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Judgment Search Results Home > Cases Phrase: income tax act Court: madhya pradesh Page 1 of about 6,801 results (0.072 seconds)

Apr 30 1960 (HC)

Gwalior Rayon Silk Manufacturing (Weaving) Co. Ltd. Vs. the Union of I ...

Court : Madhya Pradesh

Reported in : AIR1960MP330; [1961]43ITR184(MP)

..... granting specific exemption. the state of madhya bharat became a taxable territory from 1-4-1950. but there is nothing in any of the amendments made in the indian income-tax act imposing income-tax in that state and making it a taxable territory which repealed the exemption granted to the applicant.in air 1958 sc 816 (supra), the supreme court was not inclined ..... enable the central government to mould its executive action so as to conform both with a special law granting exemtion and the provisions of the income-tax act, 1922.the general provisions of the income-tax act, section 13 of the finance act of 1950 and paragraph 16 of the taxation concessions, order, 1950, cannot therefore be read as taking away the exemption granted to the ..... agreement.18. in substance, the contention of the learned counsel for the petitioner is no more than this that though the material provisions of the income-tax act and the finance act imposing tax in part b states are intra vires, the ambit of those provisions is narrowed down so far as their, 'enforceability against the petitioner is concerned -and they ..... to a constitutional provision. learned counsel also submitted that assuming that the obligation under article 295(1)(b) could be taken away by legislation, the general provisions of the income-tax act, finance act and the taxation concessions order could not be construed as abrogating the exemption granted to the petitioner under a special law, viz., the order of the ruler and the .....

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Jan 27 2006 (HC)

Chandrabhan Brijmohan and Co. and anr. Vs. Assistant Commissioner of S ...

Court : Madhya Pradesh

Reported in : 2006(2)MPHT55; 2006(2)MPLJ135

..... a considerable increase in the number of dealers liable to pay tax under the sales tax act, central sales tax act and entry tax act and having regard to the fact that with the adoption of financial year as the previous year for the purpose of income tax act, 1961 w.e.f. 1st april, 1989 assessment cases for ..... par kar adhiniyam, 1976 (no. 52 of 1976);(ii) with the adoption of financial year as the previous year for the purpose of the income tax act, 1961 with effect from 1st april, 1989 assessment, cases for the part period upto 31st march, 1989 of the dealers for all the accounting ..... need to be completed;now, therefore, in exercise of the powers conferred by sub-section (9) of section 18 of the madhya pradesh general sales tax act, 1958 (no. 2 of 1959), the state government hereby extends upto 31st december, 1991 the period for completion of every such assessment proceeding in respect ..... . the notification issued by the state government extending the period for completion of assessment proceedings reads thus :--notification under section 18 (9) of sales tax act extending the period of limitation for assessments.no. a-3-42-90-st-v (101), dated the 16th october, 1990.--whereas the state government is ..... would apply to the aforesaid proceedings for diwali years 1979-80, 1980-81 and 1981-82 or not.12. section 18 (9) of the sales tax act reads thus :--18. (9) notwithstanding anything contained in sub-section (8) where assessment proceedings in respect of any dealer relating to any year can .....

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Sep 04 1959 (HC)

Madhavlal Manishanker Trivedi Vs. State of Madhya Pradesh

Court : Madhya Pradesh

Reported in : AIR1960MP269; 1960CriLJ1217

..... procedure, the trial court could not take cognizance of the offence against him. the contention has no force. the income-tax officer, jabalpur, in requiring income-tax practitioners to furnish evidence of their eligibility to practise as income-tax practitioners under section 61 of the income-tax act was not acting as a court but only administratively. as the notice (ex. p-1) itself showed, the information was being collected ..... the earliest opportunity. from ex. p-2 it does not appear that the evidence in support of the applicant's eligibility to practise under section 61 (2) (iv) of the income tax act had to be furnished within a particular time, and under the circumstances of the case, in my opinion, the courts would not be justified in considering the so-called delay ..... , even though the applicant admits that he was informed by the head clerk on 24th january 1952 to furnish proof of his eligibility to practise under section 61 of the income tax act. the second certificate (ex. p-7) was filed by the applicant on or about 24th may 1952. no explanation was asked from the applicant for the delay and consequently the ..... the applicant (accused) in the court of the special magistrate, jabalpur. the charge against him was that as he was not eligible to practise as an income-tax practitioner under section 61(2) (iv) of the income-tax act, he, in order to bolster up his false claim to practise under the said section, fraudulently used as genuine two forged certificates (exhibits p-4 and .....

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Feb 07 2002 (HC)

Madhya Pradesh Madhyam Vs. Commissioner of Income-tax and anr.

Court : Madhya Pradesh

Reported in : [2002]256ITR277(MP); 2002(3)MPHT162; 2002(4)MPLJ267

..... the above activities are clearly in the nature of commercial activities intended to earn profit and, therefore, you were/are not entitled for registration under section 12a of the income-tax act, 1961. your claim before the authorities below that you are like a state government department is also not correct because you are registered as a society under the madhya ..... . the petitioner is assailing the issuance of show-cause notice as to why registration be not cancelled under the provisions of section 12a read with section 12aa of the income-tax act, 1961. the petitioner was granted registration as charitable institution. the petitioner is an undertaking of the state of madhya pradesh according to the petitioner, it is undertaking charitable ..... , it is quoted below :'sub : show-cause notice for cancellation/withdrawal of registration under section 12a read with section 12aa of the income-tax act, 1961 --regarding.you had applied for registration under section 12a of the income-tax act, 1961, vide your application dated march 27, 1985. this application was entered at serial no. regn./bpl/3 of 1985-86 in the ..... activities in the very nature which are defined in section 2(15) of the income-tax act, 1961.2. the petitioner submits that this question was adjudicated by the income-tax department whether the petitioner can avail of such an exemption ; considering the nature of the activities while passing the assessment order for .....

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Sep 16 1980 (HC)

Commissioner of Income-tax Vs. Nathuabhai Desabhai

Court : Madhya Pradesh

Reported in : [1981]130ITR238(MP); [1982]49STC185(MP)

..... the facts and in the circumstances of the case, the tribunal was justified in holding that the amount of sales tax refund of rs, 76,578 is not taxable in the hands of the assessee under section 41(1) of the income-tax act, 1961 ?'11. the order of this court directing the tribunal to state the case and refer the question for the ..... the following question for ouropinion :'whether, on the facts found by the tribunal, section 41(1) of the income-tax act would be applicable and the amount of rs. 76,578 as sales tax refund is taxable ?'2. the assessee is a registered firm deriving income from wholesale business in tobacco. the assessment year in question is 1970-71, for which the accounting period ended ..... opinion of this court shows clearly that the only point raised at all stages was whether the amount of sales tax refund was taxable in the assessment year 1970-71, under ..... of the high court, the assessee during the accounting period credited its sales tax reserve account by rs. 76,578. the ito brought this amount to tax under section 41(1) of the i.t. act, 1961, the ito observed :'these sales tax amounts were, duly allowed as a deduction in its income-tax assessment in the past.'3. on the basis of this finding of .....

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Oct 01 2002 (HC)

In Re: Kranti Kumar Saxena

Court : Madhya Pradesh

Reported in : [2003]262ITR33(MP)

..... arguments as advanced by learned counsel for the parties appearing before me, it is necessary to quote the provisions of section 194a and section 204 of the income-tax act, 1961, which read as under : '194a. interest other than interest on securities.--(i) any person, not being an individual or a hindu undivided ..... none appeared on behalf of the claimants.5. shri r.l. jain submitted that under section 194a of the income-tax act, 1961, tax is to be deducted by the person responsible for paying any income by way of interest and has also placed reliance on a decision in the case of bal-deep singh v ..... court that firstly the executing court decided to deduct this amount and to credit it to the income-tax department but later on under section 194a of the income-tax act, 1961, it appeared to the court that tax on the amount of interest is to be deducted by the person who is actually responsible ..... discussions in the opinion of this court the answer to question (a) is that under section 194a of the income-tax act 1961, the tax deduction at source is permissible in respect of interest accrued on interest payable on enhanced compensation under sections 18 and 30 of the land ..... this act or the indian income-tax act, 1922 (11 of 1922), or the estate duty act, 1953 (34 of 1953), or the wealth-tax act, 1957 (27 of 1957), or the gift-tax act, 1958 (18 of 1958), or the super profits tax act, 1963 (14 of 1963), or the companies (profits) surtax act, 1964 (7 of 1964), or the interest-tax act, .....

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Oct 06 1975 (HC)

Commissioner of Income-tax Vs. Mahasamund Kissan Co-operative Rice Mil ...

