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Judgment Search Results Home > Cases Phrase: income tax act Year: 1950 Page 1 of about 206 results (0.081 seconds)

Oct 06 1950 (HC)

Ambaram Kalidas Vs. Commissioner of Income-tax, Bombay North

Court : Mumbai

Decided on : Oct-06-1950

Reported in : AIR1951Bom207; [1951]19ITR227(Bom)

..... that it deals under sub-section (1) with the case of a business which is discontinued and which has not been subjected to double taxation having paid tax under the provisions of the indian income-tax act, 1918, and the provision of sub-section (1) is that if a business is discontinued in the middle of a year, then the business which is discontinued ..... . 1. the facts giving rise to this reference may be briefly stated. the assessee is a hindu undivided family. it is a dealer in cloth and was taxed under the provisions of the indian income-tax act, 1918. its accounting year was samvat year, and the joint family was disrupted on aso vad 30th, samvat year 2000, that is to say on the october ..... so much with the mode of taxing a business which is discontinued as with giving relief to a business from double taxation. in sub-section (4) what is dealt ..... for a broken period, the business should pay tax not only for the previous year which it ordinarily would do, but also for the additional period being the period up to its discontinuance. turning to sub-section (4) with which we are concerned, it deals with a business which had paid tax under the indian income-tax act, 1918, and that sub-section deals not .....

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Oct 06 1950 (HC)

Ambaram Kalidas Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Oct-06-1950

Reported in : AIR1951Bom297; (1951)53BOMLR86

..... to be that it deals under sub-section (1) with the case of a business which is discontinued & which has not been subjected to double taxation having paid tax under the provisions of the income-tax act, 1918, & the provision of sub-section (1) is that if a business is discontinued in the middle of a year, then the business which is discontinued has ..... chagla, c.j. 1. the facts giving rise to this reference may be briefly stated. the assessee is a hindu undivided family. it is a dealer in cloth & was taxed under the provisions of the income-tax act, 1918. its accounting years were samvat years, & the joint family was disrupted on aso vad 30th, samvat, year 2000, that is to say on 17-10-1944 ..... with the mode of taxing a business which is discontinued as with giving relief to a business from double taxation. in sub-section (4) what is dealt with ..... for a broken period, the business should pay tax not only for the previous year which it ordinarily would do, but also for the additional period being the period up to its discontinuance. turning to sub-section (4), with which we are concerned, it deals with a business which had paid tax under the income-tax act, 1918, & that sub-section deals not so much .....

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Jan 11 1950 (HC)

Al. Vr. Pv. Vr. Veerappa Chettiar Vs. the Commissioner of Income Tax

Court : Chennai

Decided on : Jan-11-1950

Reported in : AIR1950Mad692; [1950]18ITR396(Mad)

..... to state a case raising the following question of law:'whether on the facts of the case the sum of rs. 36,182/- can be assessed to income-tax under section 4 (1) (b) (iii), income-tax act.' 2. it is necessary to state briefly the facts which have given rise to the question of law involved in the case. the assessee veerappa chettiar was ..... of the profits were remitted to and received by him in british india and it was held that the profits received in british india were assessable under section 4 (2), income, tax act. this decision, in our opinion, has no application to the case of a partition of joint family properties. the position in respect of a partnership is different. each of the ..... /- out of this sum of rs. 1,00000/- as the share of profits that had accrued to the assessee at the time of the partition and subjected the same to income-tax under section 4 (1) (b) (iii), income-tax act as the said amount was brought over to british india. on appeal the appellate assistant commissioner set aside the order of the ..... divided from the family. till a partition is effected the hindu undivided family continues to be the owner of the entire property and the income derived therefrom. an undivided family may be represented by the manager, and assessed to income-tax through him. section 3, income-tax act, recognises this position and treats an undivided hindu family as a 'person' liable to assessment on the total .....

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Oct 10 1950 (HC)

Haji Ahmad Haji Esak and Co. Vs. Commissioner of Income-tax, Bombay Ci ...

