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Judgment Search Results Home > Cases Phrase: income tax act Court: kolkata Year: 1975 Page 3 of about 96 results (0.034 seconds)

Dec 04 1975 (HC)

Commissioner of Income-tax Vs. Luxmi Ideal Investment and Finance Corp ...

Court : Kolkata

Decided on : Dec-04-1975

Reported in : [1978]113ITR238(Cal)

..... not justified on merits ?' 2. the assessee is a private limited company. in course of proceedings under section 23a of the indian income-tax act, 1922, for the assessment years 1955-56 to 1961-62, it was found by the income-tax officer that, except for the assessment years 1955-56 and 1958-59, the dividends declaredby the assessee were more than 60 per cent ..... that he shall make as many orders as he likes. it is elementary that the income-tax officer is bound to drop the proceedings where no super-tax is payable by the assessee and in this case it has been done by the income-tax officer.7. further, the indian income-tax act, 1922, expressly provides for initiation of subsequent proceeding in certain matters, to wit section 34 ..... following questions arc involved in this reference under section 66(1) of the indian income-tax act, 1922 :'1. whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the income-tax officer had no jurisdiction to invoke section 23a of the indian income-tax act, 1922, for the second time? 2. if the answer to question no. (1) be ..... of the act. there is no such provision in section 23a of the act and, therefore, if an order passed by the income-tax officer under this section is prejudicial to the interests of .....

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Jun 18 1975 (HC)

Cooch Behar Trading Co. Pvt. Ltd. Vs. Commissioner of Income-tax, Cent ...

Court : Kolkata

Decided on : Jun-18-1975

Reported in : [1978]112ITR150(Cal)

..... to gather further facts from the materials already on record as to the nature of the reserve mentioned by the income-tax officer, as to whether the possibility of further tax liability on account of reassessment under section 34(1)(a) of the income-tax act actually influenced the decision of the directors and of the general meeting with regard to the declaration of dividend at ..... of which it can be stated that for the purpose of declaration of dividend the directors were influenced by an apprehension of additional tax liability as a result of the assessment under section 34(l)(a) of the indian income-tax act, 1922. the directors' report or the balance-sheet placed before the general meeting does not make a mention of this apprehension, and ..... commercial profit of the year in question. and in gangadhar banerjee's case : [1965]57itr176(sc) of the report, the supreme court says thus : 'the income-tax officer, acting under this section, is not assessing any income to tax : that will be assessed in the hands of the shareholder. he only does what the directors should have done. he puts himself in the place of ..... first question is in the negative, whether the tribunal was justified in holding that in determining the distributbale surpuls, only the net tax payable by the assessee should be taken into consideration without any regard to the credit given under section 18(5) of the indian income-tax act, 1922 ?' 2. the assessee is a private limited company to which section 23a of the .....

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Jul 30 1975 (HC)

Jyoti Prakash Mitter Vs. Haramohan Chowdhury

Court : Kolkata

Decided on : Jul-30-1975

Reported in : [1978]112ITR384(Cal)

..... , and we hold ultimately that the assessment should be completed before the proceedings, either by way of a penalty or a prosecution under chapter xxi and chapter xxii of the income-tax act, 1961, respectively, can be instituted and that although the findings in either of the said proceedings may not be binding on the other, it does not rule out the necessity ..... though in different chapters. otherwise, if the assessee be prosecuted first and then penalty proceedings are started, the assessee is deprived of the benefit of section 279(1a) of the income-tax act, 1961. apart from the same, the principles of natural justice have to be construed properly. natural justice is not merely a part of the natural law or justice natural but ..... dimension of mr. mitter's contentions submitted that the proceedings are neither premature nor opposed to the principles of natural justice being within the ambit of section 277 of the income-tax act, 1961, and as such the prosecution is independent of any other proceedings for penalty, etc., that may be started. as to the second branch of mr. mitter's submissions, mr ..... or had reason to believe that the returns and particulars furnished by him were totally false ; and that thereby the petitioner committed an offence punishable under section 277 of the income-tax act, 1961. the learned chief metropolitan magistrate by his order of the same date took cognizance and issued summons for appearance of the accused. the petitioner appeared on february 28, 1975 .....

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Jul 03 1975 (HC)

Burmah-shell Oil Storage and Distributing Co. of India Ltd. Vs. Income ...

