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Judgment Search Results Home > Cases Phrase: income tax act Year: 1975 Page 1 of about 800 results (0.084 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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Jul 09 1975 (HC)

Commissioner of Income-tax, Bombay City Ii Vs. Babulal Narottamdas, Le ...

Court : Mumbai

Decided on : Jul-09-1975

Reported in : [1976]105ITR721(Bom)

..... claim the amount and until such hurdle or obstacle was removed by a final decision of the high court it cannot be said that income accrued to narottamdas from year to year. 5. under the income-tax act, income is taxable when it accrues, arises or is received, or when it is by fiction deemed to accrue, arise or is deemed ..... or the liability to be a liability is not sufficient to make the profit to accrue or the liability to be incurred for the purposes of the income-tax act. this was also a case where a controversy existed between the person making a claim and the person who was liable to make the payment. we ..... was disputed by the partner who had effected the sale. the division bench of this court took the view that the scheme of the income-tax act shows that only those sums were taxable which accrued as income, i.e., they must have actually accrued or arisen. no amount can be said to accrue unless it was dully due. a ..... to be received. receipt is not the only test of chargeability to tax; if income accrues or arises it may become liable to tax. income is said to be received when it ..... kantawala, c.j.1. at the instance of the revenue under section 66(1) of the indian income-tax act, 1922, the following question is referred to us for our determination : 'whether, on the facts and and in the circumstances of the case, the sum of .....

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Dec 10 1975 (HC)

Commissioner of Income-tax Vs. Simmonds Marshall Ltd.

Court : Mumbai

Decided on : Dec-10-1975

Reported in : [1977]106ITR374(Bom)

..... locking nuts used in various industries. it is an industrial undertaking and it is not disputed that, under section 84 of the income-tax act, 1961, it is entitled to a rebate of tax on profits not exceeding 6 per cent. annum on the capital employed in the undertaking. for that purpose, the capital employed ..... vimadalal, j.1. this is a reference at the instance of the commissioner under section 256(1) of the income-tax act, 1961, relating to assessment years 1962-63 and 1963-64. the assessee-company is engaged in the business of manufacture and sale ..... submitted for our opinion : 'whether, on the facts and in the circumstances of the case, in computing the capital in accordance with rule 19 of the income-tax rules, 1962, the nominal amounts of the debts, or their average values, should be taken into consideration ?' 3. there can be no doubt and, indeed ..... . as far as the appeal relating to assessment year 1962-63 was concerned, the appellate assistant commissioner who heard it agreed with the view of the income-tax officer. as far as the appeal relating to assessment year 1963-64 was concerned, the appellate assistant commissioner who heard it, however, took the contrary ..... in an industrial undertaking has to be computed under rule 19 of the income-tax rules, 1962, which is in the following terms : '19. computation of capital employed in an industrial undertaking or a hotel. - (1) for the purpose .....

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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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