Court : Kerala
Decided on : Oct-31-1958
Reported in : AIR1959Ker279; 36ITR544(Ker)
..... have carried forward the particular losses under the law in existence before the extension of the indian income-tax act (in this case, under the travancore income-tax act) and that in view of it the company's loss of 1123 could be carried forward only for two years, ..... the fact that in the order for the assessment or 1950-51 which was the first assessment on the company under the indian income-tax act after that act was extended to travancore-cochin, the loss of 1123 was ascertained and there was an express direction to carry forward that loss also ..... difficulties) order, 1950, it could never have been the intention to make this kind of discrimination against the assessees newly brought under the indian income-tax act.as the extension was made for the purpose of securing uniformity section 3 could have been intended only for the purpose of relieving temporary hardships ..... (removal of difficulties) order 1950, has expressly curtailed the rights which they would otherwise have had under section 24(2) of the indian income-tax act. he contended that that section limits the rights of those assessees to carry forward the losses of previous years to periods during which they could ..... to make a reference. this reference lias been made accordingly, and the questions referred are;'(i) whether under the provisions of the indian income-tax act the petitioner is entitled to cany forward the loss for a period of six years notwithstanding the fact that during the period when the .....Tag this Judgment!
Court : Chennai
Decided on : Aug-06-1958
Reported in : AIR1959Mad56; 38ITR29(Mad)
..... is the liability of the assessee to pay these municipal rates in ceylon an "annual charge" within the meaning of section 9(1)(iv) of the income-tax act is the question.20. we have already pointed out that the liability to pay the rates was annual, though the ceylon ordinance permitted the payment in instalments. ..... four assessment years 1944-45 to 1946-48.13. we have to answer this question with reference to the relevant provisions of section 9(1) of the income-tax act, and the provisions of the ceylon municipal councils ordinance regulating the assessment, levy and collection of rates on houses in ceylon.14. the relevant provisions of ..... section 9(1) of the income-tax act ran:the tax shall be payable by an assessee under the head 'income from property' in respect of the bona fide annual value of property consisting of any buildings or lands appurtenant thereto of ..... dividend of rs. 7,500 received in the ' previous year' for 1945-46 assessment from the beverley estates, ltd., madras, is income exempt under section 4(3)(viii) of the income-tax act?the answer to this question is concluded by the authority of the decision of the supreme court inmrs. bacha f. gizdar v. commissioner ..... 1. six questions were referred for the determination of this court under section 66(1) of the income-tax act. it may not be necessary to set out over again the relevant facts to answer some at least of the questions.2. .....Tag this Judgment!
Court : Chennai
Decided on : Jul-09-1958
Reported in : AIR1959Mad81; (1958)2MLJ388
..... the taxable territories would. be less than the income that arose to it outside the taxable territories in that year.3. in effect the learned ..... 1. the two questions that were referred to this court for determination were :1. whether the words "income arising in the taxable territories" in section 4-a (c) of the income-tax act would also include agricultural income arising in taxable territories.2. whether the assessee was rightly assessed as a resident within the meaning of section 4-a(c).the answer to the second of ..... india for purposes of assessment to income-tax in the assessment year 1951-52. in computing the income that arose within the taxable territories in the relevant year the tribunal took into account a sum of rs. 4,40,341/- which constituted agricultural income as defined by section 2(1) of the income-tax act if that were ignored the taxable income that arose to the assessee within ..... counsel for the asses-see urged that the word "income" in the passage "income arising in taxable territories" should be .....Tag this Judgment!
