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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1961 Page 1 of about 48 results (0.039 seconds)

Jul 25 1961 (HC)

Gopi Mal Kuthiala Charitable Trust Vs. Income-tax Officer Special Circ ...

Court : Punjab and Haryana

Decided on : Jul-25-1961

Reported in : AIR1962P& H41; [1962]46ITR436(P& H)

..... ) in view of the foregoing discussion, in my opinion, no good and cogent ground has been made out in this case for by-passing the normal procedure prescribed by the income-tax act and for inducing this court to hold an inquiry in proceedings for a prerogative writ under article 226 of the constitution. it is apparent that the respondent will decide the ..... present proceedings. after addressing arguments for some time the counsel ultimately summarised his contention by stating that his case falls within the purview of s. 4(3)(i) of the income tax act and not of s.4(3)(i) provision (b) as is claimed by the revenue. he maintains that under s. 4(3)(i) the question which falls for determination is ..... of lala gopi mal kuthiala charitable trust to this court and to quash the notice dated the 4th march 1959 issued to the petitioner under section 22(2) of the income-tax act by the respondent. (2) it is stated in the petition that as soon as the notice was issued, a writ petition was filed in this court on 5th august 1959 ..... has threatened to proceed ex parte against the petitioner. i may here mention that the impugned notice under s. 22(2) of the income tax act is obviously meant to call upon the petitioner to make a return of its income, and the notice relates to the assessment year 1958-59. (4) in the reply filed on behalf of the respondent the counsel for .....

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Sep 08 1961 (HC)

Shahzada Nand and Sons and ors. Vs. Central Board of Revenue and ors.

Court : Punjab and Haryana

Decided on : Sep-08-1961

Reported in : AIR1962P& H74; [1962]45ITR233(P& H)

..... either directly or indirectly. an attempt was made by shri awasthy to refer to the objects and reasons of the amending bill in pursuance of which section 34 of the income-tax act was amended in 1956. in my opinion, it is hardly permissible to refer to them in the instant case and indeed the learned counsel also failed to convince us as ..... to them. (9) the answer to the question referred really depends on the construction to be placed on section 34(1)(a) and on section 34(1-a) of the income-tax act. it is, in the circumstances, necessary to reproduce section 34 in its entirety so that we may have a complete picture of the scheme of this section: '34(1) if ..... within the prescribed time. so far, the decision of the appellate tribunal was in favour of the assessee. it appears that the parliament in 1956 amended section 34 of the income-tax act and omitted the time-limit of eight years from clause (a), sub-section (1) of section 34. taking advantage of this amendment which, according to the department is retrospective in ..... ' ward and the case of the hindu undivided family, messrs. shahzada nand and sons, petitioner no. 1, was transferred to his file. shri basanti, thereupon, issued notices under section 34, income-tax act, to the petitioners. these notices, though purporting to be dated 26th march 1954, were, according to the petition, in fact served on the petitioners on and after 3rd of april .....

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Nov 14 1961 (HC)

Commissioner of Income-tax, Punjab, Jammu and Kashmir and Himachal Pra ...

Court : Punjab and Haryana

Decided on : Nov-14-1961

Reported in : AIR1962P& H318; [1962]45ITR248(P& H)

..... head.'the view can be effectively controverted by what was observed by chagla, c. j. in the bombay judgment with regard to the process of computation as understood by the income-tax act which is antecedent to the right to the assessee to claim any set-off under section 24. according to the learned chief justice, the question of set-off under section ..... up for consideration before a bench of the bombay high court consisting of chagla, c. j. and tendolkar, j. in keshavlal premchand v. commr. of income-tax, bombay : air1957bom20 , and after examining the relevant provisions of the income-tax act, 1922, and bearing in mind the principles relevant for determining the proper function of a proviso, the following view was expressed: 'it is clear, therefore ..... on behalf of the assessee. (6) the learned counsel for the commissioner of income-tax has called out attention to the changes which have been introduced in the income-tax act, 1961 which has been enacted to consolidate and amend the law relating to income-tax and super-tax. it is pointed out that the act of 1922 had several anomalies and its provisions were to be found in .....

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Dec 05 1961 (HC)

Shreeram Durgaprasad, Tumsar Vs. Union of India and ors.

