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Judgment Search Results Home > Cases Phrase: income tax act Court: supreme court of india Year: 1958 Page 1 of about 74 results (0.099 seconds)

Apr 24 1958 (SC)

Moti Ram Vs. Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Apr-24-1958

Reported in : AIR1959SC63; [1958]34ITR646(SC)

..... s order of july 23, 1951, and the only question is whether the appellant is liable under section 4(1)(b)(iii) of the income-tax act to pay tax on rs. 1,20,000 remitted by him from srinagar in kashmir to british india in the relevant accounting year as his profits accumulated outside ..... was said that the appellants had in fact produced the affidavits and certificate. these are actually included in the printed records. the respondent, the commissioner of income-tax, punjab, contended that the tribunal had never asked for affidavits or certificate. we are included to think that the respondents is right, for we do ..... that the present contention was raised by the appellant for the first time when the case came back to the tribunal on the report of the income-tax officer. indeed it is quite clear to us that if this contention had been raised earlier, the remand to that officer would have been ..... funds of the current year. in view of the this admission, the only materials available on which the further enquiry could be made by the income-tax officer were those which had been produced at the time of the first assessments and that officer having considered these materials, reported that the appellate ..... in the purchase of goods included preceding year's profits available for remittance to british india. 5. when the matter thus came back to the income-tax officer for the enquiry, it was admitted by the appellant that the profits in srinagar were mixed up with the working funds there and it .....

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Oct 07 1958 (SC)

P. Krishna Menon Vs. the Commissioner of Income-tax, Mysore, Travancor ...

Court : Supreme Court of India

Decided on : Oct-07-1958

Reported in : AIR1959SC75; [1959]35ITR48(SC); [1959]Supp1SCR133

..... to discuss these points. 8. the first question is, whether the appellant was carrying on a vocation. under section 10 of the income-tax act, 1922, tax is payable by an assessee in respect of the profit or gains of any profession or vocation carried on by him. the facts ..... following questions to the high court of travancore-cochin for decision : '(i) whether the aforesaid receipts from john h. levy constitute income taxable under the travancore income-tax act, 1121 and (ii) whether there are materials for the tribunal to hold that the deposits into the assessee's bank account in ..... presents any difficulty. it has to be decided on the terms of the travancore income-tax act, 1121 (malayalam era), but as the provisions of that act are, for the present purpose, identical with those of the indian income-tax act, 1922, it would be more convenient to refer to the provisions of the latter ..... to the appellate assistant commissioner who consolidated them into one appeal. the appellate assistant commissioner dismissed the appeal and confirmed the orders of the income-tax officer. the appellant then went up in appeal to the appellate tribunal but that appeal also failed. 4. the appellant thereafter obtained ..... bombay by john h. levy from 1941 as aforesaid represented income that accrued to the assessee outside travancore state ?' 5. the high .....

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Nov 13 1958 (SC)

Lakshmichand Baijnath Vs. the Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Decided on : Nov-13-1958

Reported in : AIR1959SC341; [1959]35ITR416(SC); [1950]Supp(1)SCR415

..... the taxing authorities could legally hold that the amount of rs. 2,30,346 (rupees two lakhs thirty thousand three hundred and forty-six) represented undisclosed ..... 24, 1945. on may 27, 1945, the income-tax officer enquired into both these matters, the factum of partition and the quantum of income chargeable to tax, and pronounced orders thereon on june 30, 1945. on the petition under ..... the following questions for its opinion : (1) 'whether the income-tax appellate tribunal was bound by the findings of fact of the income-tax officer relating to the nature and division of the assets of the joint family in question which he arrived at in his enquiry under section 25a(1) of the indian income-tax act (2) whether there was any material or evidence upon which ..... the city of calcutta. the present proceedings relate to the assessment of its income for the year 1946-47, the previous year thereto being june 12, 1944, to april 24, 1945. in the course of the assessment, the appellant filed a petition under section 25-a of the income-tax act, 1922, claiming that there had been a partition in the family on april .....

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Nov 24 1958 (SC)

Punjab Distilling Industries Ltd. Vs. the Commissioner of Income-tax, ...

