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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: chennai Page 4 of about 27,652 results (0.092 seconds)

Jan 11 1922 (PC)

The Sun Life Assurance Company of Canada Vs. the Corporation of Madras

Court : Chennai

Reported in : AIR1922Mad85; 66Ind.Cas.800; (1922)42MLJ283

..... once in five years unless the instrument constituting the company directs investigations to be made at shorter intervals (vide section 8 of the act.)41. reading therefore the rules made under the income-tax act in conjunction with this provision of act vi 1912, we arrive at this result, namely that in default of there being an actuarial valuation within. 5 years of the year ..... competition among the concerns it would not be possible for a company of standing to earn profits beyond a certain limit. we take it that the rules framed under the income-tax act contain an indication that the interest etc. from investments constitute the maximum of profits. in the very nature of things it is impossible to state the ..... thirty years and upwards'.38. the rules made by the governor in council under the income-tax act, vii of 1918 (in virtue of the power conferred by section 43, sub-section 1 of the said act) proceed on the basis of a periodical actuarial valuation for assessing to income-tax life assurance companies. if the periodical actuarial valuation has been made within 5 years previous ..... in question, the taxable income is to be regarded as the aggregate of the interest, dividends and rents received by the company during the previous .....

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Feb 21 1922 (PC)

The Chief Commissioner of Income-tax Vs. Zamindar of Singampatti

Court : Chennai

Reported in : AIR1922Mad325; (1922)ILR65Mad518

..... the latter proposition we may also refer to maxwell on interpretation of statutes (6th edition) chapter vii, section 3.9. there is nothing in the income-tax act to indicate that the attention of its framers was ever drawn to regulation xxv of 1802; and we find it impossible to treat as a legal and ..... wider sense so as to include even 'forestry,' according to webster. in which sense it was used by the framers of the income-tax act would be a matter for determination and to this end it would not be out of place to consider the probable reason for the exemption of agricultural ..... the forests, without having recourse to the indirect medium of the income-tax act. as far as f appears, there has never been any question of doing this.5. it was argued that 'income-tax' is covered by the fifth item in clause (4) ('all taxes personal and professional'). we do not think this argument can be ..... within the ambit of his zamindari. the assessee objects to the assessment (1) on the ground that the income is agricultural income within the meaning of section 4 of the act and, therefore, not chargeable to income-tax; (2) that the assessment is illegal as contravening the terms of his permanent sanad for the zamindari and ..... accepted. the last sentence in the clause shows that as regards clause (4) the government had in mind items of taxation then in force; and income-tax is of much later intention. exactly what imposts were had in mind under this head we arc not in a position to say; but, the allocation .....

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Feb 21 1922 (PC)

The Secretary to the Chief Commissioner of Income-tax Vs. Zemindar of ...

Court : Chennai

Reported in : 70Ind.Cas.504

..... the latter proposition we may also refer to maxwell on interpretation of statutes (6th edition) chapter vii, section 3.11. there is nothing in the income-tax act to indicate that the attention of its framers was ever drawn to regulation xxv of 1802; and we find it impossible to treat as a legal and ..... wider sense so as to include' even 'forestry' according to webster. in which sense it was used by the framers of the income-tax act would be a matter for determination and to this end, it would not be out of place to consider the probable reason for the exemption of agricultural ..... on the forests, without having recourse to the indirect medium of the income-tax act. as far as appears, there has never been any question of doing this.6. it was argued that 'income-tax' is covered by the fifth item in clause 4, ('all taxes, personal and professional').7. we do not think this argument can be ..... fisheries within the ambit of his zemindari. the assessee objects to the assessment, (a); on the ground that income is agricultural income within the meaning of section 4 of the act, and, therefore, not chargeable to income-tax, and (b) that the assessment is illegal as contravening the terms of his permanent sanad of the zemindari ..... accepted. the last sentence in the clause shows that, as regards clause 4, the government had in mind items of taxation then in force and income-tax is of much later invention. exactly what imposts were had in the mind under this head we are not in a position to say: but the .....

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Apr 12 1922 (PC)

Secretary to the Board of Revenue (income Tax) Vs. Muhammad Sheriff Hu ...