Court : Chennai
Decided on : Apr-02-1958
Reported in : AIR1959Mad108; 34ITR540(Mad); (1958)2MLJ601
..... been passed after hearing both the petitioner and the authorised representative of the department. he added :'the appellant is not aware of any provision in the income-tax act or in the appellate tribunal rules' enabling the income-tax officer or his authorised representative to file an application concerning matters decided in the appeal after the order has been passed and communicated to the appellant ..... rs. 17,500 for 1947-48 and nothing should be added for 1946-47 and 1948-49.5. the petitioner applied to the tribunal under section 66(1) of the income-tax act to state a case and refer certain questions to the kerala high court in respect of the assessment for the years 1944-45, 1945 46 and 1947-48.6. on ..... balakrishna ayyar, j. 1. these are two petitions for the issue of appropriate writs to quash the order of the income-tax appellate tribunal, madras dated 3-1-1957, and made under section 35 of the income-tax act. w. p. no. 649 of 1957 relates to the assessment year 1948-49 and w. p. no. 650 of 1957 relates to the assessment year 1916-47 ..... fit, ignore the representation.18. the matter is covered by authority. section 33 of the income-tax act, as it stood before it was amended by act vii of 1939, authorised the commissioner of income-tax of his own motion to call for the record of a proceeding under the act which has been taken by an authority subordinate to him or by himself when exercising the .....Tag this Judgment!
Court : Chennai
Decided on : Sep-03-1958
Reported in : AIR1959Mad271; 35ITR362(Mad)
..... , merely because they were carrying on businesses at two different places under different styles and names.'the court further explained how the position under the indian income-tax act was different.18. the learned advocate general did not dispute that this decision being that of a division bench of this court is binding on us. ..... individual. although a firm is an assessable entity under the indian income-tax act a firm is not a legal entity. in the eye of the law a firm is a compendious expression used to indicate that several persons ..... by the assessee but is carried on by the assessee along with a partner or partners. mr. joshi says that a firm under the indian income-tax act is an assessable entity and therefore a distinction must be made between a business carried on by a firm and a business carried on by an ..... cotton seed in coimbatore. for the purpose of the indian income-tax act the firm in tanjore would be one entity and the firm in coimbatore would be another entity. the two would be wholly distinct. it would be ..... 23rd september 1944. he pointed out that though a firm is not a juristic person for all purposes it is an assessable entity under the indian income-tax act.two persons may enter into a partnership to trade, say in rice in tanjore. the very same persons may enter into another partnership to trade in .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-01-1958
Reported in : (1958)60BOMLR1271
..... to know of the order, which is the 27th january 1956, and therefore his application is within time.(3) mr. joshi has drawn our attention to various sections in the income-tax act where the legislature has expressly provided that limitation should run from the date of the service of the order, and mr. joshi says that if the legislature in section 33a ..... possibly have appealeds.(4) turning to the authorities, the madras high court has taken the same view of this section in a recent judgment in muthiah chettiar v. commr. of income-tax : 19itr402(mad) . and the learned chief justice in his judgment points out at p.404 that the interpretation of the madras high court was based upon a salutary and ..... had an opportunity of knowing the order and therefore must be presumed to have had knowledge of the order.(5) the punjab high court in mahabir parshad v. commissioner os income-tax , has taken a different view, but with respect that view is orbiter because what was held by that court was that the particular order made could not be challenged as .....Tag this Judgment!
