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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1963 Page 1 of about 31 results (0.111 seconds)

Oct 31 1963 (HC)

Jodha Mal Ghungar Mal and ors. Vs. Commissioner of Income-tax, Simla ( ...

Court : Punjab and Haryana

Decided on : Oct-31-1963

Reported in : AIR1965P& H257; [1964]53ITR655(P& H)

..... to be a partnership between the firm ab as such and c and d, it was not legally a firm under the indian partnership act or under the indian income-tax act. the partnership could not be construed as a partnership between a and b as individuals, and c and d, as it was specifically ..... kanniappa naicker's case : [1937]5itr49(mad) reads as follows:'a partnership cannot be registered as a firm under section 26-a of the indian income-tax act, where the instrument of partnership does not specify on the face of it the individual shares of the partners. therefore, where a partnership consists of a ..... four individual partners of this smaller firm. he further stated that in the application filed by the new firm under section 26-a of the indian income-tax act as well as in the original partnership agreement, under which the smaller firm was formed, the shares of the partners in the smaller firm have been ..... as the smaller firm). later, on 28th of january, 1958, an application was made by the new firm to the income-tax officer, special circle, ambala, under s. 26-a of the indian income-tax act for the registration of the firm. in paragraph 2 it was stated as under:'the original instrument of partnership under which ..... the following words:--'whether, in the facts and circumstances of this case, the assessee firm was entitled to registration under section 26a of the income-tax act.'(4) it was not disputed before us that there can be no legal partnership between an individual on the one hand and a firm as .....

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Mar 20 1963 (HC)

Jhabar Mal Chokhani Vs. Commissioner of Income Tax, Delhi and Rajastha ...

Court : Punjab and Haryana

Decided on : Mar-20-1963

Reported in : AIR1963P& H486; [1963]49ITR391(P& H)

..... ). the assessee is an individual who resides at no. 8, toddarmal road, new delhi. the assessment had been completed and the assessee requested the income-tax officer to reopen the case tinder section 27 of the income-tax act, but this request was not granted. the following chronological resume was given by the tribunal:--'23-3-1956:notice under section 34 issued.28-3 ..... per remarks of the postal authorities on the registered letter.2. the assessee filed an application before the income-tax officer on 27th of october, 1958, praying that the assessment which had already been completed under section 23, sub-section (4) of the income-tax act might be reopened. his application was rejected as time barred, it was also stated that proceedings under section ..... 34 were intimated with the approval of the commissioner of income-tax ana notice under section 34 was served by affixture on 28th of march 1956. later ..... under section 22(4) were served by affixture but nobody attended. the application under section 27 was consequently rejected.3. an appeal was filed against this order of the income-tax officer but the appellate assistant commissioner declined to interfere in appeal holding that the application under section 27 was barred (vide exhibit 'c').4. the assessee then appealed to .....

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Apr 24 1963 (HC)

Pepsu Road Transport Corporation, Patiala Vs. Income-tax Officer and A ...

Court : Punjab and Haryana

Decided on : Apr-24-1963

Reported in : [1964]51ITR441(P& H)

..... earnest attention to the rival contentions, i am of the view that the petitioner is a taxable unit. according to section 3 of the income-tax act the total income of every individual, hindu undivided family, company and local authority and of every firm and other association of persons or the partners of ..... to the state government for the purpose of road development. this purpose is, according to the counsel, a charitable purpose as defined in the income-tax act. in support of this contention, he has referred us to the privy council decision in in re trustees of the tribunal. in the reported case ..... v. the federation of pakistan, where it is laid down that after the amendment of 1939 the word 'individual' in section 3 of the income-tax act can only mean a natural person, i.e., a human being. after noticing the decisions of the bombay and madras high courts mentioned earlier, munir ..... within the section. and lastly, the petitioner claims to be a local authority within the meaning of section 4(3)(i) of the income-tax act and, therefore, exempt from taxation.while developing the first point the learned counsel, to begin with, has referred us to article 289(1) of ..... be subjected to the impugned levy. without prejudice to these two objections, the third objection is based on section 4(3)(i) of the income-tax act and the petitioner claims to be a charitable institution established by the state government for providing utility service to the public, trade and industry in general .....

