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Judgment Search Results Home > Cases Phrase: income tax act Year: 1958 Page 5 of about 475 results (0.259 seconds)

Oct 14 1958 (SC)

The Commissioner of Income-tax, Bihar and Orissa Vs. Sri Ramakrishna D ...

Court : Supreme Court of India

Decided on : Oct-14-1958

Reported in : AIR1959SC239; [1959]35ITR312(SC); 1959Supp(1)SCC176; [1959]Supp1SCR176

..... of the respondent, the tribunal referred the following question for the decision of the high court : 'whether on the facts and in the circumstances the income derived from forest in this case is taxable under the indian income-tax act.' 5. the reference was heard by panigrahi, c.j., and misra, j., who answered it in the negative. they observed : 'it appears to us ..... the benefit of an exemption has to establish it, applies when the exemption claimed is under the provisions of the income-tax act. vide the observations of the lord president and of lord adam in maughan v. free church of scotland ((1893) 3 tax cas. 207, 210), and the observations of lord hanworth, m.r., in keren kayemeth le jisroel ltd. v. the commissioners ..... no reason why it should be otherwise when the exemption claimed is under the income-tax act. the learned judges were of the opinion that their conclusion followed on the principle of the law of income-tax that 'where an exemption is conferred by a statute, the state must not get the tax either directly or indirectly', and support for this view was sought in the ..... orissa in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act, and the point for decision is whether income received by the respondent by the sale of trees groing in his forests is agricultural income exempt from taxation under section 4(3)(viii) of the act. 2. the respondent is the proprietor of the impartible zamin of .....

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Oct 15 1958 (SC)

Y. Narayana Chetty and anr. Vs. the Income-tax Officer, Nellore and or ...

Court : Supreme Court of India

Decided on : Oct-15-1958

Reported in : [1959]35ITR388(SC); 1959Supp(1)SCC189

..... [1956] s.c.r. 577, where this court has held that rules (2) and (6) of the rules framed under section 59 of the indian income-tax act are not ultra vires the rule-making authority. 13. the last argument which mr. sastri sought to raise before us was that the revised assessment is completely ..... , nellore circle, nellore, respondent 1, in respect of the proceedings taken by him against three firms under section 34 of the indian income-tax act (hereinafter called the act). the firm m/s. bellapu audeyya and chilla pitchayya was formed on april 20, 1936, and it was dissolved on march 31 ..... is impossible to accede to the argument that the provisions of this rule are inconsistent with the provisions of section 23(4) of the act. if the income-tax officer is empowered under section 26a read with the relevant rules to grant or refuse the request of the firm for registration, it would ..... registration of a firm can be cancelled. the procedure for registration of firms is laid down in section 26a of the act. an application has to be made to the income-tax officer on behalf of any firm constituted under the instrument of partnership specifying the individual shares of the partners for registration for ..... the cancellation of the registration of the three firms on the ground that rule 6b under which the income-tax officer purported to act is ultra vires. rule 6b provides that in the event of the income-tax officer being satisfied that the certificate granted under rule 4 or under rule 6a has been obtained .....

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Nov 05 1958 (SC)

Commissioner of Income-tax, Delhi Vs. S. Teja Singh

Court : Supreme Court of India

Decided on : Nov-05-1958

Reported in : AIR1959SC352; [1959]35ITR408(SC); [1959]Supp1SCR394

..... .1. this is an appeal against the judgment of the high court of punjab in a reference under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as the act. 2. the facts are that the respondent had not been assessed to income-tax prior to the assessment year 1948-49. on july 4, 1949, he made suo motu returns showing an ..... , the tribunal referred the following question for the opinion of the high court : 'whether on a true construction of section 18a(9)(b) read with section 28 of the indian income-tax act, 1922, a penalty may be imposed for a total failure to comply with the provisions of section 18a(3) of the said ..... appellate tribunal, which disagreed with the view of the appellate assistant commissioner that the respondent was no longer a new assessee within section 18a(3) of the act, but held that the order of the income-tax officer imposing a penalty under section 28 was ultra vires, because that section would, in terms, apply only when a person failed to furnish the return ..... be, shall apply accordingly :'. 4. then, there is a proviso which imposes a limit on the amount of penalty, which can be levied. section 28 of the act runs as follows : (1) 'if the income-tax officer, .... in the course of any proceedings under this act, is satisfied that any person - (a) has without reasonable cause failed to furnish the return of his total .....

