Court : Kolkata
Decided on : Dec-24-1959
Reported in : AIR1960Cal360,39ITR751(Cal)
..... to pay in advance a sum of rs. 11,00,494/- as tax payable in respect of the assessment year 1948-49 under section 18a(1) of the indian income tax act. the assessee submitted under section 18a(6) its own estimate of the tax and on the basis of such estimate paid a sum of rs. 4 ..... ,47, 125/-. the assessment for the assessment year 1948-49 was made on 29-4-1950 and as the tax paid by the assessee ..... which all assessees are exposed whether they do business or not. on this part of the argument mr. mitra strongly relied upon the decision of badridas daga v. commissioner of income-tax, : 34itr10(sc) . having regard to the principles enunciated by venkatarama aiyar, j., at p. 696 (of scr) : (at p. 786 of air) ..... year 1951-52 the assessee claimed that the sum of rs. 92,501-12-0 was an allowable deduction in arriving at its taxable profits. the income-tax officer disallowed the claim without assigning any reason. on appeal the appellate assistant commissioner confirmed the disallowance and held that the deduction was not permissible under sections ..... the assessee was incidental to its character as taxpayer. the assessee as taxpayer was liable to make the advance payment of tax. the tax to be paid in advance was in respect of all income of the assessee to which) section 18a(1) applies and not merely in respect of the profits and gains of .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-26-1959
Reported in : AIR1960Cal492,40ITR163(Cal)
..... in respect of lands in madhya pradesh, which were utilised for the growing, collecting and selling of tendu leaves. it was a reference under section 66(2) of the indian income-tax act, as it then stood. it appears that the court called upon the commissioner to have a supplementary statement of the case prepared, so as to answer certain questions formulated by ..... directed. before i proceed further, i might mention that the question as to whether a change of law amounted to information received upon which the income-tax officer could proceed under section 34(1) (b) of the income-tax act. was a vexed question, there being different decisions in different high courts. the matter however, has now been finally settted by a decision of the ..... the extent to which the profit from tendu leaves can be ascribed to the process of pruning the tendu leaves, it wa,s an agricultural income within the meaning of section 3(1) of the indian income-tax act. since it is not definite to what extent pruning has been resorted to. an estimated amount equivalent to 50 p.c. of the total profit ..... order to reopen the assessment of the year 1953-54 under section 34(1) (b) of the income tax act, the pre-condition was that the incorne-tax officer had, in consequence of information in his possession, reason to beiievc that income, profits or gains chargeable to income-tax had escaped assessment for any year etc. his argument is that so far as the assessment in. 1934 .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-22-1959
Reported in : AIR1960Cal323,42ITR661(Cal)
..... income-tax act, 1948. the language used in section 41 of the indian income-tax act is very different from that used in section 11 of the u. p. agricultural income-tax act, 1948. though a trustee may not hold trust properties on behalf of the beneficiaries, he may be entitled ..... on their behalf. in' my judgment the ratio of that decision has no application to the present case. it should be borne in mind that section 41 of the indian income-tax act by its express language distinctly applies to the case of a trustee whereas there were no express words to that effect in section 11(1) of the u.p. agricultural ..... relating to the assessment years 1945-46, 1947-48 and 1948-49. on the application of theassessee the tribunal has made two references under section 66(1) of the indian income tax act of the following question of law arising out of those two orders:'whether on the facts and in the circumstances of this case and on a true construction of the ..... 1954 relates to the assessment years 1947-48 and 1948-49. both references arise out of the assessments of one birendra kumar datta in respect of income from house properties under section 9 of the indian income-tax act.2. by a trust deed dated 5-2-1944, birendra conveyed to himself and his mother sudhamukhi as trustees the house and premises nos. 8 .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-27-1959
Reported in : AIR1960Cal433,40ITR155(Cal)
..... strongly relied upon by the learned standing counsel and which was as follows:'the question as presented to us, turned on the true construction of section 44 of the indian income tax act. that section speaks of a case where any business or profession or vocation carried on by a firm or association of persons has been discontinued and of a case where ..... of powers under sub-section (7a) of section 5 of the indian income tax act, 1922 (hereinafter referred to as the 'act') transferred the pending income-tax case in respect of the bombay and calcutta files to the file of the income tax officer (central) circle ii, calcutta. by a letter dated 13-10-1955, the income tax officer (central) circle ii, calcutta upon the ex-partners of the said ..... partners of a firm is called the 'dissolution of the firm'. the word 'discontinuance' of a firm is not mentioned in the indian partnership act. the word 'discontinuance' has however been used in the body of the indian income tax act, in other places as well. for example, it has been used in section 25(3). it has been held by the judicial committee ..... of the firm) was dissolved on or about 24-2-1950 : and whereas the income of the said firm assessable to income-tax for the assessment year 1949-58 has been under-assessed; and whereas i propose to reassess the said income; and whereas under section 44 of the indian income tax act, 1922, you the said shivram poddar , and ramnarain ojha (deceased) 33. netaji subhas road .....Tag this Judgment!
