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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 1963 Page 1 of about 49 results (0.088 seconds)

Dec 23 1963 (HC)

Premsukhdas Sitaram Vs. the State and anr.

Court : Kolkata

Decided on : Dec-23-1963

Reported in : AIR1964Cal391,1964CriLJ285,68CWN516

..... more of the departments of government and for the matter of that to any party. mr. dutt points out that unlike sea customs act, 1878 or foreign exchange regulation act, or even previous income-tax act, the income-tax act, 1961 contains provisions by which. income-tax authorities may themselves conduct searches and effect seizures without invoking the aid of the magistrate's court for issue of search warrant. he ..... to decide, in the circumstances of each case, whether he would make over the documents to any authority. one particular circumstance in the present case is that in the income-tax act, 1961 the income tax authorities have now been given extensive powers to get hold of the documents from the parties directly by exercise of the powers given by sections 131 and 132 of ..... .'9. in reply to this contention of dr. debi pal the learned advocate for the petitioner, mr. dutt, has contended that the powers given to the income tax department under section 131 of the income-tax act, 1981 do not include the power of sending for papers from a court given by order 13 rule 10 of the code of civil procedure. mr. dutt ..... court of the chief presidency magistrate that he will treat the documents as confidential and shall not disclose any particulars in these documents as is provided in section of the income-tax act, 1981. the order of the learned chief presidency magistrate therefore requires modification and for that purpose i set aside the order impugned in this rule. the learned chief presidency .....

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Dec 20 1963 (HC)

Srinivas Banking Company Ltd. Vs. Commissioner of Income-tax (Central) ...

Court : Kolkata

Decided on : Dec-20-1963

Reported in : [1965]58ITR89(Cal)

..... stood during the accounting year in question were as follow :'where the income-tax officer is satisfied that in respect of any previous year the profits and gains distributed as dividends by ..... other reason before it, the appellate commissioners order must be set aside and the income-tax officers order must be restored.the following question of law arises in this referenc :'whether, on the facts and in the circumstances of the case, an order under section 23a(1) of the income-tax act was sustainable in la ?'the relevant portions of section 23a(1) as they ..... sankar prosad mitra j. - this is a reference under section 66(1) of the indian income-tax act, 1922. the assessee has been held to be a company in which the public were not substantially interested within the meaning of section 23a of the act. the assessment year is 1950-51 and the corresponding accounting year ended on march 31, 1950. the point in dispute ..... ordinary commercial men take into account are relevant to determine whether it is unreasonable to declare a dividen : vide the decision of the privy council in commissioner of income-tax v. williamson diamonds limited and income-tax reference no. 85 of 1956, ibid. at pages 9 and 10.(7) the crucial test appears to be whether the assessee could have produced sums out of .....

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Dec 17 1963 (HC)

Commissioner of Income-tax Vs. Allahabad Bank Ltd.

Court : Kolkata

Decided on : Dec-17-1963

Reported in : [1966]36CompCas365(Cal),[1966]60ITR384(Cal)

s.p. mitra, j.1. this is a reference under section 66(1) of the indian income-tax act, 1922. the assessment year is 1956-57. the relevant accounting year is the calendar year ending on the 31st december, 1955. the assessee-company's total income was computed at rs. 6,14,525 (rupees six lakhs fourteen thousand five hundred and twenty-five). in computing ..... the tax on this total income in accordance with the finance act, 1956, the income-tax officer calculated the reduction in rebate in the following manner:rs. rebaters.total dividend and bonus declared during the year (the bonus declared is also to be included in the ..... capital...1,22,[email protected] 2 as.15,250 2,44,[email protected] 3 as.45,750 61,0002. the income-tax officer based his calculation on the paid up share capital at rs. 30,50,000 (rupees thirty lakhs and fifty thousand). according to the finance act, 1956, the expression ' paid-up capital ' means the paid-up capital of the company as on the ..... and fifty thousand) were transferred to the 'reserve fund and other reserves account' disclosing an aggregate figure of rs. 1,08,00,000 (rupees one crore and eight lakhs). the income-tax officer did not aggregate the paid-up share capital by the addition of the amount received on the issue of shares at a premium and did not, therefore, allow the .....

