Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Court: supreme court of india Year: 1975 Page 1 of about 110 results (0.261 seconds)

Dec 18 1975 (SC)

Govind Das and ors. Vs. the Income Tax Officer and anr.

Court : Supreme Court of India

Decided on : Dec-18-1975

Reported in : AIR1977SC552; [1976]103ITR123(SC); (1976)1SCC906; [1976]3SCR44

..... . these five appeals by special leave raise a short but interesting question of law relating to the applicability of section 171, sub-section (6) of the income tax act, 1961 (hereinafter referred to as the new act). the facts giving rise to these appeals are few and may be briefly stated as follows:there was at all material times a hindu undivided family consisting ..... tax was sought to be recovered, it was found that the family had effected a partial partition, since this provision had the effect of imposing ..... present case, the assessments of the hindu undivided family for the assessment years 1950-51 to 1956-57 were completed in accordance with the provisions of the old act which included section 25a and the income-tax officer was, therefore, not entitled to avail of the provision enacted in sub-section (6) read with sub-section (7) of section 171 of the new ..... petitioners personally the share of the tax liability allocated to them. the principal contention of the petitioners was that the provision in section 171, sub-sections (6) and (7) had no application, where the assessment of a hindu' undivided family was made under the provisions of the indian income tax act, 1922 (hereinafter referred to as the old act) and at the time when the .....

Tag this Judgment!

Dec 11 1975 (SC)

J.R. Malhotra and anr. Vs. the Additional Sessions Judge, Jullundur an ...

Court : Supreme Court of India

Decided on : Dec-11-1975

Reported in : AIR1976SC219; (1976)1SCC430; [1976]2SCR993

..... satisfaction of their outstanding demand. before the additional sessions judge, jullundur the revenue contended that the assessment was valid under section 226(4) of the income tax act independently and under section 132 of the income tax act. the additional sessions judge, jullundur referred to the appeals filed by the respondent romesh chander against the assessment proceedings and observed that the appeal had ..... an appeal against the assessment orders before the appellate assistant commissioner on august 3, 1972. the application of the respondent romesh chander under section 146 of the income tax act was rejected by the income tax officer on august 2, 1973. the respondent romesh chander filed an appeal against the rejection of the petition on august 27, 1973. on september 17, 1973 ..... romesh chander. the judicial magistrate also held that in view of the invalidity of the order made under section 132(5) of the income tax act the adjustment of the amount in dispute by the commissioner of income tax on october 5, 1972 was not valid. the judicial magistrate further held that the business papers of the respondent romesh chander might be ..... 413 and 414 of the indian penal code and under sections 4, 5, 6 and 8 of the foreign exchange act, 1947. the commissioner of income tax issued a warrant of authorisation empowering certain officers under section 132 of the income tax act to conduct a search and seizure. pursuant to that authorisation the authorised officer seized the sum of rs 1,61,411 .....

Tag this Judgment!

Dec 11 1975 (SC)

J. R. Malhotra and anr. Vs. the Additional Sessions Judge, Jullundur a ...

Court : Supreme Court of India

Decided on : Dec-11-1975

Reported in : (1976)5CTR(SC)102

..... of their outstanding demand. before the additional sessions judge, jullundur the revenue contended that the assessment was valid under section 226 (4) of the income tax act independently and under section 132 of the income-tax act. the additional sessions judge, jullundur referred to the appeals filed by the respondent ramesh chander against the assessment proceedings and observed that the appeal had ..... an appeal against the assessment orders before the appellate assistant commissioner on 3rd august, 1972. the application of the respondent ramesh chander under section 146 of the income-tax act was rejected by the income-tax officer on 2nd august, 1973. the respondent ramesh chander filed an appeal against the rejection of the petition on august 27, 1973. on 17th september, 1973 ..... ramesh chander. the judicial magistrate also held that in view of the invalidity of the order made under section 132 (5) of the income-tax act the adjustment of the amount in dispute by he commissioner of income-tax on 5th october, 1972 was not valid. the judicial magistrate further held that the business papers of the respondent ramesh chander might be ..... 413 and 414 of the indian penal code and under sections 4, 5, 6 and 8 of the foreign exchange act, 1947. the commissioner of income tax issued a warrant of authorisation empowering certain officers under section 132 of the income-tax act to conduct a search and seizure. pursuant to that authorisation authorised officer seized the sum of rs. 1,61,411/- .....

Tag this Judgment!