Court : Chennai

Reported in : AIR1923Mad34; (1922)43MLJ434

..... is contested that adjustment cannot be made because under section 19 of the income-tax act, vii of 1918 'when the collector has, in any year after the commencement of this act for which income-tax is leviable, ascertained the total income actually received' is said to mean in any year in which super tax is leviable and it is argued that, as this firm was registered in ..... ., c.j.1. this reference, under section 51 of the income tax act and section 6 of the super tax act now in force, is as to 'whether an adjustment can be made during a financial year in which the collector's certificate of registration under section 12a is in force in respect of the income of a firm for the previous year in which the ..... concerned a registered firm is exempt from supertax as a firm, although the partners are personally liable for super-tax, if their separate incomes are large enough to bring the provisions of the super-tax act into operation against them.2. in the year 1920-21 this firm of messrs muhammad sheriff hussain meah sahib and company, through carelessness or for some other reason ..... the following year, i.e., 1921-22, and therefore escaped from super-tax that year, the collector has no power to .....

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Jul 17 1922 (PC)

In Re: Mohideen Pakkiri Marakkayar (Accused)

Court : Chennai

Reported in : (1922)ILR65Mad839

..... presented to the revenue divisional officer under section 21 of the income-tax act. that verification was made at kottaipatnam in the tanjore district. but the last sentence of the complaint states that the offence was committed at the place where the return was ..... of an offence punishable under section 177, indian penal code, within the meaning of section 40 of the income-tax act. we are therefore concerned with the wording of the latter section and have to deal with it as it stands, section 40 of the income-tax act says that, if a person makes a statement in a verification mentioned in section 17 or section 21 ..... objection of the petitioner in a criminal case.2. the case was instituted on a complaint by the income-tax assistant tahsildar of devakottai. in that complaint, the accused was charged under section 177, indian penal code, within the meaning of section 40 of the income-tax act vii of 1918. the facts set out are that the accused verified a petition which he afterwards .....

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Jul 17 1922 (PC)

In Re: Mohideen Pakkiri Marakkayar

Court : Chennai

Reported in : AIR1923Mad50(1); (1922)43MLJ475

..... of 1918. the facts set out are that the accused verified a petition, which he afterwards presented to the revenue divisional officer under section 21 of the income tax act. that verification was made at kottaipatnam in the tanjore district. but the last sentence of the complaint states that the offence was committed at the place where the return was ..... of an offence, punishable under section 177 i.p.c. within the meaning of section 40 of the income-tax act. we are therefore concerned with the wording of the latter section and have to deal with it as it stands, section 40 of the income-tax act says: that, if a person makes a statement in a verification mentioned in section 17 or section 21 .....

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Oct 05 1922 (PC)

Sri Gadicherla Venkatanarasimha Rao Garu Vs. Nyapathy Subba Rao Pantul ...

Court : Chennai

Reported in : AIR1923Mad376; 73Ind.Cas.991

..... that the bequest can be good only if education is the object.40. the next case relied on by the respondent is a case under the income-tax act. in commissioners for special purposes of income-tax v. pemsel (1891) a.c. 531 : 61 l.j.q.b. 265 : 65 l.t. 621 : 55 j.p. 805 ..... the house of lords had to consider whether certain allowances in respect of the income-tax imposed by schedule a are to be granted by the commissioners for special purposes of income-tax. the words 'charitable purpose,' they held, as used in the income-tax act, were not restricted to the meaning of relief from poverty, but must be ..... whether a trust would be declared to be charitable which excluded the poor.' he refers to the judgment of lord macnaghten in commissioners for special purposes of income-tax v. pemsel (1891) a.c. 531 and observes, 'now sir samuel romilly did not mean, and i am certain lord macnaghten did not mean, ..... created a trust in respect of the temple of janaki ballabji and of the idol contained therein, which endowment consisted of 5 biswas of land, the income of which was to be devoted to the expenses of the temple. the plaint alleged that, since november 1894, the donors changed their minds and ..... of the will of sri gadicherla china ssethayya goru, who died on the 15th april 1909 possessed of zemindari villages and other properties yielding an annual income of rs. 4,000. the defendant is the adopted son of the said seethayya garu. the additional subordinate judge of rajah-mundry has granted a .....