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Dec 06 1963 (HC)

Fuel Supply Co. Vs. Commissioner of Income Tax

Court : Kolkata

Decided on : Dec-06-1963

Reported in : AIR1965Cal28,[1965]58ITR130(Cal)

..... treated as consisting of two separate orders or not. the real point to consider is whether the third restrictions of section 33-b of the indian income-tax-act has been over stepped or not.'this observation shows that whatever was statedi by the two respective learned judges, ramaswami,. j. and misra j. ..... form and the other in dii form were to be filed. according to mr. ghosh, in terms of rule 21 of the rules under the income tax act form b is the residuary form and an appeal of the nature as filed by the assessee before the assistant appellate commissioner was in order. furthermore ..... status of unregistered firm without giving the assessee any opportunity of being heard as laid down in the proviso to section 23 (4) of the income tax act.'2. it will appear from the statement of the case, in which the order of the appellate assistant commissioner has been quoted, that the quantum ..... an appeal against the refusal of registration when the assessment and the refusal are made in the same order under section 23(4) of the income tax act?'the assessee messrs. fuel supply company is a partnership firm carrying on a business in colliery materials tools and other things. the assessment year in ..... 23(4).it runs as follows: ,'in making an assessment on the petitioner firm under sub-section (4) of section 23 of the income-tax act, 1922,' the income-tax officer has refused to register/has cancelled the registration of the firm.'this provision requires that a separate appeal has to be filed, although .....

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Sep 19 1963 (HC)

In Re: Sulekha Works Ltd.

Court : Kolkata

Decided on : Sep-19-1963

Reported in : AIR1965Cal98

..... .00 and this amount has also been duly paid. for the accounting years 1960 and 1961 the company has paid in full the demand under section 18(a) of the income-tax act and paid in each of the two years rs. 63,175.00. the assessments for the years 1960 and 1961 have not been completed and therefore, the company has not ..... company's contention that it had fully discharged its liabilities for income'-tax and sales tax.42. but assuming that the company did not pay its income-tax or sales tax liabilities would that be a ground for winding up a company on a charge of insolvency the income tax act and sales tax act provided a machinery for realisation of taxes and if the company made defaults certificate proceedings would have ..... been commenced for non payment of taxes. there is no allegation that any such proceedings have been taken against the company. nor is there any evidence that ..... the entire demand has been paid. for the accounting year 1959 not amount demanded after adjustment of payment under section 18(a) of the income-tax act, was rs. 65, 310.25 np. on appeal to the appellate assistant commissioner this amount was reduced to rs. 16,360.29np. and it was fully paid by the company. .....

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Sep 19 1963 (HC)

Indian City Properties Limited Vs. Commissioner of Income-tax (Central ...

Court : Kolkata

Decided on : Sep-19-1963

Reported in : [1965]55ITR262(Cal)

..... holding that the proportionate remuneration payable to the managing agent in respect of their rendering services in relation to the aforesaid property was not allowable under section 9 of the income-tax act (4) whether, in the assessment years 1953-54 and 1954-55, the interest payable to greaves cotton & co. ltd. has been justifiably disallowed as a deduction under section 9(1 ..... ) (iv) of the indian income-tax act ?(5) whether, on the facts and in the circumstances of the case, in the assessment year 1955-56 a part of the interest paid to karamchand thapar & bros. ltd. for ..... -year treasury savings certificates. the assessee paid rs. 44,308.88 np. as interest on deposits to its customers and claimed as expenses allowable under section 10(2) of the income-tax act, an amount of rs. 41,701.44 np. the proportionate part of the interest paid to the depositors on the sum of rs. 50,000 invested in the purchase of ..... in the indian state of gwalior and during the relevant period the profits arising to the assessees from this managing agency commission were not taxed in british india by reason of section 14(2) (c) of the income-tax act, 1922. the assessee had a number of directors who were appointed under the articles of association and were paid a remuneration which had been .....

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Sep 12 1963 (HC)

Kamal Singh Rampuria Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Sep-12-1963

Reported in : [1970]75ITR162(Cal)

..... , the learned counsel appearing for the assessee, contends that, although the interest income was all along shown up to 1944-45 as the income of the son, it was treated as the income of the father under section 16(3) and ..... sen, j.1. this is a reference under section 66(1) of the income-tax act,1922, hereinafter referred to as ' the act '. the facts as appearing in thethe case are as follows:the assessee, kamal singh rampuria, was born in december, 1935. his mother died within ..... the ambit of section 34(1)(a) of the act.4. on these facts, the following question of law has arisen for opinion by this court :' whether, on the facts and in the circumstances of the case, the assessment made under section 34(1)(a) of the income-tax act was justified in law?'5. mr. tarun basu ..... 's account, were, however, assessed against the father under section 16(3)(a)(i) of the act. the said hulash chand rampuria was dissatisfied with the order of the income-tax officer in dealing with, the interest income under the aforesaid section in respect of the year 1940-41 and referred this matter to the high court ..... appraised of the decision of the high court. as soon as the decision was passed, the income-tax officer found that the interest income-had escaped assessment and therefore resort to the provisions of section 34(1)(a) of the act was justifiable.9. prima facie this argument made by mr. balai pal appears to be correct. .....

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Sep 10 1963 (HC)

Madanlal Mahawar and ors. Vs. the Commercial Tax Officer, Central Sect ...

Court : Kolkata

Decided on : Sep-10-1963

Reported in : [1965]16STC1071(Cal)

..... supply v. union of india : [1956]29itr717(sc) . in that case, the supreme court was considering the effect of section 5(7-a) on section 64 of the income-tax act. section 64 of the income-tax act makes provision for determining the place of assessment. by sub-section (1) where an assessee carries on business, profession or vocation at any place, he shall be assessed ..... opportunity to represent his views by the commissioner or commissioners concerned or in case of disagreement between them by the board of revenue. section 5(7-a) of the income-tax act reads as follows:--the commissioner of income-tax may transfer any case from the income-tax officer subordinate to him to another, and the central board of revenue may transfer any case from any one ..... notice. this was the view taken by the federal court in deciding a similar point under the indian income-tax act in the case of chatturam v. commissioner of income-tax [1974] 15 i.t.r. 302 in which kania, j. (as he then was), observed:--the income-tax assessment proceedings commence with the issue of the notice. the issue or receipt of a notice is not ..... -section in terms makes provisions for the transfer of a 'case'. under the indian income-tax act, 1922, a case is started when the income-tax officer issues a notice under section 22(2) of the act calling upon the assessee to file his return of his total income and total world income during the previous year and then the assessee submits his return in the prescribed form .....

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Sep 04 1963 (HC)

Sugan Chand Suraogi Vs. the Commissioner of Income-tax, Calcutta and a ...

Court : Kolkata

Decided on : Sep-04-1963

Reported in : AIR1964Cal399,68CWN84,[1964]53ITR717(Cal)

..... in 74 ind app 308 also in (1948) 18 i t r 214 also in . the present section 33a of the income, tax act corresponds to section 33 of the income-tax act as it stood before its amendment in 1941. it may be incidentally mentioned that prior to 1941 no right was given to an ..... direct him to exercise it differently,14. the privy council deals with the nature of the order passed by the commissioner under section 33 of the income-tax act as it then stood while answering the third question, viz., whether the assessee could be denied relief claimed by them under section 33 and observes ..... assessment for the year 1931-12 was nullity in view of the decision of their lordships of the privy council. 2. whether the commissioner of income-tax acted improperly in refusing to exercise the discretion vested in him to cancel the said assessment and to order the repayments of the sums received from ..... privy council expressed their doubt in the tribune trust case as to whether the commissioner in exercising his power under the old section 33 of the income-tax act was competent to set aside an assessment that became final and conclusive.11. now, we may apply our minds to the preliminary objection taken on ..... of the said petition the appellant explained why it was not possible for the appellant either to make an application under section 27 of the indian income-tax act or to prefer an appeal to the appellate assistant commissioner. in paragraph 8 of the said petition it is stated that the appellant is submitting .....

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Aug 01 1963 (HC)

Sewlal Daga Vs. Commissioner of Income-tax, CalcuttA.

Court : Kolkata

Decided on : Aug-01-1963

Reported in : [1965]55ITR406(Cal)

..... section 34 was issued according to law and whether the assessment had been properly made in pursuance of the said notice under section 34 of the indian income-tax act ?'the order of the tribunal was passed, when there was a difference of opinion between the bombay high court and this court, and the tribunal ..... shankar prasad mitra j. - this is a reference under section 66(1) of the indian income-tax act, 1922. the assessment year is 1946-47. the assessment was reopened under section 34. the original assessment was on chandrabhan johurmull in the ..... instant case was obviously entirely, illegal and void. the service of notice on the assessee was a condition precedent to the assumption of jurisdiction by the income-tax officer under section 34. no consent can confer jurisdiction upon a court if the court has no jurisdiction. the failure to give the requisite upon a ..... precedent to the validity of any reassessment made under section 34; and if a valid notice is not issued as required, the proceedings taken by the income-tax officer in pursuance of an invalid notice and consequent orders of reassessment passed by him would be void and inoperative. in our opinion, this contention is ..... that it was being issued to sewlal daga as the legal representative of chandrabhan johurmull, deceased. on behalf of sewlal daga, it was contended before the income-tax authorities that the notice under section 34 was not served on him as the legal representative of the deceased, and, as such, it was illegal.the .....

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