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Judgment Search Results Home > Cases Phrase: income tax act Year: 1958 Page 10 of about 475 results (0.084 seconds)

Jan 06 1958 (HC)

L.R. Brothers Vs. the Agricultural Income-tax Board, U.P., Lucknow and ...

Court : Allahabad

Decided on : Jan-06-1958

Reported in : AIR1958All528; [1960]39ITR687(All)

..... sought to raise were identical.2. the appellant is a firm which carries on business of supplying seeds and plants at saharanpur. the appellant was assessed to agricultural income-tax under the u. p. agricultural income-tax act, 1949. it was not found assessable for the year 1947-48 but was assessed for the years 1948-49, 1949-50, 1950-51, 1951-52 and 1952 ..... is not entitled to do.17. learned counsel for the respondent pointed out in this connection that unlike section 33 of the income-tax act section 22 of the agricultural income-tax act does not contain the word, 'subject to the provisions of this act'. on that basis he argued that the revisional powers of the board of revision could not be subject to the provisions of ..... section 25. it is difficult to accede to this contention.it cannot be said that the powers of the commissioner under section 33 of the income-tax act would not be subject to the other provisions of the act if those words had not been there in the section. the words appear to have been put in there only as a matter of abundant ..... actually amended.8. the main contention pressed in appeal is that the revisional powers of the board of revision under section 22 of the agricultural income-tax act are subject to the provisions of section 25 of the act and after the expiry of the period of limitation mentioned in the latter section it was not open to the board of revision, in the .....

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Feb 27 1958 (HC)

ShamsuddIn Khan and anr. Vs. Commissioner of Income-tax

Court : Orissa

Decided on : Feb-27-1958

Reported in : AIR1958Ori143; 24(1958)CLT412; [1958]33ITR733(Orissa)

..... is below the limit laid down in the said schedule and consequently no tax is payable in respect of that income that income will not be 'chargeable' under the income-tax act. this argument overlooks the fundamental distinction between 'changeability' of an income to tax and the 'payability' of tax on that income.this distinction has been clearly brought out in a recent decision of the ..... lordships had to construe the expression 'income chargeable to income-tax' occurring in section 34 of that act and they held ..... specified below.'it is conceded that the petitioners' personal income is below the minimum specified in the schedule to the finance act of the relevant year. hence income-tax is not 'payable' on that income, but that income comes within the classes of income specified in section 6 of the income-tax act and is therefore chargeable to income-tax. in the aforesaid decision of the supreme court their ..... tribunal held that the petitioners were liable to assessment at the maximum rate, by virtue of the proviso to sub-section (1) of section 41 of the income-tax act; and then at the request of the assessees, stated a case, as aforesaid, for the decision of this court.5. sub-section (1) of section 41 of .....

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Apr 21 1958 (HC)

Bajranglal Chowkhani and anr. Vs. Income-tax Officer and anr.

Court : Orissa

Decided on : Apr-21-1958

Reported in : AIR1958Ori280; [1959]37ITR522(Orissa)

..... well within his jurisdiction to substitute the partners of the unregistered firm and to proceed against them, since the partners are jointly and severally liable for the income-tax dues under section 44 of the income-tax act. thus, the decision in : [1958]33itr435(cal) (a) is clearly distinguishable and does notappear to have arty application to the facts of the present case, ..... appeal to the commissioner, presidency division, was neard and allowed. the commissioner held that no notice of dissolution under section 25(2) of the income-tax act having been given to the income-tax authorities, section 44 of the act was not applicable, and consequently the assessmentcould not be sustained as an assessment of a dissolved firm. he further held that a certificate against a ..... made on the persons who were partners of the firm at the time of the dissolution jointly or severally and cannot be made on the firm. section 44 of the income tax act runs as follows : 'where any business, profession or vocation carried on by a firm or association of persons has been discontinued, or where an association of persons is ..... the petitioners although the present petitioners carrie an appeal against the order dismissing the petition under section 26a of the income-tax act. all that is sought to be challenged is that the income-tax officer has no jurisdiction under section 46(6) of the income-tax act. this contention cannot be accepted for a moment, for as i have stated earlier, article 258(1) contemplates .....

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Apr 24 1958 (HC)

Ramji Das Rikhiram Jagadhari Vs. Commissioner of Income-tax, Punjab, P ...

