Court : Kolkata
Decided on : Sep-12-1963
Reported in : 75ITR162(Cal)
..... , the learned counsel appearing for the assessee, contends that, although the interest income was all along shown up to 1944-45 as the income of the son, it was treated as the income of the father under section 16(3) and ..... sen, j.1. this is a reference under section 66(1) of the income-tax act,1922, hereinafter referred to as ' the act '. the facts as appearing in thethe case are as follows:the assessee, kamal singh rampuria, was born in december, 1935. his mother died within ..... the ambit of section 34(1)(a) of the act.4. on these facts, the following question of law has arisen for opinion by this court :' whether, on the facts and in the circumstances of the case, the assessment made under section 34(1)(a) of the income-tax act was justified in law?'5. mr. tarun basu ..... 's account, were, however, assessed against the father under section 16(3)(a)(i) of the act. the said hulash chand rampuria was dissatisfied with the order of the income-tax officer in dealing with, the interest income under the aforesaid section in respect of the year 1940-41 and referred this matter to the high court ..... appraised of the decision of the high court. as soon as the decision was passed, the income-tax officer found that the interest income-had escaped assessment and therefore resort to the provisions of section 34(1)(a) of the act was justifiable.9. prima facie this argument made by mr. balai pal appears to be correct. .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-06-1963
Reported in : AIR1965Cal28,58ITR130(Cal)
..... treated as consisting of two separate orders or not. the real point to consider is whether the third restrictions of section 33-b of the indian income-tax-act has been over stepped or not.'this observation shows that whatever was statedi by the two respective learned judges, ramaswami,. j. and misra j. ..... form and the other in dii form were to be filed. according to mr. ghosh, in terms of rule 21 of the rules under the income tax act form b is the residuary form and an appeal of the nature as filed by the assessee before the assistant appellate commissioner was in order. furthermore ..... status of unregistered firm without giving the assessee any opportunity of being heard as laid down in the proviso to section 23 (4) of the income tax act.'2. it will appear from the statement of the case, in which the order of the appellate assistant commissioner has been quoted, that the quantum ..... an appeal against the refusal of registration when the assessment and the refusal are made in the same order under section 23(4) of the income tax act?'the assessee messrs. fuel supply company is a partnership firm carrying on a business in colliery materials tools and other things. the assessment year in ..... 23(4).it runs as follows: ,'in making an assessment on the petitioner firm under sub-section (4) of section 23 of the income-tax act, 1922,' the income-tax officer has refused to register/has cancelled the registration of the firm.'this provision requires that a separate appeal has to be filed, although .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-27-1963
Reported in : AIR1964Cal254,68CWN281,54ITR54(Cal)
..... (at p. 32 of air) where the learned judge observed that--'it will be seen that this was not an application contemplated by any of the provisions of the indian income-tax act; and it is for this reason that we have termed it a miscellaneous petition.'in fact, there the original assessment had become final and no appeal had been preferred against ..... fact in arunachalam chettiar's case, : 23itr180(sc) namely that there the whole procedure originated with a miscellaneous application and anded with a miscellaneous order, unknown to the income-tax act.28. mr. meyer, learned counsel for the revenue authorities, looking at the array of authorities against his contention made an attempt to reclassify the tribunal's order to revise in ..... whole process of assessment which may end with his order or may be revised by the higher appellate authorities including the appellate assistant commissioner and the tribunal recognised by the income-tax act. if, therefore, such higher appellate authorities such as the appellate assistant commissioner or the tribunal directs or orders him to do something again with regard to the assessment he ..... ratio decidendi in arunachalam chettiar's case : 23itr180(sc) . that case is clearly distinguishable. in that case there was no appeal under section 33 (1) of the income-tax act. in the present reference there is. that is a fundamental distinction. secondly, in that case there was a 'miscellaneous application' made by the assessee which is not provided for in .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-1963
Reported in : AIR1964Cal391,1964CriLJ285,68CWN516
