Court : Mumbai
Reported in : 31ITR753(Bom)
..... it would be a matter for consideration whether the assessee could take away the jurisdiction of an income-tax officer in india under the income-tax act by submitting a return to the income-tax officer in a foreign country and giving him the jurisdiction of assess his income. from this point of view it may also perhaps be necessary to determine whether any notice ..... assessee when the assessment proceedings were properly pending before another income-tax officer. now on this aspect of the matter various considerations arise. it is said that, ..... be drawn. if the assessment proceedings were pending before the income-tax officer at karachi, then that officer alone, it would seem, would be entitled to complete the assessment of the assessee, and unless there was a transfer, under section 5 of the income-tax act, from that officer to another officer, the income-tax officer, bombay, would have no jurisdiction to assess the ..... had been issued by the income-tax officer, karachi, under section 22 (2), and if so, when. therefore, without .....Tag this Judgment!
Court : Mumbai
Reported in : 75ITR33(Bom)
..... the tribunal. then on an application to this court under section 66(2) the tribunal was required to refer the following three questions under section 66(2) of the indian income-tax act; '(1) whether, on the facts of the case, and, in particular, in view of the fact that the sales were at prevailing market there is any evidence for rejecting the ..... or defects, which cannot be reasonably and satisfactorily explained by the assessee. all the other transactions, except the cash transaction, which were verifiable, have been verified and scrutinised by the income-tax officer and there is nothing wrong whatsoever found with them. as to the cash transactions also, the quantity of sugar sold has not been disputed. the rates at which sugar ..... ,440 to the gross profits as shown by the assessee's books of account. the assessee appealed to the appellate assistant commissioner, who disagreed with the view taken by the income-tax officer and deleted the addition of the amount. before the appellate assistant commissioner the assessee produced the sugar market reports for the months of july and august which showed that ..... to supply the addresses of the purchasers on the ground that the sales had been effected through brokers and suggested that the addresses may be obtained through the brokers. the income-tax officer, therefore, summoned a partner of the firm of brokers through whom these transactions were effected. the said broker, however, also was unable to furnish the addresses of the purchasers .....Tag this Judgment!
Court : Mumbai
Reported in : 107ITR119(Bom)
..... get the benefit of loss nor even the partners of the firm. the assessment proceedings were commenced under section 34 of the indian income-tax act, 1922. notice was issued for both the assessment years 1952-53 and 1953-54. for the first assessment year the assessee-firm filed a ..... were in the course of a profit-making scheme. the supreme court concurred with the view that was taken by the income-tax officer by holding that the income-tax officer had correctly estimated the profit of the assessee by treating the land as stock-in-trade and valuing it according to the ..... were purchased and they were sought to be divided, came up for consideration before the supreme court in p.m. mohammed meerakhan v. commissioner of income-tax : 73itr735(sc) . the supreme court took the view that the transactions of the assessee constituted an adventure in the nature of trade and ..... of producing the picture for the entire period june 1, 1951, to november 30, 1952. however, the distinction sought to be made by the income-tax officer in respect of what are called establishment expenses was not accepted by the tribunal. the tribunal pointed out that in the business of production of ..... endorsement to the following effect : 'the action under section 34(1)(a) was initiated in this case after obtaining the approval of the commissioner of income-tax. the action is hereby dropped.' 3. on an appeal by the assessee, the appellate assistant commissioner dismissed the appeal and no final proceedings were .....Tag this Judgment!
Court : Mumbai
Reported in : 31ITR909(Bom)
..... good, and the ratio is this that to the extent that the commissioner can agitate a matter before the ordinary tribunal set up by the income-tax act, viz., the appellate assistant commissioner, it is not open to him to exercise his extraordinary powers under section 33b. but neither of these ..... choose to appeal, the order of assessment becomes final subject to any power of revision that the commissioner might have under section 33b of the income-tax act. therefore, it would be whole erroneous to try and compare the powers of the appellate assistant commissioner with the powers possessed by a court ..... co. what arose for our consideration in these two cases was the power of the commissioner under section 33b of the income-tax act, and in these two cases we held that whether an appeal was pending before the appellate assistant commissioner or whether an appeal ..... that the appellate assistant commissioner under section 33b if the assessee appeals and permits the appellate assistant commissioner to reverse an order passed by the income-tax officer. of course, there are observations in these two judgments which go to show how wide and unfettered the powers of the appellate ..... legislature has strikingly deviated from the ordinary principles that govern the court of appeal. although the department cannot appeal against the order of the income-tax officer and although the appeal is only by the assessee, even so the legislature confers upon the appellate assistant commissioner the power to make .....Tag this Judgment!
