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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1957 Page 1 of about 51 results (0.029 seconds)

Aug 29 1957 (HC)

Royal Calcutta Turf Club Vs. Commissioner of Income-tax, West Bengal, ...

Court : Kolkata

Decided on : Aug-29-1957

Reported in : AIR1958Cal166,[1958]33ITR616(Cal)

..... sum of rs. 62.818/-, spent by it on the school, should be allowed as a deduction under section 10(2) (xv) of the income-tax act. in other words. it claimed that the amount was expenditure, not in the nature of capital expenditure and that it had been laid out or expended ..... and exclusively laid out for the purposes of the company's trade and, therefore, an admissible deduction in the computation of its profits for income-tax purpose. in the present case too the club incurred expenses in founding and keeping a school as a measure of protection against an apprehended decline ..... the authorities, the club asked for a reference of the question to this court and by a single reference in respect of both the income-tax and the business profits tax assessments, the following question was referred: --'whether in the facts and circumstances of this case, the appellate tribunal was right in holding ..... not, therefore, be the proper objective of any proper business expenditure. a third ground for rejecting the club's claim was also given. the income-tax officer held that even assuming that the indirect benefit which the club might derive from the keeping of its school could be a proper objective of ..... which the expenditure had been made was totally outside the proper purposes of the club's business, no other question could obviously arise but the income-tax officer also held that even assuming that the club might derive a benefit from the keeping of the school, because trained riders, passing out of .....

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Jul 26 1957 (HC)

Commissioner of Income-tax, West Bengal Vs. P.K. Das

Court : Kolkata

Decided on : Jul-26-1957

Reported in : AIR1958Cal51,[1958]34ITR729(Cal)

..... chakravartti, c.j. 1. this is a reference under section 66 (1) of the indian income-tax act, by which the income-tax appellate tribunal has referred to this court a short question of a familiar shape. the question asks whether certain payments received by a director of a company of chief agents ..... reference and has not been represented before us at the hearing. probably, the reason is to be found in clause 3 (b) of the agreement which states that if any income-tax is levied on any of the payments provided for in the agreement, the same will be borne by the assurance company. 11. in the letter of the 26th of june ..... approach is not by any means to solve the difficulty. broadly stated, a principle which i think may safely be acted on is the principle which i ventured to state in the case of national cement mines industries ltd. v. commissioner of income-tax, west bengal, : [1956]29itr629(cal) . you have to consider the look of the thing and having taken notice of ..... in the hands of the director or were capital receipts. the tribunal have held that the sums were capital receipts. the commissioner of income-tax, being dissatisfied, has brought up the question before us for an expression of the court's opinion. 2. the reference relates to two assessment years, namely, 1950-51 and 1951- .....

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Aug 06 1957 (HC)

Sri Mahaliram Santhalia Vs. Commissioner of Income-tax, (Central) Calc ...

Court : Kolkata

Decided on : Aug-06-1957

Reported in : AIR1958Cal394

..... . in my view, the contention of the assessee carries its own refutation and was rightly rejected.14. i think also that the second proviso to section 30(1) of the income-tax act is not altogether without some bearing on the present question. that proviso reads as follows:--'provided further that where the partners of a firm are individually assessable on their shares ..... him was obviously not in accordance with that case. the apportionment of which mahaliram santhalia had good reason to complain, if his case be what was represented be fore the income-tax authorities. the proviso which i have just read says that, in those circumstances, mahaliram santhalia would be entitled to raise the question of the apportionment in an appeal from the ..... that radhakissen santhalia, being itself a firm, could not possibly be a partner of the benares steel rolling mills. the contention of the assessee, therefore, was not only that the income-tax authorities should accept something as a fact, although quite the contrary was represented by the assessee himself, but also that they should accept a position which was plainly opposed to ..... accepted the commissioner's contention and they have referred to this court a single question which is phrased more or less like the draft question submitted by the commissioner of income-tax. the question referred reads as follows:'whether on the facts and in the circumstances of this case the entire share of profitsfrom benares steel rolling mills can be included in .....

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Jul 29 1957 (HC)

Sushil Chandra Ghose Vs. Income-tax Officer, District V. and ors.

