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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Year: 1967 Page 1 of about 674 results (0.091 seconds)

Jan 02 1967 (HC)

Jeewanram Gangaram Vs. Commissioner of Income-tax, West Bengal.

Court : Kolkata

Decided on : Jan-02-1967

Reported in : [1967]64ITR483(Cal)

..... distinct from the profits and losses of the firm in the state of mysore.'this firm, as constituted as above, applied for its registration under section 26a of the income-tax act. the income-tax officer refused to register the firm on the theory that the minors had been made partners in the firm liable to share losses even; they had not been merely ..... intimation that one of the named partners was a minor. for the assessment year 1947-48, a registration of the firm was sought under section 26a of the indian income-tax act. the income-tax officer refused to accorded registration on the ground that a minor had been admitted as a partner contrary to law. an appeal against the order before the appellate assistant ..... right in holding that no valid firm came into existence under the aforesaid instrument. that being our opinion, the firm deserved registration under section 26a of the income-tax act and the order of the income-tax officer granting registration to the firm was not prejudicial to the interest of revenue.mr. roy sought to challenge the order of the commissioner, which was ..... have all the rights connected with the business.'on an application for registration of the firm being made under section 26a of the income-tax act, 1922, the income-tax officer rejected the application. the appellate assistant commissioner affirmed the decision of the income-tax officer. the tribunal, however, differed and ordered registration of the firm. the high court agreed with the tribunal. in this .....

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Jan 03 1967 (HC)

C. Venkata Reddy and anr. Vs. Income-tax Officer (Central) I, Banglore ...

Court : Karnataka

Decided on : Jan-03-1967

Reported in : [1967]66ITR212(KAR); [1967]66ITR212(Karn)

..... 19(1)(d), (f) and (g). 26. before doing so, we might very briefly refer to the legislative history behind the present section 132 of the income-tax act. 27. as already stated, the authorities under the income-tax act did not originally posses the power of search and seizure; they had only the powers normally exercised by civil courts under the code of civil pprocedure ..... in which are to quash, by the issue of appropriate writs, the warrants or authorisations sees to have been issued by the 3rd respondent, the commissioner of income-tax, under section 132 of the income-tax act and to direct the return of all books and documents taken possession of at the searches conducted as stated above. the preliminary orders were passed on the writ ..... like the magistrate. 71. we, therefore, hold that section 132 of the income-tax act, 1961 is not violative of the fundamental right guaranteed under article 14 of the constitution. 72. regarding article 19, the line of reasoning in the judgment of the supreme court ..... is certainly open to correction by the high court under article 226 of the constitution. 70. we are not, therefore, satisfied that the safeguards provided in section 132 of the income-tax act are ineffective or illusory for reason only of the fact that the original authorisations for search are issued by an officer of the department and not by an independent authority .....

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Jan 03 1967 (HC)

C. Venkata Reddy and anr. Vs. Income-tax Officer, (Central)-i and ors.

Court : Karnataka

Decided on : Jan-03-1967

..... 19(1)(d), (f) and (g).25. before doing so, we might very briefly refer to the legislative history behind the present section 132 of the income-tax act.26. as already stated, the authorities under the income-tax act did not originally possess the power of searching and seizure; they had only the powers normally exercised by civil courts under the code of civil procedure ..... prayers in which are to quash by the issue of appropriate writ the warrants or authorisations said to have been issued by the 3rd respondent, the commissioner of income-tax, under section 132 of the income-tax act and to direct the return of all books and documents taken possession of at the searches conducted as stated above. the preliminary orders were passed on the ..... original authorisations for search are issued by an officer of the department and not by an independent authority like the magistrate.66. we therefore hold that section 132 of the income-tax act, 1961, is not violative of the fundamental right guaranteed under article 14 of the constitution.67. regarding article 19, the line of reasoning in the judgment of the supreme ..... attendance of witnesses, examining them on oath, compelling the production of books and documents, issuing commissions, etc. in 1938, a bill was moved in the central legislature to amend the income-tax act so as to confer certain additional powers to enter business premises, seize books, etc. the bill was, however dropped on account of serious opposition to it. after the first world .....

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Jan 03 1967 (HC)

R.N. Abdul Wahab and Co. Vs. Assistant Commissioner of Commercial Taxe ...

Court : Karnataka

Decided on : Jan-03-1967

Reported in : AIR1968Kant100; AIR1968Mys100; (1967)1MysLJ284

..... detail by us in the order just pronounced in writ petn. no. 2310 of 1966 (mys.) dealing with the constitutionality of section 132 of the indian income-tax act, 1961. it is unnecessary therefore to discuss them over again in this order.(17) it is enough to say that the power of search and seizure is ..... ) in the result, we allow this writ petition and make an order declaring that sub-section (3) and (4) of section 28 of the mysore sales tax act, 1957, are unconstitutional, void and therefore unenforceable, and quash the impugned order of the 1st respondent dated 11-5-1965. we make a further direction that the ..... guaranteed under articles 14 and 19(1)(f) and (g).(5) hence the first point for consideration is whether the said section 28 of the mysore sales tax act, 1957, is invalid as being violative of articles 14 and 19(1)(f) and (g) of the constitution.(6) the section reads as follows:--'28. ..... court.(4) the books in question were seized by the respondent in exercise of the power under sub-section (3) of section 28 of the mysore sales tax act, 1957. apart from certain contentions based on the peculiar facts of this case and a certain interpretation sought to be placed on the opening words of clause ..... in this behalf. (3) (a) if any such officer has reason to suspect that any dealer is attempting to evade payment of any tax due from him under this act, he may, for reasons to be recorded in writing, seize such accounts registers and documents of the dealer as he may consider necessary and .....

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Jan 04 1967 (HC)

R. Hanumanthappa and Son Vs. Commissioner of Income-tax

Court : Karnataka

Decided on : Jan-04-1967

Reported in : [1968]68ITR35(KAR); [1968]68ITR35(Karn)

..... year, exceeding the amount payable on the basis of such assessment, a refund shall be given of the difference.' 9. the mysore income-tax act, 1920, referred to therein is in pari materia with the earlier indian income-tax act of 1918. under those acts, income-tax was paid for each income-tax year in respect of the income of that year. the position was changed with the introduction of the indian ..... parts in the hands of the several members of the quondam coparcenary into which it has become split up and the discontinuance contemplated by section 25(3) of the indian income-tax act cannot consequently be postulated. the argument overlooks that the conception of 'continuance' as excluding and the conception of 'discontinuance' as warranting the operation of sub-section (3) are alike ..... in the circumstances of the case, the assessee is entitled to exemption under section 25(3) of the mysore income-tax act ?' 8. section 25(3) of the mysore act is the same as the section and sub-section of the same number of the indian income-tax act, 1922, as it stood before the amendment of 1939, and read as follows : '25. (3) where any ..... business, profession or vocation... on which tax was at any time charged under the provisions of the mysore income-tax act, 1920, is discontinued, no tax shall be payable in respect of the income, profits, and gains of the period between the end of the previous year and the date of such discontinuance .....

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Jan 04 1967 (HC)

Commissioner of Income-tax, Punjab Vs. Prabhu Dayal.

Court : Punjab and Haryana

Decided on : Jan-04-1967

Reported in : [1968]67ITR138(P& H)

..... cannot provide a good guide for cases which have to be decided under the statutory provisions of the indian income-tax act. in this respect, he referred to the observations of hidayatullah j. in the supreme court decision in senairm doongarmall v. commissioner of income-tax. at pages 397 and 398 of the report this is what the learned judge observed :'now it is necessary ..... for the respondent urged that section 6 of the indian income-tax act deals with six heads of income, profits and gains that are chargeable to income-tax. these are :(i) salaries(ii) interest on securities(iii) income on property(iv) profits and gains of business, profession or vocation(v) income from other sources(vi) capital gains.admittedly, the income arising from the contract before us cannot fall under ..... first consideration before holding a receipt to be profit or gains within section 10 of the income-tax act was to see if there was a business at all of which it could be said to be income. the primary condition of the application of section 10 was that tax was payable by an assessee under the head profits and gains of a business in ..... in van den berghs case. reference was also made in support of his contention to kelsall parsons & co. v. commissioner of inland revenue, t. sadasivam v. commissioner of income-tax and commissioner of income-tax v. r. b. jairam valji. in kelsalls case the appellants carried on business as agents on commission basis for the sale in scotland of the products of various manufacturers .....

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Jan 05 1967 (HC)

Setabganj Sugar Mills Ltd. Vs. Commissioner of Income-tax.

Court : Kolkata

Decided on : Jan-05-1967

Reported in : [1967]65ITR201(Cal)

..... hereinbefore quoted, was referred to this court.it is necessary for us, at this stage, to recite the material portion of sub-section (2) of section 24 of the indian income-tax act, as it stood before the amendment in 1955 :'where any assessee sustains a loss of profits or gains in any year... in any business, profession or vocation, and the loss ..... law including the question whether the business of the assessee in sugar and in gunny, etc. the assessee-company next moved the high court, under section 66(2) of the income-tax act, for calling upon the tribunal to state a case on those questions but that application was also summarily dismissed. thereafter, the assessee-company appealed before the supreme court with special ..... wit, manufacture and sale of sugar and sale and purchase of gunnies, jute and mustard seeds constituted the same business within the meaning of section 24(2) of the indian income-tax act, 192 ?'the circumstances in which the aforesaid reference was made are hereinafter stated in brief : the assessee is a public limited company and was incorporated, on august 27, 1934, primarily ..... found that there was a net loss of rs. 2,09,306 in sugar business and set off the amount of loss under section 24(1) of the indian income-tax act against the profit of rs. 6,14,018, made in respect of the other transactions mentioned above. the assessee-company wanted to set off profit, namely, rs. 4,04,712, .....

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Jan 05 1967 (HC)

N. C. R. Rajagopala Chettiar Vs. Fourth Income-tax Officer, Coimbatore ...

Court : Chennai

Decided on : Jan-05-1967

Reported in : [1968]67ITR210(Mad)

..... than exercise of the power of rectification vested in the relative officers. there are other sections in the income-tax act which limit exercise of their powers within a stated period of limitation, whether suo moto or on an application. it is doubtful, therefore, whether having regard to the language of ..... can be exercised at any time thereafter, and it is not necessary that the power should be exercised within the period fixed.'the language employed by section 35 of the income-tax act is not entirely in pari materia. it is not possible in our view to say that section 35 lays down limitation for application for application to rectify a mistake rather ..... nadar v. state of madras. that related to section 34 of the madras agricultural income-tax act. sub-section (2) of that section, inter alia, provided that the commissioner of agricultural income-tax shall not revise any order which had been made more than three years previously. under the old agricultural income-tax act the period was one year. in that case an application to rectify the mistake ..... each of which he was a member. this was included in the petitioners income and brought to tax under section 16 (3) of the income-tax act, 1922. on this portion of the income an additional surcharge at 15 per cent. was levied, treating the same as unearned income under the provisions of the finance act, 1958. it is common ground now that this levy could not be .....

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Jan 05 1967 (HC)

A. K. Bashu Sahib Vs. First Income-tax Officer, Vellore.

Court : Chennai

Decided on : Jan-05-1967

Reported in : [1967]66ITR20(Mad)

..... . on august 30, 1962, his auditor made an estimate of the income and probable tax payable for that year. but this was not in the form prescribed under section 212(4) of the income-tax act, 1961. it was only the next day the assessee sent an estimate in the prescribed form ..... but that reached the income-tax officer on september 5, 1962, as the interval, as it is stated, happened to be holidays ..... assessment on the assessee was for the assessment year 1959-60. the tax assessed for that year was rs. 1,37,349.26. on august 13, 1962 by a notice of the income-tax officer, the assessee was asked to pay the advance tax for the accounting year 1962-63 on the basis of the earlier assessment ..... . the contention for the assessee is that he is entitled to pay even the first installment of the advance tax demanded in accordance with this estimate.we are ..... that we cannot accept the view of the assessee. sections 210 to 212 and 218 of the act, read together, make it manifest that, in order that an assessee may pay a particular installment of advance tax in accordance with his estimate, the estimate must be sent in the prescribed form before the date .....

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Jan 09 1967 (HC)

S. Kanagasabapathi Pillai and ors. Vs. Commissioner of Income-tax, Mad ...

Court : Chennai

Decided on : Jan-09-1967

Reported in : AIR1968Mad327; [1968]67ITR735(Mad)

..... the accounting year ended february 1, 1955, he was assessed on a total income which included rs. 10253, as foreign income after deducting the statutory allowance under the third proviso to sec. 4(1) of the income-tax act 1922. the total foreign income consisted of rs. 2400 as salary and the balance, as working share of ..... the assessee's of profits. in the firm of v.t.v. dharmaperumal pillai, the income-tax officer noticed that a sum of rs. 15,000 had ..... was revised under sec. 35, is not clear. but we are of the view that so far as rs. 10253 that was brought to tax by the income-tax officer is concerned, there can be no doubt that the charge should in any case be sustained on the accrual basis. the controversy, therefore, ..... without actual cash being handled, may as much result in remittance as by the physical transfer of cash. this proposition is supported by authority. commissioner of income-tax v. subramaniam chettiar, ilr (1927) mad 765 = air 1927 mad 841, decided by a full bench of this court held that credit entries made on ..... be treated as payments though that interest was not actually paid in british india. this decision was approved by the supreme court in indermani jatia v. commissioner of income-tax, u. p. : [1959]35itr298(sc) . in taking that view, the supreme court observed:'this decision ilr (1927) mad 765 = air 1927 mad 841 .....

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