Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Year: 1958 Page 6 of about 475 results (0.153 seconds)

Aug 26 1958 (HC)

Joti Prasad Agarwal and ors. Vs. Income Tax Officer (B) Ward Mathura

Court : Allahabad

Decided on : Aug-26-1958

Reported in : AIR1959All456; [1959]37ITR107(All)

..... . the income-tax act has entrusted to the income-tax officer the decision of the facts and the law to decide whether the provisions of section 34 are applicable; 2. the exigencies of the state require that there should ..... nayar, . the punjab high court, in that case, was dealing with the question whether a writ of certiorari could issue in respect of proceedings taken by an income-tax officer under section 34 of the income-tax act and, when summarising its conclusions at about the end of the judgment, one of the learned judges of that court held that the principles applicable were '1 ..... on account of which we think that this petition must succeed. the third point raised by learned counsel is that, under section 3 of the income-tax act, income-tax is charged for a particular year in respect of the total income of the previous year of every individual, hindu undivided family, company and local authority, and of every firm and other association of persons or ..... appeal to us. the first ground was that, in fact, there was no association of persons within the meaning of that expression as used in section 3 of the indian income-tax act because the association was not a voluntary association formed by the petitioners and other members but was an association in which they all joined under compulsion.this argument could not .....

Tag this Judgment!

Apr 01 1958 (HC)

The Guru Estate Through Dwarikanath Guru and ors. Vs. Commissioner of ...

Court : Orissa

Decided on : Apr-01-1958

Reported in : AIR1959Ori53; [1958]34ITR656(Orissa)

..... special request of the parties and are dealt with in one judgment. they all arise out of the statements or two cases under section 66(2) of the indian income tax act made by the income-tax appellate tribunal, in pursuance of the directions given in two bench decisions of this court in s. j. cs nos. 42, 43, 44 and 45 of 1954 and ..... , it did not make the said annadan patra anything but a private trust with the consequence that the assessee was not entitled to the benefit of the exemptions under the income tax act.16. in this view of the matter, i agree with the order proposed to be made in the main judgment of my lord the chief justice. ..... presents to the panda personally. this last item alone (called pranami), the assessee contends, is assessable as income, the rest of it being exempt either under section 4(3)(i) or section 4(3)(ii) of the income-tax act (hereinafter referred to as the said act). the income-tax department, however did not accept these contentions.13. this leads me to the consideration of the question ..... that the trust created by the 'annadan patra' is a purely private religious trust and the petitioner's income derived from this source is not exempt from income-tax under either clause (i) or clause (ii) of sub-section (3) of section 4 of the income-tax act. the answer to the question posed by the tribunal is in the affirmative.the petitions are dismissed with .....

Tag this Judgment!

Dec 19 1958 (HC)

Sailendra Narayan Bhanja Deo Vs. Commissioner of Income-tax

Court : Orissa

Decided on : Dec-19-1958

Reported in : AIR1959Ori185; [1959]36ITR94(Orissa)

..... same account book --the department held that the assessee had no record to show that it was paid out of the non-agricultural income taxable under the indian income-tax act. the non-agricultural income is admittedly about rs. 91,000/-. the assessed claimed a rebate on rs. 10,000/- only.6. on the above facts ..... 53 the petitioner assessee contributed rs. 10,000/- as a donation to the bhadrak college, an institution approved under section 15-b of the indian income-tax act, in the cash book referred to above, the said sum of rs. 10,000/- was simply debited without stating whether it came out of the ..... there was no such proof and it may very well be said that the entire amount was paid even out of the agricultural income, which was not subject to the indian income-tax act. we, therefore, find no reason to interfere in this matter'.4. in their appellate order rejecting this contention, the appellate ..... that the petitioner-assessee can claim a rebate on the entire sum of rs. 10,000/- under section 15-b of the indian income tax act. i would therefore answer the question referred to this court that in the circumstances of this case the assessee was entitled to a rebate ..... in the case of central provinces and berar provincial co-operative bank ltd. v. commissioner of income-tax, c. p. and u. p , the nagpur high court held:'in computing the income under section 8 of the income-tax act, the department was not justified in splitting up and apportioning the interest on the borrowed capital .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!

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 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //