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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Year: 1968 Page 1 of about 650 results (0.094 seconds)

Jan 01 1968 (HC)

A. Balakrishna Menon and anr. Vs. Inspecting Asst. Commr. of Agricultu ...

Court : Kerala

Decided on : Jan-01-1968

Reported in : AIR1969Ker1

..... legal representatives in management of the properties of deceased person could represent the estate of the deceased for the pur-pose of reassessment proceedings under section 34 of the indian income-tax act, 1922. the court said;'the definition of a legal representative under section 2(11) of the code of civil procedure also runs on the same lines: it means a person ..... pleadings therein before us. therefore, we are unable to cons icier this contention.mathew, j.14. the charging provision in the agricultural income-tax act, 1950, hereinafter referred to as 'the act', reads:'3 (1). agricultural income-tax at the rate or rates specified in the schedule to this act shall, be charged for each financial year in accordance with and subject to the provisions of this ..... raman nayar, j.1. the question is whether the tax due under the provisions of the (kerala) agricultural income-tax act, 1950 (for short, the act) in respect of income derived by a sthanamdar from stha-nam property is, after his death, leviable from the person or persons on whom the property has devolved. the tax, of nearly rs. 85,000, assessed in this case was in ..... respect of income derived during the period, 1-11-1958 to .....

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Jan 01 1968 (HC)

A. Balakrishna Menon and Another Vs. Inspecting Assistant Commissioner ...

Court : Kerala

Decided on : Jan-01-1968

Reported in : [1968]70ITR548(Ker)

..... jj. was delivered by raman nayar j. mathew j. delivered a separate judgment.)raman nayar j. - the question is whether the tax due under the provisions of the (kerala) agricultural income-tax act, 1950 (for short, the act), in respect of income derived by a sthanamdar from sthanam property is, after his death, leviable from the person or persons on whom the property has devolved ..... the pleadings therein before us. therefore, we are unable to consider this contention.mathew j. - the charging provision in the agricultural income-tax act, 1950, hereinafter referred to as the act, reads :'3. (1) agricultural income-tax at the rate if rates specified in the schedule to this act shall be charged for each financial year in accordance with the subject to the provision of this ..... . the tax of nearly rs. 85,000, assessed in this case, was in respect of income derived during the period, november 1, 1956, ..... the estate of the deceased person, to the extent to which the estate is capable of meeting the charge the agricultural income-tax assessed as payable by such person or any agricultural income-tax which would have been payable by him under this act if he had not died.'and, sub-section (2) of the section provides for an assessment being made on the .....

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Jan 03 1968 (HC)

Smt. Gulabbai Legal Representative of Late Karelal Kundanlal Vs. Commi ...

Court : Madhya Pradesh

Decided on : Jan-03-1968

Reported in : AIR1968MP181; [1968]69ITR238(MP); 1968MPLJ223

..... income-tax calcutta v. jitendra nath mallick : [1963]50itr313(cal) . the appellate assistant commissioner accepted the contention and allowed the inclusion of only one-fourth ..... income tax officer, however, held that as one-fourth income was actually spent on charities, the assessee was entitled to deduction of the ..... urged that inasmuch as the trust-deed did not provide for return of whole of the income to the settlor. the three-fourth income was outside the ambit of the first proviso and was governed by the third proviso to section 16(1)(c) of the income-tax act. in support, reliance was placed on the decision of the calcutta high court in commissioner of ..... smt. tarabai. (iii) the remaining four annas share was to be spent on charities 4. the income tax officer held that the settlement of the property was revocable in view of the first proviso to section 16(1)(c) of the income-tax act, 1922, and as such the whole of the income from the said property was assessable in the hands of the assessee. the .....

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Jan 05 1968 (HC)

P.S.S. Bommanna Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Jan-05-1968

Reported in : [1969]73ITR26(Mad)

..... reversing in part, the decision of the appellate assistant commissioner and restoring the penalty levied by the income-tax officer under section 28(1)(c) of the indian income-tax act, 1922, to the extent of rs. 5,000 for the assessment year 1945-46 '32. 1946-47 :' whether, on the facts and circumstances of the ..... law in reversing the decision of the appellate assistant commissioner and restoring the penalty of rs. 42,000 levied by the income-tax officer under section 28(1)(c) of the indian income-tax act, 1922, for the assessment year 1944-45 ?'31. 1945-46 :' whether, on the facts and circumstances of the case, the appellate tribunal was justified, in ..... appellate tribunal was justified in law in reversing the decision of the appellate assistant commissioner and restoring the penalty of rs. 8,000 levied by the income-tax officer under section 28(1)(c) of the indian income-tax act, 1922, for the assessment year 1943-44 ?'30. 1944-45:'whether, on the facts and circumstances of the case, the appellate tribunal was justified in ..... by his wives, daughters and sons cannot be believed.7. as this court exercises jurisdiction only in an advisory capacity in proceedings under section 66 of the indian income-tax act, 1922, and as itdoes not act as an appellate court, we feel that we are justified in upholding the findings of fact of the tribunal which are based on material, and indeed ample .....

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Jan 05 1968 (HC)

Oudh Cocogem and Provision Stores Vs. Commissioner of Income-tax, U.P.

Court : Allahabad

Decided on : Jan-05-1968

Reported in : [1968]69ITR819(All)

..... fail, if it is held that the deed of partnership is partly valid, and a firm was constituted under the deed of partnership.section 26a of the indian income-tax act, 1922 laid down the procedure for registration of firms. sub-section (2) of section 26a laid down that an application for registration shall be dealt with by the ..... opium contract taken in the names of some of the partners only is not a validly constituted firm under the provisions of the opium act, and is not entitled to registration under section 26a of the income-tax act.in the present case, one of the three brothers held a licence in his name. under the deed of partnership it was proposed ..... income-tax appellate tribunal, allahabad. upon an application by the assessee, the tribunal has referred to the court the ..... time. on finding that there was no change in the constitution during the year under assessment, the income-tax officer granted renewal of registration for the relevant assessment year 1958-59. the commissioner of income-tax thought that renewal of registration was erroneous. acting under section 33b of the income-tax act, 1922, he cancelled the registration. the assessee appealed. the appeal was dismissed by the .....

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Jan 05 1968 (HC)

Fraser and Ross, Chartered Accountants Vs. Sambasiva Iyer and anr.

Court : Chennai

Decided on : Jan-05-1968

Reported in : AIR1969Mad134; [1968]68ITR279(Mad); (1968)ILLJ682Mad

..... drastic forms of taxation are being introduced. the chartered accountant has to keep himself abrest of the current and continuing tax information. section 288 of the income-tax act, 1961, shows that a chartered accountant is entitled to appear before the income-tax authorities as the authorised representative of the assessee.' 17. this description shows the highly responsible character of the vocation ..... 3. at a later stage of this judgment, we propose to refer, in some detail to the profession of chartered accountants and auditors in the context of the chartered accountants act (act xxxviii of 1949), the chartered accountants regulations, .1964, and certain treatises and authorities, such as (1) professional ethics of certified public accountants, by john l. carey ..... to the control, supervision and direction of the central council or any of its committees. elections to the councils are held once in three years. therefore, the act. through its provisions, regulates the profession of chartered accountants. it establishes an institute of chartered accountants and provides for the constitution of a council for carrying out the ..... those items of work really relate either to assignments of liquidation, or receivership and managership, most of which were executed many years previously, prior to the chartered accountants act, 1949, and derived from orders of court. we are fully satisfied that messrs. fraser & ross have only been conducting the business of the profession, or strictly .....

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Jan 05 1968 (HC)

Fraser and Ross, Chartered Accountants Vs. Sambasiva Iyer and ors.

Court : Chennai

Decided on : Jan-05-1968

Reported in : (1968)1MLJ361

..... drastic forms of taxation are being introduced. the chartered accountant has to keep himself abreast of the current and continuing tax information. section 288 of the income-tax act, 1961, shows that a chartered accountant is entitled to appear before the income-tax authorities as the authorised representative of the assessee.18. this description shows the highly responsible character of the vocation, ..... to the control, supervision and direction of the central council on any of its committees. elections to the councils are held once in three years. therefore, the act through hits provisions, regulates the profession of chartered accountants. it establishes an institute of chartered accountants and provides for the constitution of a council for carrying out the ..... those items of work really relate either to assignments of liquidation, or receivership and managership, most of which were executed many years previously, prior to the chartered accountants act, 1949, and derived from orders of court. we are fully satisfied that messrs. fraser and ross have only been conducting the business of the profession, or strictly ..... the petitioner-firm raised a preliminary objection to the maintainability of the petition, claiming that the firm did not constitute an 'industry', within the meaning of the industrial disputes act. the labour court negatived this contention, and this has led to the present proceeding in certiorari.2. though, at different stages of the arguments, several of the .....

