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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: chennai Page 9 of about 27,652 results (0.095 seconds)

May 05 1927 (PC)

The Commissioner of Income-tax Vs. Sheikh Abdul Kadir Marakayar and Co ...

Court : Chennai

Reported in : AIR1928Mad257; 108Ind.Cas.73; (1928)54MLJ298

..... act;(d) whether the commissioner in exercise of the powers under section 33 can re-open and enhance an ..... arise or require to be answered.8. then as regards question (c) which is as follows:whether sections 33 and 28 of the income-tax act, 1922, are not controlled by the provisions of section 34 of the same act.9. taking section 33 first, generally speaking no doubt every section in an enactment is in a sense subject to every other section in ..... khader marakayar and company who were liable to pay income-tax for the assessment year 1923-24 based on the accounts for the year 1922-23 escaped income-tax on a portion of their income by reason of certain sources of their income being withheld. under the provisions of section 34 of the income-tax act xi of 1922 the income-tax officer was entitled to proceed before the end of ..... ) whether in the circumstances of this case the powers of review under section 33 of the income-tax act, 1922, could be exercised by the commissioner with a view to re-open and enhance an assessment made under the old income-tax act of 1918;(c) whether sections 33 and 28 of the income-tax act, 1922, are not controlled by the provisions of section 34 of the same .....

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Sep 05 1927 (PC)

The Commissioner of Income-tax Vs. Yagappa Nadar

Court : Chennai

Reported in : AIR1927Mad1038; (1927)53MLJ666

..... the petitioner that he as lessee of the trees is entitled to treat the income derived from the toddy which is ..... produced from these trees as agricultural income. the juice which by ..... 1. the question referred by the income-tax commissioner is:whether toddy extracted from cocoanut trees situate on lands assessed to government revenue is or is not agricultural income 'within the meaning of section 2(1) and whether the income-tax act applies to profits derived from the sale of such toddy.2. it is contended for ..... or as lessee done some agricultural operation by reason of which he becomes possessed of the toddy and therefore is entitled to treat the proceeds as income from agriculture. it is contended here that the petitioner is the lessee of the trees, but admittedly not of. the land on which they stand ..... which the trees grow. if the income is obtained by a person who has not produced the trees from which the toddy is tapped, or has not done any agricultural operation whereby those trees have been raised, it is not agricultural income within the meaning of the act.3. counsel's fee rs. .....

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Sep 05 1927 (PC)

The Commissioner of Income-tax Vs. Binny and Co. (London), by Agents B ...

Court : Chennai

Reported in : (1927)53MLJ672

..... recovered' does not necessarily mean the actual taking back of what has been given as is obvious from its use throughout the income-tax act. in section 18(8) which deals with 'deduction of tax in advance,' it is observed that 'the power to levy by deduction under this section shall be without prejudice to any ..... must be read as meaning tax was refunded to ..... the words 'tax was recovered' in section 50 of the indian income-tax act. it is contended by the assessee that the word 'recovered' which ordinarily has the meaning of taking back must refer to the repayment of the tax in the united kingdom referred to in section 49 and that the words 'tax was recovered' ..... has been pointed out to us that this interpretation may cause hardship in individual cases where there has been delay on the part of the income-tax authorities in england in making the refund there, such delay not being due to the default of the assessee. we would point out that this ..... act does not provide for recovery by coercive process, but even then there is no taking back of what has been given any more than when the tax is received by voluntary payment. possibly there is an implication in the word 'recover' that the tax is a sum, which has to be deducted out of the income .....

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Sep 05 1927 (PC)

Commissioner of Income-tax Vs. Binny and Co.

Court : Chennai

Reported in : AIR1927Mad1039

..... necessarily mean the actual taking back of what has been given as is obvious from its use throughout the income-tax act. in section 18 (8) which deals with 'deduction' of tax in advance, it is observed that:the power to levy by deduction under this section shall be without ..... tax was recovered' in section 50, indian income-tax act. it is contended by the assessee that the word 'recovered,' which ordinarily has the meaning of 'taking back' must refer to the repayment of tax in the united kingdom, referred to in section 49, and that the words 'tax was recovered' must be read as meaning 'tax ..... out to us that this interpretation may cause hardship in individual cases where there has been delay on the part of the income-tax authorities in england in making the refund there, such delay not being due to the default of the assessee. we would point ..... was refunded to the assessee under the provisions of section 27, finance act ..... act does provide for recovery by coercive process, but, even then, there is no taking back of what has been given any more than when the tax is received by voluntary payment. possibly, there is an implication in the word 'recover' that the tax is a sum which has to be deducted out of the income .....

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Sep 06 1927 (PC)

The Commissioner of Income Tax Vs. Mohideen Sahib of Bellary

Court : Chennai

Reported in : 106Ind.Cas.226

1. the question referred is, 'whether a body of individuals who have agreed to take in auction, work and share the profits from four toddy shops can be taxed under section 3 of the income tax act on the combined profits of the four shops.'2. the income-tax commissioner finds that there was a body of seven persons who formed a sort of partnership. of these seven persons, four bid and obtained leases of four toddy shops and the profits from those four toddy shops were shared between the seven persons; apparently also all the seven assisted in the working and financing of those shops. on this finding he holds that this association of persons was not an illegal association under the abkari rules, here the petitioner's vakil questions that finding and contends that his client and others have offended against the law in that they have contravened the provisions of rule 27 of the general conditions of those licenses, viz., 'no privilege of supply or vend shall be sold, transferred or sub-rented without collector's previous permission.' there is no evidence that the license-holders have either sold, transferred or sub-rented the shops which they have taken on lease. it is not, therefore, apparent how that rule has been contravened and, certainly, we cannot presume illegality, in the absence of any evidence of such illegality.3. the answer, therefore, to the question must be in the affirmative. costs, including counsel's fee rs. 250 to be paid by the petitioner.

