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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 1967 Page 1 of about 674 results (0.283 seconds)

Dec 22 1967 (HC)

The State of Mysore Vs. S.S. Yalamali

Court : Karnataka

Decided on : Dec-22-1967

Reported in : (1968)1MysLJ237; [1968]21STC305(Kar)

..... the power to have recourse to both the remedies, at one and the same time, it would have been clearly stated so. it may be pointed out that in the income-tax act, 1961, it is clearly stated in section 222(1) that recovery of the amount due from the assessee could be made by one or more of the modes mentioned therein ..... ordersadasivayya, j. 1. these two revision petitions have been filed under sub-section (4) of section 13 of the mysore sales tax act, 1957 (hereinafter referred to as the act). the petitioner in both the cases is the state of mysore, by the commercial tax officer, ii circle, gadag. the respondent is the same person in both these revision petitions and he is unrepresented. he ..... pradesh ([1963] 14 s.t.c. 680), the supreme court while discussing the ambit of the expression 'any assessment made under this act' used in section 18-a of the madras general sales tax act, 1939, stated as follows : 'the expression 'any assessment made under this act' is, in our opinion, wide enough to cover all assessments made by the appropriate authorities under this ..... the view taken by the learned magistrate in both the cases. 3. the relevant part of sub-section (3) of section 13 of the act is as follows : '(3) any tax assessed, or any other amount due under this act from a dealer, may without prejudice to any other mode of collection, be recovered - (a) as if it were an arrear of land .....

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Dec 21 1967 (HC)

Commissioner of Income-tax, Bombay Vs. Abdul HusseIn Essaji Arsiwalla

Court : Mumbai

Decided on : Dec-21-1967

Reported in : [1968]69ITR174(Bom)

..... out, would clearly be contrary to the language of the provision. in our opinion, therefore, on a proper construction of the provision of section 9(1)(iv) of the indian income-tax act, the only amount which was claimable by the assessee in respect of the ground rent of the property was the ground rent for the period of the previous year and ..... )(iv) as ground rent to which the property was subject. 2. the assessee is the owner of one half share in certain properties, which are assessed to tax under section 9 of the indian income-tax act. the assessment year in question is 1958-59 for which the relevant previous year was the financial year ended on 31st march, 1958. the properties were constructed ..... which the property is subject in the computation of the income from property computed under section 9 of the indian income-tax act. 4. now, the income-tax chargeable under the indian income-tax act is annual in its structure and organisation. under section 3 of the act, which is the charging section, tax is charged in respect of the total income of the previous year. each previous year is a distinct ..... section 7 to 12 prescribe the made of computation of the total income under these heads. it would thus be seen that under the indian income-tax act, income-tax is charged on the taxable income of each previous year which is computed in the manner provided under the act. income taxable as income from property would, therefore, be income form property for the previous year computed in the mode of .....

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Dec 21 1967 (HC)

Commissioner of Income-tax, W.B. Ii Vs. Chrestian Mining Co. Ltd., Thr ...

Court : Kolkata

Decided on : Dec-21-1967

Reported in : AIR1968Cal359

..... assessee was receiving the consideration in bits of lump sum from time to time and therefore the amount of rs. 5 lakhs was the income from business liable to income-tax.5. the income-tax officer considered mainly the agreement dated the 29th june, 1955, between the assessee company, the bharat secretaries ltd., the then liquidators and ..... be a trading receipt or a revenue receipt and not a capital receipt. but then sub- clause (c) of section 457(1) of the companies act also describes the other power of the liquidator with the sanction of the court to sell the immovable and movable property and actionable claims of the company ..... be 'so far as may be necessary for the beneficial winding up of the company.'23. therefore, in appropriate cases even under the indian companies act it is possible for the liquidator to carry on business of the company in so far as it is necessary for the beneficial winding up of the ..... to the supervision of the court. in the facts of this case it is a case of voluntary winding up.22. section 512(1) of the companies act sets out, inter alia, the powers and the duties of a liquidator in voluntary winding up. sub-clause (a) thereof provides that in the case of ..... and the following observations of greene, l. j. at pp. 750-51 are relevant:'the facts that the liquidation look place, and that the liquidator acted in a particular way because those interested in the shares of the company had agreed that the liquidation should take place and that the assets should be sold .....

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Dec 20 1967 (HC)

Durga Prosad More Vs. Commissioner of Income-tax, West Bengal Ii.

