Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Court: rajasthan Year: 1968 Page 1 of about 14 results (0.025 seconds)

Oct 29 1968 (HC)

Bikaner Gypsum Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Oct-29-1968

Reported in : [1969]73ITR778(Raj); 1968()WLN242

..... business and, having regard to the accepted commercial practice and trading principles, was a deduction which, if there was no specific provision for it under section 10(2) of the income-tax act, was certainly an allowable deduction. the expenditure (sic) was actually incurred or the liability in respect thereof had accrued even though it may have to be discharged at some future ..... of accounting maintained by this assessee he could claim to deduct expenditure incurred in previous years in the assessment year in question ...... when wecome to section 13 of the income-tax act we find that income, profits and gains have to be computed for the purposes of section 10(1) in accordance with the method of accounting regularly employed by the assessee. there is ..... incurred in defending the monopoly right enjoyed by the assessee-company under an instrument of assignment of lease was an inadmissible expense under section 10(2)(xv) of the indian income-tax act '12. the facts stated in the statement of the case with regard to this question are as follows :in the terms of the indenture of assignment of the mining lease ..... was made by the central government in exercise of the powers conferred by section 60a of the indian income-tax act, 1922. the purpose of making this order was that in some parts of the territories of part b states, there was no income-tax. in other parts, income-tax was leviable but on a rate different from that prevalent in part a state. it was thought .....

Tag this Judgment!

Jul 29 1968 (HC)

Dholpur Glass Works Ltd. Vs. Commissioner of Income Tax, Delhi and Raj ...

Court : Rajasthan

Decided on : Jul-29-1968

Reported in : AIR1969Raj142

..... chhangani, j. 1. this is a reference under section 66(i) of the indian income tax act, 1922 (hereinafter referred to as the act) by the income tax appellate tribunal, delhi branch 'b', by which the following question of law has been referred to us for our answer :-- ' ..... court. 14. as for the case before us, we consider it proper to recall a few facts appearing in the decision of the income-tax authorities before the income-tax officer the claim for deduction was made principally on the ground that the payment was to secure the good-will of the managing agents. ..... agents and that this was a bait to persuade it to continue as an agent in the ultimate benefit of the company. throughout before the income tax tribunals the assessee-company neither contended nor led evidence to show that the special payment was necessary to offer any special incentive to the managing ..... the nearest case to the present controversy is the one that was decided by the madhya pradesh high court in kalyamnal mills ltd. v. commissioner of income-tax, madhya pradesh : [1965]57itr261(mp) . in that case, the assessee mills cut down the salaries of all its employees and members of staff in ..... purpose of business etc.' were substituted to bring the act in line with the corresponding united kingdom statute. the clause as it existed before the amendment was considered by the privy council in tata hydro-electrical agencies, ltd., bombay v. commissioner of income-tax, bombay presidency and aden and lord macmillan speaking on .....

Tag this Judgment!

Mar 28 1968 (HC)

R. B. Seth Moolchand Vs. Commissioner of Income-tax.

Court : Rajasthan

Decided on : Mar-28-1968

Reported in : [1968]70ITR245(Raj)

..... no business can be said to have been set up by obtaining the prospecting licence even when the licence contained such a term. under section 10(2aa) of the indian income-tax act, 1922 special provision was made for deduction in case of business for prospecting mineral oils. the same provision is repeated in section 42 of the indian ..... income-tax act, 1961.learned counsel for the assessee has relied on the following observations of subba rao j in commissioner of income-tax v. malayalam plantations.'the expression for the purpose of the business is wider in scope than the expression for the ..... g. m. metha j. - this is reference by the income-tax appellant tribunal, bombay bench 'b', under section 66(1) of the indian income-tax act, 1922 (hereinafter referred to as the act). the question referred to by the appellant tribunal, are as follows :'(1) whether, on the facts and in the circumstances of the case, the prospection licence fee of rs. 3, ..... as or gave the assessee a right of prospecting mines and, that, therefore, it was not as allowable deduction under section10(2) (xv) of the act.there was an appeal against the order of the income-tax officer to the appellant assistant commissioner, who, after setting out the facts, held as below :'now prospecting expenses including prospecting fee are clearly initial expenses and .....

Tag this Judgment!

Mar 29 1968 (HC)

Dholpur Glass Works Ltd. Vs. Commissioner of Income-tax, Delhi and Raj ...

