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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 1975 Page 7 of about 800 results (0.186 seconds)

Dec 09 1975 (HC)

United Provinces Commercial Corporation Vs. the State of Maharashtra

Court : Mumbai

Decided on : Dec-09-1975

Reported in : [1976]37STC405(Bom)

..... view we have taken by the decisions of various high courts on identical provisions contained in the indian income-tax act, 1922, and the wealth-tax act, 1957. section 66(5) of the indian income-tax act, 1922, is in terms the same as section 34(5) of the bombay sales tax act, 1953. the view which we have taken in this case was taken by the calcutta high court ..... ]46itr703(ap) . sub-section (6) of section 27 of the wealth-tax act, 1957, is in terms very similar to sub-section (5) of section 66 of the indian income-tax act, 1922, and sub-section (5) of section 34 of the bombay sales tax act, 1953. in a reference made under the wealth-tax act, 1957, at the instance of the assessee in which the applicant-assessee remained ..... in m. m. ispahani ltd. v. commissioner of excess profits tax, : [1955]27itr188(cal) , where also the applicant-assesses at whose instance a reference was made under section 66(1) of the indian income-tax act, 1922, did not appear before the court. in that case, the calcutta high court declined to answer the question ..... absent, namely, gajadhar prasad nathu lal v. commissioner of wealth-tax : [1970]76itr615(mp) , the madhya pradesh high court .....

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Dec 09 1975 (HC)

The Yemmiganur Spinning Mills Limited and anr. Vs. State of Andhra Pra ...

Court : Andhra Pradesh

Decided on : Dec-09-1975

Reported in : [1976]37STC314(AP)

..... 174 (s.c), is again a case where it was held that a notification issued under section 2(44) of the income-tax act investing the tahsildar with the powers of the tax recovery officer cannot be made retrospectively. again the distinction between the powers of a sovereign legislature and its delegate was pointed out and ..... w.r. 181 and r. narayana reddy v. state of andhra pradesh (1969) 1 an. w.r. 77, besides the decision of the supreme court in income-tax officer, alleppey v. m.c. ponnoose [1970] 75 i.t.r. 174 (s.c.).6. now, for an effective administration of law, it is essential to ..... . state of andhra pradesh [1961] 12 s.t.c. 634, where it was held that a rule framed under section 19 of the madras general sales tax act, 1939, can be given retrospective operation. the said decision was however referred to in the subsequent bench decision in r. srihari naidu v. government of andhra ..... june, 1971.3. sri p. venkatarama reddy, the learned counsel for the petitioners, contends that under section 9(1) of the andhra pradesh general sales tax act, an exemption can be granted by the state government by a notification published in the andhra pradesh gazette, which obviously means that the exemption would be effective ..... effect to a notification in the nature of the impugned g.o. is unreasonable inasmuch as they could not be required to pay the tax from out of their own income.7. we may now note the decision of a bench of this court reported in r. srihari naidu v. government of andhra pradesh .....

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Dec 08 1975 (HC)

Commissioner of Income-tax, Gujarat I Vs. Gujarat State Warehousing Co ...

Court : Gujarat

Decided on : Dec-08-1975

Reported in : [1976]104ITR1(Guj)

..... whether unabsorbed depreciation allowance of earlier years deemed to be part of the depreciation allowance of the current year under section 10(2)(vi) of the indian income-tax act, 1922, can be set oft against income under the heads other than business. but while discussing this question, the court has construed the proviso (b) of sub-section (2) of section 24 of the ..... gains of business for the current year arises in this reference in view of the provisions contained in sections 32(2) and 72(2) of the income-tax act, 1961 (which is hereinafter referred to as 'the act'). 2. short facts of the case, which form the background in which this question arises for our consideration, can be stated as under. the respondent-assessee ..... is deemed to be a part of depreciation allowance of the current year under proviso (b) to section 10(2)(vi) of the indian income-tax act, 1922, can be set off, unlike other business losses, against income other than business income. while considering this question, the court also happened to consider the qualification contained in proviso (b) to sub-section (2) of section 24 ..... the tribunal that the ratio of the decision of the supreme court in the case of commissioner of income-tax v. jaipuria china clay mines (p.) ltd., decided under the provisions of the indian income-tax act, 1922, applies to the instant case under the provisions of the income-tax act, 1961, and that, therefore, the carried forward losses should be deducted first from the current year's .....

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Dec 08 1975 (HC)

Governing Body of Rangaraya Medical College Vs. Income-tax Officer, A- ...

Court : Andhra Pradesh

Decided on : Dec-08-1975

Reported in : [1979]117ITR284(AP)

..... the buildings owned by the municipal borough of manchester on the ground that the said buildings were being used as public libraries. under the income tax act, exemption was available in respect of the property of any literary or scientific institution used solely for the purposes of such institution and in ..... trust was a 'public school' within the meaning of rule 1(c)of no. vi of schedule a of the income tax act, 1918. the expression 'public school' was not denned in the act, but several characteristics of a public school were referred to in certain earlier decisions, the main characteristic being that it ..... was divided into 40,000 preference shares and 100 new shares. while the preference shareholders were entitled to a dividend of 4% per annum free of income-tax, the new shareholders were not entitled to any dividend. however, the school was managed by a governing body consisting of 24 persons of whom 1 ..... the sale price of a medical seat in the college and that this is a regular business transaction under the law of contract and the income by sale of seats is taxable. further, the mere fact that the deposit made by the applicant for admission is subsequently treated as donation ..... (22) of section 10 of the act, in so far as it is relevant, may be set out: section 10 : 'in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included--...... (22) any income of a university or other educational institution .....

