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Judgment Search Results Home > Cases Phrase: income tax act Year: 1975 Page 1 of about 800 results (0.087 seconds)

Sep 17 1975 (HC)

Hanutram Ramprasad Vs. Commissioner of Income-tax

Court : Guwahati

Decided on : Sep-17-1975

..... decide whether it should refer it for the decision of the court. the power of the court to issue a direction to the tribunal under section 66(2) of the income-tax act is in the nature of a mandamus and it is well settled that no mandamus will be issued unless the applicant had made a distinct demand on the appropriate authorities ..... navigation co. ltd. : [1961]42itr589(sc) their lordships of the supreme court have held (page 608) : 'the jurisdiction of the high court in a reference under section 66 of the income-tax act is a special one, different from its ordinary jurisdiction as a civil court. the high court, hearing a reference under that section does not exercise any appellate or revisional or ..... of the accused shall be established beyond reasonable doubt by the prosecution, does not fully apply to a proceeding under section 271 of the income-tax act. in other words the department, in the course of any proceeding under the income-tax act, in order to levy penalty, need not prove beyond reasonable doubt, negatively, that the assessee has, without reasonable cause, failed to furnish the ..... provided for the reference of a case by the appellate tribunal to the high court and was essentially equivalent to section 256 of the act. their lordships held (page 544) : 'section 66 of the income-tax act which confers jurisdiction upon the high court only permits a reference of a question of law arising out of the order of the tribunal. it does not .....

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Dec 15 1975 (HC)

Addl. Commissioner of Income-tax Vs. T. Nagireddy and Co.

Court : Andhra Pradesh

Decided on : Dec-15-1975

Reported in : [1976]105ITR669(AP); [1978]41STC223(AP)

..... revenue in regard to the amount of refund, i.e., rs. 8,228, as includible in the assessee's total income for the assessment year 1968-69 under section 41(1) of the income-tax act, 1961. in view of this concession, we answer the second question in the affirmative and in favour of the revenue ..... by the supreme court, the amount was not yet paid. therefore, the decision of the supreme court in kedarnath jute mfg. co. ltd. v. commissioner of income-tax : [1971]82itr363(sc) .clearly applies to this case. 6. sri swamy referred us to a number of other decisions it is not, however, necessary to ..... there is no doubt that the assessee in this case followed the mercantile method of accounting. it is so clearly stated in the assessment order of the income-tax officer dated january 3, 1969. therefore, the appellate assistant commissioner went wrong in thinking that it was cash basis that was followed by the assessee. ..... of rs. 8,228. they were not accounted for as trading receipts. when called upon to explain the omission, it stated before the income-tax officer that the sales-tax account in its entirety is recorded as liability since it had to be paid. the dispute relating thereto was pending before the supreme court ..... . 3. on the first question sri polavarapu rama rao for the revenue contended that the sum of rs. 17,710 was admittedly collected as sales-tax and so it .....

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Aug 13 1975 (HC)

Commissioner of Income-tax Vs. Kayarts

Court : Mumbai

Decided on : Aug-13-1975

Reported in : [1977]107ITR119(Bom)

..... get the benefit of loss nor even the partners of the firm. the assessment proceedings were commenced under section 34 of the indian income-tax act, 1922. notice was issued for both the assessment years 1952-53 and 1953-54. for the first assessment year the assessee-firm filed a ..... were in the course of a profit-making scheme. the supreme court concurred with the view that was taken by the income-tax officer by holding that the income-tax officer had correctly estimated the profit of the assessee by treating the land as stock-in-trade and valuing it according to the ..... were purchased and they were sought to be divided, came up for consideration before the supreme court in p.m. mohammed meerakhan v. commissioner of income-tax : [1969]73itr735(sc) . the supreme court took the view that the transactions of the assessee constituted an adventure in the nature of trade and ..... of producing the picture for the entire period june 1, 1951, to november 30, 1952. however, the distinction sought to be made by the income-tax officer in respect of what are called establishment expenses was not accepted by the tribunal. the tribunal pointed out that in the business of production of ..... endorsement to the following effect : 'the action under section 34(1)(a) was initiated in this case after obtaining the approval of the commissioner of income-tax. the action is hereby dropped.' 3. on an appeal by the assessee, the appellate assistant commissioner dismissed the appeal and no final proceedings were .....

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Dec 10 1975 (HC)

Khushal K. Shah Vs. Commissioner of Income-tax, Bombay City-iii

Court : Mumbai

Decided on : Dec-10-1975

Reported in : [1977]109ITR814(Bom)

..... made at the instance of the assessee and the following question has been referred to us by the tribunal under section 66(1) of the indian income-tax act, 1922 : 'whether, on the facts and in the circumstances of the case, the remuneration and bonus as director of gill & co. pvt ..... shah personally and not in the hands of the hindu undivided family. this claim was accepted by the income-tax officer. however, later on, reassessment proceedings under section 34(1)(b) of the indian income-tax act, 1922, were commenced for these two assessment years. the assessee challenged the validity of the reassessment ..... . to the statement of case has been annexed a letter dated 9th february, 1960, which had been addressed by the assessee to the 1st income-tax officer, before the reassessment was made (annexure 'j'), as also a further letter dated 8th july, 1961, which had been addressed by the ..... learned chief justice) on the above points, a brief reference may be made to the decision in raj kumar singh hukam chandji v. commissioner of income-tax : [1970]78itr33(sc) . at page 43 of the said report it is observed that : 'the broader principle that emerges is whether the ..... proceedings on the ground that the condition laid down in section 34 (1)(b) was not fulfilled. on merits it was contended that the remuneration received by k. k. shah was his personal income and could not be taxed .....

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Mar 18 1975 (HC)

Mammon K. Cherian Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Mar-18-1975

Reported in : [1976]102ITR553(Ker)

..... in computing the total income of any individual, there shall be included all such income as arises directly or indirectly............... (iii) subject to the provisions of clause (i ..... tribunal, in its entirety, by the assessee, is liable to be taxed in the hands of the assessee as income derived from an asset directly or indirectly transferred by the assessee to his spouse falling within section 64(1)(iii) of the income-tax act, 1961. that section is in these terms:--' 64. (1) ..... on behalf of the department, counsel, sri p. a. francis, urged relyingon the decision of this court in clen leven estates ltd. v. commissionerof income-tax, : [1973]91itr391(ker) that the rule that what has been erected in landbelongs to the land is a principle not applicable to india and that ..... us by counsel is a matter arising from the order of the tribunal, by applying the principle of the decision of the supreme court in commissioner of income-tax v. scindia steam navigation co. ltd., : [1961]42itr589(sc) . the supreme court summarised the circumstances under which a question of law can ..... the basis that the property belonged to the assessee and that the wife was merely a name-lender, to use the word adopted by the income-tax officer, for the husband. the tribunal has proceeded on the footing that the property belonged to the wife, the entire amount required for .....

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Mar 10 1975 (HC)

Commissioner of Income-tax, Bombay City-i Vs. E. Hiller

Court : Mumbai

Decided on : Mar-10-1975

Reported in : [1977]108ITR493(Bom)

..... follows : '10. in computing the total income of a previous year of any person, any income falling within any of the following clauses shall not be included - ... (6) in the ..... the assessee and the controversy centers round the proper interpretation of section 10(6)(vii)(a)(ii) of the income-tax act, 1961, which grants some concession in respect of income-tax to foreign technicians taking up employment in india, who fulfil certain conditions. 2. assessee, shri e. hiller, is a foreign ..... excluded from the total income of the assessee ?' 5. since the question depends upon the proper interpretation of the relevant provision, it would be desirable to set out the relevant provision on which reliance was placed by the assessee. the relevant part of section 10(6) of the income-tax act, 1961, runs as ..... the view that since the assessee's employer had changed, the assessee would not be entitled to the concession of excluding from the total income taxes paid by the employer. the assessee carried the matter in second appeal to the appellate tribunal and a two-fold contention was raised before ..... his income chargeable under the head 'salaries' is paid by the employer to the central government (which tax in the case of an employer being a company may be paid notwithstanding anything contained in section 200 of the companies act, 1956) the tax so paid by the employer for a period not .....

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Aug 06 1975 (HC)

Commissioner of Income-tax, Bombay City-i Vs. Asian Dry Dock Co.

Court : Mumbai

Decided on : Aug-06-1975

Reported in : [1977]108ITR822(Bom)

..... court has observed that the expression 'in the nature of trade' appearing in the definition of 'business' in section 2(4) of the income-tax act postulates the existence of certain elements in the adventure which in law would invest it with the character of trade or business and that would ..... tulzapurkar, j.1. the question that has been referred to us by the tribunal under section 66(1) of the indian income-tax act, 1922, at the instance of the commissioner of income-tax, bombay city - i, bombay, runs as follows : 'whether, on the facts and in the circumstances of the case, ..... basis of the statement made by bretagne on march 25, 1958. secondly, the circumstances in which bretagne voluntarily made the statement before the income-tax officer also clearly suggest that not much weight could be attached to that statement and the tribunal, in our view, was right in not ..... given sufficient opportunity to cross-examine bretagne on his several conflicting statements was genuine. after considering the remand reports that were submitted by the income-tax officer and after considering the correspondence that was produced on record and the several clauses of the partnerships deed executed on june 6, 1951 ..... return was explained by stating that the partners considered that this sum was a capital accretion and as such would not be taxable. the income-tax officer examined the transaction and after hearing the parties and recording the several statements of bretagne and others and taking them into account he .....

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Dec 09 1975 (HC)

Commissioner of Income-tax Vs. Kothari Auto Parts Manufacturers Pvt. L ...

Court : Mumbai

Decided on : Dec-09-1975

Reported in : [1977]109ITR333(Bom)

..... s.k. desai, j.1. this is a reference made by the income-tax appellate tribunal under section 66(1) of income-tax act. the reference was made at the instance of the commissioner. 2. the assessee is private limited company registered on 19th january, 1959 ..... amendment in 1955. 8. at page 742 of the report, there is a reference to an earlier decision of the supreme court in the case of commissioner of income-tax v. prithvi insurance co. ltd. : [1967]63itr632(sc) in which the test laid down by rowlatt j. in scales v. george thompson & co. ltd ..... attention was also drawn to a decision to a decision of the supreme court of india in the case of produce exchange corporation ltd. v. commissioner of income-tax [1970] itr 739. the appellant-company before the supreme court carried on business as dealer in diverse commodities and and also in stocks and shares. ..... 30,159, and this was returned as the loss for the material assessment. 3. the income-tax officer, however, held that the said loss was not due to the business activities of the company, and the total income was computed at nil. the assessee carried the matter to the appellate assistant commissioner who upheld ..... the conclusion of the income-tax officer and dismissed the appeal. the assessee, thereafter, came in appeal before the tribunal contending .....

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Dec 12 1975 (HC)

Commissioner of Income-tax Vs. Maduri Rajaiahgari Kistaiah

Court : Andhra Pradesh

Decided on : Dec-12-1975

Reported in : [1979]120ITR294(AP)

..... given case the income-tax officer may tax the cash credit entered in the books of account of the business, and at the ..... for the court, ruled thus :' there is nothing in law which prevents the income-tax officer in an appropriate case in taxing both the cash credit, the source and nature of which is not satisfactorily explained and the business income estimated by him under section 13 of the income-tax act, after rejecting the books of account of the assessee as unreliable......... whether in a ..... same time estimate the profit must, however, depend upon the facts of each case...... where there is an unexplained cashcredit, it is open to the income-tax ..... the direction given by this court, the income-tax appellate tribunal, hyderabad bench, submitted under section 256(2) of the i.t. act, 1961, an agreed statement of the case for our opinion on the following question :' whether, on the facts and in the circumstances of the case, the appellate assistant commissioner and income-tax appellate tribunal were justified in holding that .....

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Sep 15 1975 (HC)

Commissioner of Income-tax Vs. C.V.C. Mining Company

Court : Andhra Pradesh

Decided on : Sep-15-1975

Reported in : [1976]102ITR830(AP)

..... of the case, the appellate tribunal was justified in cancelling the penalty of rs. 14,000 levied under section 28(1)(c) of the indian income-tax act, 1922 ?'2. the tribunal cancelled the penalty in the following circumstances: the assessee is a firm carrying on business in mica mining. for the ..... made by him was wrongly or illegally made or was incorrect. lastly, reliance is placed on the decision of the allahabad high court in commissioner of income-tax v. sir shadilal sugar & general mills ltd. : [1972]86itr776(all) . there also there was an admission by the assessee that there were ..... department to adduce evidence to establish deliberate concealment. the next decision relied on by the learned counsel is mahavir metal works v. commissioner of income-tax where the punjab high court dealt with a case in which the assessee had filed a revised return in the course of the assessment proceedings ..... did not admit either the alleged bogus purchases or the exports by others as referable to its own production. in the subsequent year also, the income-tax officer made a similar addition based on the same evidence. but the tribunal sustained an addition of only rs. 35,000 in respect of the ..... proceedings under section 28(1)(c) of the 1922 act on the ground that the income had been concealed. in appeal, the appellate assistant commissioner reduced the total income to rs. 60,000. the department's appeal to the appellate tribunal was unsuccessful. the income-tax officer levied penalty of rs. 14,000. it .....

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