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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1963 Page 4 of about 49 results (0.038 seconds)

Feb 07 1963 (HC)

Commissioner of Income-tax, Calcutta Vs. Bidhu Bhusan Sarcar (Deceased ...

Court : Kolkata

Decided on : Feb-07-1963

Reported in : [1966]59ITR590(Cal)

..... judgment given on a reference but it was a decision or an order refusing 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 the high court.the next objection which has been raised ..... there is no substance in the objection raised by the learned advocates for the respondent that the provisions of section 66a(2) of the indian income-tax act are not available to the petitioner.the only other objection which was raised as to the competency of the application is the question of limitation. ..... way of appeal, reference or revision in respect of any order made under the provisions of the repealed income-tax act, 1922, has to be instituted and disposed of as if the repealing act, that is, the income-tax act of 1961, had not been passes. in other words, the order which was made by the division ..... as to the maintainability of the application is that the provisions of section 66a(2) of the indian income-tax act cannot be invoked in the present case and therefore the petitioner has no right of appeal to the supreme court. it is pointed out ..... before the constitution came into force, the federal court had the same jurisdiction that the privy council had under section 66a(2) of the indian income-tax act. it will thus appear that in the present case the provisions of article 135 of the constitution are attracted and the petitioner has, therefore, a .....

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Dec 17 1963 (HC)

Commissioner of Income-tax Vs. Allahabad Bank Ltd.

Court : Kolkata

Decided on : Dec-17-1963

Reported in : [1966]36CompCas365(Cal),[1966]60ITR384(Cal)

s.p. mitra, j.1. this is a reference under section 66(1) of the indian income-tax act, 1922. the assessment year is 1956-57. the relevant accounting year is the calendar year ending on the 31st december, 1955. the assessee-company's total income was computed at rs. 6,14,525 (rupees six lakhs fourteen thousand five hundred and twenty-five). in computing ..... the tax on this total income in accordance with the finance act, 1956, the income-tax officer calculated the reduction in rebate in the following manner:rs. rebaters.total dividend and bonus declared during the year (the bonus declared is also to be included in the ..... capital...1,22,[email protected] 2 as.15,250 2,44,[email protected] 3 as.45,750 61,0002. the income-tax officer based his calculation on the paid up share capital at rs. 30,50,000 (rupees thirty lakhs and fifty thousand). according to the finance act, 1956, the expression ' paid-up capital ' means the paid-up capital of the company as on the ..... and fifty thousand) were transferred to the 'reserve fund and other reserves account' disclosing an aggregate figure of rs. 1,08,00,000 (rupees one crore and eight lakhs). the income-tax officer did not aggregate the paid-up share capital by the addition of the amount received on the issue of shares at a premium and did not, therefore, allow the .....

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Mar 28 1963 (HC)

Dilip Kumar Mukherjee Vs. Commercial Tax Officer and ors.

Court : Kolkata

Decided on : Mar-28-1963

Reported in : AIR1965Cal498

..... principles evolved by it earlier in the case of the dhakeswari cotton mills : [1955]27itr126(sc) pointing out that the differences in the provisions of the bihar sales tax act and the indian income-tax act were immaterial so far as the general principle involved in the present question was concerned and that principle was that the assessing authority was not entitled to 'make an ..... some evidence or material. .......' (p. 859 (of sca). (at p. 814 ofair), (ibid), 11. approving of the dicta of the lahore high court in seth gurmukh singh v. commr. of income tax, lahore the supreme court observed that if the assessing officer 'proposes to make an estimate in disregard of the evidence, oral or documentary, led by the assessee, he should in ..... . chakobhai ghelabhai and co. : [1961]1scr719 and that certiorari lies to quash an order of assessment which violates the principles of natural justice, dhakeswari cotton mills ltd. v. commissioner of income-tax, west bengal (1955) 1 scr 943: ((s) air 1955 sc 65). 8. it has also been laid down by the supreme court that in making the best of judgment assessment ..... assessment without reference to any evidence or any material at all.' 10. on behalf of the respondent, it was urged relying upon the observations of the privy council in commissioner of income tax .....

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Jul 19 1963 (HC)

Patent and Trade Mark Agencies Employees Union Vs. William Frederic De ...

Court : Kolkata

Decided on : Jul-19-1963

Reported in : AIR1964Cal80

..... the judgment as the raichur group and the amritsar group. these groups did not raise any objection to their cases being transferred under section 5(7a) of the income-tax act from one set of income-tax officers to another but submitted to their jurisdiction. it was only after the judgment of the supreme court in the case ofr bidi supply co. v. the union ..... , (s) : [1956]29itr717(sc) that they complained against the transfers and filed the petitions under article 32 of the constitution raising the point that section 5 (7-a) of the income-tax act was ultra vires the constitution and in infringement of the fundamental rights enshrined under article 14 and article 19(1)(g). this contention was negatived on the ground that having ..... the case before us. in both the cases the supreme court held that the conduct of the appellants amounted to acquiescence in the jurisdiction of the income-tax officers and the tribunal constituted under the legal practitioners' act. it cannot be argued that the petitioner's conduct before the labour court in the first dispute amounted to any admission that they were engaged ..... acquiesced in the jurisdiction of the income-tax officers to whom their cases were transferred the groups were not entitled to invoke jurisdiction of the supreme court under article 32 substantially because they had submitted to such, jurisdiction .....

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Feb 14 1963 (HC)

N.C. Mookerjee and Co. Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Feb-14-1963

Reported in : AIR1963Cal389,[1964]54ITR286(Cal)

..... excess profits tax act, 1940 and dated the 3rd september, 1954 was addressed to the petitioner firm and the latter ..... was directed to pay a sum of rs. 11,192/- as excess profits tax by the 25th september, 1954. the petitioner firm did not pay ..... under the bengal public demands recovery act initiated against the petitioner.2. the petitioner is a registered partnership firm consisting of four partners. on 25th august, 1954 the petitioner firm was assessed to excess profits tax in respect of its accounting year ending 31st march, 1942. a notice of demand under section 29 of the indian income-tax act read with section 21 of the ..... according to the demand and the income-tax officer n. d. district ii, calcutta, on .....

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Jul 03 1963 (HC)

Rendell Vs. Went (inspector of Taxes).

Court : Kolkata

Decided on : Jul-03-1963

Reported in : [1964]51ITR168(Cal)

..... namely, the benefit of being defended by solicitors and counsel on his trial. the conditions precedent to liability specified in section 161 (1) of the income-tax act, 1952, are therefore satisfied; and by virtue of section 160 the expense in question has to be treated as a perquisite of the taxpayers office as ..... for either of mr. buchers interpretations.finally it is said for the taxpayer that it is obviously unjust if he has to be saddled with income-tax liability on any extravagant sum that a company might choose to expend on a benefit to a director, notwithstanding that the benefit could have been ..... two sections for dissecting that sum and taxing only so much as the director would have paid himself. for those reasons, i think, this appeal must be allowed and the cross-appeal dismissed. ..... and therefore not something to be contemplated by the legislature. once a benefit has designedly been conferred upon a director, the act itself prescribes what the measure of liability shall be, namely, the sum expended by the company; and i find nothing in the language of these ..... obtained by him for much less. that may be so, but i do not think this possibility can of itself justify a construction of the act which would involve writing in a proviso which is not there. moreover, wanton extravagance of the kind suggested would probably be ultra vires the company .....

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Jan 29 1963 (HC)

Sunil Kumar Sinha Ray Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Jan-29-1963

Reported in : AIR1963Cal614

..... supposed that appeals from such orders were regulated by sections 109 and no of the code of civil procedure. in april 1926 the indian income-tax act was amended by the introduction of the new section 66a which provided for appeals to his majesty in council on a reference under section 66 ..... , 1918 or under section .56 of the act of 1922, but until the decision in radhakrishna ayyar v. sundaraswami ayyar, ..... act retrospectively unless a clear intention to that effect is manifested.'in delhi cloth mills' case , the question was one of the right of appeal to his majesty in council in an income-tax matter.there was no express provision for such appeals either under a reference under section 51 of the indian income-tax act ..... 10. the cases of colonial sugar refining co-ltd. v. irving, 1905 ac 369 and delhi cloth and general mills co., ltd. v. income tax commissioner delhi are not in point. in the first case the right of appeal from the supreme court of queensland to his majesty in council given ..... examination and to appoint persons as examiners for the purpose of facilitating the ascertainment of the qualifications mentioned in sections 6 and 17 of the act.21. it will thus be clear that section 6 deals with the qualification, examination fees and admission of mukhtears; section 7 with the issue .....

