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Judgment Search Results Home > Cases Phrase: income tax act Year: 1957 Page 1 of about 516 results (0.084 seconds)

Sep 04 1957 (HC)

Dayabhai Girdharbhai Vs. Commissioner of Income-tax, Madhya Pradesh an ...

Court : Mumbai

Decided on : Sep-04-1957

Reported in : [1957]32ITR677(Bom)

..... made under the proviso to section 13 of the indian income-tax act, the assessee is not liable to be penalised under the provisions of section 28(1)(c) of the indian income-tax ac ?' 2. the short facts are that the assessee made a return of income-tax on the 13th of september, 1951, in respect of ..... states that there was deliberate concealment, which was the finding of the income-tax officer confirmed by the appellate assistant commissioner and the tribunal. 4. the mr. pandit argues that if a penalty is attracted notwithstanding the fact that a ..... question as to whether there was any evidence on which the income-tax authorities could have come to such a conclusion. no such question has been referred to us, and indeed the question referred to us in terms ..... the fact that the return has been subsequently corrected. the question as to whether the omission is deliberate or bona fide is a question for the income-tax authorities to determine, it being a pure question of fact, and it cannot arise for determination by us unless there was a reference on a ..... sales of rs. 40,770 the assessee showed a gross loss of rs. 3,444. the assessee's explanation of this loss did not satisfy the income-tax officer and he suspected that the closing stock of the assessee as shown was not correct. he, therefore, called upon the partner who appeared before .....

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Sep 03 1957 (HC)

Bombay Cycle Stores Co. Ltd. Vs. Commissioner of Income-tax, Madhya Pr ...

Court : Mumbai

Decided on : Sep-03-1957

Reported in : [1958]33ITR13(Bom)

..... us by the tribunal, and they are : '(1) was the tribunal entitled to compute the gross income from the sales of bicycles and motor-cycles under the proviso to section 13 of the indian income-tax act, even though the gross profits ascertained by reference to the accounts of the assessee were found to ..... be correct (2) were the income-tax authorities right in adding rs. 12,174 paid in respect of sales tax to the income of the assessee even though it ..... cycles the correct profit could be ascertained from the books, notwithstanding the fact that it could not be so ascertained in respect of accessories, the income-tax officer should have accepted the profits so ascertained as his own estimate. now, dealing with the first part of the argument, the proviso to ..... and motor-cycles only and expressed his inability to furnish such details in respect of accessories.he relied upon this for the inference that the income-tax officer found that the gross profits in respect of sales of cycles and motor-cycles only could be correctly ascertained from the accounts. it ..... dealt in motor-cycles, cycles and accessories in the assessment year 1950-51. the accounting year was the year ending 31st december, 1949. the income-tax officer found that the profits and gains could not properly be deduced from the accounts kept by the assessee, applied the proviso to section 13 .....

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Feb 26 1957 (HC)

Lilaram Thawerdas, Bombay Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Decided on : Feb-26-1957

Reported in : [1957]31ITR753(Bom)

..... it would be a matter for consideration whether the assessee could take away the jurisdiction of an income-tax officer in india under the income-tax act by submitting a return to the income-tax officer in a foreign country and giving him the jurisdiction of assess his income. from this point of view it may also perhaps be necessary to determine whether any notice ..... assessee when the assessment proceedings were properly pending before another income-tax officer. now on this aspect of the matter various considerations arise. it is said that, ..... be drawn. if the assessment proceedings were pending before the income-tax officer at karachi, then that officer alone, it would seem, would be entitled to complete the assessment of the assessee, and unless there was a transfer, under section 5 of the income-tax act, from that officer to another officer, the income-tax officer, bombay, would have no jurisdiction to assess the ..... had been issued by the income-tax officer, karachi, under section 22 (2), and if so, when. therefore, without .....

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Feb 13 1957 (HC)

Narrondas Manordass, Bombay Vs. Commissioner of Income-tax, Central, B ...

Court : Mumbai

Decided on : Feb-13-1957

Reported in : [1957]31ITR909(Bom)

..... good, and the ratio is this that to the extent that the commissioner can agitate a matter before the ordinary tribunal set up by the income-tax act, viz., the appellate assistant commissioner, it is not open to him to exercise his extraordinary powers under section 33b. but neither of these ..... choose to appeal, the order of assessment becomes final subject to any power of revision that the commissioner might have under section 33b of the income-tax act. therefore, it would be whole erroneous to try and compare the powers of the appellate assistant commissioner with the powers possessed by a court ..... co. what arose for our consideration in these two cases was the power of the commissioner under section 33b of the income-tax act, and in these two cases we held that whether an appeal was pending before the appellate assistant commissioner or whether an appeal ..... that the appellate assistant commissioner under section 33b if the assessee appeals and permits the appellate assistant commissioner to reverse an order passed by the income-tax officer. of course, there are observations in these two judgments which go to show how wide and unfettered the powers of the appellate ..... legislature has strikingly deviated from the ordinary principles that govern the court of appeal. although the department cannot appeal against the order of the income-tax officer and although the appeal is only by the assessee, even so the legislature confers upon the appellate assistant commissioner the power to make .....

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Feb 04 1957 (HC)

L.R. Brothers Vs. the Commr. of Income Tax

Court : Allahabad

Decided on : Feb-04-1957

Reported in : AIR1957All749

..... correct was a question of fact. neither in the application under section 66 (1) of the income-tax act before the appellate tribunal nor in the application under section 66 (2) of the income-tax act before this court did the assessee seek any reference to this court of the question whether the findings ..... v. bhargava, j. 1. the following question has been referred by the income-tax appellate tribunal for opinion to this court in compliance with the orders passed by this court under section 66 (2) of the income tax act :'whether there was any material on which the tribunal could come to the conclusion that the ..... amount of rs. 68,958/- out of the cash deposits appearing in the assessee's personal accounts represented his concealed income of the previous year of the assessment ..... appellate assistant commissioner.the tribunal relied on the fact that even the appellant had not been able to meet the point raised by the income tax officer relating to the appellant's having a contract for packing and about the appellant's doing business in the supply of seeds in ..... an horticultural farm during a number of years preceding the previous year in question. the explanation given by the assessee -was scrutinized by the income-tax authorities. the explanation of some of the sources was accepted whereas for others it was rejected.ultimately it was held that the assesses had .....

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Feb 13 1957 (HC)

Narrondas Manordass Vs. Commissioner of Income-tax, Central Bombay

Court : Mumbai

Decided on : Feb-13-1957

Reported in : AIR1958Bom35; (1957)59BOMLR511; ILR1957Bom512

..... holds good, and the ratio is this that to the extent that the commissioner can agitate a matter before the ordinary tribunalset up by the income-tax act, viz., the appellate assistant commissioner, it is not open to him to exercise his extraordinary powers under section 33-b. but neither of ..... to appeal, the order of assessment becomes final subject to any power of revision that the commissioner might have under section 33-b of the income-tax act. therefore, it would be wholly erroneous to try and compare the powers of the appellate assistant commissioner with the powers possessed by a court ..... 1953]23itr420(bom) . what arose for our consideration in those two cases was the power of the commissioner under section 33-b of the income-tax act, and in these two cases we held that whether an appeal was pending before the appellant assistant commissioner or whether an appeal had been disposed ..... the earlier decision.9. then there is an unreported judgment of this bench in shariff jiwa and co. ltd., mombassa v. commissioner of income-tax, bombay city, income-tax reference no. 10 of 1950, delivered on 9-10-1950 (d). there also we have explained the power of the appellate assistant commissioner ..... matter dealing with the assessment of the assessee, and it appears that we held, givingeffect to this concession, that an order by the income-tax officer registering a firm could bechallenged by the commissioner before the appellate assistant commissioner if the asses-see-has preferred an appeal. mr. kolah .....

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Sep 11 1957 (HC)

Commissioner of Income-tax, Bombay City Vs. T.M. Bhumraddi and anr.

Court : Mumbai

Decided on : Sep-11-1957

Reported in : [1958]33ITR82(Bom)

..... found it could have been held that there was any business connection in british india within the meaning of section 42, sub-section (1), of the income-tax act. in our opinion, there is nothing whatever in those facts to warrant any finding of a business connection. the moment the tribunal found as it did ..... and it is these grounds of appeal that the tribunal is empowered to determine. in supporting the decision of the appellate assistant commissioner appealed from the income-tax commissioner may no doubt support it on any ground other than the one on which the appellate assistant commissioner had come to that conclusion; but ..... to consider the exact scope of the powers of the tribunal in new india life insurance co. v. commissioner of income-tax, and we there held that the power of the tribunal is confined to dealing with the subject-matter of the appeal and the subject-matter of ..... whether this was the case of the department at any stage in these proceedings, for, if it was not, it was not open to the income-tax commissioner to raise for the first time a new case before of the tribunal when the assessees were the appellants before the tribunal. we had occasion ..... opinion, it was not open to the department to take up this contention before the tribunal when it had not been raised either before the income-tax officer or before the appellate assistant commissioner and the facts in respect of which had not been found until the stage that the assessees filed an .....

