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Judgment Search Results Home > Cases Phrase: income tax act Year: 1959 Page 1 of about 456 results (0.192 seconds)

Jan 09 1959 (HC)

M.M.A.K. Mohideen Thambay and Co., Ellore Vs. Commissioner of Income-t ...

Court : Andhra Pradesh

Decided on : Jan-09-1959

Reported in : AIR1960AP292

..... length in the appeal relating to the assessment year, 1940-41, i.e., the one in which proceedings under section 34 of the income-tax act were started, since the considerations that applied to that appeal also governed the appeal arising out of the assessment proceedings for the year in question ..... satisfactorily the source and nature of certain amount of cash received during the accounting year, the income-tax officer is entitled to draw the inference that the receipts are of an assessable nature.'this indicates that the learned judge did not makeany ..... passage. we think that our opinion is also reinforced by the observations in the judgment of the supreme court in govindarajulu mudaliar v. commr. of income-tax : [1958]34itr807(sc) , which is to hie following effect:'there is ample authority for the position that where an assessee fails to prove ..... other appeal, did not give separate reasons in support of its conclusion that the explanation regarding the entries was rightly reject-ed by the income-tax officer and the appellate assistant commissioner5. another argument presented by the counsel for the assessee is that whatever might be the position with regard ..... than the brothers of some (the partners, totalling rs. 1,26,000/-3. in the course of assessment proceedings for 1942-43, the income-tax officer noticed both sets of entries and, since he suspected the genuineness of these credits, he called upon the assessee to prove that they were .....

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Jul 03 1959 (HC)

Commissioner of Income-tax, Bombay Vs. Purshottamdas Thakurdas

Court : Mumbai

Decided on : Jul-03-1959

Reported in : (1959)61BOMLR1521

..... him. the only question which we were called upon to decide is 'whether in the circumstances of the case the assessee is liable to pay s. 18a (6) of the income-tax act.' we answer the question in the affirmative. the assessee to pay the costs of the commissioner.s.t. desai, j.(10) i have arrived at the same conclusion but by ..... results of the previous year of account. this makes a departure from the scheme of the english income-tax act under which the subject of assessment is the income of the year of assessment though the amount is computed ..... liable to pay penal interest in respect of the dividend income.' at the instance of the commissioner of income-tax this reference has been made, and the question which falls to be determined is whether dividend income of an assessee who is a resident falls within section 18 of the income-tax act.(2) under the indian income-tax act, tax is assessed and paid in the succeeding year upon the ..... section 18(5), on which reliance was placed by mr. palkhivala, which supports the view that dividend income received by a shareholder is income in respect of which provision is made for deduction of income-tax at the time of payment. section 18(5) of the income-tax act provides inter alia that any sum by which dividend has been increased under sub-section (2) of section .....

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Jun 16 1959 (HC)

Hasmukhlal M. Parikh Vs. Commissioner of Income-tax, Bombay North

Court : Mumbai

Decided on : Jun-16-1959

Reported in : AIR1960Bom224; [1959]37ITR359(Bom)

..... may, 1946, was part of the sale price under the agreement dated 5th may, 1946. in this reference under section 66(2) of the income-tax act, the question which falls to be determined is whether on the facts and in the circumstances of the case the amount of rs. 96,000 odd ..... of rs. 96,796 made by the assessee in this transaction. but the commissioner of income-tax took action under section 33b of the income-tax act and brought the amount to tax. the matter was then taken to the income-tax appellate tribunal, and the tribunal was of the view that in acquiring the right of ..... expenses including their commission the balance was remitted to the association in egypt. the income-tax authorities treated the assessees as the agents of the non-resident association under section 43 of the indian income-tax act and assessed them to income-tax under section 4(1)(a) or, in the alternative, under section 4(1)( ..... c). it was held by their lordships of the supreme court that the income, profits and gains derived from the sale of salt ..... that contention, our attention was invited to a judgment of their lordships of the supreme court in turnover morrison & co. ltd. v. commissioner of income-tax. that was a case in which a non-resident association had effected sale on salt in indian through brokers. the sale proceeds of the salt were .....