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Nov 13 1958 (SC)

Lakshmichand Baijnath Vs. the Commissioner of Income-tax, West Bengal

Court : Supreme Court of India

Decided on : Nov-13-1958

Reported in : AIR1959SC341; [1959]35ITR416(SC); [1950]Supp(1)SCR415

..... the taxing authorities could legally hold that the amount of rs. 2,30,346 (rupees two lakhs thirty thousand three hundred and forty-six) represented undisclosed ..... 24, 1945. on may 27, 1945, the income-tax officer enquired into both these matters, the factum of partition and the quantum of income chargeable to tax, and pronounced orders thereon on june 30, 1945. on the petition under ..... the following questions for its opinion : (1) 'whether the income-tax appellate tribunal was bound by the findings of fact of the income-tax officer relating to the nature and division of the assets of the joint family in question which he arrived at in his enquiry under section 25a(1) of the indian income-tax act (2) whether there was any material or evidence upon which ..... the city of calcutta. the present proceedings relate to the assessment of its income for the year 1946-47, the previous year thereto being june 12, 1944, to april 24, 1945. in the course of the assessment, the appellant filed a petition under section 25-a of the income-tax act, 1922, claiming that there had been a partition in the family on april .....

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Nov 24 1958 (SC)

G. Venkataswami Naidu and Co. Vs. the Commissioner of Income-tax

Court : Supreme Court of India

Decided on : Nov-24-1958

Reported in : AIR1959SC359; [1959]35ITR594(SC); [1959]Supp1SCR646

..... greater price for it than he originally acquired it at, the enhanced price is not profit in the sense of schedule d of the income tax act'; and he added that 'it is equally well established that the enhanced value obtained from realisation or conversion of security may be so ..... clear that such picturesque similes cannot be used to limit the true character of income in general'. we are inclined to think that, in dealing with the very prosaic and sometimes complex questions arising under the income-tax act, use of metaphors, however poetic and picturesque, may not help to clarify the ..... profits and gains and those words against are ruled by the first section of the act which says that when an act indicates that income-tax shall be charged for any year at any rate the tax at that rate shall be charged in respect of the profits and gains according to ..... to pounds 3,000 and the balance remaining, after deduction of certain expenses, was divided between the members. the appellant was assessed to income-tax, schedule d, in respect of his share. the general commissioners held that the appellant acquired the property or interest in the property in ..... position but may instead introduce an unnecessary element of confusion or doubt. 16. as we have already observed it is impossible to evolve any formula which can be applied in determining the character of isolated transactions which come before the courts in tax .....

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Sep 24 1958 (SC)

A. Govindarajulu Mudaliar Vs. Commissioner of Income-tax, Hyderabad

Court : Supreme Court of India

Decided on : Sep-24-1958

Reported in : AIR1959SC248; [1958]34ITR807(SC)

..... appeal against the judgment of the high court. all the points urged before us were taken in the reference under section 66(2) of the indian income-tax act. it would therefore follow that these grounds are not open to the appellant. however, no such objection was taken on behalf of the respondent and ..... we must mention that against the order of the tribunal the appellant applied for reference to the high court under section 66(2) of the indian income-tax act, and the learned judges of the high court dismissed that application. no appeal has been preferred against that a all. the present appeal is against the ..... the account books of the firm it was only the name of thayappa that appeared, that the firm was registered under section 26a of the indian income-tax act, and that in the application it was only the name of thayappa that appeared as a partner. the tribunal also points out that during this period ..... that an appeal under article 136 of the constitution of india to this court again a decision of the appellate tribunal under the indian income-tax act. but seeing that in this case the appellant had moved the high court an a decision has been pronounced adverse to him and this ..... to be the real owner. when both these explanations were rejected, as they have been it was clearly upon to the income-tax officer to hold that the income must be concealed income. there is ample authority for the position that where an assessee fails to prove satisfactorily the source and nature of certain amount .....

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Oct 03 1958 (SC)

indermani Jatia Vs. Commissioner of Income-tax, Uttar Pradesh

Court : Supreme Court of India

Decided on : Oct-03-1958

Reported in : AIR1959SC82; [1959]35ITR298(SC); [1959]Supp1SCR45

..... receive the same income twice in two different places but this principle has no application to ..... baluchistan (which province was exempt from the operation of the act except as to salaries) and had subsequently brought it into punjab, it was not liable to income-tax for the reason that the said income had not been received in the punjab within the meaning of section 3, sub-section (1), of the income-tax act. in other words, this decision shows that the assessee cannot ..... the present case. 12. the decision of the full bench of the madras high court in commissioner of income-tax v. a. t. k. p. l. s. p ..... arising had to be put into a consolidated account of the corporation for all the purposes of the act. it was held that the excess of receipts over expenditure in respect of the extra municipal supply constitutes profits chargeable to income-tax. distinction was made between the extra municipal supply of water and supply within the limits of the municipality; and it was .....

