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Judgment Search Results Home > Cases Phrase: income tax act Court: madhya pradesh Year: 1967 Page 1 of about 15 results (0.056 seconds)

Jan 31 1967 (HC)

Commissioner of Income-tax Vs. Hukumchand Mohanlal, Proprietor Hira La ...

Court : Madhya Pradesh

Decided on : Jan-31-1967

Reported in : AIR1967MP262

..... section 41(1) of the income-tax act 1961?' 2. the material facts are that one kanhaiyalal used to carry on business as selling agent of messrs mohanlal hargovinddas of jabalpur under the name and style of 'messrs ..... the like manner and to the same extent as the deceased. a similar provision occurred in section 24b of the income-tax act. 1922 in construing that provision the supreme court said in commissioner of income-tax bombay v. amarchand n. shroff : [1963]48itr59(sc) and commissioner of income-tax bombay v. james anderson : [1964]51itr345(sc) that section 24-b did not authorize the levy of ..... dixit, c.j. 1. this is a reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as the act) at the instance of the commissioner of income-tax. madhya pradesh, nagpur and bhandara the question which has been propounded by the tribunal for our decision is:-- 'whether the sum of rs. 24,341 was liable to lax under ..... the amount of rs. 24,341 received by hira laxmi can be taxed as personal income. 9. for these reasons our answer to the question referred to us is that the sum of rs. 24,841 received by hira laxmi is not liable to tax under section 41(1) of the income-tax act. 1961. the assessee shall have costs of this reference counsel's fee .....

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Aug 11 1967 (HC)

Commissioner of Income-tax Vs. Punjabhai Shah

Court : Madhya Pradesh

Decided on : Aug-11-1967

Reported in : AIR1968MP103; [1968]67ITR337(MP)

..... there was evidence before the tribunal to justify the finding that the assessee had not committed an offence under section 28(1)(c) of the indian income-tax act, 1922, or under section 271(1)(c) of the income-tax act, 1961. the reference can be disposed of on the short ground that no question of law arises from the order of the tribunal. be that ..... view taken by the tribunal about the assessee's explanation, the tribunal was justified in holding that the assessee could not be penalised under section 271(1)(c) of the income-tax act, 1961. we answer accordingly the question referred to us for decision. the assessee shall have costs of this reference. counsel's fee is fixed at rs. 200/-. ..... case no. 113 of 1962 d/- 14-9-1962 (mp) that the question whether the assessee concealed the particulars of of his income or whether he has committed an offence under section 28(1)(c) of the indian income-tax act, 1922, is a question of fact to be determined in the circumstances of the cast. the same proposition has been laid down in ..... been said that in view of the decision of the supreme court in c.a. abraham v. income-tax officer, kottayam : [1961]41itr425(sc) that additional tax imposed on the assessee for his contumacious conduct is 'designated as penalty', proceedings under section 28 of the indian income-tax act, 1922, cannot be regarded as penal proceedings. to the same effect is the decision in : [1966]59itr499 .....

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Nov 16 1967 (HC)

Madhya Pradesh Electricity Board Vs. Commissioner of Sales Tax

Court : Madhya Pradesh

Decided on : Nov-16-1967

Reported in : AIR1968MP163; [1968]21STC202(MP)

..... 80, which says that for the purposes of the indian income-tax act, 1922, the board shall be deemed to be a company within the meaning of that act and shall be liable to income tax and super-tax, accordingly on its income, profits and gains. there can, therefore, be no doubt ..... air 1964 mad 477) where it has been held that electricity is 'goods' for the purposes of the madras general sales tax act, 1959, and the central sales tax act, 1956. in that case, a single judge of the madras high court took the view that electricity is property and is ..... person a dealer, must be a business of buying, selling, supplying or distributing goods. section 2 (d) of the c. p. and berar sales tax act, 1947, defines 'goods' thus-' 'goods' means all kinds of movable property other ' than actionable claims, stocks, shares, securities or government stamps, and ..... that the assessee-board carries on the businesss of selling and supplying electricity as a trading operation with a view to earn profits. learned counsel for the assessee and the learned advocate general appearing for the commissioner of sales tax ..... sport or pleasure.section 67 of the aforesaid act lays down that the revenues of the board shall, after meeting its operating, maintenance and management expenses and after provision has been made for the payment of taxes on its income and profits, be distributed as far as .....

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Dec 07 1967 (HC)

Commissioner of Income-tax, M.P. Vs. Dr. Fida HussaIn G. Abbasi.

Court : Madhya Pradesh

Decided on : Dec-07-1967

Reported in : [1969]71ITR314(MP)

..... for investment in the shares of ratlam straw board mills (private) ltd., which did not yield any dividend income, is allowable as deduction under section 12 of the income-tax act, 1922 ?(2) whether, on the facts and in the circumstances of the case, the amount of rs. 9,422 credited to the account of the ..... on an application made by the commissioner of income-tax, the income-tax appellate tribunal, bombay, has referred, under section 66(1) of the indian income-tax act, 1922, the following questions of law for the opinion of this court :'(1) where, on the facts and in the circumstances of the case, the interest paid on loans borrowed ..... opinion that it could not have been referred to this court without an application duly made by the assessee under section 66(1) of the act. we had occasion to consider an identical question in commissioner of income-tax v. jiwaji rao sugar co. ltd. (miscellaneous civil case no. 195 of 1964 dated may 3, 1966). we stated :'so far as the second ..... the departmental representative objected to the question on the ground that the assessee had not made any application under section 66(1) of the act within time, the tribunal, relying upon girdhardas & co. ltd. v. commissioner of income-tax, included the second question too in the reference made by it.in regard to the first question, we are of opinion that the view .....

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Sep 25 1967 (HC)

Gopalkishan Son of Bhimsen Sachdeva and anr. Vs. the Sales Tax Officer ...

Court : Madhya Pradesh

Decided on : Sep-25-1967

Reported in : [1968]21STC109(MP)

..... made against a dead person, the assessment shall be deemed to be the assessment of the legal representatives. a similar provision was made in section 24-b of the indian income-tax act, 1922, wherein it was provided that where a person dies before the publication of the notice referred to in sub-section (1) of section 22 or before he is served ..... , was dead. in our opinion, the notice was defective. as such a notice is a condition precedent for action under section 34 of the income-tax act, the assessment cannot be made.in this view of the matter, the income-tax officer was prohibited from making an assessment on the strength of the notice and an appropriate writ was issued. in the present case also ..... providing that on the legal representative being deemed to be a dealer, the provisions of act would apply. there is, therefore, no material difference between section 24-b of the income-tax act and section 33-b of the m.p. general sales tax act.7. in sk. abdul kadar v. income-tax officer a.i.r. 1959 m.p. 101 a division bench of this court held ..... 22 or under section 34, as the case may be, comply'therewith, and the income-tax officer may proceed to assess the total income of the deceased person as if such executor, administrator or other legal representative were the assessee. no doubt, under section 24-b of the income-tax act, a specific provision has been made for issuing a notice to the legal representative. but .....

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Jan 31 1967 (HC)

Commissioner of Income-tax, M. P. Vs. Hukumchand Mohanlal.

Court : Madhya Pradesh

Decided on : Jan-31-1967

Reported in : [1967]64ITR341(MP)

..... pradesh, nagpur and bhandara. the question which has been propounded by the tribunal for our decision is :'whether the sum of rs. 24,341 was liable to tax under section 41(1) of the income-tax act, 1961 ?'the material facts are that one kanhaiyalal used to carry on business as selling agent of messrs. mohanlal hargovinddas of jabalpur under the name and style ..... not authorise the levy of tax on receipts by the legal representative of a deceased person in the year of assessment ..... whether the amount of rs. 24,341 received by hira laxmi can be taxed as personal income.for these reasons, our answer to the question referred to us is that the sum of rs. 24,341 received by hira laxmi is not liable to tax under section 41(1) of the income-tax act, 1961. the assessee shall have the costs of this reference. counsels fee ..... have been liable to pay under the act if he had not died' and in the like manner and to the same extent as the deceased. a similar provision occurred in section 24b of the income-tax act, 1922. in construing that provision the supreme court said in commissioner of income-tax v. amarchand n. shroff and commissioner of income-tax v. james anderson, that section 24b did .....

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Nov 27 1967 (HC)

C.S. Angre Vs. Commissioner of Wealth Tax

Court : Madhya Pradesh

Decided on : Nov-27-1967

Reported in : AIR1968MP168a; [1968]69ITR336(MP); 1968MPLJ135

..... and thus covering information as to the relevant judicial decisions. the provisions of section 17(1)(b) of the wealth-tax act, 1957, are similar to section 34 (1)(b) of the income-tax act, 1922. the word 'information' oc-curing in section 17(1)(b) must, therefore, be construed in the same way as ..... is not an assessee within the meaning of the income-tax act, the valuation date for the purposes of the act shall be the 31st day of march immediately preceding the assessment year;(iii) where an assessment is made in pursuance of section 19a ..... the supreme court did in regard to the use of the word in section 34(1)(b) of the income-tax act, and it must be held that the wealth-tax officer was justified in reopening the assessment when he learnt of the decision of the appellate tribunal, allahabad bench, in the case of ..... : [1959]35itr1(sc) . in that case the supreme court construed 'informa-tion' for the purpose of section 34(1)(b) of the indian income-tax act, 1922, as not limited to factual information but as inclu-ding information leading to his belief as to the true and correct state of the law ..... that year provided that --(i) where in the case of an assessee there are different previous years under the income-tax act for different sources of income, the valuation date for the purposes of the act shall be the last day of the last of the previous years aforesaid:(ii) in the case of a person who .....

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Aug 25 1967 (HC)

UjjaIn General Trading Society (P.) Ltd. Vs. Commissioner of Income-ta ...

Court : Madhya Pradesh

Decided on : Aug-25-1967

Reported in : [1968]67ITR315(MP)

..... under section 66 (1) of the indian income-tax act, 1922, has been made by the income-tax appellate tribunal, delhi, at the instance of the assessee, ujjain general trading society (p.) ltd., gwalior. the question which has been referred to us for decision is :'whether, on the facts and in the circumstances of the case, the dividend income of the assessee-company should be taken ..... on the shares held by the assessee-company in the pilani company. this position was in accord with the decision of the supreme court in kantilal manilal v. commissioner of income-tax, where it has been held that 'dividend need not be distributed in money; it may be distributed by delivery of property or right having monetary value'. the controversy in this ..... hereby approved and made payable to those shareholders whose names stand on the register of members on the 19th day of november, 1958, @ 00.40 np. per share (free of income-tax) in the shape of :one ordinary share of gwalior rayon silk mfg. (wvg.) co. ltd. for every 35 shares of the company at the rate of rs. 10 eachplusone ordinary ..... ltd. at rs. 10 and rs. 125 per share, respectively, as per the resolution dated 18th november, 1958, of the pilani company declaring dividend. the income-tax officer, gwalior, however, took the view that the assessees income from dividend from its shares in the pilani company should be calculated taking the market value of the shares of the gwalior rayon and the hind .....

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Nov 29 1967 (HC)

Singhai Nathuram Shrinandanlal Vs. Commissioner of Wealth-tax, M.P.

Court : Madhya Pradesh

Decided on : Nov-29-1967

Reported in : [1968]69ITR484(MP)

..... they constitute a class by themselves. the expression 'hindu undivided family' is a familiar one.under the indian income-tax act, the hindu undivided family is assessed to income-tax and super-tax as a distinct entity or a unit of assessment. the rigour of the law taxing an undivided family just as an individual is mitigated by special provisions granting a higher ceiling of deduction on ..... -tax is mitigated by a larger initial margin of wealth being made exempt from the payment of ..... account of insurance premia and by a larger initial margin of income exempt from income-tax. the wealth-tax act follows the same pattern and the rigours of a higher burden of wealth ..... under section 27(1) of the wealth-tax act, 1957 (xxvii of 1957), the income-tax appellate tribunal, bombay, has, at the instance of the assessee, referred to this court for its opinion the following question of law :'whether the wealth-tax act in so far as it levies tax on hindu undivided family, is ultra vires the powers of parliament and is it discriminatory in .....

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Dec 12 1967 (HC)

Bhopal Sugar Industries Ltd. Vs. Commissioner of Income-tax, M. P.

Court : Madhya Pradesh

Decided on : Dec-12-1967

Reported in : [1968]70ITR403(MP)

..... and referred to this court for its opinion the following question of law :'whether, on the true construction of rule 23 of the rules framed under the indian income-tax act, 1922, and the government notification no. s. r. o. 3419 dated november 22, 1955, the rebate allowed under that notification can be taken into account ..... the question referred to us itself shows, it has to be determined upon a construction of rule 23 of the rules framed under the indian income-tax act, 1922, and the government notification no. s. r. o. 3419, dated november 22, 1955. the relevant provisions of rule 23 are :'(1) in the ..... . being aggrieved, the department took the matter to the tribunal, which set aside the orders passed by the appellate assistant commissioner and affirmed those of the income-tax officer. as already indicated, this reference was then made at the instance of the assessee who had, upon refusal by the tribunal, moved this court for ..... growers at the various outlying centres. according to the income-tax officer, this came to rs. 1-4-11-15 per maund for the year 1956-57 and rs. 1.312 per maund for the year 1957 ..... maund at the factory gate, with a rebate for purchase at the outlying centers to the extent of a maximum of 3 annas per maund, the income-tax officer took the view that the market value had to be computed at the rate fixed by the aforesaid assessee for purchases made by it from other .....

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