Dec 10 1975 (SC)

Kalyanji Mavji and Co. Vs. C.i.T., West Bengal-ii

Court : Supreme Court of India

Decided on : Dec-10-1975

Reported in : AIR1976SC203; [1976]102ITR287(SC); (1976)1SCC985; [1976]2SCR966

..... revealed by closer circumspection or to the information derived from subsequent or fresh facts. before, however, examining the legal incidents of section 34 of the income tax act, 1922, it may be necessary for us to travel into the domain of the facts of the present case which are short and simple.3. ..... for the parties, it is necessary to make a brief survey of the provisions of section 34(1) of the income tax act, 1922. the section runs thus:34. (1) if(a) the income tax officer has reason to believe that by reason of the omission or failure on the part of an assessee to ..... the facts and in the circumstances of the case, the tribunal was right in holding that the reassessment made by the income tax officer under section 34(1)(b) of the indian income tax act, 1922 was incompetent?the high court, after hearing the parties, differed from the view taken by the tribunal and held ..... and that such information for the purpose of section 34(1)(b) of the income tax act need not be confined only to cases where the income tax officer discovers as a fact that income has escaped assessment.11. similarly in cit, excess profits tax, hyderabad, andhra pradesh v. v. jagan mohan rao6 while following the decision of ..... ali, j.1. this appeal by special leave involves the interpretation of the scope, extent and ambit of section 34(1)(b) of the income tax act, 1922 with particular reference to the connotation and import of the word information used in section 34(1)(b). although the question appears to .....

Tag this Judgment!

Dec 09 1975 (SC)

Union of India (Uoi) and ors. Vs. Coromandel Fertilizers Limited and a ...

Court : Supreme Court of India

Decided on : Dec-09-1975

Reported in : (1976)1SCC536a

..... . s.s. sivan pillai1. in that case this court was required to consider the provisions of section 15-c of the income tax act, 1922 (briefly the old act) which was largely different from the present sections with which we are concerned in these appeals. the assessment years that came up for consideration in that decision were 1954-55 ..... important question of law as to the interpretation of section 80-k of the income tax act, 1961 (briefly the act), is raised in these four appeals by special leave.2. m/s coromandel fertilizers limited (first respondent) is a registered company incorporated on october 16, 1961, under the companies act and the second respondent is one of its shareholders holding two hundred equity shares ..... incentive to investment, section 15-c of the old act was dealing with the principle of truce with tax for a limited period or what is described as tax-holiday benefit with which we are concerned. the finance (2) act of 1967 substituted the earlier provisions in that behalf in chapter vi-a in the income tax act, 1961 with effect from april 1, 1968. we will ..... , recommended declaration of a maiden dividend of rs 76,66,608 out of the profits of that year. the company represented to the income tax officer on march 3, 1973, seeking a certificate under section 197(3) of the act pointing out that the dividend payable by it would qualify for deduction in the hands of the shareholders under section 80-k of .....

Tag this Judgment!

Dec 09 1975 (SC)

Union of India (Uoi) and ors. Vs. Coromandel Fertilizers Ltd. and anr.

Court : Supreme Court of India

Decided on : Dec-09-1975

Reported in : AIR1976SC606; 1987(30)ELT320(SC); [1976]102ITR533(SC); (1976)1SCC536; [1976]2SCR894

..... . s.s. sivan pillai1. in that case this court was required to consider the provisions of section 15-c of the income tax act, 1922 (briefly the old act) which was largely different from the present sections with which we are concerned in these appeals. the assessment years that came up for consideration in that decision were 1954-55 ..... important question of law as to the interpretation of section 80-k of the income tax act, 1961 (briefly the act), is raised in these four appeals by special leave.2. m/s coromandel fertilizers limited (first respondent) is a registered company incorporated on october 16, 1961, under the companies act and the second respondent is one of its shareholders holding two hundred equity shares ..... incentive to investment, section 15-c of the old act was dealing with the principle of truce with tax for a limited period or what is described as tax-holiday benefit with which we are concerned. the finance (2) act of 1967 substituted the earlier provisions in that behalf in chapter vi-a in the income tax act, 1961 with effect from april 1, 1968. we will ..... , recommended declaration of a maiden dividend of rs 76,66,608 out of the profits of that year. the company represented to the income tax officer on march 3, 1973, seeking a certificate under section 197(3) of the act pointing out that the dividend payable by it would qualify for deduction in the hands of the shareholders under section 80-k of .....

Tag this Judgment!

Dec 05 1975 (SC)

Bhupendra Ratilal Thakkar and anr. Vs. Commissioner of Income-tax, Guj ...

Court : Supreme Court of India

Decided on : Dec-05-1975

Reported in : AIR1976SC636; [1976]102ITR531(SC); (1976)1SCC381; [1976]2SCR891; 1976(8)LC118(SC)

..... seizure was an abuse of the authority conferred by sections 132 and 132-a of the income-tax act, 1961, hereinafter referred to as the act, and rules 112, 112-a, 112-b, 112-g and 112-d of the income tax rules. 1962, hereinafter referred in as the rules. the petitioners have contended that sections ..... (investigation).3. the respondents have admitted the search and the seizure of the property, but have stated that this was done because the commissioner of income-tax, gujarat-i, respondent no. 1, had reasons to believe that the petitioners would not produce their books of account etc. even though they would ..... b relates to the release of the articles seized under section 132(5) of the act, and merely provides that where, in pursuance of that section, any assets or part thereof have to be released, the income-tax officer shall forthwith deliver the same to the person from whose custody they were seized- ..... 132 and 132-a of the act are unconstitutional because they are violative of articles 14, 19(i)(f) and (g) and 31(1) ..... 132-a of the act, the petitioners have further stated that they should be struck down as they confer naked, arbitrary, unguided, discriminatory and uncanalised power on the executive authority. the petitioners have also prayed for the restoration of the property which has been seized by the income-tax authorities. it has .....

