decided on : Oct-01-1973

Reported in : [1976]102ITR232(Guj)

..... be advanced under clause 8. these very clauses have come up for consideration before a division bench of this high court on a reference under the income-tax act in commissioner of income-tax v. arvind narottam. while construing these very clauses, viz., 7 (a) and (b), this is what bhagwati c. j. (as he ..... revenue on the fact of the respondent-assessee being the sole beneficiary is not well-founded. 10. in b. p. mahalaxmiwala v. commissioner of income-tax, the court was concerned with a trust created by one p. d. mahalaxmiwala under the provisions of which the trustees were to pay to ..... of section 21, as the case may be, and qua the income of the corpus of the trust estate where the shares of the beneficiaries are indeterminate and unknown, the assessment should be made under section 21(4) of the wealth-tax act. this decision is not applicable to the facts of the present ..... income from the properties of the trust had to be divided amongst her children who survived her in equal parts and after the death of each child the proportionate portion of the corpus was to be divided per stripes. the wealth-tax officer, in that case, assessed the trustees under section 21(4) of the wealth-tax act ..... (2) of the said act. in padmavati jaykrishna trust v. commissioner of wealth-tax, the division bench constisting of shelat c. j. and bhagwati j. (as they then were) was concerned with a trust deed of one mahalaxmibai, the widow of harivallabhdas kalidas, whereunder the income from the trust properties was .....

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Nov 06 1973 (HC)

Commissioner of Wealth-tax, Gujarat I Vs. Harshadlal Manilal

Court : Gujarat

Decided on : Nov-06-1973

Reported in : [1974]97ITR86(Guj)

..... that there need not be more than one male member to form a hindu undivided family as a taxable entity under the income-tax act. the expression 'hindu undivided family' in the income-tax act is used in the sense in which a hindu joint family is understood under the personal law of the hindus. under ..... the hindu system of law a joint family may consist of a single male member and widows of deceased male members, and the income-tax act does not indicate that a hindu undivided family as an assessable entity must consist of at least two make members. the supreme court pointed out ..... buddanna's case, n. v. narendranath's case and the case which came up before the gujarat high court in bharatkumar chinubhai v. commissioner of income-tax, each of the three cases fell in the second category, namely, where property which had already been impressed with the character of joint family property ..... not justified and particularly the criticism of the privy council in kalyanji vithaldas's case of the decision of the bombay high court in commissioner of income-tax v. gomedalli lakshminarayan, was not justified on the facts of the case. at page 300, shah j., as he then was, delivering the ..... on behalf of the revenue, mr. kaji has relied upon certain observations of their lordships of the privy council in kalyanji vithaldas v. commissioner of income-tax. it was contended before us that in kalyanji vithaldas's case, the facts were that there was a partnership firm and the partners were governed by .....

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Nov 28 1973 (HC)

Additional Commissioner of Income-tax, Gujarat Vs. Cloth Traders (P.) ...

Court : Gujarat

Decided on : Nov-28-1973

Reported in : [1974]97ITR140(Guj)

..... with reference to the different stages of this legislative history. 20. the earliest stage at which a deduction of this character was contemplated was in the year 1933 when the income-tax act of 1922 was in force. on 9th december, 1933, the governor-general in council issued a notification no. 47 giving a deduction of this type. the relevant portion of this ..... for our opinion : 'whether, on the facts and in the circumstances of the case, the assessee is entitled to relief under section 85a of the income-tax act, 1961, in respect of the entire amount of the dividend income without deduction of interest paid on borrowings for acquiring the shares ?' 3. the question involved in this reference is purely one of law and relates ..... received within the territories of the state of travancore-cochin and is not brought into any interest shall, however, be included in the total income of the assessee for the purposes of section 16 of the indian income-tax act, 1922.....' 26. the assessee in that case before the supreme court had received a sum of rs. 44,720 towards interest in respect of ..... . the supreme court negatived this contention and held that the notification was a self-contained one giving total exemption from income-tax and, therefore, there was no scope for construing the provisions of the notification with reference to section 8 of the income-tax act. the bombay high court while deciding the case of industrial investment trust co. ltd., relied upon this decision of the .....

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Nov 14 1973 (HC)

Ambalal Maganlal Vs. Union of India and anr.

