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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: kolkata Year: 1975 Page 1 of about 96 results (0.061 seconds)

Dec 24 1975 (HC)

Dhunseri Tea and Industries Ltd. Vs. the Hanuman Estates Private Ltd.

Court : Kolkata

Decided on : Dec-24-1975

Reported in : AIR1976Cal328

..... dhanuka industries pvt. ltd. ((1975) 79 cal wn 88) in our view rightly points out that the notice under section 226(3) of the income-tax act at the most prohibited the petitioner from making any payment to the opposite party but it did not or could not have the effect overriding the provisions ..... decision in the case of v.n. vasudeva v. kiroi mal : [1964]6scr181 and contended that the notice under section 226(3) of the income-tax act amounted to a garnishee order and the petitioner could not so long as the notice stood make any payment whatsoever to the landlord. the said decision, ..... legislation and interpretation at page 311, article 11.6, 2nd edition, 1974. we have already pointed out that the provision of section 226 of the income-tax act is not a special provision and the same is applicable to all assessees and in all circumstances mentioned in the said section. consequently, this rule ..... . in the first place, it has been contended that the tenant defendant having been served with a notice under section 226(3) of the income-tax act, 1961 and having paid whatever arrear rent was due from him on account of the assessee plaintiff, would be deemed to have completely discharged his ..... discharged their liability in so far as the opposite party's claim is concerned, pursuant to a notice issued by the income-tax authorities under section 226(3) of the income-tax act, 1961. the learned chief judge on a consideration of the materials placed before him came to the conclusion that the petitioners .....

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Dec 24 1975 (HC)

Duncan Brothers and Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Dec-24-1975

Reported in : [1978]111ITR885(Cal)

..... been allowed as a deduction in computing the income of the company for the purposes of the indian income-tax act, 1922 (11 of 1922), or the income-tax act, 1961 (43 of 1961); (iv) its debentures, if any; and (v) any moneys borrowed by it ..... any, created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (3) of section 34 of the income-tax act, 1961 (43 of 1961); (iii) its other reserves as reduced by the amounts credited to such reserves as have ..... created under the proviso (b) to clause (vib) of sub-section (2) of section 10 of the indian income-tax act, 1922 (11 of 1922), or under sub-section (3) of section 34 of the income-tax act, 1961 (43 of 1961), and of its other reserves in so far as the amounts credited to such other ..... have not been allowed in computing its profits for the purposes of the indian income-tax act, 1922 (11 of 1922), or the income-tax act, 1961 (43 of 1961), diminished by the amount by which the cost to it of the assets the income from which in accordance with clause (iii) or clause (vi) or clause ..... (profits) surtax are leviable on what is known as 'chargeable profits' of a company. this chargeable profit is generally the income of a company as assessed under the income-tax act, 1961, subject to certain adjustments and deductions as provided in the said statute. one of the items of adjustment is a .....

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Dec 19 1975 (HC)

Appejay Steel Works Private Ltd. Vs. Inspecting Assistant Commissioner ...

Court : Kolkata

Decided on : Dec-19-1975

Reported in : [1976]103ITR806(Cal)

..... february, 1971, issued under section 274(2) read with section 271 of the income-tax act, 1961, for the assessment year 1964-65 by the inspecting assistant commissioner of income-tax (central), range-i, calcutta. in the impugned notice the inspecting assistant commissioner of income-tax (central), range-i, has stated as follows:'whereas the income-tax officer, central circle-v, calcutta, has under sub-section (2) of section ..... 274 of the income-tax act, 1961, referred your case to me in connection with the penalty ..... year 1964-65 it appears to me that you have concealed the particulars of your income or deliberately furnished inaccurate particulars of such income and whereas the penalty proceedings have to be referred to the inspecting assistant commissioner of income-tax. according to subsection (2) of section 274 of the income-tax act, 1961, you are hereby informed that the case for levy of a penalty under .....

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Dec 19 1975 (HC)

Premchand Sitanath Roy Vs. Addl. Commissioner of Income-tax and ors.