Court : Mumbai

Decided on : Oct-10-1950

Reported in : [1951]19ITR331(Bom)

..... sir jamshedji on behalf of the assessee is that there has not been a proper compliance with section 15 of the excess profits tax act. section 15 of the excess profits tax act is in terms similar to section 34 of the income-tax act is it was before the recent amendment. section 15, as section 34, requires, as has been often pointed out, three conditions which ..... not seized of the assessment, and it is contended that the dealing by mr. dastur of the assessee's case offends against the provisions of the section 54 of the income-tax act. section 54 safe guards all disclosures made by an assessee in as confidential and it penalizes any public servant who discloses any such information. now in asking mr. dastur to ..... the law from his predecessor, and the question that sir john beaumont and myself had to consider was whether a mere change of opinion of the law warranted the income-tax officer to act under section 34, and it was in relation to these facts that certain observations were made by the learned chief justice and myself. sir john beaumont stated that in ..... . dastur for a careful scrutiny of the books of account and in this connection mr. dastur made his report. at the time that the assessment order under the excess profits tax act was passed, the income-tax assessment of the assessee was not completed and this assessment was completed by an order made on the march 24, 1947, and the assessment was made on .....

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Oct 10 1950 (HC)

Haji Ahmad Haji Esak and Co. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Oct-10-1950

Reported in : AIR1951Bom299; (1951)53BOMLR89; ILR1951Bom748

..... has been urged by sir jamshedji on behalf of the assessee is that there has not been a proper compliance with section 15, excess profits tax act. section 15, excess profits tax act, is in terms similar to section 34, income-tax act, as it was before the recent amendment. section 15, as section 34, requires, as has been often pointed out, three conditions which have ..... of the assessment, & it is contended that the dealing by mr. dastur of the assessee's case offends against the provisions of section 54, income-tax act. section 54 safeguards all disclosures made by an assessee in connection with income-tax proceedings & treats all this information as confidential, & it penalizes any public servant who discloses any such information. now in asking mr. dastur to ..... different view of the law from his predecessor, & the question that sir john beaumont & myself had to considerwas whether a mere change of opinion of the law warranted the income-tax officer to act under section 34, & it was in relation to these facts that certain observations were made by the learned chief justice & myself. sir john beaumont stated that in order ..... got to be fulfilled before the excess profits tax officer or the income-tax officer is empowered to re-open an assessment already made. there must be a .....

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Sep 26 1950 (HC)

Mohd. Naim Mohd. Alam Vs. the Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-26-1950

Reported in : AIR1952All143; [1951]19ITR58(All)

..... an order is pass ed under section 30 (2), income-tax act admitting an appeal and after notice is issued to the assesses fixing date and place for the hearing and final disposal of the appeal, the appeal can be disposed of ..... an order refusing to condone the delay under section 30 (2) and thereafter rejecting the memorandum of appeal is an order under section 30 (2), income-tax act, or, is an order under section 31 of the act. that question has been raised in another reference which is before us for decision. it is not necessary to express any opinion on that point in ..... subsequently holding that the appeal is time-barred under section 30(2), income-tax act? 2. whither the refusal of the appellate assistant commissioner of income-tax to admit an appeal on the ground that it is time-barred is an order under section 31, income-tax act and appealable to the appellate tribunal under section 33, income-tax act?' from the facts set out below, it would appear that the ..... that it should be admitted. after the admission of the appeal, the only section that would apply at the final hearing is section 31, income-tax act. no doubt, when dealing with the appeal under section 31 of the act, the appellate assistant commissioner, on a re-examination of the facts may decide against the assessee even on the question of limitation. but after .....

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Sep 19 1950 (HC)

Mahabir Prasad Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-19-1950

Reported in : AIR1952All271; [1951]20ITR472(All)

..... that no appeal lay to it as the order of the appellate assistant commissioner was not under section 31 but it was under section 80, clause (2), income-tax act.5. the question referred to us for our opinion is whether an appeal lay to the tribunal. theassesses wants certain other questions to be referred to us. we ..... referred to us.3. mr. das on behalf of the department has opposed the application on the ground that it is barred by limitation. section 66 (2), income-tax act provides that if, on any application being made under sub-section (1), the appellate tribunal refuses to state the case on the ground that no question of law ..... appellate assistant commissioner refusing to admit an appeal by holding that it was not presented within time is an order under section 30, clause (2), income-tax act, or under section 31 of the act ? (b) whether an appeal is competent to the tribunal from such order ?' 2. this reference came up for hearing before us to day ..... a case where the high court had asked for a reference under section 66 (2) and it was not a case under section 66 (1), income-tax act. so far as the powers of this court under section 66 (4) are concerned, they are the same whether a reference has been made by the ..... it would like to have further statement of facts and other questions referred to it, it can always pass suitable orders under section 66 (4), income tax act the point is covered by the decision of a bench of the bombay high court in n. v. khandvala & co. v. commissioner of .....

