Court : Kolkata
Decided on : Sep-26-1961
Reported in : AIR1963Cal598,47ITR247(Cal)
..... mr. iyengar for the assessee. clearly sir varadachariar was expressing a view different from that expressed by chagla, c. j., on section 2 (6c) of the income-tax act.28. mr. mitter for the income-tax commissioner realised the difficulty in the light of these observations. he, however, tried to nullify the rigour of those observations by himself relying on paragraph for at page ..... stated above, we hold that the surplus, miscalled profit, arising to the i assessee company from the miscellaneous insurance transactions of mutual character was not assessable under the indian income-tax act and that, in any event, the assessee was entitled to deduct the reserves within the meaning of section 2 (6c) read with rule 6 of the schedule of the ..... the decision in styles' case, the house of lords emphasised the distinction between 'surplus' and 'profits' and held that 'the surplus was not profit within the meaning of the income-tax acts but merely represented the extent to which the contribution of those participating in the scheme had proved in experience to have been more than was necessary to meet their liabilities ..... profit and loss account after deducting the various reserves should be taxable profits within the meaning of section 2(6c) read with rule 6 of the schedule of the indian income-tax act.3. there were five applications which have been consolidated into one statement of case covering the different assessment years. the tribunal disposed of these applications by the consolidated order .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-28-1961
Reported in : AIR1961Cal578
..... right is not expressly conferred by section 37 (2) of the income-tax-act. section 5 (7) (ii) of the act in describing the income-tax authorities lays down that:'for the purposes of this act, income-tax officer shall be subordinate to the director of inspection, the commissioner of income-tax and the inspecting assistant commissioner of income-tax within whose jurisdiction they perform their functions.''47. therefore, the ..... no. 63/1, in the present case. indeed, i am inclined to think that, for purposes of these authorisation letters under section 37 (2) of the indian income-tax act, physical connection in the shape, inter alia, of inter-communication and mutual access would ordinarily be sufficient for including properties under the same and one authorisation in respect of ..... seized documents, books and papers and for other reliefs, mentioned hereinbefore, under art. 226 of the constitution.93e. broadly, the petitioners contend:(a) that section 37 (2) of the indian income-tax act is invalid and ultra vires, being violativeof (i) article 14 and (ii) article 19(1), clauses (f) and (g) of the constitution, and (b) that, even if ..... v. commr. of police, calcutta, reported in : air1961cal125 .45. i, therefore,, hold that even without right . of representation or right of appeal, section 37 (2) of the income-tax act is saved from the charge of 1 constitutional invalidity on the ground of unreason-able restriction within the meaning of article 19(1) (f))of the constitution.46. but then .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1961
Reported in : AIR1962Cal287,46ITR778(Cal)
..... of a decision of a division bench of this court, dated may 4, 1961, whereby an application under section 66 (2)of the indian income-tax act for calling upon the income-tax appellate tribunal to state a case and refer certain questions of law to this court wassummarily rejected. 2. the petitioner is a hindu undivided family ..... article 135 of the constitution an appeal lies to the supreme court from a decision or order refusing an application under section 66(2) of the indian income tax act. we are, therefore, constrained to take the view that no appeal lies to the supreme court in the facts and circumstances of this case, and, ..... or final order' used in article 133(1) of the constitution does not apply to a decision given by the high court under section 66 of the income-tax act on a reference, and so when a petition is made to the high court arising out of a reference decided by the high court, for leave ..... 135 applies to the case and the petitioner is entitled to ask for leave under that article read with section 66a (2; of the income-tax act, the second argument of mr. khaitan does not call for consideration. i may, however, add that article 133 cannot possibly have any application to an appeal ..... by the tribunal by its order dated july 19. 1960. 5. thereafter an application was made to this court under section 66 (2) of the indian income-tax act, but the said application, as i have already stated, was summarily rejected by a division bench ef this court on may 4, 1961. it is against .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1961
Reported in : 44ITR73(Cal)