Court : Supreme Court of India

Decided on : Nov-24-1958

Reported in : AIR1959SC346; [1959]35ITR519(SC); [1959]Supp1SCR683

..... facts and circumstances of the case the collections by the assessee company described in its accounts as 'empty bottle return security deposits' were income assessable under section 10 of the income-tax act 5. the high court answered the question in the affirmative. the present appeal is against that decision which related to all the three ..... varieties of taxes for which the appellant had been made liable. 6. we are concerned in this appeal only with the additional sums ..... case nearest to the present one is, in our view, that decided by this court in k. m. s. lakshmanier &; sons v. commissioner of income- tax and excess profits tax, madras [1953] s.c.r. 1057. there the appellants, who were the assessees, were merchants carrying on business as the sole selling agents for yarn ..... were not trading receipts at the moment of receipt, they had at that moment the potentiality of becoming trading receipts. that proposition involves a view of income tax law in which i can discover no merit except that of novelty.' 22. then again he said : 'it seems to me that the quality and ..... nature of a receipt for income tax purposes is fixed once and for all when it is received. what the partners did in this case, as i have said, was to decide .....

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Sep 24 1958 (SC)

A. Govindarajulu Mudaliar Vs. Commissioner of Income-tax, Hyderabad

Court : Supreme Court of India

Decided on : Sep-24-1958

Reported in : AIR1959SC248; [1958]34ITR807(SC)

..... appeal against the judgment of the high court. all the points urged before us were taken in the reference under section 66(2) of the indian income-tax act. it would therefore follow that these grounds are not open to the appellant. however, no such objection was taken on behalf of the respondent and ..... we must mention that against the order of the tribunal the appellant applied for reference to the high court under section 66(2) of the indian income-tax act, and the learned judges of the high court dismissed that application. no appeal has been preferred against that a all. the present appeal is against the ..... the account books of the firm it was only the name of thayappa that appeared, that the firm was registered under section 26a of the indian income-tax act, and that in the application it was only the name of thayappa that appeared as a partner. the tribunal also points out that during this period ..... that an appeal under article 136 of the constitution of india to this court again a decision of the appellate tribunal under the indian income-tax act. but seeing that in this case the appellant had moved the high court an a decision has been pronounced adverse to him and this ..... to be the real owner. when both these explanations were rejected, as they have been it was clearly upon to the income-tax officer to hold that the income must be concealed income. there is ample authority for the position that where an assessee fails to prove satisfactorily the source and nature of certain amount .....

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May 15 1958 (SC)

P.C. Ray and Co. (India) Private Ltd. Vs. A.C. Mukherjee, Income-tax O ...

Court : Supreme Court of India

Decided on : May-15-1958

Reported in : [1959]36ITR365(SC)

..... court, while dealing with a reference of the same points, which might conceivably come up before this court in the chain of remedies under the income-tax act, took a different view. in my opinion, quite apart from the fact that the appellant was disingenuous with the trial court, the pendency of ..... that the advances made to the ship's master were part-payments of the hire, they were yet not chargeable under the provisions of the indian income-tax act and, therefore, not within the ambit of section 18(3b). i am of opinion that this contention also cannot succeed. 28. even on the ..... payments of the hire. assuming the amounts were not loans, but part payments of the hire, they were still not chargeable to tax under the provisions of the indian income-tax act, because the part payments had not been received by the owners bin india. they were also not chargeable within the meaning of ..... that the amount of the disbursements constituted payment in india to a non-resident of a chargeable sum, to which section 18(3b) of the income-tax act applied. accordingly, on march 17,1956, he addressed a letter to the appellate company in the following terms : 'kindly refer to your letter ..... judge as well, repeated his contention that the amounts of the disbursements were mere loans and since the income-tax act did not charge borrowings, they were not chargeable under the provision of the act. he disclaimed altogether the second contention attributed to him by the learned judge and submitted that the point .....

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May 12 1958 (SC)

Mazagaon Dock Ltd. Vs. the Commissioner of Income-tax and Excess Profi ...

Court : Supreme Court of India

Decided on : May-12-1958

Reported in : AIR1958SC861; [1958]34ITR368(SC); (1958)IIMLJ210(SC); (1959)61PLR85; [1959]1SCR848

..... an appeal against the judgment of the high court of bombay in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act. 2. the appellant is a private limited company incorporated under the indian companies act, and is carrying on business as marine engineers and ship repairers. its registered office is in bombay and it is ..... phrase 'business connection', observed sir george rankin, 'is different from, through not unrelated to, the word 'business' of which there is a definition in the act'. and in anglo-french textile co., ltd. v. commissioner of income-tax, madras : [1953]4scr448 , this court has observed that 'when there is a continuity of business relationship between the person in british india who helps to ..... the business. rule 34 then provides that the 'profits derived from any business carried on in the manner referred to in section 42(2) of the act may be determined for the purposes of assessment to income-tax according to the preceding rule'. now, the argument of mr. palkhivala is that the interpretation put on section 42(2) by the rule making authorities ..... therefrom, or which may reasonably be deemed to have been derived therefrom, shall be chargeable to income-tax in the name of the resident person who shall be deemed to be, for all the purposes of this act, the assessee in respect of such income-tax.' 3. the income-tax officer, bombay who dealt with the matter took the view that the appellant company had so arranged .....