Court : Mumbai
Decided on : Sep-23-1958
Reported in : 35ITR271(Bom)
..... that purpose, and sub-clause (c) is in the following words : '(c) the aggregate of all such allowances made under this act or any act repealed hereby, or under the indian income-tax act, 1886, (ii of 1886) shall, in no case, exceed the original cost to the assessee of the buildings, machinery, plant ..... that right is that if the law of his own state permitted him to carry forward the losses, then that right is preserved under the indian income-tax act. 7. the other question presents much less difficulty. as already pointed out, under the rules of taxation which prevailed in indore, the assessee was ..... under clause 3 it falls under the ordinary law. well, the argument is not conclusive, but undoubtedly it helps us in the interpretation of the income-tax act that the government realised that considerable hardship would be caused to the assessee who had the right of carrying forward the losses in their own state ..... economical and financial caused by the existence of indian states have been done away with and we have one state to which the income-tax act applies without any difference or distinction, and what we have to decide in this case is how the two different situations have got to be ..... , the difficulty is caused by the fact that in 1948-49 we had the indian state of indore and certain provisions applied under the indian income-tax act to the profits earned in an indian state. when we come to 1950-51, which is the year of assessment, the complications both political, .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-03-1958
Reported in : 35ITR662(Bom)
..... shall point out, a little later in our judgment, no judge has ever attempted to give a comprehensive definition of that expression. the income-tax act does not define the expression. this is just as well since it seems difficult to have a definition which may aptly meet with every particular ..... on this reference is : 'whether on the facts and in the circumstances of the case the assessee company is entitled to relief from taxed under section 15c of the income-tax act ?' 3. it has been argued before us by mr. g. n. joshi, learned counsel for the revenue, that the tribunal ..... . desai, j.1. a short but interesting question of construction of section 15c of the income-tax act arises for our determination on this reference, which comes before us at the instance of the commissioner of income-tax, bombay, under section 66 (1). the facts may be briefly stated. a partnership firm consisting ..... are taking. 14. there is some difference of judicial opinion about the canon of construction applicable to a provision for exemption in a taxing statute. in commissioner of income-tax v. chhaganlal & co. my brother tendolkar and i, although we took different paths, were agreed that a provision relating to exemption ..... help the building up of new industries, it has been provided that industries started after 1st april, 1948, will get some special benefits. the income-tax officer would have been right in not allowing the exemption if the business taken over by the assessee had been commenced prior to 1st april, .....Tag this Judgment!
Court : Mumbai
Decided on : Oct-07-1958
Reported in : 36ITR84(Bom)
..... act of 1955. that sub-section as also explanation 2 to that sub-section were amended in 1955. here we are concerned with the ..... in the circumstances of the case, the sum of rs. 1 lakh received by the assessee from f.e. dinshaw ltd. is income of the assessee see and liable to be assessed under the income-tax act (2) whether on the facts and in the circumstances of the case, the assessee is entitled to the benefit of the f. ..... f. e. dinshaw ltd. was a capital receipt. the income-tax officer took the view that it was not compensation for the loss of employment but a payment made to an employee for past services. 5. it will be convenient here to refer to section 7(1) of the income-tax act as it stood before its amendment by the finance ..... come to an end if the jural relationship which created the legal status of master and servant between the parties was put an end to by a unilateral act of the employer it must result in a loss of employment from the point of view of the employee, and as we have already said when we ..... ' occur in explanation 2 to sub-section (1) of section 7. the material parts of the sub-section and the explanation are as under : 'salaries-(1) the tax shall be payable by an assessee under the head 'salaries' in respect of any salary or wages,..... in lieu of, or in addition to, any salary or wages, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-24-1958
Reported in : AIR1959SC719; 35ITR803(SC)
..... being managed by his brother a his agent; and this was on the basis of principal and agent or master and servant. in the assessment proceedings under the coorg agricultural income-tax act for the year 1951-52, p. w. davis appeared as the agent of the appellant. similarly, for the assessment year 1952-53, a claim for change of status was made ..... and his brother had agreed to become partners under a partnership deed (exhibit 12) and asked for the registration of the said firm under section 26 of the coorg agricultural income-tax act (1 of 1951). according to the appellant the partnership in question had been constituted for the purposes inter alia of the joint working of the said estate as also for ..... coffee, citrus and pepper and other businesses as specified in the document. the relevant provisions of the coorg act correspond to the provisions of the indian income-tax act; section 26 of the said act provides for the registration of firms for the purpose of the act. the agricultural income-tax officer, coorg, refused to register the firm on the ground that the document did not created the ..... 's brother was no more than his servant under the said document. this order was confirmed by the deputy commissioner of agricultural income-tax, coorg. the appellant then applied to the commissioner of agricultural income-tax, coorg, under section 54(2) of the act to draw up and refer his case to the mysore high court. the question thus referred to the high court was .....Tag this Judgment!