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May 15 1958 (SC)

P.C. Ray and Co. (India) Private Ltd. Vs. A.C. Mukherjee, Income-tax O ...

Court : Supreme Court of India

Decided on : May-15-1958

Reported in : [1959]36ITR365(SC)

..... court, while dealing with a reference of the same points, which might conceivably come up before this court in the chain of remedies under the income-tax act, took a different view. in my opinion, quite apart from the fact that the appellant was disingenuous with the trial court, the pendency of ..... that the advances made to the ship's master were part-payments of the hire, they were yet not chargeable under the provisions of the indian income-tax act and, therefore, not within the ambit of section 18(3b). i am of opinion that this contention also cannot succeed. 28. even on the ..... payments of the hire. assuming the amounts were not loans, but part payments of the hire, they were still not chargeable to tax under the provisions of the indian income-tax act, because the part payments had not been received by the owners bin india. they were also not chargeable within the meaning of ..... that the amount of the disbursements constituted payment in india to a non-resident of a chargeable sum, to which section 18(3b) of the income-tax act applied. accordingly, on march 17,1956, he addressed a letter to the appellate company in the following terms : 'kindly refer to your letter ..... judge as well, repeated his contention that the amounts of the disbursements were mere loans and since the income-tax act did not charge borrowings, they were not chargeable under the provision of the act. he disclaimed altogether the second contention attributed to him by the learned judge and submitted that the point .....

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Apr 28 1958 (SC)

Commissioner of Income-tax, Bombay Vs. Amritlal Bhogilal and Co.

Court : Supreme Court of India

Decided on : Apr-28-1958

Reported in : AIR1958SC868; [1958]34ITR130(SC); (1958)IIMLJ174(SC); [1959]1SCR713

..... the following three question and referred them to the high court of bombay : '1. whether on the facts and circumstances of the case the commissioner of income-tax acting under section 33b(1) can set aside the orders passed by the appellate assistant commissioner, for the assessment years 1947-48 and 1948-49 2. whether ..... dated june 21-6-52 area bad in law, as fresh notices as required by sections 22 and 23 of the income-tax act were not given by the income-tax officer to the assessee ?' 6. this matter was heard by the high court on march 5, 1953. in regard to the ..... raises a short question of law under section 33b of the income-tax act. the respondent assessee had been registered as a firm under section 26a of the act for the year 1946-47. for the assessment years 1947-48, 1948-49, and 1949-50, the income-tax officer made the assessment on the respondent on june 7, ..... the firm in that behalf specifying the particular prescribed by the said section and by the material rules framed under the act. if registration is granted by the income-tax officer it enables the income-tax officer to adopt the procedure prescribed by section 23(5)(a) for making assessment ordered in respect of the registered firm ..... and related to the assessment years 1947-48 and 1948-49; while the remaining three challenged the orders passed by the commissioner of income-tax under section 33b(1) of the act and related to the assessment years 1947-48, 1948-49 and 1949-50. in these three appeals, with which we are concerned, .....

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Apr 28 1958 (SC)

The Income-tax Officer, Bangalore Vs. K.N. Guruswamy

Court : Supreme Court of India

Decided on : Apr-28-1958

Reported in : AIR1958SC808; [1958]34ITR601(SC); [1959]1SCR785

..... , and to make a re-assessment order pursuant to such notice the high court pointed out that though the notice did not clearly say so, the income-tax officer clearly acted under section 34 of the indian income-tax act, 1922, as it was in force in the retroceded area prior to july 1, 1948, and the writ applications were decided on the footing. 12 ..... the relevant portion whereof was in these terms - 'section 5. notwithstanding anything to the contrary in the mysore income-tax act, 1923, or the mysore excess profits tax act, 1946, - (a) ...........................................................(b) in respect of the total income or profits chargeable to income-tax or excess profits tax in the retroceded area prior to the first day of july, 1948, but which has not been assessed until that ..... a part of the process of assessment should be saved and the other part repealed. 16. we, therefore, hold that the saving provision save section 34 of the indian income-tax act, 1922, in its entirety, as it was in force in the retroceded area prior to july 1, 1948, and the contention of the respondent that it stood repealed from ..... various enactments made applicable thereto from time to time by the promulgation of notifications made under the aforesaid order in council, and one of the such enactments was the indian income-tax act, 1922. 4. the year 1947 ushered in great political and constitutional changes in india, which affected not merely what was thane called british india but also the indian states .....

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