Court : Kolkata

Decided on : Dec-20-1967

Reported in : [1969]71ITR33(Cal)

..... estoppel is only a rule of evidence and a cause of action and that in any event estoppel cannot be the basis of liability to assessment under the indian income-tax act, 1922. relevant passage runs thus :'as to the two contentions urged by mr. meyer, the first is really a plea of estoppel. i do not, ..... evidence and not cause of action. in any event, estoppel is not a basis of liability to assessment under the india income-tax act, and, therefore, the assessment of a person for an amount of income to which he is a stranger cannot be based on the ground that he himself wanted to be assessed on it.'we ..... a. c. sen j. - this is a reference under section 66(2) of the income-tax act, 1922, at the instant of the assessee. the question that has been referred to us for our opinion is as follows :the fact may briefly ..... common medium concluded in the two actions.'finally in a still later decision in mohamed falil abdul gaffoor, the trustees of the abdul gaffoor trust v. commissioner of income-tax, colombo the house of lords definitely refused to follow hoysteads decision and lord radcliffe, delivering the judgment of the house of lords at pages 600-601, observed ..... company limited is also relevant on the point. lord blanesburgh, delivering the judgment of the privy council, observed at page 445 :'.......... that the mere fact that income tax was inadvertently paid by the respondents thereon is not to prejudice them to the extent to which in these proceedings it is not established that these money were .....

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Dec 18 1967 (HC)

Commissar of Income-tax, U. P. Vs. Sarya Sugar Mills (P.) Ltd.

Court : Allahabad

Decided on : Dec-18-1967

Reported in : [1968]70ITR109(All)

..... is no dispute between the parties that the deduction cannot be claimed under any of the clauses of sub-section (2) of section 10 of the indian income-tax act, 1922. the question is whether the loss should be deduced in computing the profits under sub-section (1) of section 10. as to that, it ..... when it had been put into a cycle of movement invoked in the carrying on of the business. the distinction drawn by the supreme court in commissioner of income-tax v. nainital bank ltd. is relevant here. the nainital bank ltd. a public limited company, carried on the business of banking. at 7 oclock of ..... ordinary principles of commercial trading....'the principle was declared by the privy council in pondicherry railway co. v. commissioner of income-tax, to be of general application also to cases arising under the indian income-tax law.the law governing a claim to deduction under sub-section (1) of section 10 was clearly enunciated by the ..... supreme court in badridas daga v. commissioner of income-tax in the following terms.'.... when a claim is made for a deduction for which there is no specific provision in section 10(2), whether it ..... similar on facts to the instant case, was considered by the patna high court in motipur sugar factory ltd. v. commissioner of income-tax and it was held that the theft of funds of the company entrusted to an employee for the purpose of distribution among sugarcane growers .....

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Dec 18 1967 (HC)

Amarjothi Pictures Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Dec-18-1967

Reported in : [1968]69ITR755(Mad)

..... of the expenses incurred by the petitioner in connection with the silver jubilee urn of picture kalyana parisu is permissible under the provisions of section 10(2)(xv) of the income-tax act ?'the matter relates to the assessment year 1960-61. the assessee is a partnership firm carrying on business in distribution and exhibition of films. it had taken the picture kalyana ..... veeraswami j. - the assessee claimed as deduction under section 10(2)(xv) of the income-tax act, 1922, a sum of rs. 13,376 as expenditure laid out wholly and exclusively for purposes of the business. the claim was disallowed by the income-tax officer, who was of the view that the sum was not expended for commercial expediency. the appellate assistant commissioner, however, agreed with ..... amount claimed as deduction was factually expended or laid out and whether it was wholly and exclusively for the purpose of the business. see sanjeevi and co. v. commissioner of income-tax. in that case this court further pointed out that the reasonableness of the expenditure could only be gone into for the purpose of determining whether in fact the amount was .....

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Dec 18 1967 (HC)

Mohamedaly Sarefaly and Co. Vs. Income-tax Officer, Central Circle Iii ...

Court : Chennai

Decided on : Dec-18-1967

Reported in : [1968]69ITR807(Mad)

..... dated august 10, 1967. in the present petition the petitioner takes certain additional grounds, namely, that section 226(3) of the income-tax act, 1961, violates article 14, that section 226(3)(x) is beyond the ambit of entry 82 of list i in the seventh schedule to the constitution and also that section ..... , central circle iii, madras-34, to desist from taking recovery proceedings pursuant to his notice dated may 17, 1966, under section 226(3) of the income-tax act, 1961, against the petitioner. the petitioner had filed write petition no. 2328 of 1966, for an identical relief on certain grounds, which was dismissed by this court by an order ..... to filure urgs grounds, whether factual or legal, which were available and might and ought to have been urged in the earlier application. in mangat ram kuthiala v. commissioner of income-tax the above passage from halsburys laws of england, was cited, and it was pointed out :'it is thus a settled rule that the court will not allow a part to ..... 226 suffers from excessive delegation. two other grounds relate to the legality of the certificate issued by the income-tax officer, the main ground of petitioner being that the amount for which the certificate was issued was larger than what was due actually from the assessee on the date of .....

