Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 1975 Page 6 of about 800 results (0.112 seconds)

Dec 10 1975 (HC)

Commissioner of Income-tax Vs. Vikram Singh S. Vallabhadas and ors.

Court : Mumbai

Decided on : Dec-10-1975

Reported in : [1978]113ITR605(Bom)

..... was the contention of mr. joshi that it was for the association of persons to make an application for refund under section 48 of the indian income-tax act, 1922, consequent on the assessment order passed by the income-tax officer in the assessment of that association. a plain reading of section 48, however, leaves no room for doubt that it has no application to ..... collected by the department from the association by the procedure of deduction thereof at source by the companies concerned the income-tax officer has, in fact, 'charged' the association of persons within the terms of section 3 of the income-tax act, or levied tax on that association, with the result that it would no longer be open to him to charge the members of that ..... , in the usual way, collected by the revenue through the machinery of such deduction at source. in that connection, reference must be made to section 18(5) of the indian income-tax act, 1922, which lays down that any deduction made and paid to the account of the central government in accordance with the provisions relating to deduction of ..... terms, inapplicable to the present case. 8. the most important question that arises in that connection is, what is the effect of a deduction of tax at source. a plain reading of section 18(5) of the indian income-tax act, 1922, in my opinion, leaves no room for doubt whatsoever that the effect of such deduction is that it amounts to payment of .....

Tag this Judgment!

Dec 10 1975 (HC)

Kashiram Vs. Income-tax Officer, E-ward

Court : Andhra Pradesh

Decided on : Dec-10-1975

Reported in : [1977]107ITR825(AP)

..... jeevan reddy, j.1. in both these writ petitions, a common question is raised, namely, the constitutional validity of sub-section (3) of section 140a of the income-tax act, 1961, and, therefore, can be disposed of by a common order. it would be sufficient to state the facts in writ petition no. 7974 of 1973.2. the petitioner is ..... of accounts or particulars, failure to pay advance tax, concealment or evasion of income-tax, etc. criminal prosecution is also pro-provided for by chapter 22 of the ..... his own return) within 30 days of the filing of the return. all these payments towards advance tax and under section 140a(1) are liable to be adjusted at the time of the finalisation of the assessment. now, there are provisions in the income-tax act providing for levy of penalties for non-compliance with the provisions relating to filing of return, non-furnishing ..... act in certain cases which, inter alia, include failure to file a return of income, failure to produce accounts and documents, making of false statements and declaration, failure to deduct .....

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 10 1975 (HC)

Addl. Commissioner of Income-tax and anr. Vs. Dargapandarinath Tuljayy ...

Court : Andhra Pradesh

Decided on : Dec-10-1975

Reported in : 1977(2)AnWR47; 1976(1)APLJ43

..... reasonable cause' failed to furnish the returns of total income, etc., he may levy a penalty on such person. all that the income-tax officer has to be satisfied about is that the failure of the assessee to ..... section (1), making such non-compliance unprofitable. we also observed as follows :'now, there are provisions in the income-tax act providing for levy of penalties for non-compliance with the provisions relating to filing of return, non-furnishing of accounts or particulars, failure to pay advance tax, concealment or evasion of income-tax, etc. criminal prosecution is also provided for by chapter 22 of the ..... all the facts and circumstances of the case relevant for the exercise of discretion. it is no authority for the proposition that under section 271(1)(a) of the act the income-tax officer must find some extra mental element in addition to finding that the assessee had failed to furnish a return 'without reasonable cause'. the views expressed by us are ..... j. and punnayya j. in additional commissioner of income-tax v. narayanadas ramkishan : [1975]100itr18(ap) . in the circumstances, we think that the question should be resolved by a full bench.3. we would, however, like to express our view in the matter. section 271(1)(a) of the income-tax act provides that if the income-tax officer is satisfied that any person 'has without .....

Tag this Judgment!

Dec 10 1975 (HC)

Khushal K. Shah, Karta of H.U.F., Bombay Vs. the Commissioner of Incom ...

Court : Mumbai

Decided on : Dec-10-1975

Reported in : (1976)5CTR(Bom)8

..... made at the instance of the assessee and the following question has been referred to us by the tribunal under section 66 (1) of the indian income-tax act, 1922 :'whether on the facts and in the circumstances of the case, the remuneration and bonus as a director of gill & co. pvt. ..... . shah personally and not in the hands of hindu undivided family. this claim was accepted by the income-tax officer. however, later on re-assessment proceedings under section 34 (1) (b) of the income-tax act, 1922 were commenced for these two assessment years. the assessee challenged the validity of the re-assessment proceedings ..... found. to the statement of case has been annexed a letter dated 9th february, 1960, which had been addressed by the assessee to the 1st income tax officer, before the re-assessment was made (annex. j), as also a further letter dated 8th july, 1961, which had been addressed by the ..... chief justice) on the above points, a brief reference may be made to the decision reported in raj kumar singh hukam chandji vs. commissioner of income-tax, m.p. (1970) i.t.r. 33. at page 43 of the said report it is observed that :'the broader principle that emerges ..... on the ground that the condition laid down in section 34 (1) (b) was not fulfilled. on merits it was contended that the remuneration received by k. k. shah was his personal income and could not be taxed .....

Tag this Judgment!

Dec 09 1975 (HC)

Commissioner of Income-tax Vs. Kothari Auto Parts Manufacturers Pvt. L ...

Court : Mumbai

Decided on : Dec-09-1975

Reported in : [1977]109ITR333(Bom)

..... s.k. desai, j.1. this is a reference made by the income-tax appellate tribunal under section 66(1) of income-tax act. the reference was made at the instance of the commissioner. 2. the assessee is private limited company registered on 19th january, 1959 ..... amendment in 1955. 8. at page 742 of the report, there is a reference to an earlier decision of the supreme court in the case of commissioner of income-tax v. prithvi insurance co. ltd. : [1967]63itr632(sc) in which the test laid down by rowlatt j. in scales v. george thompson & co. ltd ..... attention was also drawn to a decision to a decision of the supreme court of india in the case of produce exchange corporation ltd. v. commissioner of income-tax [1970] itr 739. the appellant-company before the supreme court carried on business as dealer in diverse commodities and and also in stocks and shares. ..... 30,159, and this was returned as the loss for the material assessment. 3. the income-tax officer, however, held that the said loss was not due to the business activities of the company, and the total income was computed at nil. the assessee carried the matter to the appellate assistant commissioner who upheld ..... the conclusion of the income-tax officer and dismissed the appeal. the assessee, thereafter, came in appeal before the tribunal contending .....

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 (HC)

A.A. Kochandi and ors. Vs. Agricultural Income-tax Officer and ors.

Court : Kerala

Decided on : Dec-09-1975

Reported in : [1977]110ITR406(Ker)

..... of no assistance to the learned government pleader. the other two cases no doubt hold that the mode of service of notice provided in section 63(1) of the indian income-tax act, 1922, is not exhaustive, but it appears to me that the decisions in these two cases are based more on the principle that when it is proved, by admission or ..... pointed out at page 434 :' the statutory notice under section 63(1) of the income-tax act readwith order v, rule 17, of the code of civil procedure has one advantagethat even though such notice may not be served personally on the assesseethere is a statutory presumption ..... for service of summons under the code of civil procedure.' (underlining* by me) 6. and, dealing with an argument that what is required of the commissioner by section 33b of income-tax act is to give the assessee an opportunity of being heard and that, therefore, the impugned service of notice, though not in accordance with section 63, is valid, the same decision ..... not served on them as if it were a summons issued by a court under the code of civil procedure as required by section 64 of the agricultural income-tax act, 1950 (in short, ' the act ') and that a best judgment assessment without affording them an opportunity to explain the materials relied on by the first respondent is invalid as violative of the rules .....

Tag this Judgment!

Dec 09 1975 (HC)

Commissioner of Income-tax Vs. Trustees of Khimchand Amarchand Trust

Court : Mumbai

Decided on : Dec-09-1975

Reported in : [1978]113ITR185(Bom)

..... us under section 66(1) of the indian income-tax act, 1922, whereby the following question has been referred to us : 'whether, on the facts and in the circumstances of the case, capital gains arising out of the sale of lamington cinema were liable to be taxed in the hands of the assessees for the assessment ..... been seriously disputed before us that the present case would be governed by the decision of this court in the case of r.h. pandit v. commissioner of income-tax : [1972]83itr136(bom) . it might, perhaps, have been possible to argue that the shares of the beneficiaries were indeterminate or unknown if the present ..... case, but suffice it to say, that the capital gains arising from the sale of the property were determined at rs. 3,50,865. the income-tax officer allocated the capital gains between the tow beneficiaries and did not raise any demand against the trustees as such, taking the view that the shares of ..... the trust were definite and determinate. the appellate assistant commissioner, whilst confirming the capital gains at the figure arrived at by the income-tax officer, however, took the view that the trustees were liable to capital gains at the maximum rate. the tribunal also upheld the ..... until the date of the death of the survivor of the settlor and his grandsons, ashok sunderlal and ajit sunderlal, the trustees were to divide the income of the trust properties into three equal parts and assign one such equal part to the settlor, another to ashok, and the third to ajit. under .....

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!


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