Court : Kolkata

Decided on : Jul-29-1957

Reported in : AIR1958Cal159,[1959]35ITR379(Cal)

..... give a notice under section 46 (5-a). in this particular case the demand is against the same assessee for two assessment years, and i cannot see anything in the income-tax act which precludes the giving of any such compound notice under section 46 (5-a).8. the third application, namely, matter no. 190 of 1956 deals with a purported amendment of ..... did not bring his mind to bear upon it, and consequently the assessment is not his assessment and not made according to law. firstly, the very premises are wrong. the income-tax act and the rules require that the assessment order together with the computation in a particular form be served upon the assessee. in this form, in which it is served on ..... the notice of demand. in my view, plausible as this argument seems, there is little substance in it. as is well known, the term 'assessment' has been used in the income-tax act in various senses. from one point of view, an assessment may culminate in the order of assessment, whereas from another point of view, and for another purpose, it will culminate ..... regard to the assessment which had been made, he has paid the amount which i am told is rs. 10,107-7-0. under section 2(11) of the income-tax act (hereinafter called the 'act'), the words 'previous year' have been defined. the relevant part of the definition is as follows : ''(11). 'previous year' means. (i) in respect of any separate source of .....

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Aug 21 1957 (HC)

Commissioner of Agricultural Income-tax, West Bengal Vs. Manmatha Nath ...

Court : Kolkata

Decided on : Aug-21-1957

Reported in : AIR1958Cal192,[1958]34ITR567(Cal)

..... rs. 18/- per maund.3. under section 7 of the bengal agricultural income-tax act, tax was payable by the assessee in respect of his agricultural income of 1,836 maunds of paddy received by him during the year 1358 b. s. the act, however, does not know of income in kind. it has provided in column vii of schedule b to the ..... chakravartti c. j. 1. this reference under section 63(1) of the bengal agricultural income-tax act involves one aspect of a point which has many aspects and some of which are pending examination in other references made to this court. the ..... case and in view of the mandatory provisions of rule 4 (2) (a) of the bengal agricultural income-tax rules 1944, the appellate tribunal was justified in valuing 1,651 maunds, 20 seers of paddy (harvested in the accounting year 1358 b. s. but seized and ..... /- per maund, whereas the value of the balance of 185 maunds should be computed at the rate of rs. 18/- per maund. the commissioner of agricultural income-tax was not satisfied with that decision and he has caused the following question to be referred to this court:'whether in the facts and in the circumstances of the ..... which the price has descended or at which he was paid that the value of his income, though it was the income of the previous year, must be computed. it is elementary that, in any assessment of income-tax, when the quantum of the income for any accounting year is to be determined, it is the value of the receipt .....

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Sep 04 1957 (HC)

Commissioner of Income-tax, West Bengal, Calcutta Vs. Govindalal Dutta

Court : Kolkata

Decided on : Sep-04-1957

Reported in : AIR1958Cal195,[1958]33ITR630(Cal)

..... not contemplated by section 22 (1). dealing with the identical question with reference to the corresponding sections of the bengal agricultural income-tax act, i had occasion to explain the true meaning of section 22 (3) in the case of commr. of agricultural income-tax v. sultan ali gharami : [1951]20itr432(cal) . i see no reason to modify the view which i then expressed.8 ..... ), if he had suffered, a loss, but it is clear that he had even no right to report his loss to the income-tax officer by filing a return. the view of the appellate tribunal that section 22 (3) of the act provides for the filing of a voluntary return, showing loss, at any time before the assessment is made, appears to me ..... applied, has now been removed by a change in the definition, whereby not only a person by whom income-tax is payable under the act, but also every person in respect of whom any proceeding has been taken for the assessment of either his income or the loss sustained by him has been brought within the ambit of the definition.14. a greater difficulty ..... view they were taking had the support of the decision in harakchand makanji & co. v. commr. of income-tax, bombay city : [1948]16itr119(bom) . in the statement of the case, they have given a further reason and said that section 22 (3) of the act provides for the submission at any time before the assessment of a return which is not a return .....

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Aug 21 1957 (HC)

Sukumar Mukherjee Vs. Commissioner of Income-tax, Calcutta

Court : Kolkata

Decided on : Aug-21-1957

Reported in : AIR1958Cal306,[1958]33ITR231(Cal)

..... for the court's opinion is a perfectly plain question. what it asks is this : if a person, in the course of his assessment under section 24b (2) of the income-tax act as the legal representative of a deceased person, commits one or other of the faults or defaults mentioned in section 23, is a proceeding under that section maintainable against him ..... sukumar mukherjee preferred, he, for the first time, raised the question of law which falls to be decided in this reference. he submitted that the income-tax officer had misapplied sections 28 and 24b of the income-tax act in holding him liable for a penalty in respect of inaccuracies in a return filed by him as the legal representative of his father. according to ..... by sri sukumar mukherjee did not find favour with the appellate assistant commissioner. he held that section 24b (2) of the income-tax act, which was the section applicable to the case, provided that the income-tax officer might proceed to assess the total income of the deceased person as if the 'legal representative were the assessee'. the implication of that provision, according to the appellate ..... son of the name of sri sukumar mukherjee. thereafter, on the 11th of september, 1943, the income-tax officer issued a notice under section 22(2) of the income-tax act addressed to the proprietor, mill stores and belting company and requiring him to submit a return of his income for the accounting year 1942, relative to the assessment year 1943-44. the notice was served .....

