Court : Supreme Court of India
Decided on : Apr-14-1967
Reported in : 66ITR462(SC)
..... of gopi bai. 5. the assessee then applied to the high court of bombay for an order under section 66(2) of the indian income-tax act directing the tribunal to state a case and refer the questions of law arising out of the order of the tribunal. the high court rejected ..... that there was no 'conclusive proof of the assessee's version that gold ornaments were melted and sold.' 8. the income-tax appellate tribunal performs a judicial function under the indian income-tax act : it is invested with authority to determine finally all questions of fact. the tribunal must, in deciding an appeal, consider ..... assets brought by the assessee when he migrated to india and rejected his claim for the balance. the income- tax officer, in proceedings for reassessment commenced under section 34 of the income-tax act, brought to tax rs. 79,989 in the assessment year 1948-49, rs. 1,89,800 in the year 1949-50 ..... the ornaments received by her from several relatives....... on the face of the overwhelming evidence produced by the appellant, i am unable to understand the income-tax officer's contentions that the credits did not represent the sale proceeds of gold or that the account was a 'benami' account of the appellant ..... the three amounts were part of the assets brought with him either in cash or as jewellery when the assessee migrated to india. the income-tax appellate tribunal confirmed the order of the appellate assistant commissioner in so far as it related to the assessment years 1948-49 and 1949-50 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Mar-31-1967
Reported in : 68ITR192(SC)
..... -25 were valid to the extent of rs. 21,884.81. this sum was arrived at by revising the assessment orders, not under any provision of the income- tax act, but by the counsel for the revenue. the assessment orders stand as they were before. we are unable to appreciate how the assessment orders can be revised ..... was a suit and not writ petition under article 226. be that as it may, there is no force in this point. section 111 of the cochin income-tax act of 1117 m. e. bars a suit to set aside an assessment. no prayer was made in the suit for setting aside any assessment. what was claimed ..... of 'a. n. guna shenoi and bros.' in the former state of cochin. at the relevant time, the cochin excess profits tax act, 1117 m. e. (ii of 1117 m. e.) (1941 a. d.) and cochin income-tax act, 1117 m. e. (vi of 1117 m. e.) were in force in the cochin state. cochin later became part of ..... except under the provisions of the income-tax act. neither the counsel for the defendant nor the high court has power to revise any assessment order. indeed, section 111 of the cochin income-tax act interdicts the high court. it is true the high court has not done it directly, ..... ) that, at any rate, he was estopped from saying that he had not agreed to pay excess profits tax; and (c) that the suit was barred by the provisions of section 111 of the cochin income-tax act of 1117 m. e., which, inter alia, provides that no suit shall be brought in any civil court to .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-04-1967
Reported in : 66ITR452(SC)
..... as desired by the assessee, the appellate tribunal referred the following question of law to the high court under section 66(1) of the income-tax act : 'whether upon a construction of the will of kedarnath bysack dated may 30, 1887, and the pleadings and proceedings of suit no. 363 ..... on by the said kedarnath bysack and his mother.' 6. the high court answered the question against the assessee and in favour of the commissioner of income-tax. 7. it was argued on behalf of the appellant that the four properties have not been partitioned by metes and bounds between purnashashi dassi and sarbaranjan ..... from the assessee to the two family deities, and on that basis he did not file returns in respect of those properties. the income-tax officer requested sarbaranjan to furnish particulars of income of these properties. sarbaranjan replied as follows : 'as the properties mentioned in the copy of the final decree passed in suit no. ..... the said properties to assess the assessee with respect to his secular properties need not be asked for.' 5. the income-tax officer refused to exempt the income from assessment. he estimated the income to be rs. 12,429, after making the necessary allowance, for the first year, rs. 13,114 for the second year, ..... ramaswami j. 1. these appeals are brought, by certificate, from the judgment of the calcutta high court dated march 13, 1964, in income- tax reference no. 39 of 1960. 2. one kedarnath bysack, a hindu governed by the bengal school of hindu law, died on july 10, .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Sep-28-1967
Reported in : AIR1968SC565; 1SCR661; 21STC326(SC)