Court : Punjab and Haryana

Decided on : Dec-05-1961

Reported in : AIR1962P& H360

..... raised before the division bench was that since proceedings under section 23(3) of the income-tax act were quasi-judicial, because in the latter case, too, there was the question of assessment to be made in respect of a commodity exported or imported and there was a ..... the observations made by chagla, c. j. therefore, a distinction in form was made by the bombay high court between proceedings under section 23(3) of the income-tax act and proceedings under the sea customs act; in substance, the requirements of natural justice were to be observed in both cases. (10) i may also refer to a decision of the king's bench ..... and should further give him ample opportunity to meet it, if possible.'(9) the bombay high court sought to distinguish proceedings under section 23(3) of the income-tax act from proceedings under the sea customs act. the matter came up before a division bench of the bombay high court in glaxo laboratories (india) private ltd. v. a.v. venkateswaran : air1959bom372 , and the argument ..... was also placed upon two decisions relating to section 23(3) of the income-tax act. the first of these is gunda subbayya v. commissioner of income-tax, madras : [1939]7itr21(mad) , in which the following principles were laid down: 'though there is nothing in the act which imposes a duty on an income-tax officer who makes an assessment under section 23(3) in such circumstances to .....

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Dec 29 1961 (HC)

L. Banarsi Dass Janki Dass and anr. Vs. Income-tax Officer B-iii Distr ...

Court : Punjab and Haryana

Decided on : Dec-29-1961

Reported in : AIR1962P& H375; [1962]46ITR633(P& H)

..... sufficient. to a similar effect is a division bench judgment of the bombay high court in b. m. desai v. v. ramamurthy : [1958]34itr409(bom) , 'that section 44 of the income-tax act applied not on the discontinuance of a firm but on the discontinuance of the business of the firm.'in the present case it is urged that there was no discontinuance ..... rs. 6,644/-. on 8th of august, 1946, the partners were assessed separately under clause (a) of sub-section (5) of section 23 of the indian income-tax act (hereinafter called the act). banarsi dass on an income of rs. 9,352/- which comprised his share in the profits of the firm while his brother phool chand on rs. 18,105/-, which also included his ..... affixation. reliance has also been placed on behalf of the petitioner on a supreme court decision in y. narayana chetty v. income-tax officer, nellore : [1959]35itr388(sc) , wherein it was held that 'the notice prescribed by section 34 of the income-tax act for the purpose of initiating reassessment proceedings is not a mere procedural requirement; the service of the prescribed notice on the ..... cases in which an assessee moves the high court under article 226 immediately after the receipt of notice and where he waits till the assessing authorities have made assessments. the income-tax act itself provides remedies for wrong assessments and it seems to me that once an assessee has chosen to prefer his remedies under the .....

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May 17 1961 (HC)

Kaka Ram Sohanlal and ors. Vs. Firm Thakar Das Mathra Das and ors.

Court : Punjab and Haryana

Decided on : May-17-1961

Reported in : AIR1962P& H27

..... defendant-firm, exhibit p. 52, which rs. 500/- were stated to have been paid as interest to the plaintiff-firm, was inadmissible in evidence under section 54 of the indian income-tax act, 1922, and relied on anwar ali v. tafozal ahmed, air 1925 rang 84, and devi datt ramniranjandas v. shriram narayandas, air 1932 bom, 291. in the first place, this ..... aforesaid statements contained in the order of assessment.' moreover, it was also held in naim singh v. tikam singh, (s) air 1955 all 388, 'section 54, income-tax act, does not prohibit the assessee or assessees themselves to require the income-tax officer to furnish certified copies of the assessment order, or of any statement made therein in the proceedings held before him. indeed, the ..... that subsequent copies may be supplied on payment of charges. the returns are public documents within the meaning of s. 74, evidence act, and hence the certified copies of the income-tax return are admissible in evidence under section 76, evidence act.' this contention of the learned counsel for the appellants is without any force.(18) as regards point (vii), the trial court believed ..... a certified copy of an order of assessment which has been given to one of the partners by the income-tax authorities and which contains certain statements by other partners when those statements are otherwise relevant under the provisions of the evidence act. the provisions of section 26a indicate that it was not the policy of the legislature to preclude from the .....

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Mar 20 1961 (HC)

Rohtak and Hissar Districts Electricity Supply Co. Ltd. Vs. Commission ...