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Jan 09 1968 (SC)

Commissioner of Income-tax, Bombay, City Ii Vs. Goverdhan Ltd.

Court : Supreme Court of India

Decided on : Jan-09-1968

Reported in : AIR1969SC292; [1968]69ITR675(SC)

..... assessee is a public limited company registered under the indian companies act. its share capital consist of 50,000 shares subscribed and paid up. out of these ..... the judgement of the bombay high court dated september 18, 1962, in income-tax reference no. 34 of 1961 whereby the high court held that the order passed against the respondent, hereinafter referred to as 'the assessee' under section 23a of the indian income-tax act, 1922 (hereinafter referred to as the 'act'), was not justified and valid for the assessment year 1951-52. 2. the ..... be treated as the part of the distributable profit of the company for the purpose of section 23a(1) of the act. in other words, the order made by the income-tax officer against the assessee under section 23a of the act for the assessment year 1951-52 must be held to justified and valid and the question of law referred by the appellate ..... declared any dividend as its annual general meeting during either of the aforesaid two years or within six months thereafter, the income-tax officer issued notices to the assessee to show cause why an order under section 23a(1) of the act should not be passed for the two years. the assessee, however, contended that section 23a was not applicable inasmuch as the .....

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Jan 09 1968 (HC)

Amar Nath Khurana and Sons Vs. Appellate Assistant Commissioner of Inc ...

Court : Punjab and Haryana

Decided on : Jan-09-1968

Reported in : [1969]71ITR153(P& H)

..... ..... with very great respect i am unable to agree with the rule laid down by the learned judges because when exercising his discretion under section 45 of the income-tax act the income-tax officer has not to look to the correctness of his own order of assessment. there are other considerations which have to be seen at the time of declaring ..... here that, during the pendency of the appellate proceedings referred to above, the petitioner-firm had appealed against the order made by the income-tax officer under section 26a of the income-tax act, 1922 (hereinafter referred to as the 'act'), whereby he refused to treat the firm as a registered firm and directed its assessment as unregistered firm. though the appellate assistant commissioner ..... with the scope of section 45, observed at page 268 of the report as follows :'section 45 of the income-tax act does not give an absolute right to an assessee who has preferred an appeal to get an order from the income-tax officer treating him as not indefault pending the appeal, independently of the judgment or discretion of the officer. at ..... firm again wanted the stay of the recovery proceedings and for that purpose approached the respondent-income-tax officer, with its application (marked 'd') dated 21st december, 1966, invoking his jurisdiction under section 220(6) of the new income-tax act, 1961. this application was, however, turned down and the income-tax officer, by his order dated 29th december, 1966 (annexure 'e'), directed the firm .....

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Jan 10 1968 (SC)

Anglo American Direct Tea Trading Co. Ltd. Vs. Commissioner of Agricul ...

Court : Supreme Court of India

Decided on : Jan-10-1968

Reported in : AIR1968SC1213; [1968]69ITR667(SC); [1968]2SCR745

..... in the assessment under the central income-tax act. there is no provision in the kerala act authorising the agricultural income-tax officer to disregard the computation of the tea income made by the income-tax authorities acting under the central income-tax acts. the agricultural income-tax officer in making an assessment of agricultural income is bound to accept the computation of the tea income already made by the central income-tax authorities and to assess only 60 ..... him to compute the income independently applying the relevant provisions of the income-tax act and the agricultural income-tax act. from these orders, the present appeals have been filed by special leave ..... applying the provisions of the income-tax act and make the assessment exercising his powers under the agricultural income-tax act '. following its earlier decision in commissioner of agricultural income-tax, kerala v. perunad plantations ltd. : [1965]56itr193(ker) , the high court held that the agricultural income-tax officer was not obliged to accept the computation of the tea income made by the income-tax officer acting under the income-tax act, and it was open to .....

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