..... more of the departments of government and for the matter of that to any party. mr. dutt points out that unlike sea customs act, 1878 or foreign exchange regulation act, or even previous income-tax act, the income-tax act, 1961 contains provisions by which. income-tax authorities may themselves conduct searches and effect seizures without invoking the aid of the magistrate's court for issue of search warrant. he ..... to decide, in the circumstances of each case, whether he would make over the documents to any authority. one particular circumstance in the present case is that in the income-tax act, 1961 the income tax authorities have now been given extensive powers to get hold of the documents from the parties directly by exercise of the powers given by sections 131 and 132 of ..... .'9. in reply to this contention of dr. debi pal the learned advocate for the petitioner, mr. dutt, has contended that the powers given to the income tax department under section 131 of the income-tax act, 1981 do not include the power of sending for papers from a court given by order 13 rule 10 of the code of civil procedure. mr. dutt ..... court of the chief presidency magistrate that he will treat the documents as confidential and shall not disclose any particulars in these documents as is provided in section of the income-tax act, 1981. the order of the learned chief presidency magistrate therefore requires modification and for that purpose i set aside the order impugned in this rule. the learned chief presidency .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1963
Reported in : AIR1964Cal399,68CWN84,53ITR717(Cal)
..... in 74 ind app 308 also in (1948) 18 i t r 214 also in . the present section 33a of the income, tax act corresponds to section 33 of the income-tax act as it stood before its amendment in 1941. it may be incidentally mentioned that prior to 1941 no right was given to an ..... direct him to exercise it differently,14. the privy council deals with the nature of the order passed by the commissioner under section 33 of the income-tax act as it then stood while answering the third question, viz., whether the assessee could be denied relief claimed by them under section 33 and observes ..... assessment for the year 1931-12 was nullity in view of the decision of their lordships of the privy council. 2. whether the commissioner of income-tax acted improperly in refusing to exercise the discretion vested in him to cancel the said assessment and to order the repayments of the sums received from ..... privy council expressed their doubt in the tribune trust case as to whether the commissioner in exercising his power under the old section 33 of the income-tax act was competent to set aside an assessment that became final and conclusive.11. now, we may apply our minds to the preliminary objection taken on ..... of the said petition the appellant explained why it was not possible for the appellant either to make an application under section 27 of the indian income-tax act or to prefer an appeal to the appellate assistant commissioner. in paragraph 8 of the said petition it is stated that the appellant is submitting .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1963
Reported in : AIR1965Cal570
..... correctly taken recourse to the machinery of section 41. before the tribunalthe assessees appealed and contended (1) that the deities were not chargeable to tax under section 3 of the income-tax act, (2) that section 41 of the income-tax act did not apply to the facts of the present case because the shebaits were not managers in this case appointed by or under any order ..... enure for the benefit of the public.' 25. a reference to the above provision makes it clear at once that it is not the intention of the income-tax act to give a general tax exemption to income accruing from religions or charitable purpose and that there is at least an explicit attempt to draw a distinction between a 'private religious purpose' and objects ..... that such a disposition is always to be regarded as one for public religious purpose and, therefore, exempt under section 4(3)(i) of the income-tax act; the third question is whether section 41 of the income-tax act can at all be applied to shebaits of a hindu deity.10. as the question asked in this reference specifically raises the applicability of section 41 ..... and discrimination between different religions which would be clearly unconstitutional within the guarantees of the fundamental rights of the constitution. such an interpretation which will make section 41 of the income-tax act un-constitutional should, therefore, be avoided.22. dr. pal made a clever argument on this point by saying that because mutwalis were expressly included the shebaits must be held .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1963
Reported in : 35CompCas143(Cal),55ITR284(Cal)
..... realise it, and obtains a greater price for it than he originally acquired it at, the enhanced price is not profit in the sense of schedule d of the income tax act, 1842, assessable to income tax. but it is equally well established that enhanced values obtained from realisation or conversion of securities may be so assessable, where what is done is not merely a ..... their lordships of the supreme court, in makarajadhiraj sir kameshwar singh v. state of bihar, : 37itr388(sc) , dealt with the scope of section 34 of the income-tax act which is similar to the appropriate provision in the agricultural income-tax act of bihar and have approved of the previous decision of the. supreme court on this point. in bhimraj panna lal v. commissioner of ..... assessment for 1946-47, under section 34 by proceeding under that section as amended in 1948 (2) whether section 31 of the indian income-tax (amendment) act (xxv of 1953) has the effect of making section 34 of the indian income-tax act, 1922, as amended in 1948, retrospective (3) whether the supplementary assessment in this case is barred by limitation (4) whether, in the ..... true disclosure of all the material facts necessary for his assessment within the meaning of section 34(1) of the indian income-tax act, 1922, as amended in 1948 (5) whether, in the circumstances of this case, the information furnished to the income-tax officer by the letter dated 26th october, 1949 (annexure marked ' b '), can be held to be information such as would .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-20-1963
Reported in : AIR1964Cal76,67CWN794,53ITR314(Cal)
..... or enforced in respect of such rights, privileges, liabilities or obligations under the repealed act, as if the repealing act had not been passed. moreover, the income-tax act 1961, repealed the income-tax act, 1922 with certain savings. the savings are to be found in section 297(2) of the income tax act 1961, a material portion from which is quoted hereinbelow:'(2) notwithstanding the repeal of ..... not be a proper interpretation in the context of section 297 of the income-tax act of 1961. he invited my attention to clauses (c), (d) and (e) of section 297(2) and contended that if the words 'proceedings for assessment' in clause ..... in this respect.'15. if the words 'proceedings for assessment' have a comprehensive meaning, including therein assessment proceeding for revision either under section 33a or 33b of the repealed income-tax act, then the first point argued by mr. roy loses all substance.16. mr. roy, however, argued that such an interpretation of the words 'proceedings for assessment' would ..... is the meaning of the expression 'proceedings for assessment', as used in section 297(2)(a) of the income-tax act, 1961. if that expression includes proceedings for revision, under section 33b of the repealed income-tax act, then the power of the commissioner of income-tax, under section 33b, must be taken to have been expressly saved under section 297.12. the word 'assessment .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-19-1963
Reported in : AIR1965Cal98
..... .00 and this amount has also been duly paid. for the accounting years 1960 and 1961 the company has paid in full the demand under section 18(a) of the income-tax act and paid in each of the two years rs. 63,175.00. the assessments for the years 1960 and 1961 have not been completed and therefore, the company has not ..... company's contention that it had fully discharged its liabilities for income'-tax and sales tax.42. but assuming that the company did not pay its income-tax or sales tax liabilities would that be a ground for winding up a company on a charge of insolvency the income tax act and sales tax act provided a machinery for realisation of taxes and if the company made defaults certificate proceedings would have ..... been commenced for non payment of taxes. there is no allegation that any such proceedings have been taken against the company. nor is there any evidence that ..... the entire demand has been paid. for the accounting year 1959 not amount demanded after adjustment of payment under section 18(a) of the income-tax act, was rs. 65, 310.25 np. on appeal to the appellate assistant commissioner this amount was reduced to rs. 16,360.29np. and it was fully paid by the company. .....Tag this Judgment!
Court : Kolkata
Decided on : Jun-13-1963
Reported in : AIR1965Cal343,55ITR427(Cal)
..... of his pocket. a loss is something different. that is not a thing which, so to speak, conies upon him ab extra.' (vide kanga's income-tax act, third edition, page 465). in terms of this decision it appears that loss of stock-in-trade is allowable as a trading loss as they are losses ..... by its order, dated 19th march, 1959 upheld the disallowance in respect of rs. 47,404 claimed under section 10 (2) (vii) of the indian income tax act. the tribunal held that from 31st july 1947 when the plant and machinery of the dry ice factory was purchased by the assessee to 14th august 1947, ..... machinery looted during the communal riots in lahore in the relevant year of account was admissible as an allowance under section 10(2)(vii) of the indian income-tax act ?'2. the assessee is messrs. karam chand thapar and brothers private limited, calcutta. the assessment year is 1948-1949 and the relevant accounting year ended ..... 25itr265(sc) . it has been held inter alia that the words 'used for the purpose of business' in section 10(2)(iv) of the indian income-tax act, 1922, mean use for the purpose of enabling the owner to carry on business and earn profits in the business. in other words, the machinery ..... relevant year of account was admissible as an allowance under section 10(2)(vii) of the indian income-tax act. in view of the question it is necessary to discuss the scope of section 10(2)(vii) of the act, which has been quoted in the foregoing paragraph. this clause grants an allowance in respect of .....Tag this Judgment!