Court : Kolkata

Decided on : Jul-03-1975

Reported in : [1978]112ITR592(Cal)

..... any penalty against the company.10. mr. ginwalla, learned counsel appearing in support of this application, has drawn my attention to the relevant provisions contained in section 271 of the income-tax act, 1961. the provision of the said section material for the purpose of this application may be set out :'271. failure to furnish returns, comply with notices, concealment of ..... : [1964]51itr823(sc) . it is, however, necessary once more to observe, as we did in c.a. abraham's case : [1961]41itr425(sc) , that the income-tax act provides a complete machinery for assessment of tax, and for relief in respect of improper or erroneous orders made by the revenue authorities. it is for the revenue authorities to ascertain the facts applicable to a ..... to please state your views as to why your case should not be considered to be covered by the provisions of the explanation to section 271(1)(c) of the income-tax act, 1961. in this respect, i would like you to refer in particular to that portion of the explanation which states ......that the failure to return the correct ..... 18th august, 1971, under section 274(2} read with section 272 of the income-tax act, 1961, to the principal officer of the company at bombay and the said notice reads as follows :'whereas the income-tax officer, central circle xxiii, calcutta, has under sub-section (2) of section 274 of the income-tax act, 1961, referred your case to me in connection with the penalty proceedings under .....

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Dec 16 1975 (HC)

Bibhuti Bhusan Roy Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Decided on : Dec-16-1975

Reported in : [1978]111ITR84(Cal)

..... under section 56 of the income-tax act, 1961, for payment of advance tax under section 210 of the income-tax act, 1961. the said notice, though dated 25th july, 1970, was not signed by the income-tax officer and the order under section 210 of the income-tax act similarly was not signed by the income-tax officer. section 210 enjoins ..... that where a person has been previously assessed by way of regular assessment the income-tax officer might on or after 1st april in ..... the financial year by an order in writing require him to pay to the credit of the central government advance tax ..... liability to pay interest under sub-section (1a) of section 217 for failure to pay tax on the estimate of enhanced income, arises on the making of a valid order under section 210 of the act and the service of the said order upon the assessee.2. in the instant case, ..... was not signed. in view of the principle enunciated by a bench, decision of this court in the case of b. k. gooyee, v. income-tax officer : [1966]62itr109(cal) , it must, be held that there was no valid order under section 210 and as such there was no .....

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Jan 17 1975 (HC)

Charki Mica Mining Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-17-1975

Reported in : [1978]111ITR193(Cal)

..... has also placed reliance on a manual published by the board of revenue intituled the notes on the indian income-tax act, 1922, the rules made under that act and other statutory provisions and orders concerned with the imposition of income-tax as corrected up to 30th september, 1949. hedrew our attention to the following passage appearing at page ..... and, therefore, the appeal was not out of time for, according to him, section 67a of the indian income-tax act, 1922, says that in computing the period of limitation prescribed for an appeal under the act, the day on which the order complained of was made and the time requisite for obtaining a copy of such ..... deb, j.1. the following questions were framed by this court under section 66(2) of the indian income-tax act, 1922 :'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the period of ..... is that the expression 'the time requisite for obtaining a copy of such order' used in section 67a of the act does not enjoin the assessee to make an application to the income-tax officer for obtaining a copy of the assessment order and, therefore, the prescribed period of limitation for filing the appeal should ..... appeal was not within time?'2. the assessment of the case relates to the assessment for the year 1961-62. the assessment order was passed by the income-tax officer on december 23, 1964. the assessee received the notice of demand on january 13, 1965, and filed the appeal on february 15, 1965, before .....

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Jun 27 1975 (HC)

Singho Mica Mining Co. Ltd. Vs. Commissioner of Income-tax, Central

Court : Kolkata

Decided on : Jun-27-1975

Reported in : [1978]111ITR231(Cal)

..... that this omission to charge interest has resulted in prejudice to the interest of the revenue and after hearing the assessee passed an order under, section 263 of the income-tax act, 1961, directingthe income-tax officer to compute and recover such interest. interest was levied accordingly.2. in the meantime, the assessee had preferred an appeal from the original order of assessment before ..... 78itr90(sc) , the tribunal held that interest in this case was leviable and to be considered as having been levied under section 217 of the income-tax act, 1961, and not under section 18a(8) of theindian income-tax act, 1922. mislabelling or mentioning a wrong section did not vitiate the order as the requisite power was otherwise vested and exercise thereof was referable to ..... transaction. the supreme court held that the doctrine of merger could not be invoked in those circumstances.30. mr. sen referred to section 246 of the income-tax act, 1961, which specified the orders of an income-tax officer which were appealable and from which appeal could be preferred to the appellate assistant commissioner. in this section an order under section 216 of the ..... mr. sen appear to be of some substance. in the case of amritlal : [1958]34itr130(sc) , referred to above, an order granting registration under section 26a of the indian income-tax act, 1922, was found to be non-appealable and on that basis it was held that in a dispute regarding registration an order passed could not have been made asubject-matter .....