Court : Rajasthan

Decided on : Mar-29-1968

Reported in : [1969]72ITR278(Raj)

..... chhangani j. - this is a reference under section 66(1) of the indian income-tax act, 1922 (hereinafter referred to as the act), by the income-tax appellate tribunal, delhi bench 'b' by which the following question of law has been referred to us for our ..... supreme court.as for the case before us, we consider it proper to recall a few facts appearing in the decisions of the income-tax authorities. before the income-tax officer the claim for deduction was made principally on the ground that the payment was to secure the goodwill of the managing agents ..... not felt persuaded to accept them. in our opinion, the decision of the madhya pradesh high court in kalyanmal mills ltd. v. commissioner of income-tax does not disclose any wrong application of the principle enunciated by the supreme court. in our opinion, a reward for past services, without anything more ..... purposes of the trade.'this test was quoted with approval by the supreme court in eastern investment ltd. v. commissioner of income-tax. in eastern investments ltd. v. commissioner of income-tax the supreme court, while construing section 12(2) laid down the following principles as relevant :'(a) though the question must ..... purpose of business, etc.', were substituted to bring the act in line with the corresponding united kingdom statute. the clause as it existed before the amendment was considered by the privy council in tata hydro-electric agencies ltd. v. commissioner of income-tax and lord macmillan, speaking on behalf of the privy .....

Tag this Judgment!

Dec 06 1968 (HC)

Madan Lal Vs. Controller of Estate Duty

Court : Rajasthan

Decided on : Dec-06-1968

Reported in : [1969]74ITR84(Raj)

..... them mortgage deeds not in his favour alone but in favour of himself and his sons. (2) that after the application of the income-tax act to the state of rajasthan, the income from this property was taxed as joint family income of sukhdeo and his sons. 13. what inference has to be drawn from these circumstances is a question of fact and the central board ..... is that in getting the income so assessed, it must be inferred that after the income-tax act had come into force, sukhdeo started treating the property as the property of the joint family. but the other side of the picture is that it may be that by ..... we take up the second circumstance into consideration. after the coming into force of the indian income-tax act in the state of rajasthan, for three years till the death of sukhdeo in 1954, the income from the properties on which the estate duty is being levied was taxed on the basis of joint family property of the father and his four sons. the argument ..... treating the property as joint family property and filing the returns on the basis of joint family, there was to be a saving in the tax and sukhdeo .....

Tag this Judgment!

Mar 27 1968 (HC)

Commissioner of Income-tax Vs. Chaganlal Durga Prashad, Beawar.

Court : Rajasthan

Decided on : Mar-27-1968

Reported in : [1968]70ITR314(Raj)

..... is to be charged in the hands of one person or another can certainly be determined under section 3 and other relevant provisions of the income-tax act. section 3 is clear enough to indicate that the same income cannot be charged repeatedly in the hands of different persons or in the hands of the same person.'this view may be taken to be ..... tribunal (delhi bench 'c'), hereinafter called the tribunal, has referred the following question under section 66(1) of the indian income-tax act, 1922 (act no. xi of 1922) hereinafter called the act :'whether the assessments made for the years 1954-55 and 1955-56 on an association of persons were bad in law ?'as the statement of case shows, this question arose ..... must be in the record of the case itself. as a firm and the individuals composing it are separate entities for purposes of income-tax act, they are assessed separately. under section 23(5) (a) of the act, when the assessee is registered firm and its income has been assessed under sub-section (1) sub-section (3) or sub-section (4) of that section the ..... individually under one of the alternatives provide under section 3 of the income-tax act. this assertion of the petitioners is admitted by the opposite party, the income-tax officer, in the counter affidavit filed on his behalf. the income having once been charged to tax, it is urged that it could not be charged to tax again in the hands of the association. learned counsel for the .....

Tag this Judgment!

Apr 20 1968 (HC)

Shekhawati General Traders Ltd. Vs. Income-tax Officer, Company Circle ...

Court : Rajasthan

Decided on : Apr-20-1968

Reported in : [1969]71ITR120(Raj)

..... the assessee) are a sequel to the notice in each case under section 148 of the income-tax act, 1961, (hereinafter called the act), by the income-tax officer, company circle no. 1, jaipur, praying for quashing the notice s and for restraining the income-tax officer from taking proceedings in pursuance thereof. the points involved in both the writ petitioners are common ..... brother.the only question to be determined in these writ petitions is whether the income-tax officer, company circle no. 1, jaipur (hereinafter called the income-tax officer), could have, in the circumstances of the cases, issued the notices under section 148 of the indian income-tax act. for issuing notices, the conditions laid down under section 147 should be ..... notice.. two conditions have.. to be satisfied. the first is that the income-tax officer must have reason to believe that income, profits or gains chargeable to income-tax have been under-assessed. the second ..... fulfilled.as pointed out by their lordships of the supreme court in calcutta discount company v. income-tax officer while interpreting section 34 of the indian income-tax act, 1922 :'to confer jurisdiction under this section to issue .....

