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Judgment Search Results Home > Cases Phrase: income tax act Year: 1968 Page 10 of about 650 results (0.098 seconds)

Mar 22 1968 (HC)

Balwant Singh and ors. Vs. R.D. Sharma, Director of Inspection Income ...

Court : Delhi

Decided on : Mar-22-1968

Reported in : AIR1969Delhi91; ILR1968Delhi193

..... the person concerned will nto produce or cause to be produced books of account or toher documents which will be useful for or relevant to the proceedings under the income-tax act, 1922, or the income-tax act, 1961. that specification was, in any case, sufficient so far as the requirements of section 132 go. (37) mr. veda vyasa then contended that provisions of section 165 ..... s. balwant singh to produce, or cause to be produced, books of account or toher documents which will be useful for, or relevant to proceedings, under the indian income-tax act,1922 or under the income-tax act, 1961 he would nto produce, or cause to be produced such books of account or toher documents as required by such summons or ntoice; (3) s. balwant singh ..... director of inspection (investigation) as all toher forms are exactly in the same language : (seerule 112) warrant of authorisation under section 132 of the income- tax act, 1961 and rule 112(1) of the income-tax rules, 1962. i (1) the income-tax officers, s/shri r. p. gautam, p. k. sharan, rajendra mohan, govind ram, s. n. tandon, p. l. madan, p. ranganathan, r. r. gupta ..... ) the assessments up to 1962-63 having been completed there could have been no occasion to issue any ntoices under section 37 of the indian income-tax act 1922 or sub-section (4) of section 22 of the income-tax act and yet in the authorisation qutoed above these sections have been mentioned which shows that the director of inspection blindly qutoed the authorisation form, being .....

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Jan 01 1968 (HC)

A. Balakrishna Menon and anr. Vs. Inspecting Asst. Commr. of Agricultu ...

Court : Kerala

Decided on : Jan-01-1968

Reported in : AIR1969Ker1

..... legal representatives in management of the properties of deceased person could represent the estate of the deceased for the pur-pose of reassessment proceedings under section 34 of the indian income-tax act, 1922. the court said;'the definition of a legal representative under section 2(11) of the code of civil procedure also runs on the same lines: it means a person ..... pleadings therein before us. therefore, we are unable to cons icier this contention.mathew, j.14. the charging provision in the agricultural income-tax act, 1950, hereinafter referred to as 'the act', reads:'3 (1). agricultural income-tax at the rate or rates specified in the schedule to this act shall, be charged for each financial year in accordance with and subject to the provisions of this ..... raman nayar, j.1. the question is whether the tax due under the provisions of the (kerala) agricultural income-tax act, 1950 (for short, the act) in respect of income derived by a sthanamdar from stha-nam property is, after his death, leviable from the person or persons on whom the property has devolved. the tax, of nearly rs. 85,000, assessed in this case was in ..... respect of income derived during the period, 1-11-1958 to .....

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Aug 20 1968 (HC)

Commissioner of Agrl. Income-tax, Kerala State, Trivandrum Vs. Nilambu ...

Court : Kerala

Decided on : Aug-20-1968

Reported in : AIR1969Ker238

..... referred are also the same, and they read as follows;--1. whether in the circumstances of the case the expenses for preparation of the agrl. income-tax returns are expenses allowable in determining the assessable income under the agri. income-tax act.2. whether in the circumstances of the case, the floating charge on the estates in kerala will come under 'mortgage or other capital charge ..... ' in section 5 (f) of the agrl. income-tax act.3. whether the floating charge on the estate in kerala can be a charge on the said property unless and until the amount or a portion of it becomes irrecoverable ..... counsel submitted that the above clause corresponds to cl. (xv) of section 10 (2) of the indian income-tax act, 1922 and to section 37 of the income-tax act, 1961. we shall also read the relevant part of section 10 of the 1922 act:--'10. business.--(1) the tax shall be payable by an assessee under the head 'profits and gains of business, profession or vocation' in ..... ) the bombay high court held that the fees paid by an assesses to his income-tax consultant in connection with proceedings before the income-tax officer were not allowable under section 19 (2) (xv) of the indian income-tax act. 1922. similarly the allahabad high court held in j. k. cotton . v. commissioner of income-tax. : [1962]46itr970(all) that the fees paid by an assessee to chartered .....

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Oct 08 1968 (HC)

Nelliyil Ummer Kutty Vs. State of Kerala and anr.