Court : Mumbai
Reported in : 32ITR344(Bom)
..... the jurisdiction was challenged beyond time, and on that the petitioners have come before us on this petition. 2. section 64(1) of the income-tax act lays down which income-tax officer has to assess a particular assessee, and sub-section (3) of section 64 provide : 'where any question arises under this section as ..... chagla, c.j.1. respondent no. 1 served a notice upon the petitioners under section 34 of the indian income-tax act dated january 5, 1956. the notice was served on january 13, 1956. by this notice the petitioners were asked to submit ..... question to the commissioner, and what is referred to the commissioner is the determination, again, on merits. therefore, it is clear that if the income-tax officer comes to the conclusion that the objection taken by the assessee is barred by limitation, there is no obligation upon him to refer anything to ..... proviso to section 64(3) is in the following term : 'provided further that if the place of assessment is called in question by an assessee the income-tax officer shall, if not satisfied with the correctness of claim, refer the matter for determination under this sub-section before assessment is made.' 9. therefore, ..... palkhivala's contention is sound, the objection to the jurisdication has been taken beyond time. admittedly, the letter of the petitioners challenging the jurisdiction of the income-tax officer reached him on march 31, 1956, two days beyond the extended that the relevant date for this purposee is not march 31, 1956, but march .....Tag this Judgment!
Court : Mumbai
Reported in : 64ITR437(Bom)
..... . in compliance with the requisition of this court, the tribunal has stated the case under sub-section (2) of section 66 of the income-tax act on the following two question : '(1) whether, on the facts and in the circumstances of the case, the customs rebate amounting to ..... . 12. similar also are the facts in the other decision in k. p. s. v. rajarathina nadar and sons v. commissioner of income-tax/excess profits tax, on which reliance was placed by mr. palkhivala. the amount relating to which the dispute arose was in the first instance showed in the ..... the unclaimed balances, when first received, were obviously liabilities, no subsequent operation could turn them into trading receipts. they were not, therefore, assessable to income-tax.' now on the finding of the tribunal in the instant case, receipt of these rebate amounts in the first instance, at the time they were received ..... morley v. tattersal. the appellate assistant commissioner also rejected the claim of the assessee and dismissed the appeals. further appeals were taken to the income-tax appellate tribunal. on the material placed before it, the tribunal took the view that the real arrangement between the mills and the assessee was ..... the assessee had filed certain contracts which, according to it, it had entered into at the time. in the form of contracts produced before the income-tax officer, there appeared a foot-note to the following effect : 'imported cotton duty refunded to the exporter will be recovered by the mills' or .....Tag this Judgment!
Court : Mumbai
Reported in : 49ITR492(Bom)
..... . this is a reference under sub-section (1) of section 66 of the indian income-tax act, 1922, and the first question that falls for consideration is whether the reassessment proceedings started against the assessee on a notice under clause (b) of sub-section (1) of section 34 of the act have been validly initiated. 2. the following facts give rise to this reference ..... been under-assessed or assessed at too low a rate or have been made the subject of excessive relief under this act. the income-tax officer has purported to reopen the assessment on the basic that the communication received by him from the income-tax officer, a-iv ward, bombay, to the effect that the trust had then become revocable was a fresh information but ..... is therefore bad in law. he placed reliance on the three decisions in purshottamdas thakurdas v. commissioner of income-tax, d. r. dhanwate v. commissioner of income-tax and raja priyanand prasad singh v. commissioner of income-tax. 7. mr. joshi, on the other hand, contends that the income-tax officer who had reopened the assessment for the first time knew that the trust had become revocable only ..... or gains or recompute the loss or depreciation allowance; and the provisions of this act shall so far as may be apply accordingly as if the notice were a notice issued under that sub-section.' 9. now the circumstances which empower an income-tax officer to take action under clauses (a) and (b) are different. action under clause (a) could be taken in .....Tag this Judgment!
Court : Mumbai
Reported in : 109ITR814(Bom)
..... made at the instance of the assessee and the following question has been referred to us by the tribunal under section 66(1) of the indian income-tax act, 1922 : 'whether, on the facts and in the circumstances of the case, the remuneration and bonus as director of gill & co. pvt ..... shah personally and not in the hands of the hindu undivided family. this claim was accepted by the income-tax officer. however, later on, reassessment proceedings under section 34(1)(b) of the indian income-tax act, 1922, were commenced for these two assessment years. the assessee challenged the validity of the reassessment ..... . to the statement of case has been annexed a letter dated 9th february, 1960, which had been addressed by the assessee to the 1st income-tax officer, before the reassessment was made (annexure 'j'), as also a further letter dated 8th july, 1961, which had been addressed by the ..... learned chief justice) on the above points, a brief reference may be made to the decision in raj kumar singh hukam chandji v. commissioner of income-tax : 78itr33(sc) . at page 43 of the said report it is observed that : 'the broader principle that emerges is whether the ..... proceedings on the ground that the condition laid down in section 34 (1)(b) was not fulfilled. on merits it was contended that the remuneration received by k. k. shah was his personal income and could not be taxed .....Tag this Judgment!
Court : Mumbai
Reported in : 49ITR723(Bom)
..... credited in the account as not deductible under section 10(2) (iii) of the income-tax act. the assessee took the order of the income-tax officer in appeal before the appellate assistant commissioner, who agreed with the view which the income-tax officer had taken, and dismissed the assessee's appeal. in the said appeal, the ..... v.s. desai, j. 1. on a requisition made by this court under section 66(2) of the indian income-tax act, 1922, the tribunal has drawn up the statement of the case and referred to this court the questions hereinafter stated ..... outstanding balance in this account as on the material date. in our opinion, therefore, the reply received by the appellate assistant commissioner from the income-tax officer assessing messrs. surajmal nagarmal supplied a very satisfactory support to the assessee's assertion that the account of rampratap agarwal in its account was ..... and the balance transferred to the account of messrs. surajmal nagarmal. the account was treated as the account of messrs. surajmal nagarmal by the income-tax investigation commission during the investigation of messrs. surajmal nagarmal's case and the credits in this account subsequent to 1947, i.e., after the ..... commission) act, 1947, of the case of messrs. surajmal nagarmal, this amount of rs. 2,50,000 was accounted for an dealt with in the settlement reached by messrs. surajmal nagarmal with the central government. the explanation was not accepted by the income-tax officer, and he treated the credit entry of .....Tag this Judgment!
Court : Mumbai
Reported in : 109ITR714(Bom)
..... or revenue nature and the exact question referred to us for our opinion by the tribunal under section 256(1) of the income-tax act, 1961, at the instance of the commissioner of income-tax, bombay city-i, runs thus : 'whether, on the facts and in the circumstances of the case, the expenditure of rs ..... in support of his contention he strongly relied upon a decision of the andhra pradesh high court in the case of taj mahal hotel v. commissioner of income-tax : 66itr303(ap) . on the other hand, mr. patil appearing for the assessee has sought to support the view of the tribunal by ..... revenue the disallowance was sought to be supported on the basis of a decision of the madras high court in m. subbiah nadar v. commissioner of income-tax : 23itr58(mad) . the tribunal distinguished the madras decision as, in its view, it rested on its peculiar facts and that in the instant ..... construction did not amount to payment of advance rent. on appeal, the appellate assistant commissioner upheld the disallowance of the claim as he confirmed the income-tax officer's view that the expenditure in question was clearly in the nature of capital expenditure. the assessee carried the matter in second appeal to ..... 5th of it as pertaining to the year of account in the assessment proceedings for assessment year 1962-63. the claim was disallowed by the income-tax officer on the ground that the expenditure was of a capital nature inasmuch as the assessee had acquired an enduring benefit by the construction of .....Tag this Judgment!