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Mar 03 1959 (HC)

Commissioner of Income-tax, Bombay City I Vs. Purshottamdas Thakurdas

Court : Mumbai

Decided on : Mar-03-1959

Reported in : AIR1960Bom347; [1960]38ITR462(Bom)

..... we are called upon the decide is 'whether in the circumstances of the case the assessee is liable to pay penal interest in respect of his dividend income under section 18a(6) of the income-tax act'. we answer the question in the affirmative. the assessee to pay the costs of the commissioner. s.t. desai, j. 11. i have arrived at the same ..... english income tax act under which subject of assessment is the income of the year of assessment through the amount is computed by ..... reference has been made, and the question of which falls to be determined is whether dividend income of an assessee who is a resident falls within the section 18 of the income-tax act. 2. under the indian income-tax act, tax is assessed and paid in the succeeding year upon the results of the previous year of account. this makes a departure from the scheme of the ..... 18(5) on which reliance was placed by mr. palkhivala, which supports of the view that dividend income received by a shareholders is income in respect of which provision is made for deduction of income-tax at the time of payment. section 18(5) of the income-tax act provides inter alia that any sum by which dividend had been increased under sub-section (2) of section .....

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Mar 22 1959 (HC)

Commissioner of Income-tax (Central), Bombay Vs. Mulraj Karsondas

Court : Mumbai

Decided on : Mar-22-1959

Reported in : AIR1960Bom375; [1960]40ITR561(Bom)

..... was disallowed. thereafter, the employers, ceased doing business and the business was transferred to a limited company and by reason of section 25(4) of the income-tax act, the business having been charged to income-tax, though the tax was not paid, it was held that the employees were entitled to claim exemption on the commission received by them under the notification. it was held ..... based upon notification no. 878f dated march 21, 1922, as amended by notification no. 8 of march 24, 1928, issued by the central government under section 60 of the indian income-tax act, 1922 ?' 2. mr. joshi for the department contends that the view taken by this court in m. k. kirtikar's case has now been overruled by their lordships of the ..... no. 8 of march 24, 1928, issued by the central government in exercise of the powers under section 60 of the income-tax act. the income-tax tribunal was of the view, following the judgment of this court in commissioner of income-tax v. r. r. jacques and m. k. kirtikar v. commissioner of income-tax, that on the amounts which were disallowed in the assessment of the company ..... 24, 1928, in so far as it is material stands as follows : 'the following classes of income shall be exempt from the tax payable under the said act, but shall be taken into account in determining the total income of an assessee for the purpose of the said act : (1) sums received by an assessee on account of salary, bonus, commission or other remuneration for .....

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Jan 09 1959 (HC)

Ramnivas Hanumanbux Somani Vs. S. Venkataraman, Income-tax Officer, C- ...

Court : Mumbai

Decided on : Jan-09-1959

Reported in : [1959]37ITR329(Bom)

..... three out of the four partners including the petitioner. 4. the petitioner has filed this present petition to have the notices under section 34 and section 22(4) of the income-tax act set aside. 5. mr. palkhivala for the petitioner has raised two questions : (i) that the notice under section 34 addressed in the name of m/s. motilal somani & co. is ..... there was justification for such a substituted service, that service had not been effected in accordance with the provisions of section 63 of the income-tax act. section 63 provides that a notice or a requisition under the act may be served on the person therein name either by post or as if it were a summons issued by a court under the code ..... were partners of an unregistered firm, which did business from 1st april, 1940, up to 31st march, 1944. the income-tax officer being of opinion that the firm's income for the assessment year 1943-44 had escaped assessment issued a notice to a under section 34 of the indian income-tax act wherein a was described as 'a, partner of dyes and chemical agency', the ..... income which had been discovered to have escaped assessment was described as 'your income' and he was required to submit a return of 'your total income and total world income' assessable for the year ending 31st march, 1944. a similar .....

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Apr 03 1959 (HC)

Raja Rameswar Rao Vs. Commissioner of Income-tax Hyderabad

Court : Andhra Pradesh

Decided on : Apr-03-1959

Reported in : AIR1960AP42; [1960]40ITR576(AP)

..... government agreed to pay him for his service a lump sum fee of rs. 3,000/-. when the income tax department sought to tax him on this income, there was a claim that it was exempt from assessment under section 4(3) (vii) of the indian income-tax act and the matter came up on reference before the high court.dealing with this contention the learned judges ..... depend on the facts of the particular case and the various decisions can only indicate what matters have to be taken into consideration in reaching a decision.under the income-tax act anything which can properly be described as income is taxable unless expressly exempted. this was the observation of the privy council in the case of gopal saran narain singh v. commissioner of ..... . whether the interim maintenance allowances received by the assessee under the hyderabad (abolition of jagirs) regulation, 1358 fasli are income and, therefore, liable to tax?2. whether the receipt of maintenance allowances is exempt under section 4 (3) (vii) of the indian income-tax act?'the argument of the learned counsel appearing for the petitioner is that these amounts must be treated as capital receipts ..... the dictum in the aforesaid english case and the privy council case, it should be treated as capital receipt and not as income.8. yet aonther argument was advanced that the case came under section 4(3)(vii) of the indian income tax act and it was urged that it was a casual and non-recurring receipt and, therefore, it was not liable to .....

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Apr 14 1959 (SC)

Maharajadhiraja Sir Kameshwar Singh Vs. Commissioner of Income-tax, Bi ...

Court : Supreme Court of India

Decided on : Apr-14-1959

Reported in : [1959]36ITR246(SC)

..... the appellant approached the high court, the high court should, in the exercise of its jurisdiction under section 66(2) of the income-tax act, have asked the income-tax appellate tribunal to state a case and refer the said question to it for its decision. the question as it has been framed ..... reframed to the high court for doing the needful in the matter in the exercise of its jurisdiction under section 66(2) of the indian income-tax act. the costs of the appellant will be costs in the reference before the high court. the respondent will bear his own costs of this appeal ..... and an application was made by him under section 66(1) of the indian income- tax asking that the aforesaid question be referred to the high court for its opinion. the tribunal refused to refer that question and the appellant ..... during the relevant assessment year, and assessed the same accordingly. 4. appeals filed by the appellant before the appellate assistant commissioner and the income-tax appellate tribunal failed with the result that the appellant applied to the tribunal to state a case inter alia in connection with this particular question ..... business which he carried on of publishing tow news-papers, namely 'the indian national' and 'aryavart' and which business had some assets. the income-tax authorities had from time to time allowed to the appellant depreciation on the said assets for several years. in the accounting year 1356 fasli corresponding .....

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Mar 05 1959 (SC)

Omar Salay Mohamed Sait Vs. Commissioner of Income-tax, Madras

Court : Supreme Court of India

Decided on : Mar-05-1959

Reported in : AIR1959SC1238; [1959]37ITR151(SC)

..... or party upon evidence and partly upon inadmissible material.27. it was similarly observed by us in dhakeswari cotton mills ltd. v. commissioner of income-tax, that the powers given to the income-tax officer under section 23(3) of the income-tax act, however wide, did not entitle him to base the assessment on pure guess without reference to any evidence or material. an assessment under ..... said to arise out the of tribunal's order.'24. the appellant thereupon filed a petition being c. m. p. no. 10650 of 1953 under section 66(2) of the income-tax act, in the high court of judicature at madras on september 21, 1953, and the high court also by its order dated august 9, 1954, dismissed the petition observing that the ..... ,240 as mentioned above.23. being aggrieved by the above order of the tribunal the appellant applied for a reference to the high court under section 66(1) of the income-tax act, on october 15, 1952. this application being reference application no. 751 of 1952-53, was rejected by the tribunal by its order, dated august 8, 1953, on the ground that ..... rs. 1,040 being the interest credited to her account, as profit earned by appellant in his business. he also issued a notice under section 28(1) (c) of the income-tax act (two days before the assessment order was signed by him as aforesaid) and called upon the appellant to show cause in writing or in person at his office at madurai .....

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Apr 22 1959 (SC)

Commissioner of Income-tax, Bombay North, Kutch and Saurashtra Vs. Pat ...

Court : Supreme Court of India

Decided on : Apr-22-1959

Reported in : AIR1960SC278; [1959]37ITR412(SC)

..... firm the tribunal stated the case and raised and referred the following questions of law to the high court under section 108(1) of the saurashtra income-tax ordinance, and under section 66(1) of the indian income-tax act for its decision namely : '(1) whether on the true interpretation of the deed of partnership dated february 6, 1948, the partners were : (i) ..... and order of the high court saurashtra, dated the 18th october, 1955, concerns the registration of two, partnership firms under the provisions of the saurashtra income- tax ordinance, 1949, corresponding to section 26a of the indian income-tax act. both the firms were named patel & co. 2. the firm with which we are concerned for the assessment year 1949-50 was the larger ..... saurashtra by its order dated the 5th july, 1956, gave the requisite certificate under section 66a(2) of the indian income-tax act. by the time this certificate came to be granted our decision in dulichand lakhminarayan v. commissioner of income-tax had been pronounced and the high court, therefore, realised that its decision against which the application for certificate for leave had ..... jamnadas bhanji patel, a partner of sheth & co., and nanji kalidas mehta, a trustee of maharshi dayanand maha vidyalaya. in the application for registration which was made to the income-tax officer for registration of this firm the same position obtained and the application was signed by these respective parties in the manner above described. this firm was registered by the .....

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