Court : Madhya Pradesh

Reported in : [1976]103ITR499(MP)

..... market, and not otherwise. to give to the expression 'agricultural produce' such an extended meaning even where the cultivator has sold the produce, would be against the scheme of the income-tax act.11. it is no doubt true that the expression 'agricultural produce 'occurring in section 14(3)(i)(c) has not been defined. but the expression must, in our view, be ..... agricultural produce.'10. we are inclined to think that the enlarged meaning as given by the learned judges to the expression 'agricultural produce' in section 81(i)(c) of the income-tax act, 1961, does not seem to be correct. that extended meaning can be given only when the paddy is converted into rice by the cultivator himself with a view to make ..... and is converted into rice. but even after such conversion and change, rice remains in the class of ' agricultural produce '. the term 'agricultural produce' has not been defined in the income-tax act and, therefore, we have to adopt the meaning as commonly understood and incorporated in the dictionaries. 'wheat' and 'rice', etc., are such commodities which are commonly known as 'agricultural produce ..... marketable and, therefore, its conversion into rice, does not cease to bear the same meaning as agricultural produce within the meaning of section 14(3)(i)(c) of the indian income-tax act, 1922. the tribunal, accordingly, accepted the contention of the assessee, and directed that the proportionate profit on the sale of rice from paddy purchased from its members should be deducted .....

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Mar 23 1978 (HC)

Addl. Commissioner of Income-tax Vs. National Newsprint and Paper Mill ...

Court : Madhya Pradesh

Reported in : 1978MPLJ607

..... to the assessee's business. 10. placing reliance on the word 'inseparable' in clause (iii) of sub-section (2) of section 56 of the income-tax act, 1961, learned counsel for the commissioner of income-tax strenuously contends that clause (iii) would only apply in case of a composite lease, i.e., where an assessee lets on hire furniture belonging to him ..... employees and to the various government departments for furnishing the accommodation let out to them, should be treated as the assessee's business income chargeable under section 28 of the income-tax act, 1961, or not. though the income-tax appellate tribunal was not justified in refusing to make a reference on the ground that the question of law was purely academic, none ..... are clearly of the opinion that the receipts derived by the assessee from the hire of furniture was rightly held by the income-tax appellate tribunal to be taxable under section 28 of the income-tax act, 1961, as business income. it was not disputed before us that the furniture was let by the assessee to its employees for furnishing of the residential ..... accepted the contention of the assessee in the assessment year 1966-67. on further appeal, the income-tax appellate tribunal reiterated its earlier view. 6. feeling aggrieved, the commissioner of income-tax applied for a reference under section 256(2) of the income-tax act, 1961. the income-tax appellate tribunal, however, rejected the application on the ground that the department has all along treated .....

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Jan 15 1980 (HC)

Commissioner of Income-tax Vs. Jawahar Development Association

Court : Madhya Pradesh

Reported in : (1980)16CTR(MP)383; [1981]127ITR431(MP); 1980MPLJ514

..... the facts and in the circumstances of the case, the land sold by the assessee was agricultural land, the surplus on the sale of which was not chargeable to tax under the income-tax act, 1961 ? (2) whether, on the facts and in the circumstances of the case, the surplus of rs. 4,447,rs. 10,607, rs. 18,944 and rs. 6,851 ..... para. 12 of its order and is as follows :'the character of this land is clearly that of an agricultural land and hence any income from sale of a portion of this land cannot be taxed under the indian income-tax act. it is merely a return of the capital investment. this is the clear view which comes out from the facts of the case ..... land was subject to payment of land revenue, that it was agricultural in nature and the profit arising from sale of part of the land was exempt from income-tax under the i.t. act. the same stand was taken in a subsequent letter.9. the ito held that the purchase of land was with the intention of selling it later with profit ..... of law which we have set out above.12. in holding that the income as returned by the assessee was not chargeable to income-tax, the tribunal has laid great stress on the fact that the land was agricultural land and its sale was not chargeable to tax under the i.t. act, 1961 'irrespective of the fact whether the transactions made were or not .....

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Oct 29 2004 (HC)

Commissioner of Income-tax Vs. Makal Suta Cotton Co. P. Ltd.

Court : Madhya Pradesh

Reported in : (2005)198CTR(MP)675; [2005]275ITR54(MP)

..... substantial questions of law arise on the facts and circumstances of the case for consideration :(i) whether the income-tax appellate tribunal was justified in law in quashing the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 ?(ii) whether the income-tax appellate tribunal was justified in law in holding that the order passed by the assessing officer cannot be ..... r.v. raveendran, c.j.1. this appeal by the revenue under section 260a of the income-tax act, 1961 ('the act' for short), is against the order of the income-tax appellate tribunal, indore bench, dated march 26, 2004, in i. t. a. no. 502/ind of 2003 relating to the assessment year 1998-99.2. the business of the respondent- ..... said to be erroneous as well as prejudicial to the interests of the revenue in view of the detailed reasoning given by the commissioner of income-tax, while passing order under .....

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