..... taken under those provisions. the notice contemplated under r. 32 is not similar to a notice to be issued under s. 34(1)(b) of the income tax act, 1922. all that ss. 11(4) and 11a(1) prescribe is that before taking proceedings against an assessee under those provisions, he should be given ..... into his possession' found in s. 34 of the indian income tax act, observed thus: "we are unable to accept the extreme proposition that nothing that can be found in the record of the (1) 42 i.t.r ..... even as to the legal position. in other words, the term 'information' in s. 34(1)(b) of the income tax act 1922 really means knowledge. in salem provident fund society ltd. v. commissioner of income tax madras(1) a division bench of the madras high court interpreting the scope of the words 'information which has come ..... defined. it was held therein that the said words were wide enough to include cases where no notice under s.22(2) of the income tax act had been issued to the assessee and therefore his income had not been assessed at all under s. 23 thereof. (1)  supp.1 s.c,r. 10. (2)  ..... its possession. in our view, this contention is untenable. in maharaj kumar kamal singh v. commissioner of income tax, bihar and orissa, this court held that the word 'information' in s. 34(1)(b) of the income tax act, 1922, includes information as to the true and correct state of the law and so would cover .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-18-1967
Reported in : 67ITR89(SC); 1SCR30
..... the tribunal that according to the instructions issued by the central government under s. 60 of the income-tax act only rs. 13,578/- out of the income from government securities were chargeable to tax. the income-tax officer and the tribunal held that rs. 59,498/- were chargeable to tax. the decision in cocanada radhaswami bank's case (57 i.t.r. 306), relates to the ..... those instructions had ceased to operate, and the society's claim was governed by the explanation to s. 8 of the income-tax act as incorporated by the finance act of 1956, with effect from april 1, 1956. he accordingly computed the taxable income under the head - 'interest on securities' in the sum of rs. 59,498/-. the appellate assistant commissioner modified the order ..... the society from its trading activity being exempt from tax, its income from government securities had, it was common ground, to be apportioned between income earned from investment for trading purposes and for non-trading purposes. the income-tax officer applied the first proviso read with the explanation to s. 8 of the income-tax act. the income-tax appellate tribunal held that in terms, the explanation to s. ..... , with effect from april 1, 1955, was therefore not liable, by the express provisions in the act, to pay tax in respect of the profits and gains of business carried on by it. under s. 8 of the income-tax act 1922, tax is payable by an assessee under the head 'interest on securities' in respect of the interest receivable by him on any .....Tag this Judgment!
Court : Delhi
Decided on : Jun-13-1967
Reported in : AIR1968Delhi18
..... in the union territory of himachal pradesh to the high court of punjab is as from the prescribed date, to be construed as references to high court of delhi indian income-tax act, 1922, is a law in force in the union territory of himachal pradesh. the effect of section 18, thereforee, is that from may, 1, 1967 the words 'the high court ..... with a preliminary objection raised on behalf of the revenue that this court has no jurisdiction in the matter.(2) under sub-section (8) of section 66 of the indian income-tax act, 1922. the jurisdiction with respect to the union territories of delhi and himachal pradesh was conferred on the high court of punjab. the relevant part of sub-section (8) of ..... the argument of the revenue were to be accepted, an irreconcilable conflict would come into being between the indian income-tax act and the delhi high court act. the whole object of the legislature in passing delhi high court act was to vest the jurisdiction over the territories covered thereby in delhi high court and the interpretation placed by me accords with that object. the ..... s.k. kapur, j.1. the following two questions have been referred to this court by the income-tax appellate tribunal (delhi bench) under section 66(1) of the indian income-tax act, 1922:-'(1) whether on the facts and in the circumstances of the case, the income of rs.3,489 assessable under the head 'toher sources' ?. (2) whether on the facts and in the circumstances .....Tag this Judgment!
Court : Kerala
Decided on : Aug-16-1967
Reported in : 68ITR83(Ker)
..... mathew, j. 1. this is a reference made at the instance of the assessee by the agricultural income-tax appellate tribunal under section 60(1) of the agricultural income-tax act, 1950, hereinafter referred to as the act. 2. the questions referred are: (1) whether the arrangements made in the karar of 1909 for the maintenance of the junior members of tharwad is a diversion of the ..... the act, ratilal though onlyone of the two persons who executed the settlement deed, is ..... the 'settlor', and that the provision in the trust deed that the income was to be enjoyed by ratilal after the death of ramjibhai is ..... should be treated as an independent entity with the result the income which the manager derived as a beneficiary under the trust could not be treated as the income of the family. in answer to the argument that, by virtue of the 2nd proviso to section 16(1)(c) of the indian income-tax act, corresponding to the 2nd proviso to section 9(1) of .....Tag this Judgment!