Court : Punjab and Haryana

Decided on : Apr-24-1958

Reported in : AIR1958P& H479

..... .6. a question at once arises: how should a partnership, which was established under an oral agreement, proceed if it wishes to claim the benefit of section 26a of the income-tax act? the answer is simple. as partnerships are formed by the mutual agreement of all parties they may be altered, modified or dissolved by like agreement. if therefore a partnership which ..... may be oral or in writing or it may be express or implied, but an agreement must precede the creation of the relationship. the element of agreement is fundamental. the income-tax act does not take notice of any partnerships which come into existence as the result of an oral agreement; it recognises only partnerships which are constituted under an instrument of partnership ..... be a relationship between persons who have agreed to share the profits of a business carried on by all or any of them acting for all. the indian income-tax act does not take notice of any partnerships which come into existence as the result of an oral agreement, for section 26a provides quite clearly that application can be ..... writing in october 1948 was one constituted under an instrument of partnership within the meaning of those words in section 26a and entitled to registration for the purposes of the income-tax act for the assessment year 1949-50?' 2. although it is difficult to give a definition of partnership which is accurate, comprehensive and exclusive, a partnership may be stated broadly to .....

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Oct 07 1958 (SC)

P. Krishna Menon Vs. the Commissioner of Income-tax, Mysore, Travancor ...

Court : Supreme Court of India

Decided on : Oct-07-1958

Reported in : AIR1959SC75; [1959]35ITR48(SC); [1959]Supp1SCR133

..... to discuss these points. 8. the first question is, whether the appellant was carrying on a vocation. under section 10 of the income-tax act, 1922, tax is payable by an assessee in respect of the profit or gains of any profession or vocation carried on by him. the facts ..... following questions to the high court of travancore-cochin for decision : '(i) whether the aforesaid receipts from john h. levy constitute income taxable under the travancore income-tax act, 1121 and (ii) whether there are materials for the tribunal to hold that the deposits into the assessee's bank account in ..... presents any difficulty. it has to be decided on the terms of the travancore income-tax act, 1121 (malayalam era), but as the provisions of that act are, for the present purpose, identical with those of the indian income-tax act, 1922, it would be more convenient to refer to the provisions of the latter ..... to the appellate assistant commissioner who consolidated them into one appeal. the appellate assistant commissioner dismissed the appeal and confirmed the orders of the income-tax officer. the appellant then went up in appeal to the appellate tribunal but that appeal also failed. 4. the appellant thereafter obtained ..... bombay by john h. levy from 1941 as aforesaid represented income that accrued to the assessee outside travancore state ?' 5. the high .....

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Apr 25 1958 (SC)

Badridas Daga Vs. the Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Apr-25-1958

Reported in : AIR1958SC783; [1958]34ITR10(SC); (1958)IIMLJ168(SC); [1959]1SCR690

..... : 'whether the said sum of rs. 2,02,442-13-9 being part of the amount embezzled by the assessee's minimum is allowable as a deduction under the indian income-tax act either under section 10(1) or under the general principles of determining the profit and loss of the assessee or section 10(2)(xv) ?' 4. the learned judges held that ..... venkatarama aiyar, j. 1. this is an appeal against the judgment of the high court of nagpur in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act. 2. the appellant is the sole proprietor of a firm called bansilal abrichand kasturchand, which carries on business as money-lenders, dealers in shares and bullion and commission ..... took place after the office hours, and it was held, following the decision in ramaswami chettiar v. commissioner of income-tax i.l.r. [1930] mad. 904, that it should not be allowed as a deduction under section 10(1) of the act, as it was not incidental to the carrying on of the trade. but it was observed by narasimham j., who ..... )(xi) for deduction of such a debt. in answering the question in the affirmative, lord russel observed : 'although the act nowhere in terms authorizes the deduction of bad debts of business, such a deduction is necessarily allowable. what are chargeable to income-tax in respect of a business are the profits and gains of a year; and in assessing the amount of the .....

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Apr 28 1958 (SC)

M.K. Venkatachalam, I.T.O. and anr. Vs. Bombay Dyeing and Mfg. Co., Lt ...

Court : Supreme Court of India

Decided on : Apr-28-1958

Reported in : AIR1958SC875; [1958]34ITR143(SC); (1958)IIMLJ182(SC); [1959]1SCR703

..... the union of india and it raises a short question about the construction of section 35 of the income-tax act read with section 1, sub-section (2) and section 13 of the indian income-tax (amendment) act, 1953 (xxv of 1953). it arises in this way. the income-tax officer, by his assessment order made on october 9, 1952, for the assessment year 1952-53, assessed the ..... ) cannot be said to be final in the literal sense of the word. this order was and continued to be liable to be modified under section 35 of the act. what the income-tax officer has purported to do in the present case is not to revise his order in the light of the retrospective amendment made by section 13 of the amendment ..... be operative for any assessment for the year ending the 31st day of march, 1952, whether made before or after the commencement of this act and, where any such assessment has been made before such commencement, the income-tax officer concerned shall revise it whenever necessary to give effect to this amendment. the position under section 30, sub-section (2) of the amendment ..... section 18a(5) and the said right cannot be taken away by the retrospective operation of section 13 of the amendment act. the same argument is put in another form by contending that the finality of the order passed by the income-tax officer cannot be impaired by the retrospective operation of the relevant provision. in our opinion, this argument does not really .....