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Feb 18 1963 (HC)

Nabha Rice and Oil Mills, Nabha Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-18-1963

Reported in : AIR1963P& H549; [1963]14STC559(P& H)

..... is the core of the real foundation of the charging provisions, though the word 'charge' as such has not been used as is the case with the income-tax act, (for example see inter alia sections 3 and 55 thereof) but failure to use the word 'charge' is, in my opinion, immaterial for it is ..... may well be that a manufacturer or producer is sometimes doubly hit; but so is the taxpayer in canada who has to pay income-tax levied by the province for provincial purposes and also income-tax levied by the dominion for dominion purposes : see caron v. the king, 1924 ac 999; forbes v. attorney general of manitoba ..... known tothe petitioner at the time of filing the writ petition initially. additional grounds were thus sought to be raised urging the east punjab general sales tax act, act no. 46 of 1948 to be void ab initio being an incompetent piece of legislation in view of the bench decision just mentioned. the provisions of ..... writ no. 1741 of 1962. the only question which calls for determination by us relates to the vires of section 5 of the punjab general sales tax act (punjab act no. xlvi of 1948).2. here, i may briefly state the facts on which civil writ petition no. 1741 of 1962 is based. the petitioner ..... -firm messrs. nabha rice and oil mills. nabha, a registered dealer under the e. p. general sales tax act, claims to be a partnership firm carrying on the business of extracting oil from sarson and other oil seeds, for which purpose they have installed an oil .....

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Mar 06 1963 (HC)

Madhavnagar Cotton Mills Ltd. Vs. Union of India and Another.

Court : Punjab and Haryana

Decided on : Mar-06-1963

Reported in : [1963]50ITR144(P& H)

..... ) read with section 34 were cancelled with regard to both the assessment years. a second set of notices was issued dated 11th december, 1954, under section 34 of the sangli income-tax act by the income-tax officer, b-ward, sangli, but these notices were also cancelled : vide annexure 'c', by orders dated 1st february, 1955, and 7th february, 1955. then the ..... dated 1st july, 1952, as amended by notification no. 9 dated 16th february, 1955, the jurisdiction rested with him. the petitioner filed objections in writing. the act of 1922 was repealed by the income-tax act, 1961 (to be referred to as the act of 1961), and on 5th december, 1962, respondent no. 2 served notices dated 30th november, 1962, under section 148 of the ..... assessment years 1946-1947 and 1947-1948 it is alleged by the petitioner that no part of its income arose or was received in the erstwhile british india which was subjected to tax under the indian income-tax act, 1922 (hereinafter to be referred to as the act of 1922). in or about february, 1948, the erstwhile state of miraj acceded to the then dominion government ..... the cases of certain other assessees had the effect of transferring all the assessment proceedings to the income-tax officer, bombay, in respect of the petitioner including the proceedings for the years 1946-47 and 1947-48. he further says that the entire scheme of the income-tax acts is such that there can be no question of lack of inherent jurisdiction and so long .....

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May 29 1963 (HC)

Rameshwar Lal Sarup Chand Vs. Shri U.S. Naurath, Excise and Taxation O ...

Court : Punjab and Haryana

Decided on : May-29-1963

Reported in : [1964]15STC932(P& H)

..... made within the period mentioned above. the period of limitation provided here is unlike the period of limitation provided in section 34 of the income-tax act or the different articles in the limitation act. under section 34 of the income-tax act, the period provided is for giving a notice and, if a notice has been issued within the period provided in the section, there is ..... of this judgment, have no bearing on the real question which we have to decide. they were more or less concerned with the interpretation of section 34 of the indian income-tax act and the language of section 34, though apparently similar, has, in fact, no real similarity with the language employed in section 11, (4) (5) and (6) of the punjab ..... also take place within the said period of three years.54. the words 'proceed to assess' occurred in section 34 of the indian income-tax act, 1922. while interpreting these words, their lordships of the privy council in commissioner of income-tax, punjab and n. w. f. p. v. nawal kishor kharaiti lal [1938] 6 i.t.r. 61 had held that proceedings if begun ..... the amount so assessed, a sum not exceeding one and a half times that amount.(7) * * * *(8) * * * *(9) * * * *25. section 11a of the punjab act is on the same lines as section 34 of the indian income-tax act, 1922, and is in these terms :-11-a. (1) if in consequence of definite information which has come into his possession, the assessing authority discovers .....

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Aug 08 1963 (HC)

Nanak Chand Mamraj Mal Vs. Commissioner of Income-tax, SimlA.

