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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1958 Page 1 of about 27 results (0.038 seconds)

Apr 24 1958 (HC)

Ramji Das Rikhiram Jagadhari Vs. Commissioner of Income-tax, Punjab, P ...

Court : Punjab and Haryana

Decided on : Apr-24-1958

Reported in : AIR1958P& H479

..... .6. a question at once arises: how should a partnership, which was established under an oral agreement, proceed if it wishes to claim the benefit of section 26a of the income-tax act? the answer is simple. as partnerships are formed by the mutual agreement of all parties they may be altered, modified or dissolved by like agreement. if therefore a partnership which ..... may be oral or in writing or it may be express or implied, but an agreement must precede the creation of the relationship. the element of agreement is fundamental. the income-tax act does not take notice of any partnerships which come into existence as the result of an oral agreement; it recognises only partnerships which are constituted under an instrument of partnership ..... be a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. the indian income-tax act does not take notice of any partnerships which come into existence as the result of an oral agreement, for section 26a provides quite clearly that application can be ..... writing in october 1948 was one constituted under an instrument of partnership within the meaning of those words in section 26a and entitled to registration for the purposes of the income-tax act for the assessment year 1949-50?' 2. although it is difficult to give a definition of partnership which is accurate, comprehensive and exclusive, a partnership may be stated broadly to .....

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Mar 25 1958 (HC)

S. Kuldip Singh and anr. Vs. the Tehsildar and anr.

Court : Punjab and Haryana

Decided on : Mar-25-1958

Reported in : AIR1958P& H244; [1958]34ITR164(P& H)

..... 7. it, therefore, follows that if the defaulter is a legal entity and not a natural person then the amount of duos under the income-tax act cannot be recovered as arrears of land revenue by arrest, detention or confinement in jail. when the defaulter is a hindu undivided family the dues ..... is that a joint hindu family consists of its members and all the members jointly and severally are personally liable to pay the dues under the income-tax act, and therefore section 67 (b) and section 69 are applicable. now a warrant of arrest can be issued only to a defaulter. this expression ..... say that it is realisable from the petitioners individually.4. admittedly the amount for which an assessing entity becomes liable to pay under the income-tax act is a debt due to the government. section 46 prescribes various modes by which this amount may be recovered and to achieve this object ..... and detention.3. now under section 2, sub-clause (9) of |the income-tax act, a person includes a hindu undivided family. accordingly a hindu undivided family is an entity for assessment. the petitioners with other members constitute a hindu ..... . the question that requires determination in this case is whether the amount mentioned in a certificate sent under section 46(2) of the indian income-tax act for recovery of the amount due from the joint hindu family as arrears of land revenue could be recovered from the individual coparcener by arrest .....

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Jul 31 1958 (HC)

R.B.L. Benarasi Dass and Co. Ltd. Vs. Income Tax Appellate Tribunal, D ...

Court : Punjab and Haryana

Decided on : Jul-31-1958

Reported in : AIR1959P& H42

..... v. yodh raj bhalla (a). my lord the chief justice dealing with an identical point in that case observed :'the language of section 66 of the indian income-tax act, 1922, makes it quite clear that a reference sunder sub-section (1) can be made in respect of an appellate order under section 33(4). as the ..... has had the occasion to consider a similar question, though under somewhat different circumstances, in balbhadhar mal v. commr. of income-tax, punjab (d). in that case, an appeal presented by the assessee under section 33 of the income tax act was dismissed by the appellate tribunal for default of the appellant's appearance.on being informed of the order, the assessee ..... above decision of the tribunal, based as it was on a wrong assum-tion of fact, the assessee submitted an application under section 35(2) of the income-tax act for rectification of the mistake.the same day, on 21-7-1949, the assessee submitted another application under section 66(1) of the said ..... its view i am not inclined to agree.6. the other two questions evidently arise out of the order of the tribunal under section 35 of the income-tax act. with respect to them, an objection is taken that they cannot be required to be re-ferred under section 66(2) of the ..... g.l. chopra, j.1. this is a petition under section 66(2) of the income-tax act for an order requiring the income-tax appellate tribunal, bombay bench 'a'' camp, delhi, so state a case and refer certain questions of law which allegedly arise out of two orders of the .....

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Jan 30 1958 (HC)

Firm H.R. Luxman and Co. Vs. Income-tax Officer, E. Ward, Amritsar and ...