..... out of this order, it drew up a statement of case and referred it to the high court under section 66 (1) of the indian income-tax act.section 10 (1) of the indian income-tax act is as follows :'the tax shall be payable by an assessee under the head profits and gains of business, profession or vocation in respect of the profits or gains of ..... wear and tear. current repairs are necessary repairs and which are needed for the maintenance of the building, machinery, plant or furniture mentioned in section 10 (2) (v) of the income-tax act. without attempting to oversimplify matters, it is safe, in my view, to say that 'current repairs' include maintenance repairs, that is, repairs necessary to maintain the building, plant, machinery or ..... nature. therefore, only 10% of the renovation expenses was allowed as current repairs and as such 90% was disallowed.the word 'current repairs' in section 10 (2) (v) of the income-tax act mean first that the expenditure must be on repairs and, secondly, that such repairs must be current repairs. neither for the word 'repair' nor for the expression 'current' can there ..... of the entirety, meaning by the word 'entirety' not necessarily the whole but substantially the whole subject matter. the allahabad high court in ram kishens case observed :'in the indian income-tax act the word repair is further qualified by the word current which would further restrict its meaning to petty repairs, usually carried out periodically and will not include repair or renewal .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-27-1961
Reported in : AIR1962Cal3,[1961(3)FLR391]
..... any power or jurisdiction conferred in that respect by any statutory provision or rules. in other words, there is no provision in the income-tax act or the rules framed thereunder, which enables the commissioner of income-tax, west bengal, to post an income-tax officer within the jurisdiction of the calcutta charge, or to transfer such an officer from one post to another. it must therefore ..... .t.o. before 31-3-54, thereby allowing the assessee to escape assessment for the year 1945-46. the second charge was that when section 34(1-a) of the income-tax act was introduced in 1954, the petitioner, with the object of helping the said narsi purusottam and co. to escape action under the new provisions in respect of 1945-46, alone ..... and ii, with different scales of pay, and even providing that there may be promotion from one grade to another. so far as the income-tax act is concerned, i do not find any provision for appointing commissioners of income-tax of different grades. that, however, must be taken to be an administrative policy. it does, not, however follow, that the grades are synonymous with ..... the central board of revenue, in exercise of powers granted under sub-section. (2) of section 5 or the income-tax act, has specified certain charges, viz., the west bengal charge and the calcutta charge, and the central government has appointed commissioners of income-tax in these charges. in one particular charge, there might be appoint-ed more than one commissioner. but so far as .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-23-1961
Reported in : AIR1962Cal295,66CWN176,46ITR953(Cal)
..... , this appears to me to be a controversial way of looking at things. even if such a construction is proper under the income-tax act which intends to assess income, it cannot be appropriate under the wealth-tax act, which professes to tax wealth. in my opinion, it is sufficient to hold that joint trustees must be taken to be a single unit in law, ..... this provision a trustee was to be considered as holding property on his own behalf and therefore, the assessment should not be made of the income of the beneficiary. both under the indian income-tax act and wealth-tax act, these provisions are enabling and do not prevent assessment being made of the beneficiaries directly. but ii the provisions confer an alternative right, it ..... 'association of persons' cannot he assessed. for this, proposition mr. chaudhury compares section 3, the charging section under the wealth-tax act, with section 3, the charging section under the income-tax act. under the latter act. income-tax is assessable on every individual, hindu undivided family, company and local authority, and on every firm and other association of persons or the partners of the ..... respect of the net wealth on the corresponding valuation date, of every individual hindu undivided family and company. however, as was pointed out by bhagwati, j., under the agricultural income-tax act a 'person' included an individual. a trustee was a 'person'. the learned judge explained the section thus:-'it is to be noted that the primary liability for the .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-07-1961
Reported in : 42ITR753(Cal)
..... wanted to have and without showing that they were entitled to get these documents in view of the provision of section 22 read with section 21(1) of the income-tax act. accordingly the income-tax officer was directed to inspect the documents which were directed to be produced by the enforcement directorate on may 3, 1961, and then to inform the court which documents ..... of a civil court in respect of discovery and inspection of documents and compelling the production of books of account and other documents [vide section 37(1) of the income-tax act] and that the income-tax officer in exercise of his power as a civil court is entitled to issue a letter of request under order xiii, rule 10, of the civil procedure code, and that ..... return the document and books of account as expeditiously as possible to opposite party no. 2 sohan lal sethia, having regard to the provisions of section 37(3) of the income-tax act. if the requirement of the enforcement directorate regarding the 18 sheets mentioned in their application dated april 22, 1961, has been satisfied in the meantime, these 18 sheets will also ..... 1958-59 on the basis of the old documents which were seized by the foreign exchange enforcement directorate. mr. dutta has also referred to section 22(4), proviso, of the income-tax act, which provides that the income-tax officer shall not require the production of any accounts relating to a period more than three years prior to the previous year as defined in the .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-23-1961
Reported in : 44ITR842(Cal)
..... still remain uncultivated and the fact of actual cultivation for the assessment year must be proved by the assessee to bring himself within the meaning of agricultural income under section 2(1) of the income-tax act. nothing has been done by the assessee in that behalf. on the contrary, the facts found showed clearly that no tilling of the soil or ..... grown in his sal forests. he claimed that this income was agricultural income as defined in section 2(1)(b)(i) of the income-tax act. it is also asserted by the assessee that he was assessed to agricultural income-tax on this forest income in 1944-1945 and later on a reference under the bengal agricultural income-tax act, the calcutta high court in the case reported in ..... commissioner of agricultural income-tax v. raja jagadish chandra deo dhabal deb [ ..... of undergrowths are operations which are described in the judgment as subsidiary operations or subsequent operations which by themselves alone would not bring the income within the meaning of agricultural income within the meaning of section 2(1) of the income-tax act. two other decisions of the supreme court which followed this decision are maharajadhiraj sir kameshwar singh v. commissioner of .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-10-1961
Reported in : 44ITR870(Cal)
..... powers as are conferred upon him under section 33a. the only difference between the original section 33 and section 33a which has supplemented that section in the income-tax act, is that a right has now been given under sub-section (2) of section 33a to the assessee to make an application for revision. even ..... to the preliminary point which is well-founded. the question is as to whether an order made by the commissioner in revision under section 33a of the income-tax act is an administrative order or a judicial one. this exact point was dealt with by me in sitalpore colliery concern ltd. v. union of india ..... not see why the detailed reasonings should be given. this is a risk which the assessee takes in exercising his rights under section 33a(2) of the income-tax act. he has an alternative remedy by way of appeal, and if he does not choose to avail himself of a judicial order, he cannot complain that ..... appeal on facts and figures. the error must be an error of law apparent on the face of the record. mr. mitra argues that the income-tax act requires all the detailed computations to be set out in the assessment order. he has not been able to cite any authority to that effect. he ..... registration at the proper time. it is against this order of the commissioner under section 33a of the income-tax act, that this application is directed. the rule that has been issued called upon the commissioner of income-tax to show cause why this order dated 20th january, 1960, should not be quashed by a writ .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-28-1961
Reported in : 44ITR897(Cal)
..... further the intricacies of matrimonial alliance and transfer inter se between husband and wife under section 16(3)(a)(iii) of the income-tax act. the hazards of a married life are many and the income-tax act seems to have added more to the list some of which raise strange and baffling propositions such as considered by the court whether ..... agree to take the said shares subject to the same conditions.'the main argument on behalf of the assessee on section 16(3)(a)(iii) of the income-tax act is that it does not apply because mrs. judith knight was not the wife of mr. thomas when he transferred the shares to her. in other ..... (1) can there be a wife of a joint family under the income-tax act. (see the case reported in narayana & sons v. commissioner of income-tax [a.i.r. 1955 t.c. 30.]); (2) are the attributes of a wife enough to make a woman a ..... the division bench of chagla c.j. and tendolkar j. in that case, the expression, 'revocable' in section 16(1)(c) of the indian income-tax act was held not to be qualified in any manner and it was held that the section did not speak of any absolute or unqualified power of revocation ..... that even if it could be assumed that natural love and affection amounted to consideration within the meaning of section 16(3)(a)(iii) of the income-tax act, it could not come under the words 'adequate consideration' within the meaning of that section. these reasons will be found in the judgment of the .....Tag this Judgment!