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Dec 16 1967 (HC)

Zainab Bai, Wife of Hussainbhai Ebrahim and ors. Vs. Navayug Chitrapat ...

Court : Mumbai

Decided on : Dec-16-1967

Reported in : [1969]39CompCas735(Bom)

..... be void.' 7. i might here mention that section 171 of the indian companies act, 1913, corresponds to the present section 446, and section 232 of the old act corresponds to section 537 of the present act. 8. in considering whether proceedings under section 46 of the indian income-tax act, 1922, were 'other legal proceedings' within the meaning of sections 171 and 232 of ..... the indian companies act, 1913, in the case of governor-general in council v. shiromani sugar ..... a protection for the tenant against eviction after determination of tenancy. it creates an impediment in the way of the landlord recovering possession. section 13 of the bombay rents act provides certain conditions under which the protection of the tenant is taken away and the impediment in the way of the landlord recovering possession is removed. these conditions are termed ..... include permitted increases in their money claim. this application was rejected on 7th october, 1963. thereafter, the petitioners filed a revision application under section 29(3) of the bombay rent act in the district court at poona. curiously, this revision application was returned to them on 9th june, 1963, for presentation to the proper court. under section 29(3) of .....

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Dec 16 1967 (HC)

Zainab Bai and ors. Vs. Navayug Chitrapat Co. Ltd.

Court : Mumbai

Decided on : Dec-16-1967

Reported in : AIR1969Bom194; (1968)70BOMLR390; ILR1969Bom315

..... shall be void.' i might here mention that section 171 of the indian companies act, 1913, corresponds to the present section 446, and section 232 of the old act corresponds to section 537 of the present act,6. in considering whether proceedings under section 46 of the indian income-tax act., 1922 were 'other legal proceedings' within the meaning of sections 171 and 232 of ..... the indian companies act, 1913, in the case of governor-general in council v. shiromani sugar ..... provides a protection for tenant against eviction after determination of tenancy. it creates an impediment in the way of the landlord recovering possession. section 13 of the bombay rent act provides certain conditions under which the protection of the tenant is taken away and the impediment in the way of the landlord recovering possession is removed. these conditions are termed ..... permitted increases in their money claim. this application was rejected on 7th october 1963. thereafter the petitioners filed a revision application under section 29(3) of the bombay rent act in the district court at poona. curiously, this revision application was returned to them on 9th june 1963 for presentation to the proper court. under section 29(3) of .....

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Dec 15 1967 (SC)

Commissioner of Income-tax, Bombay Vs. Ciba of India Ltd.

Court : Supreme Court of India

Decided on : Dec-15-1967

Reported in : AIR1968SC1131; [1968]69ITR692(SC); [1968]2SCR696

..... share in the costs incurred in a civil suit in the high court of calcutta as an allowable expenditure under s. 10(2)(xv) of the income-tax act. the relevant facts are these : in accordance with the terms of the agreement dated june 18, 1948, the assessee took over the pharmaceutical section ..... access to this technical knowledge for the purpose of running the business during the period of the agreement falls within the terms of s. 10(2)(xv) of the income-tax act, 1922. that clause, insofar as it is material, provides : 'such profits or gains shall be computed after making the following allowances, namely :- * * ..... out or expended on scientific research related to the business of a person in an admissible allowance under s. 10(2)(xii) of the indian income-tax act in computation of the taxable profits and gains of the business of the assessee. one of the conditions of the admissibility of an allowance under clause ..... 10(2)(xv). the high court disagreed with the tribunal as to the admissibility of the expenditure under s. 10(2)(xii) of the indian income-tax act, but agreed with the tribunal on its admissibility under s. 10(2)(xv). correctness of the view taken by the high court is challenged on ..... -50 to 1953-54 payments made to the swiss company were claimed as permissible allowance in the computation of taxable income under s. 10(2)(xii) of the indian income-tax act, 1922. the income-tax officer disallowed the claim (except as to 2% paid as royalty on trade marks used by the assessee). the .....

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