Court : US Supreme Court
..... measured. it is obvious that these decisions in principle rule the page 255 u. s. 519 case at bar if the word "income" has the same meaning in the income tax act of 1913 that it had in the corporation excise tax act of 1909, and that it has the same scope of meaning was in effect decided in southern pacific co. v. lowe, 247 u ..... . 255 u. s. 516 . cf. goodrich v. edwards, post, 255 u. s. 527 ; walsh v. brewster, post, 255 u. s. 536 . 3. income, within the meaning of the sixteenth amendment, the income tax act of 1913, 1916, 1917, and the corporation tax act of 1909, is a gain derived from capital, from labor, or from both combined, including profit gained through sale or conversion of capital ..... , in no. 609, eldorado coal & mining co. v. harry w. mager, collector, etc., submitted with it, and in other cases since argued that the word "income," as used in the sixteenth amendment and in the income tax act we are considering, does not include the gain from capital realized by a single isolated sale of property, but that only the profits realized from sales ..... conversion of capital assets," there would seem to be no room to doubt that the word must be given the same meaning in all of the income tax acts of congress that was given to it in the corporation excise tax act, and that what that meaning is has now become definitely settled by decisions of this court. in determining the definition of the word .....Tag this Judgment!
Court : Kolkata
Reported in : (1879)ILR4Cal576
..... the facts, and the terms of the kabuliyat, as above, his lordship continued):3. when this kabuliyat was executed, the income-tax act was in force, but has since been repealed. the road-cess was not imposed until the year 1871. the act ordaining the cess directs that where land is the subject of various tenures and sub-tenures, the road-cess shall be ..... it has been imposed since the date of the kabuliyat.8. we are of opinion, however, that having regard to the provisions of the road cess act, the impost is not an income-tax.9. the income-tax, which was levied at the date of the kabuliyat, was a tax imposed by the legislature of the government of india upon all the people of india whose ..... income-tax intended by the kabuliyat was the income-tax then in force, and any future tax that might hereafter be imposed which falls upon income, and is of the same character and nature as the income-tax then in force.7. as regards the second question, if the cess imposed by beng. act x of 1871 is really an income-tax, then unquestionably the plaintiff who has agreed to pay 'income-tax ..... to the plaintiff should be exempt from all present and future charges upon the land except income-tax.12. the only remaining question is, whether the directions in the road cess act override the contract which the parties made for themselves long before that act was passed. although the act contains no saving clause in favour of contracts, it does not prohibit in future the .....Tag this Judgment!
Court : US Supreme Court
..... it is entirely consistent with the declaration itself to show in point of fact what was the amount of earnings accrued during the period while the income tax act was in force which had not been assessed for taxation as profits carried to construction or other account. the declaration in the certificates could not be conclusive of anything not ..... be applied to every case without a careful regard to its necessary limitations. it should be borne in mind in the first place that the tax provided for in this section of the act is an annual income tax, and its subject is the interest paid and profits earned by the company for each year, and year by year, and that both by the ..... dividends in scrip, within the meaning of sec. 122 of the act of june 30, 1864, c. 173, as amended by the act of july 13, 1866, c. 184, but further holds that the company could show what were its earnings from sept. 1, 1862, to dec. 19, 1868, when the income tax law was in force, as its earnings during any other period ..... were not subject to the tax in question. the facts are stated in the .....Tag this Judgment!
Court : Kolkata
Reported in : (1890)ILR17Cal786
..... added by way of bonus to the amounts insured, and partly carried to a reserve fund, constitutes profits or gains within the meaning of schedule d of the income-tax act (16 and 17 vic, ch. 34). we take the statement of the facts from the judgment of lord herschell at pages 407 and 408. 'the appellant- ..... the exercise of them was clearly not the purpose for which the company was established.'8. that decision was followed in two other cases which arose upon the same act, bear v. bromley 18 q.b. 271 and moore v. rawlins 6 c.b. (n.s.) 289. the latter case is a very instructive one. ..... association. and for this there seems to us ample authority. the case of the queen v. whitmarsh 15 q.b. 600 was decided upon the former company's act, 7 and 8 vict., c. 116, section 2, which provided for the registration of associations 'for any commercial purpose or for any purpose of profit,' by ..... company v. styles l.r. 14 app. cas. 381 seems to us an authority for the proposition that they are not so within the meaning of another act. in that case the house of lords had to consider, with regard to a mutual life insurance society, whether the amount of premiums received from year to ..... attaining these ends naturally, and indeed necessarily, involves the acquisition of gain, and that, as people must be taken to contemplate the ordinary consequences of their own acts, the acquisition of gain must be held to be among the objects of the association.5. the sources of gain suggested were these: forfeitures on the part .....Tag this Judgment!
Court : Kolkata
Reported in : (1895)ILR22Cal131
..... ; in the land acquisition act i of 1894, section 10, and in many other acts. in the bengal municipal act there are no such words as are necessary to ..... apply the provisions of the criminal law to acts authorized or required by particular statutes, that intention is always made clear by express words to that effect. instances of this may be found in the cess act (bengal act ix of 1880), section 94; in the estates partition act (bengal act viii of 1876), section 148; in the income tax act ii of 1887, sections 35 and 37 ..... which the petitioner before us has been charged.10. the broad question which we have to consider is whether a person who, under the provisions of the municipal act, is liable to pay the tax for nine horses, but has taken out a license for six only, has committed the offence (a) of giving false information as defined in section 182 of ..... that the person who was applying for a license for one horse had twenty in his stables, he could not under any provision in this act refuse the license for the one horse for which the tax was paid.11. we are now in a position to decide whether there is any ground for charging chandi pershad with an offence under any .....Tag this Judgment!