Court : Kerala

Decided on : Oct-08-1968

Reported in : [1970]77ITR489(Ker)

..... that the wakf in question is not for wholly religious or charitable purpose and is not entitled to exemption under section 4(3) of the agricultural income-tax act, 1950. the tribunal recorded that for the years in question the accounts did not show that a sum of one anna in the rupee had ..... wholly for a charitable purpose, and therefore not entitled to exemption under section 15b read with section 4(3)(i) of the income-tax act, 1922. kanga in his law and practice of income-tax (1958 ed., page 218) has noticed with reference to the authorities, that even before the amendment of the last paragraph of ..... 1941] 9 i.t.r. 375 (mad.). this decision noticed that the words in the last clause of section 4(3)(i) of the income-tax act, denying exemption to income of a private religious trust which does not enure for the benefit of the public, were added by the amendment made in 1939, and observed ..... not enure for the benefit of the public does not qualify for the exemption. such a clear provision is absent in section 4 of the agricultural income-tax act. by the explanation to the said section the requirement of general public utility is postulated only with reference to a charitable, but not a religious, ..... sub-section (3) of section 4 of the indian income-tax act, 1922, by the addition of the words excluding private religious trusts from the operation of the sub-section, courts held that some of the so- .....

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Aug 30 1968 (HC)

Commr. of Agrl. I.T. Vs. Pullangode Rubber and Produce Co. Ltd.

Court : Kerala

Decided on : Aug-30-1968

Reported in : [1970]76ITR10(Ker)

..... the 'kanadukathan bank' which was carrying on business in british india, can be assessed under section 42 of the indian income-tax act, 1922, as agent of the 'pudukottai bank', which was carrying on business in an indian state in respect of the income from six loans given by the pudukottai bank to certain branches of the kanadukathan bank in burma. their lordships-examined ..... isaac, j.1. this is a reference made by the kerala agricultural income-taxappellate tribunal under section 60(1) of the agricultural income-tax act 1950,on the application of the commissioner of agricultural income-tax, kerala. thequestions referred are:'(i) on the facts and in the circumstances of the case, is the tribunal right in holding that there is nothing in the agreement dated 19th ..... position.11. the learned counsel for the assessee referred us to the following passage appearing in the judgment of the privy council in bank of chettinad ltd. v. commissioner of income-tax, [1940] 8 i.t.r. 522 (p.c.):'their lordships think it necessary once more to protest against the suggestion that in revenue cases 'the substance of the matter' may ..... transaction is embodied in a document, depends upon the meaning and effect of that document or the substance of the transaction in article 63 (pages 49 to 51), simon's income-tax, second edition, volume 1. in inland revenue commissioners v. wesleyan and general assurance society, [1948] 16 i.t.r. (suppl.) 101, 103 viscount simon stated the principles in these words .....

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Jul 29 1968 (HC)

Commissioner of Income-tax Vs. P.P. Johny and anr.

Court : Kerala

Decided on : Jul-29-1968

Reported in : [1969]73ITR459(Ker)

..... is to be charged in the hands of one person or another can certainly be determined under section 3 and other relevant provisions of the income-tax act. section 3 is clear enough to indicate that the same income cannot be charged repeatedly in the hands of different persons or in the hands of the same person. in fact, when examining this argument advanced ..... by learned counsel for the opposite party, we put a question whether he could point out any specific provision in the income-tax act under which there was a bar to the income of one individual for one previous year being repeatedly assessed and charged to tax. he was unable to point out any and we had to fall back on section 3 of the ..... persons ' for the purpose of assessment was not right. the act applicable in the instant case is the indian income-tax act, 1922. the main charging section in that act is section 3, it is in the following terms :' where any central act enacts that income-tax shall be charged for any year at any rate or rates tax at that rate or those rates shall be charged for ..... individually under one of the alternatives provided under section 3 of the income-tax act. this assertion of the petitioners is admitted by the opposite party, the income-tax officer, in the counter-affidavit filed on his behalf. the income having once been charged to tax, it is urged that it could not be charged to tax again in the hands of the association. learned counsel for the .....

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Sep 09 1968 (HC)

N. Sundareswaran Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Sep-09-1968

Reported in : [1969]72ITR219(Ker)

..... is an assessable entity under the indian income-tax act, a firm is not a legal entity. in the eye of the law a firm is a compendious expression used to indicate that several persons constituting that firm are carrying ..... case is not carried on by the assessee but is carried on by the assessee along with a partner or partners. mr. joshi says that a firm under the indian income-tax act is an assessable entity and therefore a distinction must be made between a business carried on by a firm and a business carried on by an individual. although a firm ..... you have a partnership business the business is carried on by each of the partners, and the definition of a partnership in the partnership act has been incorporated in the indian income-tax act in section 2(6b). therefore the contention that section 10(1) cannot apply to a partner in a registered firm is untenable because he does carry on the business although ..... isaac, j.1. these two references have been made by the madras bench of the income-tax appellate tribunal under section 66(2) of the indian income-tax act, 1922, as directed by this court on the applications made by the assessee. these cases relate to the assessment years 1960-61 and 1961-62. the questions referred in the .....