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Apr 28 1958 (SC)

Dalmia Dadri Cement Co. Ltd. Vs. the Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Apr-28-1958

Reported in : AIR1958SC816; [1958]34ITR514(SC); [1959]1SCR729

..... in the calendar year 1948 were assessable for section 2006 (1949-50) at the rates in force according to the patiala income-tax act of s. 2001 read with section 3 of the patiala and east punjab states union administration ordinance (no. i of s. 2005), as repealed and re-enacted in section 3 ..... it has, on the other hand, recognised it as good and is, therefore, not entitled now to go back upon it, and that the levy of tax in accordance with the provisions of the indian income-tax act is accordingly illegal. as the contentions raised in the appeal and in the petition are substantially identical, they were heard together. 11. before us, the validity ..... in accordance with clause (23) of exhibit a or the provisions of the indian income-tax act, 1922. the income-tax officer, rohtak, rejected the contention of the appellant that it was liable to pay tax only in accordance with exhibit a and passed orders determining the tax under the provisions of the indian income-tax act for the year 1950-1951 on april 28, 1952, for 1951-1952 on ..... to recognise it, that there had been, in fact, no such recognition, and that, in consequence the tax was leviable as prescribed in the patiala income-tax act, section 2001. on the application of the appellant, the tribunal referred, under section 66(1) of the indian income-tax act, the following question for the opinion of the high court : 'whether the assessee's profits and gains earned .....

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May 12 1958 (SC)

Mazagaon Dock Ltd. Vs. the Commissioner of Income-tax and Excess Profi ...

Court : Supreme Court of India

Decided on : May-12-1958

Reported in : AIR1958SC861; [1958]34ITR368(SC); (1958)IIMLJ210(SC); (1959)61PLR85; [1959]1SCR848

..... an appeal against the judgment of the high court of bombay in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act. 2. the appellant is a private limited company incorporated under the indian companies act, and is carrying on business as marine engineers and ship repairers. its registered office is in bombay and it is ..... phrase 'business connection', observed sir george rankin, 'is different from, through not unrelated to, the word 'business' of which there is a definition in the act'. and in anglo-french textile co., ltd. v. commissioner of income-tax, madras : [1953]4scr448 , this court has observed that 'when there is a continuity of business relationship between the person in british india who helps to ..... the business. rule 34 then provides that the 'profits derived from any business carried on in the manner referred to in section 42(2) of the act may be determined for the purposes of assessment to income-tax according to the preceding rule'. now, the argument of mr. palkhivala is that the interpretation put on section 42(2) by the rule making authorities ..... therefrom, or which may reasonably be deemed to have been derived therefrom, shall be chargeable to income-tax in the name of the resident person who shall be deemed to be, for all the purposes of this act, the assessee in respect of such income-tax.' 3. the income-tax officer, bombay who dealt with the matter took the view that the appellant company had so arranged .....

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Sep 01 1958 (HC)

Malayalam Plantations Ltd., Quilon Vs. Commissioner of Income-tax, Mys ...

Court : Kerala

Decided on : Sep-01-1958

Reported in : AIR1959Ker34

..... taken for obtaining the copy has to be excluded in computing the time for the appeal under section 115 of the travancore income-tax act corresponding to section 67a of the indian income-tax act.4. the learned counsel for the income-tax department conceded before us that if we were of the opinion that the assessee was entitled to exclude the time taken for ..... the opinion expressed in the madras and calcutta cases referred to above and hold that the assessee was entitled, under section 115 of the travancore income-tax act (corresponding to section 67a of the indian income-tax act) to exclude the time taken for obtaining the certified copies after the intimation received by him of the appellate assistant commissioner's order.7. ..... high court in rasipuram u. n. service v. income-tax commissioner, air 1957 mad 151; (a). in that case section 33(1) of the indian income-tax act (corresponding to section 45 of the travancore income-tax act), section 67a of the indian income-tax act (corresponding to section 115 of the travancore act), and rule 10(1) of the income-tax appellate tribunal rules 1946 have been considered; and ..... the appellate tribunal in time having due regard to sections 45 and 115 of the travancore income-tax act and the rules framed by the appellate tribunal in this regard?'2. section 45 of the travancore income-tax act corresponds to section 33(1) of the indian income-tax act, and provides :'any assessee objecting to an order passed by an appellate assistant commissioner under .....

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