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Oct 30 1922 (PC)

The Secretary, Board of Revenue (income-tax) Vs. the Madras Export Com ...

Court : Chennai

Reported in : 71Ind.Cas.756; (1923)44MLJ290

..... 583 held that the decision in sulleys case had not been radically affected by the new legislation, and held in effect that the extension of the income-tax act of 1842 which made a non-resident firm chargeable in the name of its branch did not mean that the existence of a branch sufficed to imply ..... in funds for the purchases out here. the question is whether the madras export company is assessable by force of section 33(1) of the income-tax act vii of 1918 as the agent of the paris firm on the profits made in paris by the paris firm through or from its business connection ..... profits or gains arising whether directly or indirectly through or from any branch factorship agency, receivership, or management, and shall be so chargeable under section 41 of the income-tax act of 1842 in the name of the branch, factor, agent, receiver or manager. 'in greenwood v. smidth (1922) 1 a.c. 417. 663(fb) ..... sales are effected and the profit thereby realised. the latter decision interprets section 31(1) and (2) of the british finance act ii of 1915 which closely resembles section 33(1) of the british india income-tax act of 1918, and it is noteworthy that, though in the case of sulley v. the accountant general (1860) 5 h. ..... for these reasons the judgment of this court must be in favour of the assessee with costs to be taxed.wallace, j.5. this is a case referred to this court under section 51 of the income tax act vii of 1918 by the board of revenue. the stated case rests on the following facts. a firm .....

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Jan 29 1923 (PC)

The Secretary, Board of Revenue (income-tax) Vs. Ripon Press and Sugar ...

Court : Chennai

Reported in : AIR1923Mad574; (1923)44MLJ523

..... of guzarat i.l.r. (1922) lah. 349, where it was held that where a man carried on business outside the part of india to which the income-tax act applies, earned his profits there, and then had them remitted to him in india where he resided, that money was not received in india. it was pointed out ..... company to its shareholders by the issue of dividend warrants. the question turns on the interpretation of section 3(1) of the income tax act vii of 1918 which runs thus: 'this act shall apply to all income from whatever source it is derived if it accrues or arises or is received in british india, or is, under the ..... purpose of paying some of the bombay shareholders their dividends; and it was held in that case that the general profits of the company were not liable to income-tax. i agree with that decision, which governs this case, and i have nothing to add to the reasons given by macleod, c.j. in that case. ..... warrants, they are payable only at the office of the treasury at raichur.2. the question referred to us is whether the company can be assessed to income-tax on the whole of its profits for the year, it being claimed that bellary is the place. where the total amount of the profits is paid by ..... small amount received as the company's money by the company in bellary, in my judgment, there is no income which accrues or arises or is received in british india and there is nothing in the act to show that such profits earned outside british india are to be deemed to accrue or to arise or to .....

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Mar 19 1923 (PC)

The Secretary, Board of Revenue (income-tax) Vs. the Madras Export Co.

Court : Chennai

Reported in : AIR1923Mad422; 76Ind.Cas.375

..... can be none. i have no doubt that our decision is a 'judgment' and also that it is 'final'. the power of determining income-tax question is conferred by the income-tax act vii of 1918. by section 57 the chief revenue authority may, and in certain circumstances on the application of the assessee himself must, ..... referred to the high court by the chief revenue authority under the powers conferred upon it to that end, by section 51(1)(9) of the income tax act, vii of 1918. the revenue authority being dissatisfied with the determination of the high court is desirous of obtaining leave to appeal to the privy council ..... empower the judges to sit as arbitrators and without appeal, but it would require plain language to impose such duties and there is nothing in the income tax act to indicate any such intention. whether in this case we are sitting in our original jurisdiction, or in our appellate jurisdiction as was held in ..... is an application for leave to appeal to the privy council from a decision of this court on a reference to it under section 51 of the income-tax act vii of 1918. the question involved in this reference is a difficult and important point of law of very great and general importance. i am, ..... of the code of civil procedure do not apply, that there is a special machinery provided by the income tax act beyond which you must not look and that unless there is an express provision in the act for an appeal to the privy council, there is no jurisdiction in this court to grant leave. .....

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