Court : Kolkata
Reported in : (1899)ILR26Cal281
..... year 1886. the registrar refused to issue the subpoena without the order of the court by reason of rule 16 issued under section 38 of the income tax act (ii of 1886) (calcutta gazette, march 10th, 1886), which rule was as follows:16. all public servants are forbidden to make public or ..... objection raised hereafter by the parties as to the production in evidence of these documents. at the hearing a clerk from the income tax office attended with two income tax returns (the preceding returns having been destroyed), but objected on behalf of the collector to their production in evidence on the ground ..... the plaintiff objects to these documents being produced are because he knows nothing about them. in england there was no statutory provision, but the income tax officer was appointed on taking an oath not to disclose secrets which came to his knowledge. the question before lord ellenborough was whether, notwithstanding ..... as to the production of the document in evidence. the rule was published with the object of regulating the conduct of the officers of the income tax office, not with the object of depriving litigants of evidence which they would otherwise be entitled to use. the rule has no application where ..... the said act, and any public servant committing a breach of this rule shall be deemed to have committed an offence under section 166 of the indian penal code.3. on application being made to the court by the defendant, the subpoena was ordered to issue to the income tax collector for .....Tag this Judgment!
Court : Kolkata
Reported in : (1900)ILR27Cal674
..... ghose, j.1. the question which arises in this case is whether the sajjadanashin of the sasseram khankah is assessable with income-tax under the provisions of section 4 of act ii of 1886, in respect of such moneys as he draws from the properties appertaining to the khankah for the purpose ..... , is from agricultural lands; and it follows therefore, in view of section 5, to which we have just referred, that the income derived by the khankah could not be assessed with income tax.4. now, the argument on behalf of the secretary of state is this, that the sajjadanashin, the plaintiff in this case, ..... travelling, entage, horse or sumptuary allowance, or any other allowance granted to meet specific expenditure. section 5 of the act lays down: nothing in section 4 shall render liable to the tax:(a) any rent or revenue derived from land which is used for agricultural purposes and is either assessed to land revenue ..... to the credit of the government of india, or as the governor-general in council directs, in respect of the sources of income specified in the first column of the second schedule to this act, a tax at the rate specified in that behalf in the second column of that schedule.' the word ..... 'income' has been defined in an earlier section, section 3, and it means income and profits accruing and arising or received in british india, and includes .....Tag this Judgment!
Court : Kolkata
Reported in : (1901)ILR28Cal637
..... of the mela, and that they ought not to be held liable for both income-tax and road-cess. the question then is what tax are they, properly speaking, liable to pay--road-cess or income-tax? now, the income tax act declares that it is an act intended to impose a tax on income derived from sources other than agriculture, and section 5 exempts from the liability to ..... the tax incomes derived from agriculture or operations connected with agriculture. it would seem to us that ..... the profits of a mela cannot be regarded as incomes derived from agriculture. the ..... mela, it is not being used for agircultural purposes and therefore the profits of the mela are not incomes which would be exempt from income-tax under section 5 of act ii of 1886. hence the defendants would seem to be liable to pay income-tax and consequently not road cess.4. it is argued that the defendants came within the definition of tenure .....Tag this Judgment!
Court : Chennai
Reported in : (1902)12MLJ208
..... necessary implication there is not, in my opinion, one kind of crown exemption from the statute of elizabeth and another kind of crown exemption from the income-tax acts (p. 76)*. lord bramwell:--the poor-rate is local. whatever exempts part of the property in a rated locality, adds to the burden on the ..... the duty on some property belonging to the crown. but i do not think it made out that there is any such, intention shown in the income-tax act. reliance was placed in the argument on the general words of the rule 'which rule shall be construed to extend to all lands, tenements and here ..... law, half the poor-rate is imposed on the owner in respect of property, and so far the case is more closely analogous to that of the income-tax; but, i think, that whether the rate is eligible in respect of property or in respect of occupation, the ground of exemption must be the same ..... , in one view the question is unimportant. for if this kind of property pays everywhere, a less rate of income-tax will be necessary and a greater local rate everywhere. whereas, by our decision, more income-tax may he required and less local rate. and this is what many people think desirable' (pp. 79-80).31 ..... it seems to me that it is not material whether the assessment statute imposing any tax, does so, like the poor-rates acts for a local purpose, or like the statute imposing a duty on post horses, considered in mess v. cook, or the income-tax, for an imperial purpose. in each there is an implied exemption on the .....Tag this Judgment!
Court : Chennai
Reported in : (1902)ILR25Mad457
..... and necessary implication. there is not, in my opinion, one kind of crown exemption from the statute of elizabeth and another kind of crown exemption from the income tax acts, (page 76) .... lord bramwell.--the poor-rate is local. whatever exempts part of the property in a rated locality, adds to the burden on the rest ..... impose the duty on some property belonging to the crown. but i do not think it made out that there is any such intention shown in the income-tax act. reliance was placed in the argument on the general words of the rule 'which rule shall be construed to extend to all lands, tenements and ..... law, half the poor-rate is imposed on the owner in respect of property, and so far the case is more closely analogous to that of the income-tax; but, i think, that whether the rate is exigible in respect of property, or in respect of occupation, the ground of exemption must be the same ..... indeed in one view the question is unimportant. for if this kind of property pays everywhere, a less rate of income-tax will be necessary and a greater local rate everywhere. whereas by our decision more income-tax may be required and less local rate. and this is what many people think desirable (pages 7s-80).'31. ..... that it is not material whether the assessment statute imposing any tax, does so, like the poor-rate acts, for a local purpose, or like the statute imposing a duty on post-horses, considered in the king v. cook 3 t.r. 519 or the income-tax, for an imperial purpose. in each there is an .....Tag this Judgment!