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Judgment Search Results Home > Cases Phrase: income tax act Court: punjab and haryana Year: 1967 Page 1 of about 17 results (0.097 seconds)

Jan 04 1967 (HC)

Commissioner of Income-tax, Punjab Vs. Prabhu Dayal.

Court : Punjab and Haryana

Decided on : Jan-04-1967

Reported in : [1968]67ITR138(P& H)

..... cannot provide a good guide for cases which have to be decided under the statutory provisions of the indian income-tax act. in this respect, he referred to the observations of hidayatullah j. in the supreme court decision in senairm doongarmall v. commissioner of income-tax. at pages 397 and 398 of the report this is what the learned judge observed :'now it is necessary ..... for the respondent urged that section 6 of the indian income-tax act deals with six heads of income, profits and gains that are chargeable to income-tax. these are :(i) salaries(ii) interest on securities(iii) income on property(iv) profits and gains of business, profession or vocation(v) income from other sources(vi) capital gains.admittedly, the income arising from the contract before us cannot fall under ..... first consideration before holding a receipt to be profit or gains within section 10 of the income-tax act was to see if there was a business at all of which it could be said to be income. the primary condition of the application of section 10 was that tax was payable by an assessee under the head profits and gains of a business in ..... in van den berghs case. reference was also made in support of his contention to kelsall parsons & co. v. commissioner of inland revenue, t. sadasivam v. commissioner of income-tax and commissioner of income-tax v. r. b. jairam valji. in kelsalls case the appellants carried on business as agents on commission basis for the sale in scotland of the products of various manufacturers .....

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Dec 14 1967 (HC)

Commissioner of Income-tax Vs. Kishori Lal Sunder Lal.

Court : Punjab and Haryana

Decided on : Dec-14-1967

Reported in : [1968]69ITR229(P& H)

..... and in the circumstances of the case, the business messrs. kishori lal sunder lal, constituted a firm, entitled to be registered under section 26a of the income-tax act, 1922 ?'the learned counsel for the commissioner of income-tax has contended that while the hindu law admits of partial partition, but the legal basis for such partial partition must be complied with before it can ..... same name even after the members of the hindu undivided family entered into the partnershiup, failed to persuade the income-tax authorities to register the firm under section 26a of the income-tax act, 1922 (act 11 of 1922), and so the firm was treated by the income-tax authorities as owned by the hindu undivided family, even in spite of the deed of partnership between the father ..... and the three sons. the partnership firm failed to obtain relief up to the income-tax appellate tribunal.the present reference concerns the ..... answer to the first question that the partnership firm, kishori lal sunder lal, was a validly constituted partnership firm and was entitled to be registered under section 26a of the act by the income-tax authorities.the income-tax commissioner will bear the costs of the respondent, the counsels fee being rs. 100.r.s. narula j. - i agree. .....

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Mar 30 1967 (HC)

Rattan Cloth House Vs. Commissioner of Income-tax, PatialA.

Court : Punjab and Haryana

Decided on : Mar-30-1967

Reported in : [1967]65ITR465(P& H)

..... the connected case) was not genuine ?(3) whether, on the facts, and in the circumstances of the case, the partnership, should have been registered by the income-tax authorities under section 26a of the income-tax act ?'a bench of this court then referred only one question, namely question no. 3 on the view that question no. 2 would also be covered by this ..... question of law for the decision of this court :'whether, on the facts and in the circumstances of the case, the partnership should been registered by the income-tax authorities under section 26a of the income-tax act ?'that has led to this reference.the appellate tribunal came to the conclusion that the partnership was not genuine and, therefore, the registration was rightly disallowed ..... case, was not genuine. that being so, that finding is clearly vitiated.it was observed by the supreme court in commissioner of income-tax v. sivakasi match exporting co. that the jurisdiction of the income-tax officer, under section 26a of the income-tax act, was confined to ascertaining two facts, namely, (i) whether the application for registration was in conformity with the rules made under ..... dated january 9, 1962, to this court of decision. the tribunal dismissed these applications, vide its order dated august 21, 1962. two applications under section 66 (2) of the income-tax act were then filed in this court for a mandamus directing the tribunal to refer the said questions of law to this court. these application were accepted on july 13, 1965 .....

