Court : Kolkata
Decided on : Feb-27-1963
Reported in : AIR1964Cal254,68CWN281,54ITR54(Cal)
..... (at p. 32 of air) where the learned judge observed that--'it will be seen that this was not an application contemplated by any of the provisions of the indian income-tax act; and it is for this reason that we have termed it a miscellaneous petition.'in fact, there the original assessment had become final and no appeal had been preferred against ..... fact in arunachalam chettiar's case, : 23itr180(sc) namely that there the whole procedure originated with a miscellaneous application and anded with a miscellaneous order, unknown to the income-tax act.28. mr. meyer, learned counsel for the revenue authorities, looking at the array of authorities against his contention made an attempt to reclassify the tribunal's order to revise in ..... whole process of assessment which may end with his order or may be revised by the higher appellate authorities including the appellate assistant commissioner and the tribunal recognised by the income-tax act. if, therefore, such higher appellate authorities such as the appellate assistant commissioner or the tribunal directs or orders him to do something again with regard to the assessment he ..... ratio decidendi in arunachalam chettiar's case : 23itr180(sc) . that case is clearly distinguishable. in that case there was no appeal under section 33 (1) of the income-tax act. in the present reference there is. that is a fundamental distinction. secondly, in that case there was a 'miscellaneous application' made by the assessee which is not provided for in .....Tag this Judgment!
Court : Kolkata
Decided on : Dec-23-1963
Reported in : AIR1964Cal391,1964CriLJ285,68CWN516
..... more of the departments of government and for the matter of that to any party. mr. dutt points out that unlike sea customs act, 1878 or foreign exchange regulation act, or even previous income-tax act, the income-tax act, 1961 contains provisions by which. income-tax authorities may themselves conduct searches and effect seizures without invoking the aid of the magistrate's court for issue of search warrant. he ..... to decide, in the circumstances of each case, whether he would make over the documents to any authority. one particular circumstance in the present case is that in the income-tax act, 1961 the income tax authorities have now been given extensive powers to get hold of the documents from the parties directly by exercise of the powers given by sections 131 and 132 of ..... .'9. in reply to this contention of dr. debi pal the learned advocate for the petitioner, mr. dutt, has contended that the powers given to the income tax department under section 131 of the income-tax act, 1981 do not include the power of sending for papers from a court given by order 13 rule 10 of the code of civil procedure. mr. dutt ..... court of the chief presidency magistrate that he will treat the documents as confidential and shall not disclose any particulars in these documents as is provided in section of the income-tax act, 1981. the order of the learned chief presidency magistrate therefore requires modification and for that purpose i set aside the order impugned in this rule. the learned chief presidency .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1963
Reported in : AIR1964Cal399,68CWN84,53ITR717(Cal)
..... in 74 ind app 308 also in (1948) 18 i t r 214 also in . the present section 33a of the income, tax act corresponds to section 33 of the income-tax act as it stood before its amendment in 1941. it may be incidentally mentioned that prior to 1941 no right was given to an ..... direct him to exercise it differently,14. the privy council deals with the nature of the order passed by the commissioner under section 33 of the income-tax act as it then stood while answering the third question, viz., whether the assessee could be denied relief claimed by them under section 33 and observes ..... assessment for the year 1931-12 was nullity in view of the decision of their lordships of the privy council. 2. whether the commissioner of income-tax acted improperly in refusing to exercise the discretion vested in him to cancel the said assessment and to order the repayments of the sums received from ..... privy council expressed their doubt in the tribune trust case as to whether the commissioner in exercising his power under the old section 33 of the income-tax act was competent to set aside an assessment that became final and conclusive.11. now, we may apply our minds to the preliminary objection taken on ..... of the said petition the appellant explained why it was not possible for the appellant either to make an application under section 27 of the indian income-tax act or to prefer an appeal to the appellate assistant commissioner. in paragraph 8 of the said petition it is stated that the appellant is submitting .....Tag this Judgment!
Court : Kolkata
Decided on : Apr-05-1963
Reported in : AIR1965Cal570
..... correctly taken recourse to the machinery of section 41. before the tribunalthe assessees appealed and contended (1) that the deities were not chargeable to tax under section 3 of the income-tax act, (2) that section 41 of the income-tax act did not apply to the facts of the present case because the shebaits were not managers in this case appointed by or under any order ..... enure for the benefit of the public.' 25. a reference to the above provision makes it clear at once that it is not the intention of the income-tax act to give a general tax exemption to income accruing from religions or charitable purpose and that there is at least an explicit attempt to draw a distinction between a 'private religious purpose' and objects ..... that such a disposition is always to be regarded as one for public religious purpose and, therefore, exempt under section 4(3)(i) of the income-tax act; the third question is whether section 41 of the income-tax act can at all be applied to shebaits of a hindu deity.10. as the question asked in this reference specifically raises the applicability of section 41 ..... and discrimination between different religions which would be clearly unconstitutional within the guarantees of the fundamental rights of the constitution. such an interpretation which will make section 41 of the income-tax act un-constitutional should, therefore, be avoided.22. dr. pal made a clever argument on this point by saying that because mutwalis were expressly included the shebaits must be held .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-05-1963
Reported in : AIR1963Cal629
..... on business are separate taxable persons, and the profits and gains of then several businesses are separate profits and gains for the purposes of the income-tax acts. this is none-the-less true if one of the companies should be the parent company, and the other or others may be its subsidiaries ..... dr. debiprasad pal, appearing for the assessee, has tried to attract us with decisions which are not under section 10(2)(vii) of the income-tax act and not as between two limited companies existing side by side but which deal with the general theory of lifting the veil and transactions from self to ..... is followed by sub-section (2) dealing with computation of such profits and gains after making allowances mentioned there. section 10(2)(vii) of the income-tax act represents one such allowance namely in respect, inter alia, of a sale of building, the amount by which its written down value exceeds the amount ..... before the tribunal there was no dispute or controversy that the property in fact was sold within the meaning of section 10(2)(vii) of the income-tax act. the controversy arose over the question of the nature and character of that sale. on behalf of the assessee, the associated clothiers ltd., the ..... and forty seven could not be deemed to be profits of the assessee company under second proviso to section 10(2) (vii) of the indian income-tax act?'2. the assessee is associated clothiers ltd. of 21, old court house street, calcutta and is a private limited company. it was formerly carrying .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-23-1963
Reported in : 35CompCas143(Cal),55ITR284(Cal)
..... realise it, and obtains a 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, 1842, assessable to income tax. but it is equally well established that enhanced values obtained from realisation or conversion of securities may be so assessable, where what is done is not merely a ..... their lordships of the supreme court, in makarajadhiraj sir kameshwar singh v. state of bihar, : 37itr388(sc) , dealt with the scope of section 34 of the income-tax act which is similar to the appropriate provision in the agricultural income-tax act of bihar and have approved of the previous decision of the. supreme court on this point. in bhimraj panna lal v. commissioner of ..... assessment for 1946-47, under section 34 by proceeding under that section as amended in 1948 (2) whether section 31 of the indian income-tax (amendment) act (xxv of 1953) has the effect of making section 34 of the indian income-tax act, 1922, as amended in 1948, retrospective (3) whether the supplementary assessment in this case is barred by limitation (4) whether, in the ..... true disclosure of all the material facts necessary for his assessment within the meaning of section 34(1) of the indian income-tax act, 1922, as amended in 1948 (5) whether, in the circumstances of this case, the information furnished to the income-tax officer by the letter dated 26th october, 1949 (annexure marked ' b '), can be held to be information such as would .....Tag this Judgment!
Court : Karnataka
Decided on : Aug-08-1963
Reported in : 52ITR749(KAR); 52ITR749(Karn)
..... joint family and by on partner each of the three firms. that deed of partnership was sought to be registered under section 26a of the income-tax act. the application made in that connection was signed by the same individuals who had signed the partnership deed. the supreme court held that the ..... draw up an agreed statement of the case and refer it to the high court of mysore at bangalore under section 66(1) of the indian income-tax act. 2. the assessee carries on business under the name and style of 'umamaheswar cotton ginning and pressing factory' at raichur. for the assessment year ..... for the assessment year 1959-60 under the provisions of section 26a of the income-tax act of 1922?' [after setting out the statement of the case as above hegde j. continue :] 9. registration under section 26a of the indian income-tax act, 1922, has been refused on the ground tha : (i) the partnership ..... markandarao, who divide the profit and/or loss amongst themselves equally ... ... 0-12-0 2. janardhana rao shroff ... ... 0-4-0' 3. the income-tax officer found that the partnership was between two parties consisting of a firm and an individual; that no individual capital accounts were kept by the partners; that the ..... on business in some collective name'.' 14. in r. c. mitter & sons v. commissioner of income-tax the supreme court has analysed the requirements of a valid application for registration under section 26a of the act. these requirements are set out at page 198. they ar : '1. that the firm should .....Tag this Judgment!
Court : Karnataka
Decided on : Mar-01-1963
Reported in : 52ITR478(KAR); 52ITR478(Karn)
..... bearing, the annual expenses incurred for the upkeep and maintenance of such rubber plants are a permissible deduction within the meaning of section 5(j) of the travancore cochin agricultural income-tax act, 1950' in the affirmative. it laid down that the amount expended on the superintendence, weeding, etc., of the whole estate should have been allowed against the profits earned and ..... contentions were advanced by sri k. shivashankar bhat, the learned counsel for the petitioner, at the hearing of this writ petition. they ar : (i) rule 33 of the mysore agricultural income-tax act, 1957 (to be referred to hereinafter as the 'act'), is ultra vires the powers of the rule making authority; and (ii) the assessing authorities could not have levied any ..... 9. as mentioned earlier, there is no controversy, nor there is any room for controversy as regards the scope of section 5(k). section 5 of the travancore cochin agricultural income-tax act, 1958, is more or less similar to section 5(k) of the 'act'. dealing with that provision, the supreme court in travancore rubber and tea company ltd. v. commissioner of agricultural ..... timber. 2. in order to pronounce on the correctness of these contentions, it is necessary to refer to the relevant provisions of the 'act'. section 3 is the charging section. it provides for levy of agricultural income-tax on agricultural income for each financial year commencing from april 1, 1957. section 5 provides for certain deductions. section 5(k) reads thu : '5. the .....Tag this Judgment!
Court : Karnataka
Decided on : Jul-16-1963
Reported in : AIR1964Kant235; AIR1964Mys235; 52ITR625(KAR); 52ITR625(Karn)
..... held, (i) that a diesel engine was by itself 'machinery' within the meaning of section 10 (2) (vi) and (vi-a) of the income-tax act and continued to be machinery even after it was made an integral part of the assessee's bus and the assessee was therefore entitled to all the three ..... by new diesel engines. he claimed in relation to the yew diesel engines; (i) normal depreciation under the first paragraph of 10(2)(vi) of the income-tax act, (ii) initial depreciation under the second paragraph of section 10 (2) (vi) and (iii) special depreciation under section 10(2)(vi)(a). the department ..... reference to each of the provisions, namely, the first and second paragraphs of section 10(2)(vi) and section 10(2)(vi)(a) of the income-tax act; what is machinery for the purpose of normal depreciation under the first paragraph of section 10(2)(vi) should continue to be machinery also for ..... held that:'in order to sustain a claim for the allowances of initial depreciation under the second paragraph of section 10 (2) (vi) of the indian income-tax act, and additional depreciation under section 10(2)(vi)(a) machinery must be regarded as a unit; spare parts, however costly they may be, should not be ..... wider connotation than the expression 'machinery'; these two expressions are used in the alternative in section 10 (2) (vi) and (vi-a) of the income-tax act so that 'machinery' if it is new, though it does not constitute 'plant', is entitled to initial and extra depreciations. the term 'machinery' has net .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-17-1963
Reported in : AIR1965AP196; 55ITR159(AP)
..... to the partnership for a consideration of rs. 2,52,000/-. this led the proper income-tax officer to act under sec. 35 (11) of the income tax act to recompute the total income of the company, i.e. , the petitioner before us, by way of rectification of mistake apparent from the ..... ) is in any way helpful to the petitioner. in that case, the second proviso to sub-sec. (3) of the sec. 34 of the indian income-tax act was assailed infringing art. 14 of the constitution. the challenge to that proviso was accepted by the supreme court. the ratio decidendi is contained in the following ..... purpose of construction of the proviso. it follows that the argument of the learned counsel based on section 10 (2) (vi) (b) of the income-tax act lacks substance and has to be negatived. (18) we next pass on the contention founded on art. 14 of the constitution. the argument presented by ..... proposition that there could be no sale of property to one-self and that, consequently, such a sale falls outside the contemplation of the indian income-tax act. we are not persuaded that these rulings are authority for the position contended for by the learned counsel . on the other hand, they establish ..... to take over certain assets of the company. recognition to this partnership was accorded by the department under sec. 26-a of the indian income-tax act. pursuant to the terms of the partnership, some of the transport vehicles in regard to which rebate was granted were transferred by the company .....Tag this Judgment!