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Judgment Search Results Home > Cases Phrase: income tax act Year: 1968 Page 12 of about 650 results (0.086 seconds)

Aug 23 1968 (SC)

Kalva Suryanarayana Vs. Income-tax Officer, A-3 Ward, Hyderabad

Court : Supreme Court of India

Decided on : Aug-23-1968

Reported in : AIR1969SC285; [1969]71ITR422(SC); [1969]1SCR840

..... . after about six years the respondent issued a notice to the appellant under section 45 of the income tax act, 1922, hereinafter called the 'act calling upon him to pay up the arrears on the footing that under the provisions of section 44 of the act there was joint and several liability of each and every partner of the dissolved firm in respect of ..... that the partnership had suppressed income to the extent of rs. 1,72,149 (i.g.) by inflating the expense under railway freight and by the ..... and on that basis proceeded to assess the total income of the partnership which he determined as rs. 1,64,546 (o.s.), and he total income was apportioned among the four earners in proportion of their respective shares. subsequently, the commissioner of income-tax in exercise of his revisional power under section 33b of the income-tax act, passed an order of february 26, 1955, holding ..... not accounting for the sale of old gunnies. the commissioners of income- tax accordingly directed that the assessment already made .....

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Aug 14 1968 (SC)

State of Assam and anr. Vs. Deva Prasad Barua and anr.

Court : Supreme Court of India

Decided on : Aug-14-1968

Reported in : AIR1969SC831; [1970]75ITR18(SC); [1969]1SCR698

..... on receipt of the return but that was not done.4. section 19 is almost in the same terms as section 22 of the income-tax act, 1922, hereinafter called the income-tax act. section 19(1) reads as follows : 'the agricultural income-tax officer shall, on or before the first day of may for the year commencing 1st april, 1939 or any later day notified by government ..... according to the ordinary canons of interpretation, the words employed must be given their proper and plain meaning. moreover, section 19 is in pari materia with section 22 of the income-tax act and the law which has been laid down by this court, while interpreting the provisions of that section, must govern the construction of provisions of section 19 as well. the ..... that return. he cannot ignore that return and serve on the assessee a notice under the provisions relating to escaped income which was section 34 in the income-tax act. this view also finds support from the decision of this court in commissioner of income-tax v. s. roman chettiar : [1965]55itr630(sc) in which it was laid down, inter alia, that section 22(3) ..... particulars as may be required by the notice) his total agricultural income during the previous year.' 5. section 20 of the act is similar to section 23 of the income-tax act. section 30 which deals with escapement of income-tax is in the following terms : 'if for any reason any agricultural income chargeable to agricultural income-tax has escaped assessment for any financial year, or has been assessed .....

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Sep 06 1968 (SC)

Third Income-tax Officer, Mangalore Vs. M. Damodar Bhat

Court : Supreme Court of India

Decided on : Sep-06-1968

Reported in : AIR1969SC408; [1969]71ITR806(SC); [1969]2SCR29

..... act), -....... (g) any proceeding for the imposition of a penalty in respect of any assessment for the year ending ..... . it is necessary at this stage to set out the relevant provisions of the income-tax act, 1961 (43 of 1961), and of the income-tax act, 1922 (11 of 1922), hereinafter referred to as the 'old act'. section 156 of the new act is to the following effect : 'notice of demand. - when any tax, interest, penalty, fine or any other sum is payable in consequence of any ..... , 1967, in writ petition no. 846 of 1965 holding that the notice under section 226(3) of the income-tax act, 1961, hereinafter called the 'new act', bearing no. 770-d/60-61, 61- 62, 62-63 and 63-64 issued by the iii income-tax officer to m/s. rajarajeswari motor service, mangalore, produced as exhibit viii with the writ petition was invalid and ..... have the same effect as an attachment of a debt by the tax recovery officer in exercise of his powers under section 222..........' 7. section 297 provides as follows : '297. repeals and savings. - (1) the indian income-tax act, 1922 (11 of 1922), is hereby repealed. (2) notwithstanding the repeal of the indian income-tax act, 1922 (11 of 1922) (hereinafter referred to as the repealed .....

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Aug 20 1968 (SC)

J.P. Jani, Income-tax Officer, Circle Iv, Ward G, Ahmedabad and anr. V ...