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Sep 29 1967 (HC)

Union of India (Uoi) and ors. Vs. Hari Ram Murari Mal

Court : Punjab and Haryana

Decided on : Sep-29-1967

Reported in : AIR1968P& H40

..... transfer the determination of rights and liabilities from ordinary courts to executive officers. it is not a fiscal measure like the income-tax act or the land revenue act in which the income-tax officer or the revenue officer is charged with the duty of producing revenue for the state. it was designed primarily to ..... supreme court in abdul karim haji tayab v. deputy custodian-general, air 1964 sc 1256 which laid down-'the amended section 48 came into the act by act no. 91 of 1956 from october 22. 1956. sub-sections (1) and (2) are clearly procedural and would apply to all cases which ..... hari ram, respondent, had not much to urge against this proposition and as a matter of fact conceded that the settlement commissioner under the compensation act only will be competent to ascertain whether any amount is due from hari ram respondent or not under the lease. he, however, maintained that ..... arising out of the lease in question and civil courts could not have taken cognizance of the matter. after coming into force of the compensation act the settlement commissioner enjoyed the same powers as the custodian under section 21 in the matter of determining the liability of hari ram, plaintiff- ..... by way of appeal or revision, or in any original suit, application or execution proceeding. section 4 further provides that provisions of this act and the rules and orders made thereunder shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force .....

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Nov 08 1967 (HC)

Rai Bahadur Lala Jodha Mal Kuthiala (Kashmir) Ltd. Vs. Commissioner of ...

Court : Punjab and Haryana

Decided on : Nov-08-1967

Reported in : [1968]70ITR62(P& H)

..... jodha mal kuthiala (kashmir) limited, jammu tawi, the assessee-company, under section 66(2) of the indian income-tax act, 1922 (act 11 of 1922), corresponding to section 256(2) of the income-tax act, 1961 (act 43 of 1961), in regard to three assessment years 1950-51, 1951-52 and 1952-53.the assessee-company worked ..... before us both on behalf of the assessee as well as the income-tax officer. the allowance made by him seems to be fair and his upheld.' on that the assessee-company made an application to the income-tax act, 1922, claiming reference of a number of questions considered by it ..... unwarranted and whether there was evidence to uphold the finding qua shortage arrived at by the appellate assistant commissioner of income-tax and confirmed by the income-tax appellate tribunal ?'the income-tax appellate tribunal will now draw up the case and refer this question to this court at as early a date ..... lost to the assessee-company. in this respect the learned counsel relies on lalchand bhagat ambica ram v. commissioner of income-tax in which their lordships held that 'the income-tax appellate tribunal is a fact-finding tribunal and, if it arrives at its own conclusions of fact after due consideration ..... year 1947-48 were abnormally heavy as compared to the usual years. that there were floods in 1950 is also accepted by the income-tax officer. these factors must be responsible for more than the normal wastage. the wastage estimated by the appellate assistant commissioner takes into account .....

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Mar 22 1967 (HC)

Lalchand Mohan Lal Fazilka Vs. Commissioner of Income-tax, Punjab.

Court : Punjab and Haryana

Decided on : Mar-22-1967

Reported in : [1967]65ITR418(P& H)

..... partners were amirchand, rajender kumar, kishori lal, kalu ram and sohan singh. an application was made for registration of the firm under section 26a of the indian income-tax act, 1922, on 23rd september, 1955. the income-tax officer declined to register the firm because, although, admittedly, the opium contracts were in the name of messrs. lal chand mohan lal at malout and fazilka, the ..... referred by the tribunal :'whether, on the facts and in the circumstances of the case, the firm was validly constituted and was entitled to registration under section 26a of the income-tax act ?'before the decisions which have been relied on by counsel for both sides are discussed, it is necessary to set out certain salient points from the instrument of partnership (annexure ..... name and, later on, formed a partnership with others for carrying on the business and applied for registration of the firm under section 26a of the income-tax act, registration should be declined. the provisions of the opium act of 1878 and the rules framed thereunder were considered in detail and the following observations were made, which may be reproduced, at page 841 :'the ..... void.mr. dewan has relied a great deal on a bench decision of the madhya pradesh high court in dayabhai & co. v. commissioner of income-tax. it was held therein that there was nothing in the motor vehicles act laying down that transport business in partnership could only be done on permits issued and obtained by the firm itself and with vehicles of .....

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Mar 17 1967 (HC)

Patiala Biscuit Manufacturers Pvt. Ltd. Vs. Commissioner of Income-tax ...

Court : Punjab and Haryana

Decided on : Mar-17-1967

Reported in : [1967]66ITR33(P& H)

..... nature must be held to be capital loss.'the company, being dissatisfied with the decision of the appellate tribunal, made an application to it under section 66(1) of the income-tax act; and the appellate tribunal by its order dated the 5th of january, 1963, has referred the question of law set out in the opening part of this judgment.mr. g ..... and powers of the company and the surrounding circumstances and facts.'in this connection reference may also usefully be made to the following observation of shah j. in commissioner of income-tax v. p. k. n. company ltd. :'as already observed, determination of the question whether in purchasing and selling land the taxpayer enters upon a business activity has to be determined ..... be proper to refer to certain passages in the famous treatise on income tax by konstam, 12th edition (the law of income tax, surtax and profit tax by wheatcroft based on the law of income tax by konstam). at page 1211, paragraph 430, the learned author has observed as follows :'clearly the problem whether the acts of a particular taxpayer do, or do not, amount to trading is ..... loss on the sale of investments, which is a capital loss and was rightly disallowed.'against the decision of the appellate assistant commissioner, the company preferred an appeal to the income-tax appellate tribunal, delhi bench 'c'. the appellate tribunal rejected the appeal with the following observations :'after having carefully consideration all the aspects of the case, we are of the opinion .....

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Mar 12 1967 (HC)

Commissioner of Income-tax, Punjab. Vs. Mothu Ram Prem Chand.

Court : Punjab and Haryana

Decided on : Mar-12-1967

Reported in : [1967]66ITR638(P& H)

..... imposition of penalty was dismissed on the ground that a hindu undivided family must be deemed to continue as such until the order under section 34(3) of the cochin income-tax act had been passed recognising the partition and as no such order had been passed in that case, and it was found that the hindu undivided family had not even made ..... been made before the assessing authorities at any time prior to the imposition of penalty. no order under sub-section (3) of section 34 of the cochin income-tax act (corresponding to section 25a(3) of the act) had been passed in the cochin case. the judgment of the kerala high court does not, therefore, help the respondent. similarly, no assistance can be obtained ..... tribunal (delhi bench 'c') (hereinafter referred to as the tribunal) under section 66(1) of the indian income-tax act, 1922 (11 of 1922), as subsequently amended (hereinafter called the act), at the instance of messrs. mothu ram prem chand (referred to as the assessee in this judgment), depends on a proper construction and correct interpretation on sub-section (3) of ..... . the assessee, on march 11, 1959, preferred an appeal against the order of the imposition of penalty to the appellate assistant commissioner of income-tax under sections 30/31 of the act. during the pendency of the appeal, the income-tax officer went into the claim of the assessee about the disruption of the hindu undivided family and passed a detailed order, dated january 29 .....

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Sep 14 1967 (HC)

Mangat Ram Hazari Mal and Another Vs. Commissioner of Income-tax, Punj ...

Court : Punjab and Haryana

Decided on : Sep-14-1967

Reported in : [1968]67ITR788(P& H)

..... bench and it was held that two firms and a hindu undivided family could not constitute themselves into a firm within the meaning of the income-tax act but the larger group formed thereby was liable to be assessed as an 'association of individuals'.mr. kaushal has placed very strong reliance on ..... a group of individuals and one firm cannot be a member of another firm, the union was not a 'firm' within the meaning of the income-tax act, but it was liable to be assessed as an association of individuals.' it may be mentioned that upto 1939 the charging section, inter alia, refers ..... assessment year 1953-54 on 18th of june, 1953, and simultaneously an application was made to the income-tax officer concerned under section 26a of the indian income-tax act, 1922 (act 11 of 1922) (hereinafter called the act), for registration of the firm. the application under section 26a made on 18th of june, 1953, ..... under a different instrument of partnership with a different constitution. an application was, therefore, made under section 26a of the income-tax act, 1922, for the renewal of registration for the year in question so that assessment might be completed on the new firm also as registered firm ..... of the decision of chief justice chagla and tendolkar j. in narrondas manordas v. commissioner of income-tax, in which it was held that the 'powers conferred upon the appellate assistant commissioner by the income-tax act are much wider than the powers of an ordinary court of appeal.' in the view of chief .....

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Dec 13 1967 (HC)

Dal Chand and Sons Vs. Commissioner of Income-tax.

Court : Punjab and Haryana

Decided on : Dec-13-1967

Reported in : [1968]69ITR247(P& H)

..... carrying on business or trade. owning properties and letting them was not a purpose for which it was formed and that being so, the disputed income cannot be said to fall under any section of the indian income-tax act other than section 10.'in that case the business has been temporarily stopped for some months, when the plant was leased out, on account ..... ) ?'the facts have been found by the income-tax appellate tribunal and obviously are no longer a matter of controversy between the parties. the reference has been made by the ..... , delhi bench 'c', under sub-section (1) of section 61 of the income-tax act, 1922 (act xi of 1922), by its order on august 3, 1962, on these questions to this court :'(1) whether the income derived by the assessee from the lease of the factory has been rightly treated as income from business assessable under section 10 ?(2) whether the second proviso to clause ..... (vii) of sub-section (2) of section 10 of the income-tax act does not apply to the case covered by section 12(3 .....

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