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Judgment Search Results Home > Cases Phrase: income tax act Year: 1950 Page 1 of about 206 results (0.108 seconds)

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 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 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 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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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 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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May 04 1950 (SC)

Commissioner of Income-tax, Bombay Vs. Ahmedbhai Umarbhai and Co., Bom ...

Court : Supreme Court of India

Decided on : May-04-1950

Reported in : AIR1950SC134; (1950)52BOMLR719; [1950]181ITR472(SC); [1950]1SCR335

..... in this connection by the learned counsel on both sides, none of them seems to be directly in point. the cases cited relates mostly to different provisions of the income-tax act which make income taxable if it arises, accrues or is received in british india or is deemed under the provisions of law to arise, accrue or to be received in british india ..... are not in controversy and may be shortly stated as follows : 51. the respondents assessees are a firm, resident in british india and they are registered for income-tax purposes under section 26a of the income-tax act. their business consists in manufacturing and selling groundnut oil and they have three mills in bombay and one at raichur in the hyderabad state where oil is ..... the international harvester company's case without any further discussion. 65. mr. munshi in course of his arguments has referred to the provisions of section 42(3) of the indian income-tax act and he contends that the language of this sub-section clearly indicates that in the contemplation of the legislature certain operations of a business could be regarded as a part ..... . the place of sale was not considered the test when the business was of manufacturing and sale. similarly cases which deal with the liability of the assessee under the indian income-tax act because the profits were received (and not only accrued or arose) in india are also unhelpful. the judges of the high court strongly relied on the commissioner of taxation v .....

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Aug 02 1950 (HC)

Commissioner of Income-tax Vs. V.P. Rao (Deceased) and ors.

Court : Chennai

Decided on : Aug-02-1950

Reported in : AIR1951Mad1; [1950]18ITR825(Mad); (1950)IIMLJ580

..... urged vehemently that the word 'occupation' would mean the trade or calling by which a person seeks his livelihood as stated in mr. sampath aiyangar's commentary on the indian income-tax act, and that it would mean much the same thing as 'vocation'. we cannot agree. no doubt, 'occupation' is used sometimes in the same sense as vocation. but it is ..... j. has exhaustively discussed the case-law till 1946 and has finally held :'in short, the english income-tax act, by its charging provisions, has taxed only those particular types of income which can be brought within the various schedules whereas the indian income-tax act has charged whatever is income, profits and gains on the proper construction of these expressions.'it is obvious that the fee or ..... mathias that there can be no general presumption that an exemption from the provisions of a sub-section of the indian income-tax act is intended as a complete exemption from tax, and that an assessee will be liable to be taxed regarding the income which is not strictly proved to be not taxable under an exemption.14. in view of all the above considerations, ..... the learned counsel appearing on behalf of the assessee raised several contentions. the first was that the fee or remuneration of rs. 3000 involved in this case would not be 'income, profits or gains' chargeable to income-tax under section 6, income-tax act; and though they may be 'receipts' within the meaning of the exemption clause under section 4 (3) (vii), the charging of .....

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