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Sep 20 1957 (HC)

Sitaldas Tirathdas Vs. Commissioner of Income-tax, Bombay City Ii, Bom ...

Court : Mumbai

Decided on : Sep-20-1957

Reported in : [1958]33ITR390(Bom)

..... question because this question can only have relevance and significance if we were considering a claim made for deduction under section 9(1)(iv) of the income-tax act, where a claim is made in respect of immovable property where the immovable property is charged or mortgaged to pay a certain amount. it is sufficient ..... an assessee receives as a member of a hindu undivided family is no taxable in his hands by reason of section (1) of the income-tax act, and the whole of the income of the joint family, howsoever distributed amongst the members, is taxable in the hands of the hindu undivided family. it is to this ..... mother and widow; and what was held by the madras high court was that the maintenance allowance was not an allowable deduction under the income-tax act. in our opinion, this case has no relevance to the case before us. the ratio of this case is quite simple, because what was being ..... them. 6. the first case on which mr. amin relies is a decision of the madras high court in raghavalu naidu & sons v. commissioner of income-tax. in this case the assessees were the executors of a deceased person and the testator by his will had directed that the executor should continue the business ..... could be enforced in a court of law.' 4. in this judgment we have considered all the decisions relating to this branch of the law of income-tax beginning from the case of dudhuria, which i have just referred to, and having taken into account all those decisions we had in this judgment deliberately .....

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Sep 24 1957 (HC)

Trustees of Late R.J. Vakil Vs. Commissioner of Income-tax, Bombay Nor ...

Court : Mumbai

Decided on : Sep-24-1957

Reported in : [1958]33ITR517(Bom)

..... ,000 can be deemed to have been received by the assessee in the taxable territories in the year of account within the meaning of section 14(2)(c) of the income-tax act ?' 3. the tribunal in their order observed : 'when the dividend was declared, ordinarily it should have gone to the credit of the assessees' account. instead of the dividend being remitted ..... the taxable territories only if it was received by the assessees in the taxable territories in the year of account within the meaning of section 14(2)(c) of the income-tax act. 2. a few relevant facts in connection with the dividend that was declared and paid in the accounting year are these. the directors of the new jehangir vakil mills ltd ..... required to be referred to us and that question is : '(2) whether it is open to the income-tax officer to proceed against the trustees when the demand under section 18a and/or assessment under section 23b of the act had already been made against the beneficiaries and partly recovered ?' 15. such a question could have been, if at all, referred at the ..... : '(1) whether on the facts and circumstances of the case the tax paid by the beneficiaries under section 18a or section 23b of the act can be set off against the liability of tax of the trustees in respect of the same income ?' 12. we are surprised that responsible officers of the income-tax department should taken up so unreasonable an attitude in matters of taxation .....

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Sep 30 1957 (HC)

Rajkumar Mills Ltd. Vs. Income-tax Appellate Tribunal

Court : Mumbai

Decided on : Sep-30-1957

Reported in : [1958]33ITR750a(Bom)

..... of the high court was forwarded to the tribunal for disposal of the matter of conformity with the judgment was required by section 66(5) of the indian income-tax act. 5. when the matter went before the tribunal, it was contended on behalf of the department that as these two items of rs. 6,02,911 and ..... chequered career, and what is sought to be challenged on this petition now is an order made by the appellate tribunal under section 66(5) of the income-tax act after the high court had answered certain questions referred to it. 2. the assessment year with which we are concerned is the year 1942-43 and the ..... from the total sales of rs. 6,02,911 was not taxable on the accrual basis under section 4(1)(c) of the income-tax act. the powers of the appellate assistant commissioner are to be found in section 31 and sub-section (3)(b) of that section provides : 'in ..... india is not necessarily a receipt in british india so as to attract the provisions of section 4(1)(a). 14. in our opinion, therefore, the income-tax tribunal acted within jurisdiction in making the order that they did. 15. the result is that the petition fails and the rule will be discharged with costs. 16. rule ..... company. during the accounting year it had sales of cloth amounting to rs. 50,33,183 and the company itself supplied to the income-tax officer analysis of these sales which the income-tax officer by his order accepted. it is essential to set out that analysis in order to understand the contentions of the parties that arises .....

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