Court : Kerala
Decided on : Jul-11-1967
Reported in : AIR1968Ker182; 68ITR863(Ker)
..... by the assessee but not the sufficiency of the reasons for the belief. again the expression 'reason to believe' in section 34 of the income-tax act does not mean a purely subjective satisfaction on the part of the income-tax officer. the belief must be held in good faith; it cannot be merely a pretence. to put it differently it is open to the ..... act reads as follows:-'297(2) notwithstanding the repeal of the indian income-tax act 1922 (hereinafter referred to as the repealed act).- xxx x x (d) where in ..... service of the notice. ext. p-1 reads as follows:- 'whereas i have reason to believe that your income chargeable to tax for the assessment year 1957-58 escaped assessment within the meaning of section 147 of the income-tax act. 1961. i therefore propose to the income for the said assessment year and i hereby require you to deliver to me within 30 days from ..... the petitioner made a return of rs. 9,302 as income from his business, the appellate tribunal finally fixed it at rs. 13,201 the addition being only rs. 3,899 the income-tax act 1922 (hereinafter referred to as the 1922 act) was repealed and re-enacted as income tax act 1961 (hereinafter referred to as the 1961 act) clause (d) to section 297(2) of the 1961 .....Tag this Judgment!
Court : Kerala
Decided on : Nov-21-1967
Reported in : 72ITR664(Ker)
..... the district of malabar in the madras state became part of the state of kerala as and from november 1, 1956. the travancore-cochin agricultural income-tax (amendment) act, 1957 (act 8 of 1957), amended the travancore-cochin agricultural income-tax act, 1950, and extended the same to the whole of the kerala state including the malabar area with effect from april 1, 1957.4. the ..... not similar to those of section 25a of the indian income-tax act, 1922. but section 29 of the agricultural income-tax act, 1950, before its amendment by act 12 of 1964, contained substantially the same terms as section 25a of the indian income-tax act, 1922. the result of the amendment of section 29 of the agricultural income-tax act by act 12 of 1964 is that a hindu undivided family which ..... 750 of 1950 '.9. the decision of vaidialingam j. in o.p. no. 31 of 1962 was rendered on december 17, 1963.10. section 29 of the agricultural income-tax act, 1950 (before the amendment act 12 of 1964), read thus;'29. assessment after partition of a hindu undivided family or marumakkathayam tarwad.--(1) where at the time of making an assessment under section ..... in case he feels himself aggrieved by any subsequent action of the department.' 7. again the department issued a notice dated february 9, 1960, under section 35 of the agricultural income-tax act, 1950, proposing to assess the petitioner in the status of hindu undivided family for the assessment year 1959-60. the notice was quashed in o.p. no. 750 of 1960 .....Tag this Judgment!
Court : Gujarat
Decided on : Jul-19-1967
Reported in : (1968)0GLR955; 68ITR740(Guj)
..... and after citing the aforesaid passage, shah j., delivering the judgment of the supreme court, observed as follows : 'a review of the provisions of chapter iv of the act (indian income-tax act, 1922) sufficiently discloses that the word 'assessment' has been used in its widest connotation in that chapter. the title of the chapter is 'deductions and assessment'. the section ..... of them by this common judgment. the interesting question which arises in these three references is as to the effect of the repeal of the act by the income-tax act, 1961 (hereinafter referred to as the act of 1961). 2. in income-tax reference no. 25 of 1965, the assessee is an individual and the relevant assessment year is 1962-63. the ..... force. 9. section 297(2)(j) of the act of 1961 provides as follows : '(2) notwithstanding the repeal of the indian income-tax act, 1922, (hereinafter referred to as the repealed act), -.... (j) any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the repealed act may be recovered under this act, but without prejudice to any action already taken for ..... observed as follows : 'one of the peculiarities of most income-tax acts is that the word 'assessment' is used as meaning sometimes the computation of income, sometimes the determination of the amount of tax payable and sometimes the whole procedure laid down in the act for imposing liability upon the taxpayer. the indian income - tax act is no exception in this respect......' 12. these observations .....Tag this Judgment!