Court : Punjab and Haryana

Decided on : Mar-20-1961

Reported in : [1962]45ITR539(P& H)

..... 2,51,576 to the assessee in terms of clause (vii) of sub-section (2) of section 10 of the indian income-tax act (hereinafter to be referred to as the act) as the amount for which the plant and machinery which was used for distribution side of the assessees business was sold exceeded ..... of the supreme court held :'the words used for the purposes of the business in section 10(2) (iv) of the indian income-tax act, 1922, mean used for the purpose of enabling the owner to carry on the business and earn profits in the business. in ..... electrical energy to the consumers was profit of the assessee chargeable to tax under section 10(2) (vii) of the income-tax act ?'the facts as they appear from the statement of case and from the order of the delhi bench of the income-tax appellate tribunal as well as the order of the appellate assistant ..... tribunal. reliance was, however, placed on an unreported ruling of the bombay high court in gujerat ginning & . v. commissioner of income-tax. this is published at page 340 of unreported income-tax judgments of the bombay high court, book one, as published by the western india regional council of the institute of chartered accountants ..... the income-tax appellate tribunal delhi bench, confirmed the treatment accorded to the said receipt and dismissed the assessees appeal against the order of the appellate assistant commissioner. the assessee required the tribunal to refer the question of law and that is how the matter is before us.section 10 of the act, so .....

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Jan 25 1961 (HC)

Commissioner of Income-tax Vs. Benarsi Das and Company.

Court : Punjab and Haryana

Decided on : Jan-25-1961

Reported in : [1962]44ITR835(P& H)

..... for the work done for the firm. for the assessment year 1955-56 an application was made for registration of the partnership firm under section 26a of the indian income-tax act. the income-tax officer declined to grant registration on the ground that the object of the firm was unlawful and the partnership contract under which the firm was constituted was wholly void. the ..... to see how the tribunal could properly apply the law laid down there to the facts of the present case which is one of registration under section 26a of the income-tax act which was not one of the matters which had to be decided by chitty j. even if the partnership was not per se unlawful, it cannot be said that it ..... mohideen sahib & co. v. commissioner of income-tax [[1950] 18 i.t.r. 200.], where seven persons executed an instrument of partnership for ..... was seeking to become a party to contravention of section 4 of the act by the other partners. it is submitted that the whole object of the partnership being such that violation of the provisions of the act and the rules was involved or would necessarily result therefrom, the income-tax officer was fully justified in disallowing registration. our attention has been invited to .....

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Mar 28 1961 (HC)

Seth Harish Chandra Vs. Union of IndiA.

Court : Punjab and Haryana

Decided on : Mar-28-1961

Reported in : [1962]46ITR442(P& H)

..... the date of the service of the notice. it would be seen that this decision was given by the high court on a reference under section 66(1) of the income-tax act and the question of filing a suit in a civil court regarding this matter was not involved in this authority and as such it has no application to the facts ..... was placed on state of tripura v. province of east bengal for holding that an illegal threat to assessment could be challenged otherwise than by the machinery provided by the income-tax act. it would be seen, therefore, that this case also does not help the support of his other submissions, learned counsel for the appellant further relied on johilla coalfields ..... and were, consequently, ineffective and inoperative against him.a preliminary objection was taken by the defendant that the suit was barred under the provisions of section 67 of the indian income-tax act. this objection found favour with both the courts below and the suit was, consequently, may be mentioned that sohan mal golcha died during the pendency of the litigation ..... contention that the assessment orders were without jurisdiction on the grounds mentioned above, there is no force in the same because the income-tax authorities by virtue of the provisions of section 3,23(5),26 and 44 of the income-tax act are authorised to determine the partners of the assessee firm and fix their liability.the procedure regarding service of notices is given .....

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Feb 17 1961 (HC)

Maharaja Shri Umaid Mills Ltd. Vs. Income-tax Officer, Central Circle ...

Court : Punjab and Haryana

Decided on : Feb-17-1961

Reported in : [1962]44ITR303(P& H)

..... 78a of c. b. r.s notification dated the 24th of january, 1955, the present proceedings are being started under section 34(1)(a) of the income-tax act to tax the aforesaid income.'4. as the income from all the sources mentioned above which has escaped assessment works out to be more than one lakh of rupees in the aggregate, the central board of ..... the government of india), which far exceeded rupees one lakh in each year. income from the above sources is clearly tax-able under the indian income-tax act.'3. as the original assessments made by the income-tax officer, ajmer, have been vacated by the commissioner of income-tax, delhi, under section 33b of the income-tax act and since the jurisdiction on the case at present vests with me under item ..... no. 445d of 1958) and 1948-49 and 1949-50 (petition no. 5d of 1958), and although in all the petitions the reassessment of the companys income under section 34(1)(a) of the indian income-tax act is challenged, the position is somewhat different regarding the different assessment years.three of the years, covering the period 1944-47, fall into one group. assessments .....

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