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Oct 11 1968 (HC)

P.M. Bharucha and Co. Vs. G.S. Venkatesan Income-tax Officer, Circle I ...

Court : Gujarat

Decided on : Oct-11-1968

Reported in : [1969]74ITR513(Guj)

..... of indian did not find place in the patiala act. the commissioner, when he transferred this case, referred not to the patiala income-tax act, but to the indian income-tax act, and it is contended that if the patiala income-tax act was in force for purposes of reassessment action should have been taken under that act and not the indian income-tax act. this argument however loses point, because the exercise of ..... by an assessment order, dated 30th may, 1951. the petitioner-firm not having applied for registration was not registered under section 26a of the income-tax act, 1922 (hereinafter referred to as 'the old act'), but the income-tax officer being of the opinion that it was more advantageous to the revenue to proceed under section 23(5) (b), treated the petitioner-firm, though unregistered, ..... name in which the business is carried on is called the firm came. it is undoubtedly true that for the purpose of the income-tax act the firm is an assessable entity but the definition of 'partnership' incorporated in the income-tax act shows that a firm is not a legal entity; it is not a juristic person distinct from its partners. a firm is merely ..... we may usefully refer only to one decision, and that is the decision of the supreme court in l. hazari mal v. income-tax officer. the commissioner of income-tax in that case, purporting to act under section 5(5) and 5(7a) of the indian income-tax act, made an order on november 4, 1953, that the assessment of the assessee-firm would be done by the .....

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Aug 30 1968 (HC)

D.M. Manasvi Vs. Commissioner of Income-tax, Gujarat Ii

Court : Gujarat

Decided on : Aug-30-1968

Reported in : [1969]72ITR17(Guj)

..... and 1962-63. so far as the assessment years 1959-60 and 1960-61 were concerned, the assessee was initially assessed under section 23 of the income-tax act, 1922. however, the income-tax officer subsequently found that the income from the business, which was carried on in the name of m/s. kohinoor grain mills sales depot, was not included in the returns filed by ..... satisfaction of the officer concerned under section 28(1) during the pendency of the main proceedings. 13. in anant ram kanhaiyalal v. commissioner of income-tax, the allahabad high court pointed out that section 28(3) of the income-tax act, 1922, nowhere requires the issue of a notice to show cause against the imposition of a penalty. such a notice not being prescribed under ..... the facts and in the circumstances of the case, the proceedings for the imposition of penalty were properly commenced in the course of any proceedings under the act as required by section 271 of the income-tax act, 1961, for the assessment years 1959-60 to 1962-63 (2) whether, on the facts and in the circumstances of the case, there was any material ..... notice on october 7, was the first step taken in connection with the penalty proceedings. 18. in chennuru venkataramanaiah chetty & bros. v. income-tax officer, the andhra pradesh high court held that the notice under section 28 of the income-tax act, 1922, for the imposition of penalty, which was issued to the petitioner on march 21, 1952, the date on which the assessment proceedings .....

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Oct 29 1968 (HC)

Bikaner Gypsum Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Decided on : Oct-29-1968

Reported in : [1969]73ITR778(Raj); 1968()WLN242

..... business and, having regard to the accepted commercial practice and trading principles, was a deduction which, if there was no specific provision for it under section 10(2) of the income-tax act, was certainly an allowable deduction. the expenditure (sic) was actually incurred or the liability in respect thereof had accrued even though it may have to be discharged at some future ..... of accounting maintained by this assessee he could claim to deduct expenditure incurred in previous years in the assessment year in question ...... when wecome to section 13 of the income-tax act we find that income, profits and gains have to be computed for the purposes of section 10(1) in accordance with the method of accounting regularly employed by the assessee. there is ..... incurred in defending the monopoly right enjoyed by the assessee-company under an instrument of assignment of lease was an inadmissible expense under section 10(2)(xv) of the indian income-tax act '12. the facts stated in the statement of the case with regard to this question are as follows :in the terms of the indenture of assignment of the mining lease ..... was made by the central government in exercise of the powers conferred by section 60a of the indian income-tax act, 1922. the purpose of making this order was that in some parts of the territories of part b states, there was no income-tax. in other parts, income-tax was leviable but on a rate different from that prevalent in part a state. it was thought .....

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