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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: recent Year: 1975 Page 80 of about 800 results (0.143 seconds)

Jan 08 1975 (HC)

The Commissioner of Income-tax and anr. Vs. the Income-tax Appellate T ...

Court : Delhi

Decided on : Jan-08-1975

Reported in : ILR1975Delhi723; [1975]99ITR552(Delhi); 1975RLR330

..... reassessment in pursuance of the order of the appellate assistant commissioner dated 12th november, 1957.(9) petitioner no. 2 (commissioner of income-tax u.p.) filed a reference application under section 66(1) ofthe income-tax act, 1922 (herein called 'the act') before the tribunal which came up to be registered as r. a. 1722 of 1964-65. in the said application the ..... august, 1962, annexure 'c', of the assistant appellate commissioner by which order he had set aside the proceedings under section 23 of the act directing the income-tax officer to make a fresh assessment. the income-tax officer made afresh assessment in pursuance of the aforesaid order. the assessed feeling aggrieved by the order challenged the same in appeal and the appellate ..... the same. the assessed-family preferred an appeal before the tribunal against the aforesaid order on the ground that the appellate assistant commissioner should have held that the income-tax officer had acted beyond his competence and jurisdiction in considering and including the aforesaid sum in the assessment. during the pendency of the aforesaid appeal of the assessed-family before ..... respondents were described as under :- 'commissioner of income vs. shri jagdish prasad tax, uttar pradesh ii pilibhit and others. lucknow name&no.; of .....

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Jan 08 1975 (HC)

Commissioner of Income-tax Vs. C. Kulandaivelu Konar (Decd.) by L. Rs.

Court : Chennai

Decided on : Jan-08-1975

Reported in : [1975]100ITR629(Mad)

..... charge.'6. the learned counsel pointed out that 'the benefit or perquisite obtained' which was the language used in section 2(6c)(iii) of the indian income-tax act, 1922, not only includes those benefits which are agreement-oriented but also benefits conferred by the employer voluntarily, and these observations, therefore, would have to ..... tribunal was right in law in holding that the sum of rs. 16,692 was not includible under the provisions of section 17(2) of the income-tax act, 1961 '2. we have no doubt that the tribunal was right in its view that section 17(2)(iv) would not be applicable to the ..... the meaning of section 17(2)(iv) of the income-tax act, 1961. in that view, he added back the sum of rs. 29,718 to the salary income of the assessee. on appeal by the assessee, the appellate assistant commissioner confirmed the order of the income-tax officer, except that on a recalculation he arrived at ..... any dispute in the section 260 proceedings. in this connection, we may also point out that under rule 3(g) of the income-tax rules, 1962, it is for the income-tax officer to value the benefit on such basis and at such amount as he considers fair and reasonable. the question whether the 9 ..... per cent. interest on the basis of which the income-tax officer calculated the benefit was fair or reasonable, was never in dispute, and, therefore, that could not be again gone into in the proceedings under .....

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Jan 08 1975 (HC)

M. Kaliappa Gounder Vs. Commissioner of Income-tax

Court : Chennai

Decided on : Jan-08-1975

Reported in : [1975]101ITR535(Mad)

..... (private) ltd., coimbatore. he was also plying one taxi and one lorry. in response to the notice under section 22(2) of the income-tax act, the assessee filed a return of income on august 19, 1960, in respect of the assessment year 1960-61, corresponding to the accounting year ending march 31, 1960, admitting a ..... assessee as those of a firm of four partners.'13. it is only on this basis that their lordships distinguished the decision in commissioner of income-tax v. anwar ali.14. as we have already pointed out, there is no positive evidence in this case to show that champa gounder had ..... available with the assessee and this has to be accepted, and, therefore, the decision in commissioner of income-tax v. anwar ali is not applicable. but it may be pointed out that in that decision the supreme court, at page 565, specifically stated :'...... ..... the amount was not available with the assessee.12. the learned counsel for the revenue relying on the decision in d.m. manasvi v. commissioner of income-tax, : [1972]86itr557(sc) submitted that the finding of the tribunal is that the amount had been paid to champa gounder and it was not ..... and, naturally, therefore, the payments of those creditsas well. these amounts appear to have been assessed in the earlier year,and, therefore, ultimately the income-tax officer found that the assessee'sexplanation to the extent of rs. 35,975 is acceptable. so far as the creditin the name of champa gounder was concerned .....