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Sep 06 1927 (PC)

The Commissioner of Income-tax Vs. Mohideen Sahib of Bellary

Court : Chennai

Reported in : (1927)53MLJ719

..... , 'whether a body of individuals who have agreed to take in auction, work and share the profits from four toddy shops can be taxed under section 3 of the income-tax act on the combined profits of the four shops'.2. the income-tax commissioner finds that there was a body of seven persons who formed a sort of partnership. of these' seven persons, four bid .....

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Sep 16 1927 (PC)

The Commissioner of Income-tax Vs. R.E. Muhammad Kassim Rowther of R.E ...

Court : Chennai

Reported in : (1928)54MLJ219

..... of capital put in by them any payment to them as interest on that capital cannot be deducted under section 10 (iii) of the indian income-tax act. in view of the language of the section which is very clear, we think it is unnecessary to refer to the cases cited before us ..... a promise that such expenditure would be made in the future that has possibly produced those profits. rule 3 (l) of schedule d of the english income-tax act, 1918, prescribes that 'in computing the amount of the profits or gains to be charged, no sum shall be deducted in respect of any annual interest ..... being in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains.the income-tax commissioner has held that it has not been shown that the shares were ..... is no partnership, was the income-tax officer right in refusing to deduct from the assessable income the portion of the profits which was paid to the employees as wages?the petitioner claims to deduct the shares payable to the employees under section 10 (ix) of the indian income-tax act, which runs:any expenditure (not ..... the wages of the firm might be deducted and another part not. this may be anomalous, but, it must be remembered that income-tax is calculated on profits and, when the tax has been, calculated, the expenditure on the deferred wages has not been incurred. in fact, it might not ever be incurred .....

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Sep 16 1927 (PC)

Commissioner of Income-tax Vs. R. E. Mahomed Kassim Rowther

Court : Chennai

Reported in : AIR1927Mad1053

..... in respect of capital put in by them any payment to them as interest on that capital cannot be deducted under section 10 (3), indian income-tax act. in view of the language of the section which is very clear, we think it is unnecessary to refer to the cases cited before us ..... it is a promise that such expenditure would be made in the future that has possibly produced these profits. rule 3 (1) schedule d, english income-tax act, 1918, prescribes thatin computing the amount of the profits or gains to be charged, no sum shall be deducted in respect of any annual interest, ..... in the nature of capital expenditure) incurred solely for the purpose of earning such profits or gains.4. the income-tax commissioner has held that it has not been shown that the shares were ..... is no partnership, was the income-tax officer right in refusing to deduct from the assessable income the portion of the profits which was paid to the employers as wages?3. the petitioner claims to deduct the shares payable to the employees under section 10 (ix), indian income-tax act, which runsany expenditure (not being ..... wages of the firm might be deducted and another part not. this may be anomalous, but it must be remembered that income-tax is calculated on profits and when the tax has been calculated the expenditure on the deferred wages has not been incurred. in fact, it might not ever be incurred .....

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Nov 14 1927 (PC)

Bombay Co. Ltd. Vs. Municipal Council Dindigul

Court : Chennai

Reported in : AIR1929Mad146

..... plaintiff company in this case had been assessed, should be deducted as a business allowance under section 10 (2), income-tax act, in assessing income under the latter act and that the tax on companies levied under the madras district municipalities act 1920 is not an income or profession tax, but is a compulsory toll on trading companies without which they are not permitted to carry on their trade ..... for orders for the sale of his merchandise to customers in the united kingdom, was held not to exercise a trade in the united kingdom within the meaning of the income-tax acts, so long as all contracts for the sale of all deliveries of the merchandise to customers were made in a foreign country. the foreign merchant in that case was a ..... former cases referred to on this point it is true that those were decisions under the income-tax act, whereas this is a case not of a tax upon income, because in commissioner of income-tax v. nedungadi bank the companies' tax was held not to be so. but whatever its nature the tax can only be imposed upon a company transacting business for profit within the limits of ..... to legal definition transacting business for profit in dindigul. what it decides is that if a company is assessable to companies' tax, the company is entitled to deduct what it has paid in respect of tax in assessing its income under the income-tax act as an expenditure incurred solely for the purpose of earning profits or gains. i am clearly of the opinion in view .....

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Nov 14 1927 (PC)

The Bombay Company, Ltd. Vs. the Municipal Council

Court : Chennai

Reported in : 108Ind.Cas.216

..... should be deducted as a business allowance under section. 10 (2) of the income tax act in assessing income under the latter act and that the tax on companies levied under the madras district municipalities act, 1920, is not an income or profession tax but is a compulsory toll on trading companies without which they are not permitted ..... the essence of the business or trade, are habitually made, there a trade or business is carried on within the meaning of the income tax acts, so as to render the profits liable to income-tax.10. in hajee sheik meera rowther v. president of the corporation of madras5 ind. cas. 744; 33 m. 82; (sic ..... of his merchandise to customers in the united kingdom, was held not to exercise a trade in the united kingdom within the meaning of the income tax acts, so long as all contracts for the sale of all deliveries of the merchandise to customers were made in a foreign country. the foreign ..... in. dindigul. 'what it decides is that if a company is assessable to companies' tax the company is entitled to deduct what it has paid in respect of tax in assessing its income under the income tax act as an expenditure incurred solely for the purpose of earning profits or gains. i am clearly ..... madras high court in those cases referred to above in considering the construction of words very similar to the municipal act was guided by the construction placed on the words of income tax acts by the house of lords and the privy council and i think that whether the words are 'carrying on .....

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