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Mar 21 1957 (HC)

S.K. Dutt, Income-tax Officer and anr. Vs. Anglo-India Jute Mills Co. ...

Court : Kolkata

Decided on : Mar-21-1957

Reported in : AIR1957Cal514,[1958]33ITR866(Cal)

..... it was made absolute. sinha j., directed the issue of a writ in the nature of certiorari, quashing and setting aside the notice under section 46(5-a) of the income-tax act issued by the respondents on 10-3-1954 and the notice dated 15-3-1955, exhibits a and e to the petition, ,and also a writ of mandamus and prohibition ..... regards the order made by the learned judge, there seems to have been little point in his quashing the notice made under section 46(5-a), income-tax act, because, since his letter of 15-3-1955, the income-tax officei; was no longer pursuing his demand under that section. the demand which he initiated by his letter of 15-3-1955 and which he ..... , but put forward the view that what section 18(3-a) contemplated was not the notional residence of the payee under the definition, as contained in the income-tax act, but his or its physical residence which, in the case of a company, would be determined by the location of its registered office. on that view, it was added that ..... be some money owing from the respondent company to the clive investment trust company limited. accordingly, on 10-3-1954, the income-tax officer, companies district ii, calcutta, issued a notice to the respondent company under section 46 (5-a), income-tax act, and by that notice required the respondent company to pay him forthwith any amount due from it or held by it for .....

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Jun 13 1957 (HC)

Burmah Oil Co. Ltd. Vs. Income-tax Appellate Tribunal, Calcutta Bench ...

Court : Kolkata

Decided on : Jun-13-1957

Reported in : AIR1957Cal591,61CWN758,[1958]33ITR794(Cal)

..... used, but it does not expressly refer to appeals against orders mentioned in section 30. section 49-a is as much a part of the indian income-tax act, as section 30. section 49-a read with the rules, provides for an appeal to the appellate assistant commissioner, in the same way as an ..... preliminary point, namely, that the petitioner had an alternative legal remedy of making an application for a reference under section 66 (1) of the indian income-tax act and as it has never filed an application to draw up a statement of case for reference, the application here is barred. the second point ..... that the question as to want of jurisdiction of the appellate tribunal should also be referred.the reference is under section 66 (1) of the indian income-tax act, and according to rules made there under, an application asking for a reference has to be made in a particular form prescribed, with a deposit ..... by its order dated march 13, 1956 the appellate tribunal overruled the preliminary objection and held that an appeal lay under section 33 of the indian income-tax act, but on the merits it allowed the petitioner's claim, holding that it had not been barred by limitation and relief should have been granted. ..... the petitioner filed appeals under the provisions of rules 6 and 7 of the rules framed in exercise of powers conferred by section 49-a of the indian income-tax act. these rules were made under notification no. 50 dated 25th september, 1948. the relevant rules are rules 5, 6 and 7 which are set out .....

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Dec 11 1957 (HC)

Sukhlall Chandanmull Vs. A.C. JaIn and anr.

Court : Kolkata

Decided on : Dec-11-1957

Reported in : AIR1958Cal669

..... the statutory exempted limit which is prescribed differently in different years. he contends that although the indian income-tax acts levy taxes on all incomes of individuals, the annual finance acts charge different rates of income-tax, sur-tax and super-tax on the persons liable to be assessed under the indian income-tax act differently and at rates varying in different years. his argument is that the finance ..... acts, in so far as they impose different rates of tax upon the income of different persons, make an unreasonable classification between ..... petitioner is that in determining the sum payable by him on the basis of the assessment made, the income-tax officer applied the different rates of income-tax, surcharge and super-tax prescribed by the finance act of 1951 as applicable to the finance act, 1954 for the said assessment year. dr. pal appearing for the appellant has challenged the validity of ..... it is said there by the author that the constitutional power to levy a tax upon incomes of larger amounts a higher rate of tax than upon smaller incomes, is a question of very grave importance and that the additional income tax provided by the american tariff act of 1913 known as surtax was in the opinion of a great many american .....

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