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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1966 Page 1 of about 42 results (0.068 seconds)

Aug 05 1966 (HC)

Ganga Metal Refining Co. Pte. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Aug-05-1966

Reported in : [1968]38CompCas117(Cal),[1968]67ITR771(Cal)

..... recourse be had to section 24(1)].'24. it is therefore essential always to keep clear in the mind that the income-tax entity of partnership under the income-tax act is a concept in income-tax law separate from the concept of partnership under the partnership act. income-tax entity of partnership under income-tax act may not satisfy the legal requirements of a partnership within the strict meaning of the partnership ..... been assessed in this case as an assessee. but that is not material because that unregistered firm carrying on such joint venture was within the concept of assessee under the income-tax act and as such assessee in its capacity and quality of an unregistered firm, it is distinctly different and separate from the company in which status and capacity it has been ..... a firm or in that of an association of persons. the tribunal expressed the opinion that it was a joint venture amounting to business within section 2(4) of the income tax act and could only be assessed in the status either of a firm or of an association of persons. therefore, the tribunal says that there is no scope in such an ..... assessee claimed to set of not under section 24 of the income-tax act at all but under section 10 of the income-tax act. here the assessee's whole claim before us in this reference is made under section 24 of the income-tax act. section 10 of the act with which the reference in the case of income-tax reference no. 47 of 1962 dated 17th june, 1965, was concerned .....

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Aug 24 1966 (HC)

Kedarnath Jute Manufacturing Co. Ltd. Vs. Commissioner of Income-tax ( ...

Court : Kolkata

Decided on : Aug-24-1966

Reported in : AIR1968Cal19,[1968]67ITR56(Cal)

..... facts radically distinguish the instant case before us.29. finally mr. mitter for the assessee argues that even apart from the express allowances granted by section 10(2) of the income-tax act other allowances can be imported by means of construction and interpretation of the words 'profits' or 'gains' in section 10(1). in other words, his argument is that even though ..... supreme court further made certain observations on which mr. mitter relied and which perhaps inspired mr. milter's argu-ment on thesp grounds : 'even under section 10 (2) of the income tax act, it might possibly be urged that the word 'expended' was capable of being interpreted as 'expendable' or 'to be expended' at least in a case where a liability to incur ..... be to go against all principles and canons; of claims for deduction it is necessary to emphasis that the primary object for the introduction of section 10(2a) of the income-tax act, which is done by way of an amendment in 1955 was obviously to make the provision self-reliant and self-contained by including within its operation amounts refunded and remitted ..... -see then the benefil of remission or deduction would he ad justed in subsequent years. we are unable to accept this interpretation and use of section 10(2a) of the income tax act. the words used in that sub-section are again quite clear. the relevant words are 'allowance or a deduction', 'made'. 'liability incurred by the assessee' 'remission' and 'cessation' indicate that .....

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Jun 09 1966 (HC)

Amal Kumar Ghatak Vs. Income-tax Officer, J-ward and anr.

Court : Kolkata

Decided on : Jun-09-1966

Reported in : [1971]79ITR452(Cal)

..... )58mlj260 ..10. in that case, the full bench of the madras high court considered the same question which was raised under the earlier income-tax act of 1922. in that case also the question was whether the income-tax officer could call for the production cf the account books of the assessee beyond the three years prescribed by sub-section (4) to section 22 of ..... down.4. in order to appreciate this contention of mr. pal, it is necessary to refer to the notice itself which has been issued by the income-tax officer. this notice is headed 'summons of assessees under section 131 of the income-tax act, 1961. ' in the body of the notice there is a direction upon the petitioner to attend at the office of the ..... his return for the assessment years 1962-63 and 1963-64.3. the point raised by mr. d. pai, appearing for the petitioner, is thatsection 142 of the income-tax act, 1961 (hereinafter referred to as 'theact'), deals with the powers of the income-tax officer to direct an assesseeto produce books of accounts and also to furnish in writing information onsuch maters as the ..... short question involved in this application is the validity of the notice issued by the income-tax officer under section 131 of the income-tax act, 1961, being a notice dated 1st may, 1964. by this notice the petitioner was called upon to attend personally at the office of the income-tax officer with all books of accounts for the years 1955, 1956, 1957 and 1958.2 .....

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Jan 07 1966 (HC)

Commissioner of Income-tax (Central) Vs. Birla Bros. (Private) Ltd.

Court : Kolkata

Decided on : Jan-07-1966

Reported in : [1969]72ITR44(Cal)

..... appears that the facts are entirely dissimilar. it has been observed by their lordships, inter alia, that under clause (xi) of section 10(2) of the income-tax act, a debt was only allowable when it was a debt and arises out of and as an incident to the trade. if it was not of that ..... no. 7 of 1961 the following question was posed for consideration by this court under section 66(1) of the indian income-tax act, 1922 (hereinafter called the 'act'): ' whether, on the facts and in the circumstances of the case, the sumof rs. 5,60,199 was an admissible deduction in computing the ..... a company which was not its managed companycannot give rise to the assessee's contention that the case falls under section 10(2)(xi) of the act. 11. the income-tax officer found as a fact that, though technically the u. p. sales corporation limited was not managed by the assessee, the entire finance of this ..... was done in such a circuitous manner that no relief should be given to the assessee under section 10(2)(xi) of the act. he entirely supports the finding of the income-tax officer who disallowed the claim of the assessee on the ground that the advance was not made in the course of the company' ..... tribunal. the tribunal, however, only sent up the above question to this court. the matter was, therefore, taken up by the commissioner of income-tax under section 66(2) of the act to this court. this court asked for a further statement of the case on the following questions framed by it. they are as follows : .....

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May 11 1966 (HC)

Commissioner of Income-tax (Central), Calcutta Vs. Anwar Ali

Court : Kolkata

Decided on : May-11-1966

Reported in : AIR1968Cal345,[1967]65ITR95(Cal)

..... other party with the offence.12. the decisions cited in support of the rival contentions establish that the assessment proceedings are not binding on the income-tax authorities in proceedings under section 28 of the income-tax act it is true that materials disclosed in assessment proceedings can be taken into consideration but such materials do not constitute res judicata. the bombay, gujarat ..... and patna decisions are of the view that proceedings under section 28 of the income-tax act are penal proceedings and are of the nature of criminal proceedings. the madras high court in the decision reported in : [1962]46itr1056(mad) (mad) expressed concurrence with the ..... principles laid down by chagla c. j. in the case of gokuldas harivallabdas : air1959bom96 correctly express the character of proceedings under section 28(1)(c) of the indian income tax act. with respect, i am unable to agree with the contrary views because both on logic and principle where penalty is imposed the proceedings are criminal in nature and the offence ..... a 'penalty', the proceeding to make such imposition is not a penal or criminal proceeding nobody can of course, contend that the proceeding for imposition of a penalty under the income-tax act is 'criminal proceeding' for that expression, as the privy council explained in a. w. meads v. the king refers to those proceedings which are capable of being instituted .....

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Mar 01 1966 (HC)

Harnandrai Badridas Vs. Commissioner of Income-tax, Calcutta

Court : Kolkata

Decided on : Mar-01-1966

Reported in : AIR1968Cal383

..... appellate tribunal upheld the order of the appellate assistant commissioner.5. counsel on behalf of the assessee contended that the provisions contained in section 23(4) of the income-tax act confer powers on the income-tax authorities to make an assessment to the best judgmentand in the case of a firm to refuse to register it or to cancel the registration. it was said ..... section 26a is legal and valid.'2. the case relates to the assessment year 1947-48.3. the assessee applied for renewal of registration under section 26a of the indian income-tax act, 1922. in default of compliance with notice for production of books of accounts for the relevant assessment year, the assessee was assesed under section 23(4) for the year in ..... tribunal was that notice should have been given to the assessee. that contention was based on the provision of section 23 of the income-tax act. counselfor the assessee contended that the proviso to section 23(4) of the indian income-tax act contemplates notice in case of cancellation of registration and that the issue of notice was implicit in the case of refusal to renew ..... to verify whether the profits had been distributed in accordance with the terms of the partnership deed. the order of the income-tax officer was passed under section 23(4)/26a of the income-tax act, 1922.4. an appeal was preferred against the income-tax officer's order to the appellate assistant commissioner. it was urged before him that the renewal of registration having been refused .....

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Sep 12 1966 (HC)

Rama Guha and Ors. Vs. Income-tax Officer, 'C' Ward and Ors.

Court : Kolkata

Decided on : Sep-12-1966

Reported in : AIR1967Cal348

..... orderb.c. mitra, j.1. the short question involved in this application in it a notice issued under section 34 of the indian income tax act, 1922 (hereinafter referred to as the act) is valid.2. the petitioners nos. 1 and 2 were partners of a firm known as calcutta general stores (petitioner no. 3). the said firm's business consisted, inter alia, ..... any adult male member of the family. it was argued that in addressing the notice to the partner of the firm, the income-tax officer had strictly complied with the requirements of the statute. section 63 (2) of the act sanctioned and directed that a notice in a case of a firm may be addressed to a partner of the firm and this ..... support of this contention reliance was firstly placed on a decision of the supreme court in y. narayana chetty v. income-tax officer : [1959]35itr388(sc) in this case it was held that a notice under section 34 of the act for the purpose of initiating reassessment proceedings was not a mere procedural requirement, and that the service of the prescribed notice on ..... appearing for the petitioners contended that a notice under section 34 of the act was a condition precedent to the exercise of jurisdiction by the income-tax officer, and therefore if the notice was invalid the income-tax officer would nave no jurisdiction to proceed to reassess the income under section 34 of the act. it was argued that in this case the impugned notices must be .....

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Oct 06 1966 (HC)

Sheo Nath Singh Vs. Appellate Assistant Commissioner of Income-tax (Ce ...

Court : Kolkata

Decided on : Oct-06-1966

Reported in : AIR1967Cal382,[1968]67ITR254(Cal)

..... of sub-sections (1a) to (1d) in section 34 of the income tax act, 1922 (hereinafter referred to as the 'said act'). section 34(1a) of the said act runs as follows :'(1a) if, in the case of any assessee, the income-tax officer has reason to believe- (i) that income, profits or gains chargeable to income-tax have escaped assessment for any year in respect of which the relevant ..... 14 of the constitution and as such void. the second point was that the disclosures before the investigation commission could not be looked into by the income-tax officer for purposes of assessment under the said act. it is as a result of the said reference that we are hearing this matter.2. before us, mr. sen appearing on behalf of the petitioner ..... under section 34(1a) the petitioner had filed returns according to his original assessment. it was further stated that in the meanwhile the income-tax officer had received the records of the investigation commission, under section 37 of the said act. in the assessment order for 1942-43 (pages 46 to 58 of the paper book) it is mentioned that the assessee had ..... of shares was purchased by the said rai bahadur oberoi in the said company. it appears that the case of rai bahadur oberoi was referred to the income-tax investigation commission, set up under the provisions of the taxation on income (investigation commission) act, 1947. the said commission, on or about 18th august, 1951 issued notices under section 5(4) of the investigation commission .....

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Aug 05 1966 (HC)

Ganga Metal Refining Co. Pr. Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Decided on : Aug-05-1966

Reported in : AIR1967Cal429

..... recourse be had to section 24(1).' it is therefore essential always to keep clear in the mind that the income-tax entity of partnership under the income-tax act is a concept in income-tax law separate from the concept of partnership under the partnership act. income-tax entity of partnership under the income tax act may not satisfy the legal requirements of a partnership within the strict meaning of the partnership ..... been assessed in this case as an assessee. but that 1s not material because that unregistered firm carrying on such joint venture was within the concept of assessee under the income-tax act and as such assessee in its capacity and quality of an unregistered firm, it is distinctly different and separate from the company in which status and capacity it has been ..... a firm or in that of an association of persons. the tribunal expressed the opinion that it was a joint venture amounting to business within section 2(4) of the income-tax act and could only be assessed in the status either of a firm or of an association of persons. therefore, the tribunal says that there is no scope in such an ..... -6-1965 (cal), the assessee claimed to set off not under section 24 of the income-tax act at all but under section 10 of the income-tax act. here the assessee's whole claim before us in this reference is made under section 24 of the income-tax act. section 10 of the act with which the reference in the case of i. t ref. no. 47 of 1962 .....

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Mar 04 1966 (HC)

Bijoy Kr. Sadhukhan Vs. Income-tax Officer Non Companies

Court : Kolkata

Decided on : Mar-04-1966

Reported in : AIR1966Cal597

..... orderb.n. banerjee, j.1. for the assessment years 1938-39, 1939-40, 1940-41, 1941-42. 1942-43 and 1943-44, the petitioner was assessed to income-tax by the respondent no. 2 income-tax officer, under the income-tax act, 1922, on the basis of returns filed by him. the demands made on the basis of such assessments were all paid by him.2. it now ..... case was:'in our opinion, the press notifications issued by the state government have no legal force. they do not appear to have been passed under the provisions of the income-tax act or any other law and secondly the petitioners are not entitled to any relief by way of mandamus directing the opposite parties to enforce the provisions of the press notification ..... fresh assessment. 7. if you intend to appeal against the assessment/penalty you may present an appeal under sub-section (1) of section 30 of the indian income-tax act, 1922 to the appellate assistant commissioner of income-tax at 'd' range, cal. within 30 days of the receipt of this notice, in the form prescribed under sub-section (3) of section 30, duly stamped ..... -43...rs. 44,013.84 np.1943-44...rs. 51,937.37 np.total...rs. 2,20,236.49 np.it does not appear that demands for these taxes, under section 29 of the income-tax act, 1922, had been served upon the petitioner before the certificate cases were started.5. upon service of the notice of the certificate demands upon him, the petitioner .....

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