Court : Punjab and Haryana

Decided on : Jan-30-1958

Reported in : AIR1958P& H395; [1958]34ITR113(P& H)

..... a firmmessrs. netherland trading society, calcutta, owed some money to the assessees and in exercise of the powers vested in the income-tax officer by section 46 (5-a) of the income-tax act the income-tax officer sent a notice to the said firm saying that the assessed amounts were due from the petitioners and that the sums owed ..... and have prayed for a writ of mandamus to issue to the respondent enjoining upon him to withdraw his notice under section 46 (5-a) of the income-tax act. they have also prayed for a writ in the nature of certiorari to issue for quashing the proceedings so far taken in that direction. the main ..... the order must be treated to be one without jurisdiction and inoperative. the commissioner has no power at all under any section of the income-tax act or any other law to remit any amount out of the assessment made as long as the assessment stands. under section 33-a of the ..... act, he has, no doubt, the power to revise the various orders of the income-tax officers, but he cannot remit an amount when the assessment is allowed to stand. it is a well known principle ..... recovered from them regarding which action under section 46(5-a) could be taken. the petitioners also allege that the income-tax officer could not issue a fresh certificate under section 46(2) of the act in view of the provisions of section 46(7). 3. the case was contested by the department inter alia on .....

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Apr 22 1958 (HC)

Escorts (Agents) Private Ltd. Vs. Commissioner of Income-tax and anr.

Court : Punjab and Haryana

Decided on : Apr-22-1958

Reported in : AIR1959P& H364

..... question for consideration and that is whether the demand for advance payment of tax from the petitioner by respondent no. 2, the income tax officer, companies circle iii and central circle 1(1). new delhi, by his order, dated november, 1, 1957, under section 18a(a) (1) of the indian income tax act no. (xi), 1922, based on a provisional assessment, of the latest previous ..... year, under section 23b of the act, is a valid and legal demand?2. respondent no. i to the petition is the commissioner of ..... a provisional assessment under section 23b of the act there is no total income assessed for the purposes of income-tax, so no super tax can be chargeable as advance super-tax as required by section 15a (1) (a) of the act because super-tax only becomes chargeable on die total income assessed for the purposes of income tax. section 56 of the act reads:--'section 56 except in cases to which ..... with reference to the provisions of section 18 a(1) (a) of the act nor that of the commissioner of income-tax exercising powers of revision and affirming the order of the income-tax officer.12. in consequence this petition succeeds and the impugned orders both the income-tax officer and the commissioner of income-tax are quashed, in the circumstances of the case there is no order as .....

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May 07 1958 (HC)

Rajkishen Prem Chandra JaIn Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : May-07-1958

Reported in : AIR1959P& H63; [1959]35ITR590(P& H)

..... to continue the meaning of the expression 'sold' appearing in section 10(2)(vii) of the income-tax act and not the meaning of the expression 'profits and gains' appearing insection 10 (i) of the said act. 4. the contention that profits can arise only when the sale price exceeds the purchase price appears ..... of rs. 3,27,840/- over and above the written down value of the plant. the taxing authorities treated the excess as assessee's pro-fit under section 10(2)(vii) of the indian income-tax act 1922, which provides that profits and gains in respect of any building, machinery or plant which has ..... 1. this is a reference under section 66(1) of the indian income-tax act. 2. a plot of land belonging to the assessee, who was carrying on real estate business, was acquired by government under the provisions of the land acquisition act 1894. as the amount of compensation paid to the assessee was in ..... -trade at rather an earlier stage of the process than was the case with ordinary sales.' 5. in raghuvanshi mills ltd., bombay v, commr. of income-tax, bombay city 0043/1952 : [1952]22itr484(sc) , the assessee company had insured its mills with certain insurance companies and had also taken out certain ..... excess of the amount which was actually spent by him, the income-tax officer treated the excess as the assessee's income for the account year in which it was received, .....

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Mar 04 1958 (HC)

The Hoshiarpur Electric Supply Co. Vs. Commissioner of Income-tax, Sim ...