Court : Kolkata
Decided on : May-21-1959
Reported in : AIR1959Cal682,63CWN788,38ITR301(Cal)
..... the amount found due. on or about 30th november, 1954 the case of the petitioner firm was transferred under section 5 (7a) of the indian income-tax act to the income-tax officer, central circle vi, calcutta, being respondent no. 1 in this application. on or about 21st march, 1956 the respondent no. 1 issued ..... as follows ; -- 'i say that for the reasons recorded by me as required by first proviso to section 34 (1a) of the indian income-tax act and on which the central board of revenue expressed its satisfaction that the present case was a fit case for the issue of a notice under section ..... central board of revenue was satisfied that the present case was a fit case for issue of notice under section 34(1a) of the income-tax act. a copy of the relevant memorandum regarding the satisfaction of the central board of revenue dated 9-3-1956 is annexed to the affidavit ..... proceedings initiated by the said notices under section 34 (1a), on the ground that section 5 (7a) and section 34 (1a) of the indian income-tax act were ultra vires of the constitution, particularly articles 14 and 19 thereof. thereupon this court issued a rule and granted an interim stay of proceedings. the ..... any stage prior to his compliance, with the notice under section 24(4) and section 23(2) of the indian income-tax act would be highly detrimental to the interests of the income-tax department and will completely frustrate the very object underlying the initiation of proceedings under the aforesaid impugned notices. (4) .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-11-1959
Reported in : AIR1959Cal697,64CWN963,38ITR316(Cal)
..... with, it cannot be denied that a hindu female cannot be a co-parcener under the hindu law. but, for the purpose of the indian income tax act, we are not concerned with the hindu co-parcenary, as has been clearly pointed out by the judicial committee. what we are concerned with is ..... not be treated as equivalent to a 'hindu co-parcenary'. it was further held that in a hindu undivided family as recognised by the indian income tax act, a female can be a member. the judicial committee expressly stated that they did not agree with the notion that a hindu joint family ..... order dated 26th september, 1957 the commissioner, presidency division, dismissed the appeal. on 30th may, 1958 the assessment was revised under section 35 of the indian income tax. act. the revised assessment is ex. 'i' to the petition. on the 4th october, 1958 the petitioner was served with a warning notice by the certificate ..... of a 'hindu undivided family' and that of a 'hindu co-parcenary' should not be mixed up together for the purposes of the indian income tax act. under the said act, it is the hindu undivided family which forms a unit of assessment. according to the madras and orissa view, a female, not being ..... of the assessments for the years 1948-49 to 1951-52, similar assessments were made. the assessments under section 34 of the indian income tax act (hereinafter referred to as the 'act') for the assessment years 1946-47 and 1947-48 were also made in the name of 'sushila devi rampuria representing the said .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-20-1959
Reported in : AIR1959Cal444,37ITR101(Cal)
..... in question, the impugned statute is found wanting.4. the question that has first to be answered, therefore, is what is the object sought to the achieved by the finance act of 1951 as read with the income-tax act? according to dr. pal the object is the taking of property without payment of compensation: and he argues that differences in ..... is from an order dismissing an application under article 226 of the constitution by which the appellants wanted relief against the assessment order made against them for income-tax and super tax, is whether the finance act of 1951 was ultra vires the constitution of india by reason of contravention of article 14 of the constitution in so far as it provides for a ..... income between different groups have no rational connection with this object. even if one accepts as correct the rather bald statement of the object of the legislation as the taking of ..... graduated scale of income-tax, the rate of tax rising with the rise in income. as far as we are aware, such an objection against this graduation in the rate of income-tax has .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-09-1959