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Oct 07 1958 (SC)

Commissioner of Income-tax, Nagpur Vs. Rai Bahadur Jairam Valji and or ...

Court : Supreme Court of India

Decided on : Oct-07-1958

Reported in : AIR1959SC291; [1959]35ITR148(SC); 1959Supp(1)SCC110; [1959]Supp1SCR110

venkatarama aiyar, j. 1. this is an appeal against the judgment of the high court of nagpur in a reference under section 66(1) of the indian income-tax act (xi of 1922), hereinafter referred to as the act, and the point that is raised for our determination is whether a sum of rs. 2,50,000 received by the respondent on august 2, 1941 ..... the sum of rs. 2,50,000 received by the assessee as damages or compensation for the premature termination of the contract of 9th may 1940 is income assessable within the meaning of the indian income-tax act.' 2. the reference was heard by sen and deo, jj., who held, disagreeing with the tribunal, that the sum of rs. 2,50,000 was a ..... capital receipt in the hands of the respondent, and that it was not liable to be taxed. the appellant then filed an application under section 66(a)(2) of ..... parsons &; co. v. commissioners of inland revenue (1938) 21 tax cas. 608 and the commissioner of income-tax and excess profits tax, madras v. the south india pictures ltd., karaikudi [1956] s.c.r. 223. 14. in income-tax commissioner v. shaw wallace &; co. (1932) l.r. 59 i.a. 206, the respondent company had been acting for several years as the distributing agents of two oil .....

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Oct 09 1958 (SC)

Rajputana Agencies Ltd. Vs. Commissioner of I.T., Bombay

Court : Supreme Court of India

Decided on : Oct-09-1958

Reported in : AIR1959SC265; [1959]35ITR168(SC); [1959]Supp1SCR142

..... year for the assessment for the year ending on the 31st day of march, 1951, and no order has been made under sub-section (1) of section 23a of the income-tax act, a rebate shall be allowed, at the rate of one anna per rupee on the amount of such excess; (ii) where the amount of dividends referred to in clause (i ..... actually assessed. the appellant then applied for and obtained a certificate from the high court under article 133(1)(c) of the constitution read with section 66a(2) of the income-tax act that the case is a fit one for appeal to this court. it is with this certificate that the present appeal has been brought to this court; and the only ..... year. 7. it is well known that when different part 'b' states merged with the adjoining states or provinces and were made taxable territories under the income-tax act, the operation of the indian rate of tax was introduced by phases and rebates on a graduated scale were allowed to the assessees under the provisions of this order. as we have already mentioned, it ..... tribunal, bombay, but the appellate tribunal confirmed the order under appeal on november 27, 1954. the appellant then moved the appellate tribunal under section 66(1) of the income-tax act and the appellate tribunal, by its order passed on april 25, 1955, referred two questions to the high court at saurashtra for its opinion. in the present appeal, we are .....

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Oct 14 1958 (SC)

The Commissioner of Income-tax, Bihar and Orissa Vs. Sri Ramakrishna D ...

Court : Supreme Court of India

Decided on : Oct-14-1958

Reported in : AIR1959SC239; [1959]35ITR312(SC); 1959Supp(1)SCC176; [1959]Supp1SCR176

..... of the respondent, the tribunal referred the following question for the decision of the high court : 'whether on the facts and in the circumstances the income derived from forest in this case is taxable under the indian income-tax act.' 5. the reference was heard by panigrahi, c.j., and misra, j., who answered it in the negative. they observed : 'it appears to us ..... the benefit of an exemption has to establish it, applies when the exemption claimed is under the provisions of the income-tax act. vide the observations of the lord president and of lord adam in maughan v. free church of scotland ((1893) 3 tax cas. 207, 210), and the observations of lord hanworth, m.r., in keren kayemeth le jisroel ltd. v. the commissioners ..... no reason why it should be otherwise when the exemption claimed is under the income-tax act. the learned judges were of the opinion that their conclusion followed on the principle of the law of income-tax that 'where an exemption is conferred by a statute, the state must not get the tax either directly or indirectly', and support for this view was sought in the ..... orissa in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act, and the point for decision is whether income received by the respondent by the sale of trees groing in his forests is agricultural income exempt from taxation under section 4(3)(viii) of the act. 2. the respondent is the proprietor of the impartible zamin of .....

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