Court : Punjab and Haryana

Decided on : Mar-04-1958

Reported in : AIR1958P& H393; [1958]33ITR686(P& H)

..... it is in the circumstances unnecessary to enter into a discussion of those cases.it is, however, useful to remember that section 10 of the indian income-tax act makes all profits and gains of 'any business, profession or vocation taxable', and the only other provision in section 10 is that, while computing such profits ..... s. dulat, j.1. this is a reference under section 66(1) of the indian income-tax act and the facts giving rise to it are these. the hoshiarpur electric supply company holds a licence under the indian electricity act for the generation and supply of electricity in certain areas. for the transmission of electricity the ..... venture but a part of its business. in the patna case much reliance was placed on a decision of the bombay high court reported as commr. of income-tax v. poona electric supply co. ltd., air 1947 bom 263 (c). a reference to the report of that case, however, shows that the facts ..... profit.6. mr. mahajan's entire argument rests on a decision of the patna high court in mangy electric supply co. ltd. v. comer. of income-tax, air 1954 pat 471 (b), in which case the facts were similar to the facts of the present case, and the patna high court concluded that ..... and contended that these service-lines are the property of the individual consumers who pay for them which view seems to have been accepted by the income-tax appellate tribunal also.3. no evidence was actually called by either party in this case in support of their respective pleas, and we have been .....

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Aug 29 1958 (HC)

Commissioner of Income-tax, Delhi, Ajmer, Rajasthan and Madhya Bharat ...

Court : Punjab and Haryana

Decided on : Aug-29-1958

Reported in : AIR1959P& H415

bishan narain, j.1. on the application of the commissioner of income-tax, the income-tax appellate tribunal (delhi branch) has drawn up the case and has referred the following question to this court under section 66 (1) of the indian income-tax act :'whether on the facts and in the circumstances of the case, the assessee partap chand's male issue by his marriage solemnised in ..... 1947 under the special marriage act of 1872 on his declaring that he did not profess the hindu religion, acquired an interest ..... and it is neither concerned with nor makes any provision relating to succession to property by those hindus who get married under this act. this is also indicated by the preamble of the act.6. the learned counsel for the income-tax commissioner frankly conceded that all these decisions run contrary to the contention advanced by him. he, however, challenged the soundness of these ..... sound rule of construction to construe a social piece of legislation enacted in 1872 by the provisions of an act on the same subject passed after 30 years without specific modification or amendment in the subsequent enactment. the learned counsel for the income-tax commissioner, however, relied on the rule of construction laid down in the house of lords' decision reported in .....

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Apr 24 1958 (HC)

Ramji Dass Rikhi Ram Vs. Commissioner of Income-tax Punjab Pepsu H P a ...

Court : Punjab and Haryana

Decided on : Apr-24-1958

Reported in : [1958]34ITR483(P& H)

..... created.a question at once arises : how should a partnership, which was established under an oral agreement, proceed if it wishes to claim the benefit of section 26a of the income-tax act the answer is simple. as partnerships are formed by the mutual agreement of all parties they may be altered, modified or dissolved by like agreement. if therefore a partnership which ..... may be oral or in writing or it may be express or implied, but an agreement must precede the creation of the relationship. the element of agreement is fundamental. the income-tax act does not take notice of any partnership which comes into existence as the result of an oral agreement. it recognises only partnership. if, therefore, any person wish to take advantage ..... be a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. the indian income-tax act does not take notice of any partnerships which come into existence s the result of an oral agreement, for section 26a provides quite clearly that application can be ..... writing in october, 1948, was one constituted under an instrument of partnership within the meaning of those words in section 26a and entitled to registration for the purpose of the income-tax act for the assessment years 1949-50 ?'although it is difficult to give a definition of a partnership which is accurate, comprehensive and exclusive, a partnership may be stated broadly to .....

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May 06 1958 (HC)

Kundan Lal Vedi Vs. Commissioner of Income-tax.

Court : Punjab and Haryana

Decided on : May-06-1958

Reported in : [1958]34ITR414(P& H)

..... lal vedi as representing his late father rai bahadur dr. hari ram, in the following circumstances. on the 27th of march, 1951, the income-tax officer, contractors circle, new delhi, issued a notice under a section 34 of the income-tax act to the assessee by which he proposed to re-open the assessment for the year 1942-43 on the ground that he had ..... assessee had been properly served with a notice, and this finding was upheld in turn by the appellate assistant commissioner and the income-tax appellate tribunal.the assessee then applied to the tribunal under section 66(1) of the act for the case to be started to this court on the question whether the assessee had been properly served with a notice. this ..... the absence of the assessee or any one on his behalf the assessment was completed by the income-tax officer under section 23(4) on 22nd june, 1951. in the following month the assessee filed an application before the income-tax officer under section 27 of the act praying for cancellation of the assessment order under the provisions of section 23(4) on the ground ..... reason to believe that on account of omission or failure on the part of the assessee to disclose full and true facts necessary for assessment for the year in question income-tax had been under .....

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