Reported in : 43ITR599(Cal)
..... :'whether, on the facts and circumstances of the case, the sum of rs. 2,59,399 satisfied the requirements of section 4(3)(vii) of the income-tax act, being of a casual and non-recurring nature and not being receipts arising from business ?'on hearing dr. pal in support of the application under section 66( ..... and earned in the usual course of the business of the assessee. the present reference in one under section 66(1) of the income-tax act and the question that has been referred to his court by the tribunal is;'whether there was any material to hold that the assessee was carrying on ..... be made to the decision of the supreme court in the case of new jehangir vakil mills ltd. v. commissioner of income-tax, that in a reference under section 66(1) of the income-tax act this court is not entitled to answer any question which does not arise out of the order of the tribunal and on ..... the tribunal, it appears to me that the substantial question is whether it comes within the exemption of section 4(3)(vii) of the income-tax act. under that section, again, the question is of a two-fold character whether the amount is of the nature of capital gains or whether it is ..... non-recurring nature and as such it was exempt from assessment under the provisions of section 4(3)(vii) of the income-tax act. the appellate tribunal overruled both these contentions and held that the income was not in the nature of appreciation of capital and it further held that the amount was a profit incidental to .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-23-1959
Reported in : 36ITR449(Cal)
..... or agreement privately arrived at between the petitioner and baddley can affect or alter or modify the statutory liability of the petitioner under section 18(2) of the indian income-tax act to deduct tax at the appropriate rate from the payments made to baddley.as no other point was urged before me, this petition must fail. the rule is, therefore, discharged. interim order ..... for a commission paid to baddley. the responsibility was of the company to deduct it. in fact, the petitioner company in the annual returns under section 21 of the indian income-tax act submitted in form i.t. 4 expressly showed the salary and the commission as heads for assessment. it is, therefore, clear that the petitioner company was fully aware that the ..... to pay and the principal officer should be the person who should be named. the court repelled that argument by holding that the work 'person' in section 18 of the income-tax act included the company. i do not think that case at all helps the petitioners present argument before me.the whole dispute really centers round the ..... , m/s. john patterson and co. (1) ltd. (a/c r. w. baddley)' and was, therefore, bad under section 18(9) of the indian income-tax act, which provided that 'every person deducting income-tax..... shall at the time of payment of the sum from which tax has been deducted furnish to the person to whom such payment is made a certificate to the effect that .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-12-1959
Reported in : AIR1960Cal159,64CWN1
..... . a. v. visvanatha sastri, : 26itr713(sc) . in the first case the supreme court alter holding that both section 34 of the indian income-tax act, 1922, and sub-section (4) of section 5 of the taxation on income (investigation commission) act, 1947, deal with all persons who have similar characteristics and similar properties went on to consider whether the procedure prescribed by the taxation ..... 14 of the constitution and was therefore void and unenforceable. when by an amendment of section 34 of the indian income-tax act the cases of the persons who originally fell within the ambit of section 5(1) of taxation on income (investigation commission) act, 1947, and who before this amendment could be said to have formed a distinct class, became liable to be dealt ..... on income (investigation commission) act was substantially more prejudicial and more drastic to the assessee under the procedure of the income-tax act. having decided that the procedure prescribed by the taxation on income (investigation commission) act, 1947, was substantially more prejudicial or more drastic to the assessee than the procedure of .....Tag this Judgment!