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Feb 14 1963 (HC)

Rishikesh Mitter Vs. the State of West Bengal

Court : Kolkata

Decided on : Feb-14-1963

Reported in : AIR1964Cal277,69CWN287

..... there is any indication therein that the intention of the legislature is to exclude the common law rule.'on a consideration of the bengal agricultural income-tax act (act iv of 1944) and of the rules and the terms their lordships of the supreme court held that there were clear indications of an ..... todelegate.'2. admiitedly the second exception has no application to the cases before us. the general rule and the first exception were recognized in the commr. of agricultural income-tax, west bengal v. keshab chandra mandai, : [1950]18itr569(sc) . in that case das, j. observed at p. 367 (of scj): (at p ..... and knewthat the applications were signed by the pleader and were otherwise in order. the collector did not take any objection to the applications but acted upon them by duly referring the matters for the determination of the court as required by the applicant. therefore the state of westbengal cannot ..... that be may by written application by his pleader or agent require the collector to make the reference, the necessary implication and intendment of the act is that he must by a written application signed by him personally require the collector to make the reference. i am unable to accept this ..... : (1) where the transaction is required bystatute to be evidence by the signature of the principalhimself; (2) where the competency to do the act arisesby virtue of the holding of some public office or by virtue of some power, authority, or duty of a pesonal nature andrequiring skill or discretion .....

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Sep 10 1963 (HC)

Madanlal Mahawar and ors. Vs. the Commercial Tax Officer, Central Sect ...

Court : Kolkata

Decided on : Sep-10-1963

Reported in : [1965]16STC1071(Cal)

..... supply v. union of india : [1956]29itr717(sc) . in that case, the supreme court was considering the effect of section 5(7-a) on section 64 of the income-tax act. section 64 of the income-tax act makes provision for determining the place of assessment. by sub-section (1) where an assessee carries on business, profession or vocation at any place, he shall be assessed ..... opportunity to represent his views by the commissioner or commissioners concerned or in case of disagreement between them by the board of revenue. section 5(7-a) of the income-tax act reads as follows:--the commissioner of income-tax may transfer any case from the income-tax officer subordinate to him to another, and the central board of revenue may transfer any case from any one ..... notice. this was the view taken by the federal court in deciding a similar point under the indian income-tax act in the case of chatturam v. commissioner of income-tax [1974] 15 i.t.r. 302 in which kania, j. (as he then was), observed:--the income-tax assessment proceedings commence with the issue of the notice. the issue or receipt of a notice is not ..... -section in terms makes provisions for the transfer of a 'case'. under the indian income-tax act, 1922, a case is started when the income-tax officer issues a notice under section 22(2) of the act calling upon the assessee to file his return of his total income and total world income during the previous year and then the assessee submits his return in the prescribed form .....

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Dec 03 1963 (HC)

Golam MohiuddIn Vs. State of West Bengal and ors.

Court : Kolkata

Decided on : Dec-03-1963

Reported in : AIR1964Cal503,68CWN215,(1964)ILLJ462Cal

..... produce in support of the case constituted! a violation of the fundamental rules of justice and called for interference on our part. in mehta parikh and co. v. commr. of income-tax, bombay, : [1956]30itr181b(sc) , this court observed that the conclusions based on facts proved or admitted may be conclusions of fact but whether a particular inference can legitimately be drawn ..... for the third expression as being most appropriate.' 23. mr. deb lastly drew my attention to 3 decision of the supreme court in lalchand bhagat ambica ram v. commr. of income-tax : [1959]37itr288(sc) in which the following observation appears : 'the limits of our jurisdiction to interfere zwith finding of fact reached by the courts or tribunals of facts have been ..... evidence to support it or if it is perverse.the latest pronouncement of this court in omar salay mohammed sait v. commr. of income-tax, madras : [1959]37itr151(sc) summarises the position thus: 'we are aware that the income-tax appellate tribunal is a fact finding tribunal and if it arrives at its own conclusions of fact after due consideration of the evidence before ..... which could not reasonably be entertained or the facts found were such that no person acting judicially and properly instructed as to the relevant law could have found, the court is entitled to interfere. in our decision in sree meenakshi mills ltd., madurai v. commr. of income-tax, madras 0044/1956 : [1956]1scr691 after discussing the various authorities on the subject we laid .....

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