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Jan 08 1975 (HC)

Commissioner of Income-tax Vs. Balai Chandra Paul and ors.

Court : Kolkata

Decided on : Jan-08-1975

Reported in : 79CWN589,[1976]105ITR666(Cal)

..... in the wealth-tax act like section 9(3) as in the indian income-tax act, 1922, nor there is any such section in the wealth-tax act like section 26 as in the income-tax act, 1961. hence, the assessee cannot rely ..... of the family, for 'a hindu undivided family' and an 'association of persons', according to him, are two distinct status for the purpose of taxation under the indian income-tax act, 1922, and the income-tax act, 1961, and, therefore, though the individual members of a dayabhaga hindu undivided family may have definite and ascertained shares in the house property, yet they cannot be individually assessed ..... rani rudra : [1966]59itr216(cal) and in biswan ranjan sarvadhikary v. income-tax officer, in these circumstances, cannot be invoked for assessment of income from other sources under the income-tax acts.11. the decision of this court in govinda chandra das v. commissioner of wealth-tax is on the wealth-tax act but the wealth-tax act and the income-tax act are not in pari materia. further, there is no such section .....

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Jan 08 1975 (HC)

Controller of Estate Duty Vs. John Gregory Apcar and anr.

Court : Kolkata

Decided on : Jan-08-1975

Reported in : [1979]119ITR192(Cal)

..... implicit in the question submitted it is open to us to consider the same and in support of t his contention he has referred to the case of cit v. scindia steam navigation co. ltd. : [1961]42itr589(sc) .9. learned counsel for the accountable persons submitted that in the instant case the property ..... executors and trustees association of australia ltd. v. federal commissioner of taxation 94 clr 1. the tribunal held that section 5 of the e.d. act, 1953, applied and the valuation would have to be in accordance with the provisions of the partnership deed. following the said decision the tribunal further held ..... partners due to the cesser of interest of the deceased partner in the partnership.11. though the contentions regarding applicability of section 7 of the act and of the valuation of the goodwill in that connection now made before us, were not made before the tribunal, yet in our view the ..... of taxation 94 clr 1. learned counsel further contended that as in the instant case the question of applicability of section 7 of the e.d. act was not mooted before the revenue authorities, including the tribunal, and also does not come within the purview of the question referred, it is not ..... partnership. learned counsel, therefore, submitted that while considering the question what property has passed upon the death of the deceased under section 5 of the act the value of the deceased's share in the partnership should be determined in the manner as provided in the deed and, therefore, in 1hat view .....

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Jan 07 1975 (HC)

Commissioner of Sales Tax Vs. Cutchi Dasha Oswal Mahajan Graha Udyog C ...

Court : Mumbai

Decided on : Jan-07-1975

Reported in : [1975]36STC1(Bom)

..... that the respondent is not a dealer within the meaning of section 2(11) of the bombay sales tax act, 1959 ?' 3. the definition of the term 'dealer' contained in section 2(11) of the said act makes it clear that in order to be considered as a dealer, a person must be carrying on ..... the said community, viz., cutchi dasha oswal caste. the respondent made an application on 10th october, 1968, under section 52 of the said act requesting the commissioner of sales tax to determine whether the gnati mahajan was a dealer and whether the supply of the goods by the udyog griha amounted to a sale. ..... considered as carrying on the business of selling those goods. hence it was not a dealer within the meaning of section 2(11) of the said act. it has been pointed out by the division bench that it was in the course of carrying out of the purpose of the institution that such animals ..... to do through the respondent could not be described as a commercial activity of sale. the tribunal accepted the conclusion of the deputy commissioner of sales tax that there was surplus resulting from the activity of sale of the eatables and also that the eatables prepared were sold in the market like you ..... trust act, 1950. this trust conducts an institution known as udyog griha, whose affairs were managed by the respondent, which is a committee of the said trust. this committee was started mainly with the object of providing employment to the poor and distressed women of the said community, who have no source of income. .....

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Jan 03 1975 (HC)

K.C. Srivastava Vs. Controller of Estate Duty

Court : Allahabad

Decided on : Jan-03-1975

Reported in : [1979]117ITR221(All)

..... her death. being aggrieved, the accountable person challenged the order of the appellate controller by means of an appeal under section 63 of the act to the income-tax appellate tribunal. the tribunal also did not find any substance in the appeal and, consequently, dismissed the same. the accountable person, therefore, ..... k.c. agrawal, j. 1. this is a reference under section 64(1) of the e.d. act, 1953 (act 34 of 1953) (hereinafter referred to as 'the act'), made by the income-tax appellate tribunal, delhi bench 'c'. the following question has been referred by it for our opinion ; 'whether, on the ..... this submission as well, of the counsel for the accountable person. reservation of the right to receive monthly maintenance having not been confined to the income of one or some of the trust properties, it cannot be said that some particular property is subject to the obligation for payment of maintenance ..... school funds by miss oliphant could not be considered as a charge created on the income of the trust properties. according to his submission, this circumstance excluded the operation of section 22 of the act, relied upon by the revenue. a reading of the trust deed shows that it was ..... filed an application under section 64(1) of the act to the tribunal requiring it to refer to the high court the questioninvolved in the case .....

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Jan 03 1975 (HC)

F.C. Puri Vs. State of Rajasthan

Court : Rajasthan

Decided on : Jan-03-1975

Reported in : 1975WLN(UC)22

..... of equal pay for equal work has nothing to do with article 14 which cannot be said to be violated where the pay scales of class i and class ii income-tax officers are different though they do the same kind of work.17. in state of mysore v. p. narasinga rao air 1968 sc 349 the classification of two grades of ..... . union of india : [1962]44itr532(sc) , their lordships were considering the cases of income-tax officers of class i and ii who were discharging similar duties. income tax officers of class i were made eligible for appointment as assistant commissioners, but income-tax officers of class ii were made eligible for promotion as income-tax officers class i, but not for promotion to the post of assistant commissioners .....

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Jan 02 1975 (HC)

Additional Commissioner of Income-tax, Mysore Vs. M. Ranga Pai and ors ...

Court : Karnataka

Decided on : Jan-02-1975

Reported in : ILR1975KAR1207; [1975]100ITR413(KAR); [1975]100ITR413(Karn)

..... may not be brought within the purview of this provision..... 65. the minister of finance made the following observations in regard to the provisions of section 55(2) of the income-tax act during his reply to the debate in the lok sabha at the time of clause by clause consideration of the finance bill, 1964 : 'to-day, practically every transaction of the ..... device of an under-statement of the full value of the consideration received or receivable on the transfer of a capital asset. the provision existing in section 52 of the income-tax act before the amendment (which has now been renumbered as sub-section (1) enable the computation of capital gains arising on transfer of a capital asset with reference to its fair ..... that section 52(2) of the act, was attracted to the transaction as the market value of the property ..... ' and, therefore, included the said sum in the gift-tax assessment of the assessee by an order dated october 22, 1965. 4. in the assessment for the year 1964-65 to income-tax, the income-tax officer did not levy income-tax on capital gains on the transaction in question. the commissioner of income-tax, acting under section 263 of the act, set aside the assessment order being of the opinion .....

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Jan 02 1975 (HC)

Bright Brothers (Private) Limited Vs. J.K. Sayani

Court : Chennai

Decided on : Jan-02-1975

Reported in : AIR1976Mad55; (1975)2MLJ257

..... high court of calcutta mentioned already, that is in re shaw wallace and co. : air1931cal676 that case arose out of a reference made under the income-tax act, '922. the assessee, messrs. shaw wallace & co., were the distributing agents in india for the burmah oil company and sole agents in india ..... clear that the interpretation of section 206 was not strictly relevant for the point to be considered in the reference made under the indian income-tax act. secondly, with very great respect to the learned chief justice, i am unable to agree that if the phrase, such revocation or renunciation' ..... consideration was, whether the compensation received by the assessees was in the nature of a capital receipt and therefore not 'income, profits or gains' while the meaning of the income-tax act. one of the arguments that was advanced before the court was that it was an ex-gratia payment. in considering ..... in ex parte george staplyton barnes 1896 a.c. 146 stated that the word, 'such' referred to the last preceding provision.12. in commissioner of income-tax, punjab, himachal pradesh and bilaspur, simla v. jagan math maheshwary the high court of punjab observed:in its grammatical usage, and in its natural and ..... that argument, the learned chief justice (rankin, c.j.) referred to section 206 of the indian contract act. for the purpose of understanding .....

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