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Mar 17 1975 (HC)

Commissioner of Income-tax Vs. Indian Sugar Mills Association

Court : Kolkata

Decided on : Mar-17-1975

Reported in : [1978]111ITR429(Cal)

..... to by the tribunal as set out earlier will show that in this reference we are only concerned with the question of exemption under section 11(1)(a) of the income-tax act, 1961, and not with the question of exemption under any other section, now raised in this reference for the first time by the assessee and, therefore, in our opinion, this ..... utility would not involve the carrying on of any activity for profit or else it would not be a charitable purpose within the meaning of section 2(15) of the income-tax act, 1961. that, in our view, is the true import, meaning and significance of this new definition with the expression 'the advancement of any other object of general public utility not ..... counsel for the assessee, however, contended that in this case we are really concerned with the question whether the income of the assessee from the source as mentioned aforesaid is exempt from income-tax. he has drawn our attention to section 10(24) of the income-tax act, 1961, and has argued that since the assessee is a registered trade union and the sources of its ..... similar claim in the assessment years 1958-59 to 1961-62 under section 4(3)(i) of the indian income-tax act, 1922. regarding the assessee's claims in the aforesaid years the supreme court in its decision in the case of commissioner of income-tax v. indian sugar mills association : [1974]97itr486(sc) , construing the relevant rules of the assessee-association, held that the .....

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Aug 28 1975 (HC)

Commissioner of Income-tax Vs. Madhusudan Agarwalla

Court : Kolkata

Decided on : Aug-28-1975

Reported in : 80CWN491,[1978]111ITR505(Cal)

..... has been rightly contended on behalf of the assessee that to accept the contention of mr. b. l. pal is to amend section 12b of the indian income-tax act, 1922, by section 46(2) of the income-tax act, 1961, with retrospective effect and, therefore, we must reject the contention of mr. b. l. pal. that apart, section 297(2)(b) is not a ..... b. l. pal and his learned junior, mr. sen gupta. one of the questions involved in chhogmal agarwalla v. income-tax officer : [1975]100itr29(cal) was whether the assessment already made under the indian income-tax act, 1922, could be rectified under the provisions of the income-tax act, 1961. the assessee was a partner of a firm and before the firm filed its return he was assessed ..... under the indian income-tax act, 1922. the firm filed its return after the income-tax act, 1961, came into operation. thereafter, in view of the ..... assessment year 1961-62. these two sums were assessed as capital gains, under section 12b of the indian income-tax act, 1922, and under section 46(2) of the income-tax act of 1961, respectively, in the hands of the assessee in these two assessment years by the income-tax officer. the appeal filed by the assessee was dismissed by the appellate assistant commissioner. the tribunal has, .....

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Aug 11 1975 (HC)

Ganesh Chandra Khan Vs. Income-tax Officer, a Ward and anr.

Court : Kolkata

Decided on : Aug-11-1975

Reported in : [1978]111ITR934(Cal)

..... khan, in this application under article 226 of the constitution, challenges three notices all dated 25th of may, 1971, issued under section 148 of the income-tax act, 1961, by the income-tax officer, 'a' ward, hooghly, for the assessment years 1963-64, 1964-65 and 1965-66. it is the case of the petitioner that ..... . in the view i have taken, the notices for the assessment years 1963-64, 1964-65 and 1965-66, issued under section 148 of the income-tax act, 1961, and all dated 25th of may, 1971, are hereby quashed and the respondents are restrained from proceeding in pursuance of the said notices. the ..... rate of rs. 484 per month instead of rs. 2,128 per month. therefore, he had duly initiated proceedings under section 147(a) of the income-tax act, 1961. dealing with the allegations made in paragraph 11-a of the petition as mentioned hereinbefore the said deponent had stated that separate notices dated 6th ..... might depend upon the method of accounting adopted by the assessee. but before the right to receive a particular amount as income 'accrued, no charge could be levied under the income-tax act on that amount in any year anterior to the one in which it was receivable. it was held that the enhanced ..... expected to let from year to year. therefore, what is the reasonably expected letting value is deemed to be the income from the house property by virtue of section 23 of the income-tax act, 1961. if that is so then the method of accounting followed by the assessee is not relevant or germane. .....

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