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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1964 Page 1 of about 59 results (0.031 seconds)

Jul 06 1964 (HC)

Smt. Bagsu Devi Bafna Vs. the Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : Jul-06-1964

Reported in : AIR1966Cal73,69CWN66,[1967]63ITR333(Cal)

..... order of dismissal.'14. in this rule i have not to deal with a disciplinary proceeding but with a proceeding for revision of assessment under section 33b of the indian income-tax act, 1922 but the rules of natural justice do not differ with the nature of the proceedings. they are everywhere the same, unless controlled or modified by statutes or statutory rules ..... he desires to use the materials so collected, the assessee must be informed of the material and must be given an adequate opportunity of explaining it.'section 33b of the income-tax act, 1922 invests in the commissioner the power of 'making or causing to be made such enquiry as he deemed necessary.' but this power notwithstanding, the commissioner cannot use the materials ..... of being heard in rebuttal of those materials and has thus violated the principles of natural justice and also violated the express provisions of section 33b of the repealed indian income-tax act, 1922, even assuming the said section applies.'8. in elaboration of this ground, mr. mitter argued that the revision order, particularly paragraphs 3, 4 and 5 thereof, contained an innuendo ..... such orders thereon as the circumstances of the cases justify after giving you an opportunity of being heard under the powers vested in me under section 33-b of the income-tax act, 1922. the cases will be heard at 11 a.m. on 8-3-63 at my above office when you are required to produce the necessary evidence in support of .....

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Nov 24 1964 (HC)

Commissioner of Income-tax (Central) Vs. Standard Vacuum Oil Co. Ltd.

Court : Kolkata

Decided on : Nov-24-1964

Reported in : AIR1967Cal68

..... necessary expenditure which he must incur for the purpose of his business and be covered by the wording of section 10 (2) (xv) of the income-tax act.5. it was, however, contended on behalf of the revenue that the imposition had to be met not because the assessee's carrying on a ..... its business is allowable as a deduction under section 10 (1) or section 10 (2) (xv) of the indian income-tax act, 1922.2. the contention of the assessee before the income-tax officer was that in order to carry on its business the company had to possess wealth in the form of various assets ..... coffee, tea and rubber plantations should be deducted from his gross income in computing his agricultural income under the madras plantations agricultural income tax act. in applying section 5 (e) of that act which was worded very similarly to section 10 (2) (xv) of the income tax act the court held that the interest paid did not savour of ..... the non-resident principals under section 43 of the income-tax act for the purpose of income-tax and excess profits-tax. it had to pay a large sum of money under the provisions of section 42 (1) of the income-tax act as such agent. under this provision all income, profits or gains accruing or arising from any ..... the company has not declared any dividend on the equity capital in respect of that year.4. section 10 (1) of the income-tax act, 1922 provides that tax is to be payable by an assessee carrying on business in respect of the profits or gains of the said business. section 10 ( .....

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Jun 10 1964 (HC)

Harbanslal Malhotra and Sons, (Private) Ltd. Vs. the Income-tax Office ...

Court : Kolkata

Decided on : Jun-10-1964

Reported in : AIR1965Cal226

..... to the appellate assistant commissioner which appeal is still pending, on 23rd march, 1963the petitioner was served with a notice dated 22nd march 1963, issued under section 148 of the income-tax act, 1961 for the assessment year 1958-59. particulars thereof have already been set out above. in this application, it is this notice and the proceedings had thereunder which have been ..... . the petitioner carries on the business of manufacturing razor blades. this application is concerned with a notice served upon the petitioner dated 22nd march, 1963 under section 148 of the income-tax act, 1961, purporting to reopen the assessment of the petitioner for the year 1958-59. a copy of the said notice is annexure 'd' to the petition. it is stated in ..... confirm your acceptance of the abovearrangement. 7. it is on the strength of these new materials that the income-tax officer served a notice under section 34 of the income-tax act, 1922 for the assessment year 1957-58 and a notice under section 148 of the income-tax act, 1961 for the assessment year 1958-59, with which we are concerned in this case. 8. the argument ..... ,57,343/-2,64,361/-3. on or about 26th march, 1962 the income-tax officer, 'f' ward, company district ii issued a notice under section 34 of the indian income-tax act, 1922 in respect of the assessment years 1957-58. pursuant to the said notice the income-tax officer re-assessed the income for the said assessment years and disallowed the provisions for incentive-bonus on .....

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Mar 19 1964 (HC)

Rampiyari Khemka Vs. Commissioner of Income Tax, West Bengal and ors.