Court : Kolkata

Decided on : Dec-19-1975

Reported in : [1977]109ITR751(Cal)

..... an appellate authority. the question, however, in this case, is, that under proviso (iii) of sub-section (1) of section 139 of the income-tax act there is an obligation to charge interest from the assessee for late filing of the return. that pliability can only be exonerated in terms of sub-section ..... there the division bench of the bombay high court observed that whereas the power of revision was conferred upon the commissioner under section 33a of the indian income-tax act, 1922, against the order passed by any authority subordinate to him, the power of revision conferred upon the commissioner under section 33b was restricted to ..... 11 a.m. at my office at p-7, chowringhee sq., calcutta-l, and show cause why the proposed order under section 263 of the income-tax act, 1961, should not be made. if you do not wish to avail yourself of this opportunity of being heard in person or through your authorised ..... in the above-mentioned situations the right of appeal has been given to the assessee under clause (c) of section 246 of the income-tax act, 1961. whether the interest should be charged or not is not one of the orders in which the assessee has a right of appeal ..... mukharji, j.1. in this application under article 226 of the constitution, the petitioner challenges the notice under section 263 of the income-tax act, 1961, issued by the additional commissioner of income-tax, west bengal-ill, for the assessment year 1968-69. the assessee submitted his return for the assessment year 1968-69 on the .....

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Dec 18 1975 (HC)

Kashmir Agencies Pvt. Ltd. Vs. Income-tax Officer and ors.

Court : Kolkata

Decided on : Dec-18-1975

Reported in : [1978]112ITR563(Cal)

..... . in the aforesaid view of the matter and in view of the reasons that have been disclosed now for initiating the proceeding under clause (a) of section 147 of the income-tax act, 1961, it must be held that the conditions precedent for issuance of the notice were not fulfilled in the instant case. the impugned notice dated the 29th of july, 1970 ..... , j.1. the assessments for the assessment years 1964-65 and 1965-66, made under the provisions of the income-tax act, 1961, were sought to be reopened by the notice dated the 29th of july, 1970, issued under section 148 of the income-tax act, 1961. the said notice is the subject-matter of challenge in this application under article 226 of the constitution. the ..... the agreement had accrued to the petitioner. on the question whether, even if there was accrual of income on mercantile basis under the provisions of the income-tax act for computing the real income, the fact that in the subsequent year the assessee had given up the income in certain circumstances would be rele- vant factors or not in determining the question of liability of the ..... petitioner is a company. during the material times, the petitioner was acting as the managing agent of messrs. kashmir ceramics ltd. the petitioner had entered into .....

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Dec 18 1975 (HC)

Hungerford Investment Trust Ltd. and anr. Vs. Income-tax Officer and o ...

Court : Kolkata

Decided on : Dec-18-1975

Reported in : [1977]47CompCas181(Cal),[1977]106ITR649(Cal)

..... this case. 4. it was then contended that before treating a person concerned as a principal officer under section 2(35) of the income-tax act, 1961, the income-tax officer should determine that question upon hearing the submission or representation by the person concerned. i am unable to accept this contention. for treating ..... with the management or administration of the company in voluntary liquidation and was not the principal officer as defined under section 2(35) of the income-tax act, 1961. the position of the liquidator is, in my opinion, different from the position of the petitioner no. 2 functioning as he was ..... no. 2 as the principal officer can be challenged as bad. counsel for the petitioner drew my attention to the provisions of section 163 of the income-tax act, 1961, for the purpose of contending that the petitioner no. 2 could not be treated as the agent of petitioner no. 1. in this ..... the notice was to the company. therefore, it could have been addressed and served on the principal officer of the company. section 2(35) of the income-tax act, 1961, defines the 'principal officer'. under clause (a) of section 2(35) he may be a secretary, treasurer or manager or agent of the ..... the company in india and could not be made the principalofficer of the company. on the 25th february, 1975, the impugned notice under section 148 of the income-tax act, 1961, was issued. the said notice was addressed as follows : 'to m/s. hungerford investment trust ltd.,represented by sri b. n. garg, .....

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Dec 16 1975 (HC)

Bibhuti Bhusan Roy Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Decided on : Dec-16-1975

Reported in : [1978]111ITR84(Cal)

..... under section 56 of the income-tax act, 1961, for payment of advance tax under section 210 of the income-tax act, 1961. the said notice, though dated 25th july, 1970, was not signed by the income-tax officer and the order under section 210 of the income-tax act similarly was not signed by the income-tax officer. section 210 enjoins ..... that where a person has been previously assessed by way of regular assessment the income-tax officer might on or after 1st april in ..... the financial year by an order in writing require him to pay to the credit of the central government advance tax ..... liability to pay interest under sub-section (1a) of section 217 for failure to pay tax on the estimate of enhanced income, arises on the making of a valid order under section 210 of the act and the service of the said order upon the assessee.2. in the instant case, ..... was not signed. in view of the principle enunciated by a bench, decision of this court in the case of b. k. gooyee, v. income-tax officer : [1966]62itr109(cal) , it must, be held that there was no valid order under section 210 and as such there was no .....

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Dec 12 1975 (HC)

Jeewanlal (1929) Ltd. Vs. Additional Commissioner of Income-tax and or ...

Court : Kolkata

Decided on : Dec-12-1975

Reported in : [1977]108ITR407(Cal)

..... .1. in this application under article 226 of the constitution, the petitioner challenges the notice dated the 23rd of march, 1972, issued under section 263 of the income-tax act, 1961, by the additional commissioner of income-tax, west bengal ii, calcutta, for the assessment year 1965-66. in order to appreciate the contentions urged in this application it is necessary to refer to certain ..... opinion section 154, in so far as it rectifies the original order, has the effect of rectifying the original order and, therefore, after the order under section 154 of the income-tax act, 1961, was passed the order was the order as rectified by the order under section 154. in support of this proposition reliance may be placed on the observations of the ..... assistant commissioner. in the premises it was submitted that the commissioner could not in the exercise of his power under section 263 rectify that order under section 154 of the income-tax act, 1961, in view of the fact that the operative order was the order of the appellate assistant commissioner. it was, secondly, contended that in the facts and circumstances of the ..... to such a company to the petitioner. the petitioner on the 7th of april, 1970, made an application under section 154 of the income-tax act, 1961, requesting the income-tax officer to rectify the assessment order by recomputing the tax on the basis that the petitioner was a company in which the public were substantially interested. the petitioner also on the 21st of april, 1970 .....

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Dec 11 1975 (HC)

Lakshmi Chand Swaika Vs. Income-tax Officer, b Ward and ors.

Court : Kolkata

Decided on : Dec-11-1975

Reported in : [1978]112ITR212(Cal)

..... properly addressed. in this connection, reliance was placed on sub-section (2) of section 283 of the income-tax act, 1961, as well as on clause (a) of subsection (2) of section 282 of the said act. but, in my opinion, the said pro-visioi s are permissive provisions and a notice in the case ..... 1973, under section 148 of the income-tax act, 1961.' the impugned notice relates to the assessment year 1964-65. two contentions were urged in support of this application. it was contended that at the time of the issuance of the notice the firm was dissolved and the income-tax department had knowledge of that fact. ..... of r.a. goel has also been annexed. on these materials, in my opinion, it cannot be said that there were no materials for the income-tax officer to believe that there was failure or omission on the part of the assessee to disclose fully or truly all materials which were relevant facts ..... assessment. my attention was drawn to some of the decisions dealing with this question. whether in a particular case there were materials for the income-tax officer to form the belief that there was omission or failure on the part of the assessee to disclose fully or truly all material facts ..... of a dissolved firm can be addressed to the firm itself. for this proposition reliance may be placed on the observations in the cases of ramnivas hanumanbux somani v. s. venkataraman, income-tax officer : .....

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Dec 11 1975 (HC)

Commissioner of Income-tax Vs. Lionel Edwards (P.) Ltd.

Court : Kolkata

Decided on : Dec-11-1975

Reported in : [1977]108ITR412(Cal)

..... question the assessee had declared a dividend of rs. 2,75,000.5. in proceedings under section 23 a of the indian income-tax act, 1922, the income-tax officer calculated the income-tax and the corporation tax at rs. 3,35,069 93 and the income-tax officer on the figures as above found that the said section 23a was applicable in the case of the assessee and did ..... steamship company held by the assessee would constitute fixed assets in the hands of the assessee within the meaning of explanation 2(iv)(a) of section 23a of the indian income-tax act, 1922, and accordingly we answer the question referred to us in the affirmative and in favour of the assessee. there will be no order as to costs.deb, j. 25 ..... dipak kumar sen, j. 1. the facts admitted and/or found in this reference under section 66(1) of the indian income-tax act, 1922, at the instance of the commissioner of income-tax, west bengal-i, are as follows:the assessee is carrying on business as freight and steamship agents. in the assessment year in question, namely, 1955-56 (the corresponding previous year ..... not give the rebate at the rate of re. 0-1-0 in the rupee which was available under part i-b of the first schedule to the finance act of 1955 which would .....

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