Court : Punjab and Haryana

Decided on : Aug-08-1963

Reported in : [1964]52ITR410(P& H)

..... dulat, actg. c.j. - this is a reference under section 66(2) of the indian income-tax act, 1922.the assessee, firm nanak chand mamraj mal of hansi, is a hindu undivided family and the year of assessment is ..... any more money would be recoverable from the estate of the insolvent or not. as far as i can see, therefore, the conclusion of the income-tax appellate tribunal that the disputed debt had become irrecoverable long before the beginning of the relevant accounting year, is not justified by any material on the ..... to our notice expressing a different view. mr. awasthy referred to an earlier decision of the bombay high court in vallabhdas murlidhar v. commissioner of income-tax but in that case the debt was held to be recoverable after the insolvency proceedings had ended and the insolvent had been discharged, while the assessee ..... according to proper calculation, rs. 99,358. against the decision of the appellate assistant commissioner, the assessee appealed and so did the income-tax officer. there was no dispute before the income-tax appellate tribunal regarding the amount of the bad debt. the only question argued was whether the debt had become irrecoverable during the relevant ..... to the insolvent-firm in the ordinary course of business. on the second question the appellate assistant commissioner did not accept the view of the income-tax officer that the debt had become irrecoverable long before the accounting year as, in his opinion, neither the fact of insolvency in 1938-39 nor .....

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Sep 24 1963 (HC)

Punjab Trading Co. Ltd. Vs. Commissioner of Income-tax, SimlA.

Court : Punjab and Haryana

Decided on : Sep-24-1963

Reported in : [1964]53ITR335(P& H)

..... 1956-57 and 1957-58 ?'the case refers to the income-tax assessment of the punjab trading co. ltd., bhatinda, for ..... under the proviso to section 13 of the income-tax act, 1922, for the assessment years ..... framed for our consideration by the income-tax appellate tribunal under the order of this court passed under section 66(2) of the income-tax act on the 30th of march, 1961, reads :'whether on the facts and circumstances of this case there was any material on which the income-tax authorities could legally make the assessment ..... employed by the assessee for his own purposes and does not relate to a method of making up the statutory return for assessment to income-tax. the income-tax officer is not, prima facie, entitled to accept under section 13 the profits shown by the accounts, where there is a method of ..... not do so he rejected the result arrived at as incorrect and acted under the proviso to section 13. it was held by addison and sale jj. that if there was no evidence to justify the income-tax officers rejection of the method of accounting the assessment should be made under .....

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Feb 06 1963 (HC)

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

Court : Punjab and Haryana

Decided on : Feb-06-1963

Reported in : [1963]49ITR383(P& H)

..... under sub-section (7) of section 14a on the grounds that the interest payable under section 14a(7) is similar to interest payable under section 18a of the indian income-tax act, 1922, which is allowed to the regular settlement, but if the regular settlement is set aside to be made de novo, no further interest is allowable and that the ..... giving meaning to the expression 'regular assessment', which expression appears in both sub-sections (5) and (6) of section 18a of the said act. now, under sub-section (5) of section 18a of that act (indian income-tax act, 1922) interest is payable to the assessee from the date of payment to the provisional assessment under section 23b, or if on such assessment ..... regular assessment having been quashed on appeal. to support this the learned counsel relies upon sarangpur cotton . v. commissioner of income-tax, which was a case concerning sub-section (5) of section 18a of the indian income-tax act, 1922, and natarajan chettiar v. income-tax officer, iii additional circle, karaikudi, which was a case involving interpretation of sub-section (6) of section 18a of ..... present case because that was a decision concerning section 18a of the indian income-tax act, 1922, and the scheme of the act, so far as it concerns provisional assessment, is basically different from the scheme of the excess profits tax act, 1940. on an application by the commissioner of income-tax, the income-tax appellate tribunal has made a reference of the two question, already reproduced, .....

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Mar 22 1963 (HC)

Amar Hosiery Works Vs. the State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Mar-22-1963

Reported in : [1963]14STC634(P& H)

..... the interpretation of the word 'information' as given by the supreme court in maharaj kumar v. income-tax commissioner [1959] 35 i.t.r. 1, where it was held that under section 34(1) of the income-tax act, the word 'information' may relate to information as to facts or 'information regarding state of law ..... to delhi branch has definitely escaped assessment....i, therefore, hold that i can reopen the case under section 11a of the punjab general sales tax act, 1948, and this is a definite information which has come in my possession subsequently.3. he then considered the second proviso to section 5(2 ..... it is registered as a dealer under the punjab general sales tax act (hereinafter referred to as the punjab act). the petitioner has a branch at delhi, which, of course, is registered under the delhi sales tax act (hereinafter referred to as the delhi act). for the purposes of manufacture of the goods, the petitioner ..... his possession' are used in a corresponding section 11-a in the c.p. and berar sales tax act, 1947. these words are substantially the same as used in section 11a of the punjab act and were interpreted by a division bench of the madhya pradesh high court in kanhaiyalal bahadursingh v. commissioner ..... were sold there, and, it is stated that for such sales in delhi, the petitioner's branch was assessed to the delhi sales tax. under the punjab act, return was filed by the petitioner for the year 1960-61 and on 20th of january, 1962, the assessing authority passed an assessment .....

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