Court : Kolkata

Decided on : Mar-19-1964

Reported in : AIR1964Cal367,68CWN1144,[1966]61ITR600(Cal)

..... orders thereon as the circumstances of the cases justify after giving you an opportunity of being heard under the powers vested in me under section 33b the income-tax act, 1922. the cases will be heard at 11 a.m. on 7-2-63 at my above office when you are requested to produce the ..... to give effect to it. this however will not prevent the respondents from taking any other steps against the petitioner under the income-tax act or any other law, which they are entitled to take and to proceed in accordance with law. there will be no order as to costs. ..... february, 1961 she filed a return of her income for the assessment year 1960-61 in the office of the income-tax officer, howrah, pursuant to a notice under section 22(1) of the income-tax act, therein-after referred to as the 'said act'). it is stated that the income-tax officer called for returns of the earlier years and ..... the petitioner filed a return for the assessment years 1953-54 to 1959-60. according to the commissioner of income-tax, as stated by him in the ..... an order had already been made by the commissioner on the 7th february, 1963 and no authority having been filed with the income-tax authorities authorising g. p. lath and co. to act on behalf of the assessee, his representation could not be considered. this rule was issued on the 25th april, 1963 calling .....

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Mar 05 1964 (HC)

Mooljee Sicka and Co. Vs. Second Addl. Income-tax Officer, Dist. V(i) ...

Court : Kolkata

Decided on : Mar-05-1964

Reported in : AIR1964Cal486

..... vacated the interim order. the present appeal is from this judgment as stated before.10. the appellant has conceded that the word 'information' in section 34(1)(b) of the income-tax act includes information as to the true and correct state of law and so would cover information as to relevant judicial decision -- the question having been finally settled by the decision ..... that to the extent to which the profit from tendu leaves could be ascribed to the process of pruning the tendu leaves, it was agricultural income within the meaning of section 2(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% of the total profit on account ..... the supreme court in raja benoy kumar saha roy's case, : [1957]32itr466(sc) . if this finding of the income-tax officer is challenged, the proper course for the assessee is to have it corrected by a departmental appeal as provided in the income-tax act. it is not open to the assessee to have recourse to the jurisdiction exercised by the court under article ..... be called agricultural and therefore such operations do not give rise to income which would be agricultural income and subject to exemption. after this judgment in raja benoy kumar saha roy's case was published, the income-tax officer served upon the applicant a notice under section 34(1)(b) of the income-tax act on 14 february 1958 thereby calling upon it to file a return .....

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Jan 28 1964 (HC)

Rungta Sons Ltd. Vs. Commissioner of Income Tax, (Central) Calcutta

Court : Kolkata

Decided on : Jan-28-1964

Reported in : AIR1964Cal495,68CWN847,[1964]54ITR447(Cal)

..... show that they did not apply to the facts of the instant case, inasmuch as they refer to the excess profit tax and the in-come tax acts of england, the language whereof is not the same as that used in the income tax act, 1922. northern aluminium co. ltd. case, 1946-1 all er 546 referred to above shows that the price for which the ..... the year of receipt and not of the year when it arises or accrues, would be misleading under the income-tax act, which contains provisions which are not to be found in the english statutes (vide, observation in the case of commissioner of income tax v. singari bai : air1945all102 . 18. in the above premises we are of the view that the decision of the tribunal ..... the english cases cannot be attracted to thepresent case, as it has not been pointed out to us thatthe provisions of the excess profit duty act as applicablein britain are equivalent to the provisions which are contained in the indian income-tax act as stated before. furthermore upon consideration of all the decided cases itappears that if the amount is to be taxable as ..... . according to their lordships of the supreme court, income tax is a levy on income. though the income tax act takes into account two points of time at which the liability to tax is attracted, viz., the accrual of income or its receipt, yet the substance of the matter is the income. if income does not result at all, there cannot be a tax, even though in book keeping, an entry .....

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Nov 26 1964 (HC)

B. W. Nobes and Co. Ltd. Vs. Inland Revenue Commissioners.

Court : Kolkata

Decided on : Nov-26-1964

Reported in : [1965]58ITR63(Cal)

..... the judgment i am about to deliver.this appeal is concerned with those annual payments which are dealt with by sections 169 and 170 of the income tax act, 1952, re-enacting the old general rules 19 and 21. section 169 provides that where any annual payment is payable wholly out of profits or ..... plainly considered that in making up the accounts between the taxpayer and the revenue, the funds which have already been brought into charge for purposes of income tax, might be utilised in such accounts however the allocation may have been shown for other purposes. this is the ordinary rule, although special circumstances may ..... easy to follow if one considers the case of a private person who may deduct and retain income tax on annual payments which he makes, even though he has in the year in question used up all his income for capital purposes. he need not, of course, keep any accounts at all and has only ..... repeat the process. i agree with the conclusion which he has reached that it is impossible for the company to show that the sums of income subjected to tax were available to pay the annual sums in the present case. i agree, therefore, that the appeal should be allowed.appeal allowed with costs ..... accepted, i think, that there is, therefore, no conflict between these cases. but is must be possible to apply the rule without using the income already charged to tax twice over. this is the part of the case which presents the most difficulty. harman l.j. has analysed the facts and the evidence in .....

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Feb 05 1964 (HC)

Mannalal Ratanlal Vs. Commissioner of Income-tax, CalcuttA.

Court : Kolkata

Decided on : Feb-05-1964

Reported in : [1965]58ITR84(Cal)

..... the opinion, on money borrowed by him for payment of advance tax cannot be deducted under the provisions of section 12(2) of the income-tax act. we express our respectful agreement with this view. in our judgment, income-tax is not part of an expenditure of an assessee. therefore, the interest that ..... the borrowing of money by an assessee for the payment of advance tax is not made for any purpose of commercial expendiency but for the discharge of a statutory obligation imposed upon him under section 18a of the income-tax act. the interest paid by the assessee, the patna high court is of ..... is paid by the assessee on any sum borrowed by him for payment of income-tax is not deductible from his net income. in other words, when the tax ..... section 66(1) of the indian income-tax act, 1922. the assessment year is 1952-53. the corresponding accounting year is 2007-8 dewali. the assessee is a partner in the registered firm of messrs. sadhuram tolaram. from this firm the assessee derived one-third of the income in each of the three heads, ..... sources. in the year of account relevant to the said assessment year, the assessee borrowed a certain sum of money for the purpose of paying income-tax in respect of assessments for preceding years. the assessee paid a sum of rs. 1,934 (rupees one thousand and nine hundred and thirty-four .....

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Nov 30 1964 (HC)

Commissioner of Income-tax (Central), Calcutta Vs. Union Company Ltd.

Court : Kolkata

Decided on : Nov-30-1964

Reported in : [1966]59ITR483(Cal)

..... mitter j. - the question referred to this court under section 66(1) of the income-tax act is :'whether, on the facts and in the circumstances of the case, the income-tax officer was justified in applying the provisions of section 23a(1) of the income-tax act to the assessee-company for the assessment year 1952-53 ?'the facts are as follows : for the relevant assessment year 1952 ..... applied in finding out whether the distribution is such to call for investigation. for this purpose three figures have to be taken into account, viz. :(1) the assessable income;(2) the income tax and super tax payable in respect thereof; and(3) the total dividend actually distributed. if the third figures is less that 60 per cent. of the difference between the first two ..... -53, the corresponding previous year of the assessee was the one ending on march 30, 1952. the company showed in its return a total income of rs. 1,49,935. at a ..... had accumulated in earlier years and he referred to the case of commissioner of income-tax v. williamson diamonds ltd. there the question which arose under section 21(1) of the income-tax consolidation ordinance, 1950, of tanganyika which was much to the same effect as section 23a of our act. the judicial committee had to consider whether the word 'losses' in the tanganyika ordinance .....

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Dec 17 1964 (HC)

Rungta Sons (Private) Ltd. Vs. Commissioner of Income-tax.

Court : Kolkata

Decided on : Dec-17-1964

Reported in : [1966]62ITR468(Cal)

..... ,625 (new dholera steamship ltd.). the said sums of money given up by the assessee were claimed as an expenditure under section 10(2) (xv) of the income-tax act, 1922, but were disallowed. the income-tax officer and the appellate assistant commissioner rejected the contention of the assessee but the appellate tribunal and, thereafter, the bombay high court on reference, set aside the order ..... tax is attracted, namely, the accrual of the income or its receipt; but the substance of the matter is the income. if income does not result at all, there cannot be a ..... j., holding that the high court was right in coming to the conclusion that on the facts of the case the larger income neither accrued nor was received by the assessee-firm and, as such, not taxable, has stated at page 148 :'income-tax is a levy on income. no doubt, the income-tax act takes into account two points of time at which the liability to ..... tax even though in book-keeping as entry is made about a hypothetical income, which does not materialise. where income .....

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