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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: chennai Year: 1926 Page 1 of about 25 results (0.064 seconds)

Jan 12 1926 (PC)

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

Court : Chennai

Decided on : Jan-12-1926

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

Decided on : Apr-21-1926

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

Decided on : Apr-23-1926

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

Decided on : Nov-17-1926

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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Jan 12 1926 (PC)

The Commissioner of Income-tax Vs. Mothay Ganga Raju and ors.

Court : Chennai

Decided on : Jan-12-1926

Reported in : (1927)52MLJ273

..... 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 ..... 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 separate assessment under the act.4. 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,2. then he goes onif 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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Oct 19 1926 (PC)

C. Govindarajulu Naidu Vs. the Secretary of State for India in Council

Court : Chennai

Decided on : Oct-19-1926

Reported in : (1927)53MLJ355

..... in my opinion no application to this case. that case dealt with a mandamus to the income-tax officer to make an assessment and was a matter which was merely a preliminary towards the assessment of the assessee. the acts complained of in this case were not in any sense preliminary but in my view directly related ..... to the collection of customs. i may add that the question as to whether or not section 106(2) of the government of india act does prohibit the exercise by this court of its original jurisdiction in revenuematters has been decided by the learned chief justice in best & co., ltd. v ..... from preventing or hindering the collection of revenue; and it seems to me impossible to hold that the seizure and confiscation of smuggled goods is not an act ordered or done in the collection of revenue, as it is obviously designed to facilitate the collection of customs and therefore the revenue.14. the decision ..... obtained and no such leave has been obtained. the plaintiff's contention here is that the suit is for conversion of his goods and that the act of conversion was the order for the confiscation of his goods made here in madras by the collector of customs. he could have sued for damages ..... point is taken on behalf of the secretary of state that this is a matter affecting the revenue and that section 106(2) of the government of india act covers the matter. on that subject i have nothing to add to what i said in my own considered judgment which is reported in best & co., .....

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Jan 11 1926 (PC)

The Commissioner of Income-tax Vs. thevara Patasala by Manager, Arunac ...

Court : Chennai

Decided on : Jan-11-1926

Reported in : AIR1926Mad949; (1926)51MLJ123

..... for charitable purposes chooses to raise funds for those purposes by carrying on a business in competition with other persons who have to pay income-tax, they like them will have to pay income-tax notwithstanding the fact that the ultimate surplus of the profits is all going to the charitable object. in our opinion, that is ..... . 68 we think that that principle applies quite clearly to the indian act as the allahabad high court hold and that the answer to this reference must be that the proceeds derived from the carrying on of this rice mill are assessable to income-tax. the person whom we declare to be assessable and whom we make ..... aside for a trust purpose, which purpose was to establish a thevara patasala, that is, a school for teaching hindus tamil hymns, and that the income from the balance of the amount after erecting a building was to be used for the upkeep and carrying on of the school.the direction was that ..... rice mill apparently they purchased it and they carried on there the business of milling rice and derived income from it. the point taken by the crown is that on that income they are liable to be taxed as being the profits of the business. it is quite clear to our minds that if they are ..... the profits of a business they cannot at the same time be income derived from property held under trust wholly for religious .....

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Mar 12 1926 (PC)

The Municipal Council, Constituted Under the District Municipalities A ...

Court : Chennai

Decided on : Mar-12-1926

Reported in : AIR1926Mad1187; (1927)52MLJ360

phillips, j.1. the learned judge has held that the respondent's firm are not liable to pay the professional tax under the madras district municipalities act except at their principal place of business. the section which imposes the tax is section 93, and reading that section by itself it would seem to include all places of business in which the firm carries on trade. that this is not so is clear from clause 3 of the same section which shows that if a tax is paid in one municipality that amount may be deducted from the income-tax that may fall due in another and we have further the provision under rule 18 of schedule iv which states what persons shall be deemed to have exercised a profession or trade or calling, and there it is distinctly laid down that he shall be deemed to have exercised a profession, art, trade, or calling, if his principal office or place of employment is within the municipality. the argument that the word 'principal' only qualifies 'offices' and not 'place of employment' must certainly be negatived for otherwise the last sentence of that section would be entirely meaningless. the natural construction of the word is that 'principal' qualifies both 'office' and 'place of employment.' if that is so the decision of the learned judge is right and we agree with his conclusion.2. the appeal is dismissed with costs.

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Feb 22 1926 (PC)

The Collector of Chingleput District Vs. Kadir Mohideen Sahib

Court : Chennai

Decided on : Feb-22-1926

Reported in : AIR1926Mad732; 95Ind.Cas.883; (1926)50MLJ566

..... the district judge's figures his conclusion is somewhat wrong.30. an investment of about rs. 42,000 in 6 per cent bonds will fetch an annual income of rs. 2,500. it must be remembered that it is unnecessary to make an investment of such a large sum, for the whole of the capital ..... minerals lying under the land and if the minerals are intended to fie excluded, the government when making a declaration under section 6 of the land acquisition act, has to insert a statement that the minerals are not needed. the owner of the minerals if desirous of working them has then to give notice ..... first instance enquired into the value of the property under section 11 of the act made an award granting as compensation, rs. 6,677-13-8. the claimant was dissatisfied and on his application a reference was made under section 18 ..... the parties to bear costs.venkatasubba rao, j.the government have filed appeals nos. 58 and 59 of 1923 from the award under the land acquisition act of the district judge of chingleput and the claimant kadir mohideen sahib has filed memorandum of objections in both these appeals. the deputy collector who in the ..... and as i agree with him generally i shall deal with the case ony briefly.2. the objection based on section 25, clause (2) of the land acquisition act (1 of 1894) is clearly untenable. clause (1) says that the claim to compensation has to be made ' pursuant to the notice given under section 9 .....

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Mar 04 1926 (PC)

Kadiresan Chettiar Vs. Ramanathan Chetti and anr.

Court : Chennai

Decided on : Mar-04-1926

Reported in : AIR1927Mad478

..... conditions and in such manner in all respects as my attorney shall think fit and from time to time receive the issues, profits and interests and income arising therefrom and to resell; assign, transfer and dispose of the said securitiesand so forth. that seems to absolve me from the task, for ..... on all the facts proved one can reasonably infer such an intention there can be no ratification. the illustrations to section 197 of the contract act relied on by the learned counsel only show that in the absence of other evidence to explain the conduct of the principal the circumstances mentioned in ..... : see section 198 of the contract act. we have, therefore, only to consider what plaintiff did after he was informed of the purchase of these shares and knew the material facts about ..... letters and conduct after the oil shares had been purchased. now ratification implies an intention to ratify on the part of the principal; and any act of his can be relied on as amounting to ratification, only if done after he had full knowledge of the material facts of the transactions ratified ..... part of the case that was particularly pressed by the learned counsel for the defendant. ratification may be express or implied under section 197, contract act. it was not pleaded in the case that there was any express ratification, but it was urged that ratification should be implied from plaintiff's .....

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