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Sep 25 1950 (HC)

Gaya Ram Gabbu Lal Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Sep-25-1950

Reported in : AIR1952All325; [1951]19ITR114(All)

..... the assessment orders without issuing fresh notices under sections 22 (4) and 23 (2), income-tax act. in view of the provisions of section 5 (7a), income tax act, fresh notices were not necessary. that sub-section is as follows:'5(7a) 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 ..... in the application or in the statement of the case and so far as we know, the income-tax officers are authorised to exercise jurisdiction, in addition to their own duties, under the excess profits tax act.12. in view of the provisions of section 5 (7a), income-tax act, quoted above, our answer to this question can only be that no fresh notices were necessary.13 ..... structures ltd. v. e. a. briggs, 1949-17 i. t. r. (supp.) 30.9. we cannot, in these circumstances, say that he could not have issued notice under section 34, income-tax act. our answer to the first two questions is, therefore, in the affirmative.10. as regards the third question, the facts are that the commissioner of ..... year to the assessment year 1940-41, was entered as fictitious deposits in the next year, the income tax officer believed that a part of the income in the assessment year 1940-41 had escaped assessment. thereupon he issued notice to the assessee under section 34, income-tax act.5. the statement of the case does not clearly set out the facts mentioned by us above .....

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Sep 26 1950 (HC)

The Municipal Board Vs. the Commissioner of Income-tax, C.P. and Berar

Court : Allahabad

Decided on : Sep-26-1950

Reported in : AIR1951All582; [1951]19ITR63(All)

..... commodity within the jurisdictional area of the municipal board and was, therefore, not subject to income-tax in the affirmative. the income made out of the supply of water at the rakabganj reservoir comes under the exceptions in section 4 (3) (iii), income-tax act and is not liable to income-tax.10. in view of the fact that both parties have partly succeeded and partly failed, we ..... rakabganj, at the reservoir in fort and at the 2' main to old ordinance quarters at chipitola. the income-tax officer considered the income derived by the board by sale of the water to the cantonment board as income, profits and gains which was taxable under the income-tax act.3. on behalf of the board, however, reliance is placed on section 4 (3) (iii) which is ..... of a trade and the profits are taxable unless they come under the exceptions given in section 4 (3) (iii), income-tax act. section 4 (3) (iii) exempts the income from a trade or business carried on by a municipal board if such income arises from the supply of a commodity or service within its own jurisdictional area. so far as the hakabganj reservoir is ..... be referred and it was as follows :'(a) whether in the circumstances of the case, the income derived by the applicant -board for the supply of water to the cantonment board, agra, is exempt from liability to tax under section 4 (3) (iii), income-tax act as not being income from a trade or business carried on by it and (b) if the answer to question .....

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Nov 14 1950 (HC)

Sm. Indermani Jatia Vs. Comr. of Income-tax

Court : Allahabad

Decided on : Nov-14-1950

Reported in : AIR1951All652; [1951]19ITR342(All)

..... case, the expenditure of rs. 7,512 incurred in connection with a criminal litigation was an admissible expenditure within the meaning of section 10 (2) (xv), i.-t. act?' section 10 (2) (xv), income tax act, is as follows :'such profits or gains shall be computed after making the following allowances, namely :(xv) any expenditure (not being in the nature of capital expenditure or ..... the assessment year 1943-44 & rs. 47,029 from the assessment year 1944-45 could be legally deemed to have been received in british india & were liable to tax under section 4 (1), income-tax act?'the tribunal's finding on the point is as follows:'the assessee's counsel does not dispute the contentions of the dept. that the sum has been lent ..... interest paid by it to the head office. interest in such cases should be deemed to have been received in british india, & it is clearly liable to tax under section 4 (1) (a), income-tax act. the amounts in dispute have been rightly added in the assessment.' 5. on the admissions made by the learned counsel for the assessee there can be no doubt ..... malik, c.j.1. this is a reference under section 66 (1), income-tax act by the income-tax appellate tribunal, allahabad bench. the assessee, rai bahadur seth ganga sagar jatia, was assessed to income-tax as an individual. the sources of income were from house property, dividends & business. the business was carried on in khurja under the name & style of ram dayal mahali ram & at khurja, aligarh & chistian .....

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