Court : Gujarat

Decided on : Nov-14-1973

Reported in : [1975]98ITR237(Guj)

..... fall under either of the entries 82 or 86 of list i and resort cannot be had for the propose of enacting the impugned section 2(14)(iii) of the income-tax act, 1961, to the residuary entry 97 of list i. (3) the classification made by section 2(14)(iii) read with section 46 and section 47(viii) is irrational and is ..... the constitution includes a capital gain. the supreme court there held that the indian income-tax act, 1922, and the excess profits tax (amendment) act which amended the income-tax act by enlarging the definition of the term 'income' in section 2(6c) so as to include capital gain and adding a new head of income in section 6 and inserting the new section 12b relating to capital gains was ..... april 1, 1970, that one has to consider the submissions made regarding the legislative competence of parliament to enact section 2(14)(iii) of the income-tax act, 1961. 10. the supreme court has pointed out in second gift-tax officer, mangalore v. d.h. nazareth : [1970]76itr713(sc) , the scheme of the three lists in the seventh schedule, and has repelled the argument ..... of the 1970, agricultural land in india was not included in the words 'capital assets' as defined by section 2(14) of the income-tax act, 1961. but, as a result of the amendment by act 19 of 1970, land situated in any area which is comprised within the jurisdiction of a municipality (whether known as a municipality, municipal corporation, notified area committee, town .....

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Sep 17 1973 (HC)

Sayaji Iron and Engineering Works Pvt. Ltd. Vs. Commissioner of Income ...

Court : Gujarat

Decided on : Sep-17-1973

Reported in : [1974]96ITR240(Guj)

..... that case, for purposes of scientific research to be carried out by the principal parent-company, ciba, basle, was admissible as deduction under sections 10(2)(xv) of the indian income-tax act, 1922. the parent-company, ciba basle ltd., was engaged in the development, manufacture and sale of medicinal and pharmaceutical preparations and it carried on business in india of selling its ..... pre-requisite to the commencement or continuance of the business, the expenditure would be a capital expenditure.' 8. the allahabad high court in motor sales, lucknow v. commissioner of income-tax, was also concerned with a similar question, where the assessee-company was obliged to maintain at its own expense an organisation for the sale of the vehicles and this included ..... who were the agents of m/s. veb maschinenfabrik and eisengieseerei dessan. the two directors and the production manager went to berlin in accordance with the said agreement. before the income-tax officer in the course of assessment proceedings, the assessee-company claimed that the expenditure of rs. 21,232 incurred in connection with the foreign tour of the two directors and ..... to the terms and conditions of the contract, which was ultimately not acted upon by the consent of the parties thereto, there was no transfer of property intended, nor conferment of rights or benefits of permanent endurance on the assessee-company herein and, therefore, on the ratio of commissioner of income-tax v. ciba of indian ltd., even if it is held that .....

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Jun 20 1973 (HC)

Shah Purshottamdas Ghelabhai Vs. Commissioner of Income-tax, Gujarat-i

Court : Gujarat

Decided on : Jun-20-1973

Reported in : [1974]96ITR443(Guj)

..... with an individual member of the coparcenary quoad his separate property. it was also held by the privy council in sundar singh majithia v. commissioner of income-tax, that there was nothing in the income-tax act to prohibit the members of a joint hindu family from dividing some properties, while electing to retain their joint status, and carrying on business as partners ..... on business in cotton textiles, relates to assessment years 1957-58 to 1961-62. the assessee-firm was initially registered for the purpose of assessment to income-tax under section 26a of the indian income-tax act, 1922, in assessment year 1057-58 and the registration was thereafter renewed from year to year up to assessment year 1961-62. the registration was, however ..... the profit or loose of the partnership. an application was made by the partnership firm for registration under section 26a of the income-tax act. the application was rejected by the income-tax officer and he brought to tax the whole of the income from the business in the hands of the hindu undivided family. on appeal, the appellate assistant commissioner held that there was ..... course an application was made on behalf of the partnership firm for registration of the firm for the purpose of assessment to income-tax. by an order dated november 15, 1957, made by the income-tax officer under section 26a of the indian income-tax act, 1922, the firm was granted registration initially for the assessment year 1957-58. as stated earlier, the registration was, .....

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Sep 12 1973 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Nanalal Tribhovandas and an ...

Court : Gujarat

Decided on : Sep-12-1973

Reported in : [1975]100ITR734(Guj)

..... hence the very same two questions have been referred to us in kalidas nanalal's case also to this high court. 5. under section 34 (1) of the indian income-tax act, 1922, if the income-tax officer has reason to believe as set out in clause (a), or has information in his possession as set out in clause (b), he may in cases falling ..... the three years 1945-46, 1946-47 and 1947-48. he, therefore, issued notices under section 34 of the indian income-tax act, 1922 (hereinafter referred to as 'the act')' for all these three years. these notices were sent and issued by the income-tax officer for all the three years. they were issued on march 10, 1954, but they were actually served on the assessee ..... assessment, to issue directions. but it is unthinkable that a direction can be made in the exercise of the powers under section 31 of the act which goes to the extent of conferring jurisdiction upon the income-tax officer if he is not lawfully seized of jurisdiction. to our minds, the direction issued by the appellate assistant commissioner travels far beyond the scope ..... . in view of these conclusions we are not referring to the authorities relied upon by mr. kaji in support of his contention that the income-tax officer, after the order of remand of september 12, 1959, could only act within the four corners of the order passed by the appellate assistant commissioner on september 12, 1959. the three authorities which mr. kaji relied .....

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Dec 07 1973 (HC)

Addl. Commissioner of Income-tax, Gujarat Vs. Moolchand Jaikishandas a ...

Court : Gujarat

Decided on : Dec-07-1973

Reported in : [1977]108ITR500(Guj)

..... to the employees was allowable as a deduction but we hold that it was allowable under section 36(1)(ii) of the income-tax act, 1961, and not under section 37 of the income-tax act, 1961. we, therefore, answer the question in favour of the assessee but holding at the same time that it was ..... laxmandas sejram's case : [1964]54itr763(guj) , it is open to us to so decide under the advisory jurisdiction conferred upon us by the income-tax act, 1961. we, therefore, hold that though the tribunal has come to the conclusion that the amount of commission was allowable as a deduction under section 37 ..... (iv) the commission paid was also reasonable in the facts and circumstances of the case; and (v) the claim was allowable under section 37 of the income-tax act 1961. 8. thereafter, at the instance of the revenue, the question hereinabove set out has been referred to us for our opinion. 9. before proceeding ..... be incurred for the purpose of business which the assessee was carrying on and it held that the claim was allowable under section 37 of the income-tax act, 1961. the tribunal also observed that the question of general practice was neveraised by the revenue authorities and on the other hand the findings ..... case, the tribunal was right in holding that the payment of commission paid to the employees of the respondent is allowable under section 37 of the income-tax act, 1961 ?'2. the assessee is a registered firm and the relevant assessment years are 1963-64 and 1964-65. the assessee-firm carries on .....

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Dec 17 1973 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Shree Jari Merchants Associ ...

Court : Gujarat

Decided on : Dec-17-1973

Reported in : [1977]106ITR542(Guj)

..... work for the common good of its members and for preservation of the business interest of jari industry. section 28(iii) of the income-tax act, 1961, brings to tax under the head of 'profits and gains of business or profession' the income derived by such association from specific service performed for their members. but, during the accounting periods the assessee-association has not performed ..... a body corporate and a legal person. even if it was not so registered, for the purpose of the income-tax acts, it would be a 'person'. the word 'income' is given an inclusive definition both in the act of 1922 and in the act of 1961. this definition, being not exhaustive is not capable of supplying proper criteria for judging whether a particular item ..... members does not amount to a receipt of business profits or gains, it is not correct to say that the said receipt is not 'income' or that the same would not be taxable under the provision of the income-tax acts of 1922 and 1961. 27. judicial decisions pronounced in 'club cases' fall into two categories. the first category consists of those cases ..... the contention of shri patel was that the since section 28, clause (iii), contemplates tax on income derived by a trade association from specific services performed for its members, we should hold that income derived by such trade association from other sources was not intended to be taxed under the income-tax acts of 1922 and 1961. according to shri patel, since section 28 contemplates a charge .....

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