Tag this Judgment!

Dec 05 1975 (SC)

Ajantha Industries and ors. Vs. Central Board of Direct Taxes, New Del ...

Court : Supreme Court of India

Decided on : Dec-05-1975

Reported in : AIR1976SC437; [1976]102ITR281(SC); (1976)1SCC1001; [1976]2SCR884; 1976(8)LC157(SC)

..... for which the order should be held to be invalid.5. section 5(7a) was the corresponding section in the income-tax act, 1922 (briefly the old act). the section may be set out:the commissioner of income-tax may transfer any case from one income-tax officer subordinate to him to another, and the central board of revenue may transfer any case from any one ..... , & shall not render necessary the re-issue of any notice already issued by the income-tax officer from whom the case is transferred.the successor section under the income-tax act, 1961 is section 127 and the same may be set out:transfer of cases from one income-tax officer to another:(1) the commissioner may, after giving the assessee a reasonable opportunity of ..... for facility of investigation' from the respective income-tax officer at nellore to the income-tax officer, b ward, special circle ii, hyderabad. by this notice they ..... that firm. they are assessees under the income-tax act their assessments have been made for a number of years in nellore district in the usual course. on january 23, 1973, the central board of direct taxes (briefly the central board) sent a notice to (the appellants under section 127 of the income-tax, act, 1961 (briefly the act) proposing to transfer their case files ' .....

Tag this Judgment!

Nov 21 1975 (SC)

Chidambaram Mulraj and Co. P. Ltd. Vs. Commissioner of Income-tax, Bom ...

Court : Supreme Court of India

Decided on : Nov-21-1975

Reported in : AIR1976SC342; [1976]102ITR7(SC); (1976)1SCC341; [1976]2SCR773; 1976(8)LC49(SC)

..... assessed the entire amount of rupees ten lakhs in the hands of the appellant company under section 10(5a) of the income tax act, 1922. section 10(1) of the income-tax act, 1922 states that the 'tax shall be payable by an assessee under the head 'profits and gains of business, profession or vocation' in respect of the profit or gains of any business, profession or ..... 66a(2), the assessee challenges the correctness of the answer given by the high court to the first question.4. 'previous year' is defined in section 2(11) of the income-tax act, 1922 and the relevant part of the definition is as follows:(11) 'previous year' means in respect of any separate source of ..... v. sir chunilal v. mehta and sons private ltd. : [1967]65itr50(bom) and the other of the madras high court, r.v. lakshmiah naidu and co. v. commissioner of income-tax, kerala and coimbatore : [1963]48itr661(mad) have both held that the compensation paid for the termination of a managing agency business is a payment in relation to the said business, ..... vocation carried on by him.' sub-section (5a) was inserted in section 10 by the finance act, 1955 with, effect from april 1 .....

Tag this Judgment!

Nov 19 1975 (SC)

Anil Kumar Roy Chowdhury and ors. Vs. Commissioner of Income Tax, West ...

Court : Supreme Court of India

Decided on : Nov-19-1975

Reported in : AIR1976SC772; [1976]102ITR12(SC); (1976)4SCC776; 1976(8)LC28(SC)

..... . it is not disputed at this stage that following the amendment in 1950 of the definition of 'agricultural income' in the income-tax act this income which accrued in pakistan was taxable under the indian income-tax act, 1922.2. the material facts as appearing from the order of the appellate tribunal, summarised in the statements ..... questions referred under section 66(2), for the reasons already stated, the tribunal was right in holding that section 25-a of the indian income-tax act, 1922 had no application in the present case and the answer to the first question must also be in the affirmative. in view of ..... into a fact-finding authority, which it is not under the advisory jurisdiction. the statement of the case under the rules framed under the income-tax act is prepared with the knowledge of the parties concerned and they have a full opportunity to apply for any addition or deletion from that statement ..... answered question (a) in the negative and in favour of the revenue holding that the tribunal was wrong in saying that section 25a of the income-tax act had no application in the present case. question (b) was also answered in the negative and in favour of the revenue on the finding ..... that their joint properties had been partitioned. on further appeal by the assessee, the tribunal found that the provisions of section 25a of the income-tax act, 1922 to which the appellate assistant commissioner referred was not relevant and he had failed to appreciate the assessee's case which was not .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //