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 .....Tag this Judgment!
Court : Delhi
Decided on : Sep-09-1968
Reported in : ILR1968Delhi470; 77ITR802(Delhi)
..... ) a ntoice under section 34 must nto only be issued but also be served on the assessed before 31st march, 1962, to apply section 34(1)(a) of the indian income-tax act, 1922. for this contention, the petitioners relied upon the fact that the ntoices served by registered acknowledgment due post were served upon them on 11th april, 1962, and they denied ..... to law by affixation on 30th march, 1962, i.e. before the commencement of the income-tax act, 1961.3. the first petitioner is the assessed and it was assessed as a hindu undivided family. the second petitioner is the present karta of this family. it is nto ..... is nto disputed that the ntoices which were sent by registered acknowledgment due post were received by the petitioners on 11th april, 1962, i.e., after the commencement of the income-tax act, 1961. in so far as the ntoices sent by messenger are concerned, the petitioners deny service thereof while it is the case of the respondents that these were served according ..... judgment.2. the writ petitions have been filed to quash the several ntoices dated 23rd march, 1962, issued by respondent no. 3 under section 34(1)(a) of the indian income-tax act, 1922, for reopening assessments for the assessment years 1942-43 to 1953-54, and also for prohibiting the respondents fromproceeding further with assessment proceedings in pursuance of the aforesaid ntoices .....Tag this Judgment!
Court : Kerala
Decided on : Oct-29-1968
Reported in : AIR1970Ker14; 77ITR453(Ker)
..... respondent seeking to quash a notice ext. p-1 purported to he under section 147 of the income-tax act, 1961 as well as a further notice ext. p-5 under section 143(2) of the same act. various contentions were raised before the learned single judge and had been considered by the single judge ..... pertain to the question as to whether a notice under section 147 can and should be issued; matters well within the jurisdiction and competence of the income-tax officer to decide.3. the assessee has filed a return in pursuance of the notice and has taken his objections as evidenced by ext. p-4 ..... assistant commissioner had 'instead of treating the assessment order as a nullity and having the same set aside, illegally remanded the case back to the income-tax officer to save limitation'. it would be noticed that at its highest, this ground can mean that the result of the remand order was to attempt ..... move the high court under article 226 and contend that a notice issued against him is barred by time. that is a matter which the income-tax authorities must consider on the merits in the light of the relevant evidence.apart from this aspect of the matter however, the plea of limitation ..... respondent no. 1 himself. the jurisdiction conferred on the high court under article 226 is not intended to supersede the jurisdiction and authority of the income tax officers to deal with the merits of all the contentions that the assessees may raise before them, and so it would be entirely inappropriate to permit .....Tag this Judgment!
Court : Kerala
Decided on : Apr-05-1968
Reported in : AIR1969Ker196
..... supreme court was whether those amounts were allowable deductions. subba rao, j., as he then was, observed that under section 10(1) of the income-tax act, tax shall be payable by an assessee under the head 'profits and gams of business' in respect of profits and gains of any business carried on ..... is the business profits and not statutory profits. he further observed that the real profits of a businessman under section 10(1) of the income-tax act cannot obviously include the amounts returned by him by way of rebate to the consumers under statutory compulsion and that it is as if he ..... they reached the assessee by an overriding title and (2) whether the amount is an allowable deduction under section 10(2)(xv) of the income-tax act.6. the supreme court has held that the payment of the amount was not towards purchase price because the unpaid purchase price was neither ..... out of the real profits of the company. there is we must remember the distinction between apparent profit and real profit. what is taxed under the income-tax act is only the profits of the company calculated on commercial principles.in the privy council case of indian radio and cable communications co. ltd ..... and exclusively incurred for the purpose of the business and was an admissible deduction under section 10(2)(xv) of the income-tax act.12. in poona electric supply co. ltd. v. commissioner of income-tax, bombay, : 57itr521(sc) the company carried on the business of distribution of electricity under a licence issued .....Tag this Judgment!
Court : Kerala
Decided on : Aug-30-1968
Reported in : 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,  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,  16 i.t.r. (suppl.) 101, 103 viscount simon stated the principles in these words .....Tag this Judgment!
Court : Kerala
Decided on : Jul-29-1968
Reported in : 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 .....Tag this Judgment!
Court : Gujarat
Decided on : Jan-15-1968
Reported in : 69ITR186(Guj)
..... and similar devices on a substantial scale' that the english section was enacted. the same mischief also existed in india and, therefore, when the legislature made extensive amendments in the income-tax act in 1939, the legislature introduced section 44f to remedy such mischief. originally the bill did not include any clause corresponding to section 44e and 44f but at the stage of ..... are not material for the determination of the present controversy, section 44f follows closely, almost to a word, the corresponding section 33 of the english finance act, 1927 - replaced subsequently by section 237 of the english income tax act, 1952 - and, therefore, the observations made in regard to the object and purpose of the english section would be useful in understanding the reason for ..... bhagwati, c.j.1. this reference raises an interesting question of construction of section 44f of the income-tax act, 1922. the question is not free from difficulty arising as it does on one of the least happily drafted sections of an act not otherwise known for perspicuity. in order to appreciate the question it is necessary to notice the facts giving rise to ..... judges of the australian high court in deputy federal commissioner of taxation v. purcell. the section which came up for consideration in that case was section 53 of the income tax assessment act, 1915-16, which gave power to the revenue to avoid the transaction which had the purpose or effect of avoiding of any liability imposed on any person by that .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-26-1968
Reported in : 74ITR396(Guj)
..... aspect of the question is concerned, is admittedly the same as the shame of the old income-tax act and these observations of the bombay high court though made in the context of the old income-tax act would have equal validity under the present income-tax act. wherever any income is excluded from chargeability to tax either expressly or by necessary implication arising from the scheme of the ..... it exclusion for the purpose of determination of rate. but this postulate is plainly incorrect and is contrary to the scheme of the income-tax act. the bombay high court, while examining the scheme of the old income-tax act, pointed out in commissioner of income-tax v. n. m. raiji : 'the scheme is that wherever one finds an exemption or exclusion from payment of ..... principle, there is also a decision of the bombay high court in trustees of chaturbhuj raghavji trust v. commissioner of income-tax, where the same view has been taken in regard to the construction of the corresponding section 41 of the income-tax act, 1922, which, so far as is material for the present purpose, was in almost identical terms with the ..... act or its provisions, exclusion operates in the computation of the total income not only for the purpose of liability to tax but also for the purpose of .....Tag this Judgment!
Court : Gujarat
Decided on : Oct-09-1968
Reported in : 74ITR448(Guj)
..... , 1951. during the time that the deceased was a partner of the said two firms as the said two firms were registered under section 26a of the income-tax act, 1922 (hereinafter referred to as the 'old act'). the deceased was assessed in the status of an individual as non-resident in some years us as resident in others. when the deceased retired from ..... of demand is not complied with, the assessee an be treated as a person in default and he is liable to pay a penalty equal to the tax debt under section 46(1) of the income-tax act. lastly, on the failure of the assessee to pay after a notice of demand is issued, the recovery proceedings an be started within a time limit ..... and the amount of tax an be treated as an arrear of land revenue. ................ the notice of demand is a vital document in many respects. disobedience to it makes ..... to them under rule 11, clause (6), of the second schedule to the act.17. we therefore allow the petition and make the rule absolute to the limited extent that a writ of mandamus shall issue quashing and setting aside the certificate of recovery forwarded by the income-tax officer to the additional collector, bombay, as also the recovery proceeding instituted against the .....Tag this Judgment!
Court : Chennai
Decided on : Sep-12-1968
Reported in : AIR1970Mad133; 73ITR571(Mad)
..... the whole or part of the previous year and (2) no order has been made under sub-section (1) of section 23-a of the income-tax act.it is on the second condition, the argument on either side has centered. it seems to us to be obvious that this condition very really bears ..... (1) had been passed and so the grant of rebate was improper. the assessee has moved for this reference under section 66(1) of the indian income-tax act on the following question-'whether, by reason of an order passed on 8-3-1958, under section 23-a (1) on the assessee company subsequent to ..... has been granted, it presupposes that a decision has been arrived at by the income-tax officer earlier or simultaneously under section 23-a of the income-tax act and if that be so, there is no power vested in him under the act to go back upon that view.6. the assessment order for the assessment ..... considering the proviso has made certain observations which appear to support our view:'the right to rebate arose under those finance acts if no order under section 23-a was made. the income-tax officer had therefore to decide even before completing the assessment of the company whether the circumstances justified the making of an ..... has been persuasive, is that grant of rebate under proviso (1) to part b in schedule i of the finance act postulates that the requisite conditions therefor have, in the opinion of the income-tax officer, been satisfied and that if therefore, he proceeded on the basis that there has been no order made under .....Tag this Judgment!