Tag this Judgment!

Dec 02 1968 (HC)

Maharaja Bhagwatsingh of Udaipur Vs. Maharana Bhopal Electric Supply C ...

Court : Rajasthan

Decided on : Dec-02-1968

Reported in : AIR1970Raj72

..... object of the electricity (supply) act and of the sixth schedule thereto is to statutorily rationalise and regulate the rates chargeable for the energy supplied, in the interest of the public and for electrical development, as has been held by their lordships of the supreme court in poona electric supply co. ltd., bombay v. commissioner ot income tax bombay city i, bombay, air ..... rating committee went on to consider what would be the 'reasonable return' to the company in accordance with the considerations and the criteria laid down in the indian electricity (supply) act and made its recommendation for the revised charges for the sale of electricity by the company. 13. it is therefore clear that the rating committee based its recommendation regard-ng ..... for revision and removal of the concession in favour ot the maharana of udaipur. the state government accordingly appointed a rating committee under section 57 of the indian electricity (supply) act by a notification published dated june 21 , 1952 and the terms of reference of the committee were, as follows,-- 'to examine the charges of the said company for the ..... to enforce the above-mentioned terms for the supply of free and concessional electricity and whether the agreement which incorporated that term became void after the enforcement of electricity (supply) act with effect from april 1, 1951. issues were also framed on the questions whether the plaintiff was entitled to enforce the terms ot the agreement even though he was not .....

Tag this Judgment!

Aug 20 1968 (HC)

inderjit Singh Vs. Sunder Singh

Court : Rajasthan

Decided on : Aug-20-1968

Reported in : AIR1969Raj155

..... permit, that would make the agreement unlawful. 13. some cases have been cited for a contrary submission, but they are clearly distinguishable. in umacharan shaw and bros, v. commissioner of income-tax, west bengal : [1959]37itr271(sc) their lordships of the supreme court found that there was no evidence that the excise licences were transferred or sub-let and they therefore held ..... partnership agreement transferred the permit to the two partners in proportion to their respective shares without the permission of the concerned transport authority under section 59 of the motor vehicles act and conferred on the plaintiff also the right to use the vehicle on the route authorised by the permit. the agreement therefore clearly violated the provisions of sub-section ( ..... all agreements which are discovered to be void or contracts which became void, 18. a 'void' agreement as well as the contract which 'becomes void' are defined in the contract act as follows,-- '2(g). an agreement not enforceable by law is said to be void;' .................................... '2(i) a contract which ceases to be enforceable by law becomes void when ..... of the partnership business. in his additional pleas, he specifically pleaded that the partnership agreement was illegal because it contravened the provisions of section 59 of the motor vehicles act. he gave an account of the money spent by the plaintiff and urged that the plaintiff had spent a much smaller sum in connection with the partnership and was not .....

Tag this Judgment!

Nov 12 1968 (HC)

Mewar Sugar Mills Ltd. Vs. State of Rajasthan

Court : Rajasthan

Decided on : Nov-12-1968

Reported in : 1968WLN285

..... the board of revenue on this question. as pointed out by their lordships of the supreme court in commissioner of income-tax, bombay v. scindia steam navigation co., ltd. 42 income tax reports 589 when a question of law is neither raised before the tribunal nor considered by it, it will not ..... transaction sale of hessian and iron hoops used in the execution of the contract and therefore the applicants were dealers under the bombay sales tax act.48. these cafes are direct authorities on the point that the contract of pressing and packing are severable and packing does not form integral ..... part of drying process and was clearly separable from the process. reference was made to the definition of goods in the madras general sales tax act and it was observed as follows:unless we can hold that the materials, after being packed, have been transformed into some other commodity not ..... court in state of madras v. cannon dunkerley & co (madras) 1959 scr 379 held that to render turnover from sale of goods liable to tax under the sales tax acts, there must be concurrence of four elements in the sale'- (1) parties competent to contract; (2) mutual assent of the parties; (3 ..... of the consolidated contract for pressing and baling of cotton. the assessing authority filed an application under section 15 of the rajasthan sales tax act (hereinafter called the act) before the board of revenue for referring the following question:whether the iron hoops and hessian cloth used for wrapping the pressed cotton .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //