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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: chennai Page 8 of about 27,652 results (0.096 seconds)

Oct 29 1925 (PC)

The Commissioner of Income-tax Vs. King and Partridge

Court : Chennai

Reported in : AIR1926Mad368; (1926)50MLJ176

..... in 'madras and they claim that they are entitled to the deduction above mentioned. the commissioner of income-tax was of opinion that the deduction claimed was not an allowable item.3. the answer to the ..... order1. this is a reference under section 66(2) of the indian income-tax act (xi of 1922) and the question submitted for our opinion is whether profession tax paid under section 111 of the madras city municipal act should be allowed as a proper deduction from the taxable income ' as an expenditure incurred solely for the purposes of the profession' of the assessees within the meaning ..... of section 11 of the income-tax act.2. the assessees are a firm of attorneys practising ..... is it an expenditure which he has to incur to enable him to earn his income? we are of opinion that it is the former and not the latter.4. under the city municipal act (iv of 1919), section 111, every person not liable for the companies tax who within the city and for a period of 60 days in the half-year .....

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Nov 11 1925 (PC)

In Re: Sheik Abdul Kadir Marakayar and Co.

Court : Chennai

Reported in : AIR1926Mad1051; (1926)51MLJ650

..... 1. by section 66(1) of the indian income-tax act, 1922, it is enactedif, in the course of any assessment under this act... a question of law arises, the commissioner may, either on his own motion or on reference from any income-tax authority subordinate to him, draw up a statement of the case and refer it with his own opinion thereon to the high court ..... and 32 and not on those which relate to orders passed under section 33. the answer appears to be that the jurisdiction conferred by section 45 of the specific relief act is discretionary and that in the case of unreasonable and unexcused delay the court would refuse to exercise it.4. the court therefore directs the commissioner to state a case ..... - the privy council has held in alcock, ash-down and co., ltd. v. chief revenue authority of bombay (1923) 45 m.l.j. 592 that the words of the older act of 1918 import a mandate to the commissioner to state a case where a real point of law arises, and has further held that if he improperly declines to do ..... so the court may compel him under the general powers of the specific relief act. it is conceded by mr. patanjali sastri that sub-sections (2) and (3) of section 66 of the present act only apply to orders under sections 31 and 32; but he asks us to draw the inference that the power .....

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Jan 12 1926 (PC)

The Commissioner of Income Tax Vs. Mothey Ganga Raju and ors.

Court : Chennai

Reported in : AIR1927Mad545; 100Ind.Cas.291

..... from going into the others. the first question is whether four applications are necessary in this case for taking action under section 66(2) of the act. that is the section which says that the income tax. commissioner is to state a case when a proper application is made accompanied by the proper fee which is rs. 100, as matters stand. these applicants ..... case or whether the commissioner had no discretion in the matter. the answer is that the statute fixes a time and it would be an obviously undesirable burden on the income tax commissioner to put upon him the consideration of questions as to whether he should exercise discretion in the direction of leniency in one case and not in another. the statute ..... , it is obvious that, as they were separately assessed, their cases must be separately stated and they must pay a separate fee of rs. 100 for each assessment under the act.2. then, the next question is if the answer to question (1) is in the affirmative as it has now been answered in the affirmative whether there was no proper ..... assessments and four appellate orders. under section 66(2) each assessee must put in a separate-application and each must deposit the prescribed fee of rs. 100. i cannot, therefore, act on the present application.' then he goes on: 'if you wish me to deal with all the cases, will you please send four separate applications and an additional rs. 300 .....

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Apr 21 1926 (PC)

The Commissioner of Income-tax Vs. the Nedungadi Bank Ltd.

Court : Chennai

Reported in : AIR1926Mad1048; (1926)51MLJ403

..... should be answered in the negative.krishnan, j.3. this is a reference under section 66(2) of the income-tax act of 1922 by the commissioner of income-tax with reference to the assessment of income-tax of the nedun-gadi bank at calicut. that bank has branches both in british india and travancore and cochin. the ..... been earned in cochin and travancore can be said to have been brought into british india within the meaning of section 4(2) of the indian income-tax act?4. section 4(2) refers to profits and gains of business arising outside british india of a person resident in british india. the nedungadi ..... have been earned in cochin and travancore. this bank has these two branches outside the limits of british india. under section 4(2) of the income-tax act the profits and gains of a business accruing or arising outside british india may be deemed to have accrued or arisen in british india, provided that ..... british india, we cannot decide the question in his favour. i am of opinion that there is sufficient evidence to justify the finding of the income-tax authorities, and on that ground i answer the first question in the affirmative.5. the second question referred to us is with regard to the ..... the calicut office,, which is in british india, and therefore that the whole of the amount shown as net profits of the bank is liable to income-tax.2. the second question is whether the bank can exclude the amount paid as contribution to the employees' provident fund under the heading of 'expenditure .....

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Apr 23 1926 (PC)

The Commissioner of Income-tax Vs. Mangalagiri Sri Umamaheswara GIn an ...

Court : Chennai

Reported in : AIR1926Mad1032; 97Ind.Cas.850; (1926)51MLJ360

..... .2. this is a reference under section 66(2) of the indian income-tax act (xt of 1922); the question referred for our decision is:whether the allowance provided in section 10(2)(iv) of the indian income-tax act, 1922 is admissible in computing the income of an assessee who has leased out his plant, machinery and buildings?3 ..... wear and tear and it is in respect of the latter loss that the company claims the deduction under section 10(2)(vi). the commissioner of income-tax has held that the property is not used by the assessee for the purpose of the business, but i agree with the learned chief justice and ..... on the business of letting the mill for the purpose of being worked by the lessees.6. as very correctly observed by the learned commissioner of income-tax two conditions must be fulfilled by the assessees before they become entitled to the deduction claimed for depreciation under section 10(2) (vi) the property ..... the lease and is part of the business of the lease. that part of the rent which represents the loss due to depreciation is not really income to the lessors but is meant to make good the loss on capital value of the machinery. i agree with the learned chief justice in holding ..... business, because it is not only necessary for an assessee before becoming entitled to the deduction for depreciation under section 10(2)(vi) of the act to be the owners of the property in respect of the property depreciated but that also that property must be used for the purpose of the business .....

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Nov 17 1926 (PC)

Peria Koil Kelvi Appan Govinda Ramanuja Pedda Jeeyangarlavaru Vs. Kada ...

Court : Chennai

Reported in : AIR1927Mad398; (1927)52MLJ161

..... that case it was held that the decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51 of the income-tax act was merely advisory and not judicial. in these circumstances, it is difficult to hold that by the pronouncement referred to their lordships of the privy council have overruled the long .....

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Feb 07 1927 (PC)

The Commissioner of Income-tax Vs. T.S. Firm, Tanjore

Court : Chennai

Reported in : (1927)53MLJ249

..... of its business, was divided between two localities, each of them may be said to be a residence of the company for the purposes of the income-tax act. but i read the learned lord chancellor as emphasising the words 'central management and control' by which i understand that the suggested second residence must not ..... as follows:in the circumstances of this case, can the assessee, the t.s. firm, be said to be resident in british india?2. the income-tax acts take residence as the test which is no doubt easy enough to apply in the case of an individual but leads to difficulties when you are dealing ..... effect of this decision is that, when the central management and control of a company abides in a particular place, the company is held for purposes of income-tax to have a residence in that place; but it does not follow that it cannot have a residence elsewhere. an individual may clearly have more than ..... on to cite some earlier decisions and concludes thus (earlier decisions which he holds as laying down the rule that a company resides for the purpose of income-tax where its real business is carried on) and he adds:i regard that as the true rule, and the real business is carried on where the ..... one residence : see cooper v. cadwalader (1904) 5 tax cases 101; and on principle there appears to be no reason why a company should not be in the same position. the central management and control of .....

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Mar 04 1927 (PC)

S.S. Balakrishna Aiyar and anr. Vs. Parvathammal and anr.

Court : Chennai

Reported in : (1927)53MLJ494

..... , madras v. moihay ganga raju (1920) 52 mlj 273] that under section 66(2) of the income-tax act, 1922 neither the court nor an official has any power to extend the time limited by the ..... section 13. this opinion in my judgment carries the present case no further. it is confined to the construction of certain sections in the arbitration act which act contains certain powers for extending the time in the same way as order 65, rule 27, reg. 57 in the annual practice does. there ..... is another form of order available and appropriate where the court thinks that severe terms should be imposed, namely, that on failure to do certain acts within a specified time, then the action do stand dismissed without further order. in this case no such words are in the order.8. then ..... argument is that the matter falls under section 148, civil procedure code:where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may in its discretion from time to time enlarge such period even though the period originally fixed ..... is no warrant for holding that the extension of time permitted by those sections is of universal application. on the contrary the full bench has recently held [the commissioner of income-tax .....

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Mar 04 1927 (PC)

S.S. Balakrishna Iyer and anr. Vs. Parvathammal and anr.

Court : Chennai

Reported in : AIR1928Mad154; 105Ind.Cas.124

..... , madras v. muthey ganga raju : (1927)52mlj273 , that under section 66(2) of the income tax act, 1922, neither the court nor an official has any power to extend the time limited by the section. ..... section 13. this opinion in my judgment carries the present case no further. it is confined to the construction of certain sections in the arbitration act which act contains certain powers for extending the time in the same way as order lxv, rule 27, reg. 57, in the annual practice does. ..... is another form of order available and appropriate where the court thinks that severe terms should be imposed--namely, that on, failure to do certain acts within a. specified time then the action do stand dismissed without further order.' in this case no such words are in the order.'9. then ..... argument is that the matter falls under section 148, civil procedure code.where any period is fixed or granted by the court for the doing of any act prescribed or allowed by this code, the court may, in its discretion, from time to time, enlarge such period, even though the period ..... there is no warrant for holding that the extension of time permitted by those sections is of universal application. on the contrary the full bench has recently held. commissioner of income tax .....

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May 04 1927 (PC)

The Commissioner of Income-tax Vs. A.T.K.P.L.S.P. Subramaniam Chettiar

Court : Chennai

Reported in : AIR1927Mad841; (1927)53MLJ379

..... . 12,174 is entered as interest on that money from penang and the assessee has in respect of that interest been assessed under section 4, subsection 1 of the indian income-tax act as income accruing, arising or received in british india. the assessee contends that interest so credited in the rangoon books is interest earned outside british india, that is foreign ..... in this case on the facts, that is to say the mercantile basis of accountancy voluntarily adopted by the assessee, the interest is income which properly arises under section 4, sub-section 1 of the indian income-tax act. our answer to the first question referred to us is in the affirmative and in view of this answer the second question does not arise ..... there has in fact been no actual receipt of the money in rangoon and that therefore it is not income arising under section 4, sub-section 1 of the indian income-tax act and is not income arising under section 2, sub-section 2 of the same act because it has never been received in british india. the short answer to that contention in our view ..... is to assess the profits of the rangoon business under section 10 of the indian income-tax act computed in the manner directed by section 13 of the same act. section 13 was no doubt introduced to obviate many difficulties. it is a great advantage to both traders and income-tax officers. it is open to a trader to adopt either the mercantile basis of accounting .....

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