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Dec 05 1975 (HC)

income-tax Officer, A-ward Vs. Official Liquidator

Court : Andhra Pradesh

Decided on : Dec-05-1975

Reported in : [1977]47CompCas54(AP); [1977]106ITR119(AP)

..... by the official liquidator, the ex-directors of the company might be present and they might also be liable for the arrears of income-tax of the company under section 179 of the income-tax act but the income-tax officer has rightly served a notice of his intention of treating the official liquidator who is in charge of the entire accounts and assets ..... 2 is wide enough to take in any person connected with the management or administration of the company. the words 'management' and 'administration' are not defined anywhere in the income-tax act or the companies act. the ordinary dictionary meanings of those words may be noticed. ' manage ' means ' conduct (undertaking, etc.); control (household, institution, state); take charge of (cattle, etc.)'. ' administration' means ..... company in the light of the report that has been submitted by the voluntary liquidator, is the ' principal officer ' within the meaning of section 2(35) of the income-tax act, 1961.2. in order to appreciate the scope of the question, it is necessary to briefly state the material facts that gave rise to the same : the company by ..... the company in voluntary liquidation.4. the answer to the question turns upon the provisions of section 2(35) of the income-tax act, 1961, which defines ' principal officer ', read with section 497(6) of the companies act, 1956. section 2(35) of the income-tax act as applicable to the case of a company reads thus :' ' principal officer ', used with reference to.....a company.....means .....

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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 ' .....

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Dec 05 1975 (HC)

Commissioner of Income-tax Vs. Dhadi Sahu

Court : Orissa

Decided on : Dec-05-1975

Reported in : 42(1976)CLT89; [1976]105ITR56(Orissa)

..... (1)(c) holding that the inspecting assistant commissioner failed to have jurisdiction to impose penalty in consequence of the amendment of section 274(2) of the income-tax act, 1961 ?'2. the assessee is an individual deriving income from his share in a partnership business styled as 'm/s. dhadi sahu & others'. for the assessment years 1968-69 and 1969-70, the assessee filed ..... tribunal, cuttack bench, has stated these cases on applications made under section 256(1) of the income-tax act of 1961 (hereinafter to be referred to as 'the act') by the revenue and has referred the following common question for opinion of the court:'whether, on the facts and in the circumstances of the case, the tribunal was legally ..... amount of penalty imposable is in excess of rs. 1,000 under unamended sub-section (2) of section 274 of the act the case had to bo referred to the inspecting assistant commissioner for disposal. in this case, the income-tax officer while completing the assessments for both these years, being satisfied that penalties were to be imposed under section 271(1)(c ..... jurisdiction to deal with a penalty matter only when there is a reference made to him by the income-tax officer. section 271 requires the income-tax officer or the appellate assistant commissioner to initiate proceeding for penalty where in the course of any proceeding under the act the said authorities are satisfied that any of the three events as enumerated in clauses (a), (b .....

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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 .....

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Dec 05 1975 (HC)

Jawaharlal Khandelwal Vs. Commissioner of Income-tax

Court : Orissa

Decided on : Dec-05-1975

Reported in : [1977]110ITR884(Orissa)

..... of the relevant previous year 1969, viz., till august 31, 1968, for the assessment year 1969-70, was maintainable in terms of 'the provisions of section 187(1) of the income-tax act, 1961?'2. assessee is a firm and the relevant assessment year is 1969-70 corresponding to the previous year ending october 31, 1968 assessee filed its return for the year ..... r.n. misra, j. 1. on an application of the assessee made under section 256(1) of the income-tax act of 1961 (hereinafter referred to as 'the act') the income-tax appellate tribunal, cuttack bench, has stated this case and referred the following question for the opinion of the court:' whether or not, under the facts and circumstances of the case, ..... make two separateassessments for portions of the period covered by the return. reliance wasplaced on the provision of section 184(7) of the act and the decision of theandhra pradesh high court in the case of commissioner of income-tax v.sri rama talkies : [1973]87itr615(ap) . assessee contended that asingle return was filed, but two accounts were prepared for the periodsending august ..... together with a declaration under section 184(7) of the act. daring the previous year one of the partners, radhashyam khandelwal, had passed away on august 31, 1968. the income-tax officer found that the assessee had not closed the books of account on that day nor was there any reconstitution of .....

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Dec 05 1975 (HC)

Sajowanlal Jaiswal Vs. Commissioner of Income-tax

Court : Orissa

Decided on : Dec-05-1975

Reported in : [1976]103ITR706(Orissa)

..... to be the scope of sub-section (3).9. we would accordingly answer the question referred to us by saying :the expenditure referred to in section 40a(3) of the income-tax act is not confined to expenditure that could be claimed as a deduction under section 37 and refers to any payment made by the assessee and taken into account in computing ..... payment made by the assessee and taken into account in computing the total income under the provisions of the income-tax act, 1961 ?'2. the assessee is a firm carrying on business in grocery articles on wholesale basis at jharsuguda in the district of sambalpur. in the assessment year ..... has stated this case and referred the following question for opinion of the court on an application of the assessee made under section 256(1) of the income-tax act, 1961 (hereinafter referred to as ' the act,'):'whether the expenditure referred to in section 40a(3) refers only to the expenditure that could be claimed as a deduction under section 37 or to any ..... required section 40a(3) to be complied with only in respect of expenditure claimed as deduction under section 37 of the act. the income-tax officer did not accept the explanation and, therefore, added a sum of rs. 8,734 to the income of the assessee.3. the appellate assistant commissioner dismissed the assessee's appeal and upheld the addition. before the tribunal, in .....

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