Court : Supreme Court of India

Decided on : Aug-20-1968

Reported in : AIR1969SC778; [1969]72ITR595(SC); [1969]1SCR714

..... that there was no valid service of the notice. the decision of the appellate assistant commissioner was given on january 5, 1963, by which time the income-tax act, 1922, had been repealed and the income-tax act, 1961 (hereinafter called ' the new act') had come into force with effect from april 1, 1962. the time for taking action for assessment or reassessment in case of escaped ..... special civil application no. 54 of 1964 whereby a writ of mandamus was issued to quash the notices issued under sections 147, 148 and 142(1) of the income-tax act, 1961, against the respondent.2. the respondent was assessed by the income-tax officer, ward e, circle ii, ahmedabad, for the assessment year 1947-48 by an assessment order dated january 31, 1952. the ..... proceeding for assessment against the assessee as an agent of a non-resident party under the income-tax act before it was amended, ended on march 31, 1956. it is true that, under the amending act, by section 18 of the finance act, 1956, authority was conferred upon the income-tax officer to assess a person as an agent of a foreign party under section 43 ..... of the respondent not having disclosed it at the time of the original assessment. the income-tax officer, therefore, after obtaining the approval of the commissioner of income-tax issued a notice dated march 27, 1956, under section 34(1)(a) of the income-tax act, 1922 (hereinafter referred to as 'the old act'). the notice could not be served personally, and, therefore, was served by affixing on .....

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Sep 04 1968 (SC)

Sahu Rajeshwar Nath Vs. Income-tax Officer, C-ward, Meerut and anr.

Court : Supreme Court of India

Decided on : Sep-04-1968

Reported in : AIR1969SC667; [1969]72ITR617(SC); [1969]1SCR999

..... 46(2) of the act for recovery of the tax due and the case of the appellantis that he learnt of the proceedings for the first time in ..... pay' in section 29 should be construed as ' other person liable to pay under the income-taxact' and the liability cannot therefore be construed with reference to the partnership act or any other statute. in the income-tax act itself the liability is imposed on other persons to pay the tax apart from the assessee by several sections. for example ' the other person apart from the ..... of the assessment and was not liable to pay the income-tax assessed upon the partnership firm. it was also stated that no notice of the assessment proceedings was given to the appellant, nor was any notice of demand issued under section 29 of the income-tax act, 1922 (hereinafter called 'the act'). it appears that the income-tax officer forwarded a certificate to the collector under section ..... of an unregistered firm does not fall within the language of section 29 of the act, for the liability of the partner is not imposed on account of any provision of the income-tax act itself. we are, therefore, of the opinion that a notice under section 29 of the act is not necessary to be served upon the partner of an unregistered firm before .....

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Aug 14 1968 (SC)

Kapurchand Shrimal Vs. Tax Recovery Officer, Hyderabad and ors.

Court : Supreme Court of India

Decided on : Aug-14-1968

Reported in : AIR1969SC682; [1969]72ITR623(SC); [1969]1SCR681

..... in enforcement of the certificate issued under section 222 of the income-tax act, 1961, must be upheld.4. by virtue of section 297(2)(j), notwithstanding the repeal of the indian income-tax act, 1922, any sum payable by way of income-tax, super-tax, interest, penalty or otherwise under the income-tax act, 1922, may be recovered under the act of 1961, but without prejudice to any action already taken for ..... certificate for recovery is issued against the family.7. counsel for the revenue invited our attention to section 140(b) and section 282(2) of the income-tax act, 1961, in support of his contention that when tax is assessed against the hindu undivided family there is no distinction between the representative status of the manager of the family and his personal status. section ..... , a hindu undivided family is a distinct taxable entity, apart from the individual members who constitute that family. section 4 of the income-tax act charges to tax for any assessment year, the total income of the previous year of every person and 'person' is defined in section 2(31) as including--(i) an individual, (ii) a hindu undivided family, (iii) a company, (iv) a .....

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Sep 10 1968 (SC)

Oriental Investment Co. (P) Ltd. Vs. Commissioner of Income Tax, Bomba ...

Court : Supreme Court of India

Decided on : Sep-10-1968

Reported in : AIR1969SC460; [1969]72ITR408(SC); [1969]2SCR46

..... a dealer the assessee company could not be held to be an investor. the assessee company then applied to the appellate tribunal under section 66(1) of the income tax act, 1922, hereinafter called the 'act' for a reference of the following questions of law for the opinion of the high court:'(i) whether on the facts and in the circumstances of the case ..... that return was submitted the central board of revenue has decided that the company is an investment holding company, and accordingly an amended return of total income under section 22(1) of the indian income-tax act is submitted herewith on which the assessment for 1943-44 may be based, as on this particular question the company obviously cannot have one status for excess ..... of this contention the assessee company relied on the order of the central board of revenue dated august 18, 1943 passed under section 26(1) of the excess profits tax act. the income tax officer rejected the plea and held that the investments were held by the assessee company as the stock-in-trade of its business which it carried on during the previous ..... profits tax and another for income-tax.'5. it was contended by the assessee company that it never carried on any business in the purchase of sale of shares, securities .....

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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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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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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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