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Judgment Search Results Home > Cases Phrase: income tax act Year: 1975 Page 6 of about 800 results (0.091 seconds)

Dec 05 1975 (SC)

Ajantha Industries and ors. Vs. Central Board of Direct Taxes, New Del ...

Court : Supreme Court of India

Decided on : Dec-05-1975

Reported in : AIR1976SC437; [1976]102ITR281(SC); (1976)1SCC1001; [1976]2SCR884; 1976(8)LC157(SC)

..... for which the order should be held to be invalid.5. section 5(7a) was the corresponding section in the income-tax act, 1922 (briefly the old act). the section may be set out:the commissioner of income-tax may transfer any case from one income-tax officer subordinate to him to another, and the central board of revenue may transfer any case from any one ..... , & shall not render necessary the re-issue of any notice already issued by the income-tax officer from whom the case is transferred.the successor section under the income-tax act, 1961 is section 127 and the same may be set out:transfer of cases from one income-tax officer to another:(1) the commissioner may, after giving the assessee a reasonable opportunity of ..... for facility of investigation' from the respective income-tax officer at nellore to the income-tax officer, b ward, special circle ii, hyderabad. by this notice they ..... that firm. they are assessees under the income-tax act their assessments have been made for a number of years in nellore district in the usual course. on january 23, 1973, the central board of direct taxes (briefly the central board) sent a notice to (the appellants under section 127 of the income-tax, act, 1961 (briefly the act) proposing to transfer their case files ' .....

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Oct 06 1975 (SC)

Surjit Lal Chhabda Vs. the Commissioner of Income Tax, Bombay

Court : Supreme Court of India

Decided on : Oct-06-1975

Reported in : AIR1976SC109; [1975]101ITR776(SC); (1976)3SCC142; [1976]2SCR164

..... least two male members to form a hindu undivided family as a taxable entity also has no force. the expression 'hindu undivided family' in the income-tax act is used in the sense in which a hindu joint family is understood under the personal law of hindus. under the hindu system of law a ..... the male issue only females who come in only as heirs to obstructed heritage (sapratibandha daya) cannot be coparceners. but we are concerned under the income-tax act with the question whether the appellant's wife and unmarried daughter can with him be members of a hindu undivided family and not of a coparcenary. ..... qua him and his male issue.12. it is true that the appellant cannot constitute a coparcenary with his wife and unmarried daughter but under the income-tax act a hindu undivided family, not a coparcenary is a taxable unit. a hindu coparcenary is a much narrower body than the joint family. it includes ..... as bound by the interpretation put in kalyanji's case on the expression 'hindu undivided family' as employed in section 55 of the indian income-tax act and observed that the facts of the case were not materially different from the facts of kalyanji's case . the privy council therefore answered the ..... joint family may consist of a single male member and widows of deceased male .members, and apparently the income-tax act does not indicate that a hindu undivided family as an assessable entity must consist of at least two mala members.n.v. narendranath v. commr. .....

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Mar 25 1975 (HC)

Sriniwas Pandit Vs. S. Jagjeet Singh Sawhney and anr.

Court : Delhi

Decided on : Mar-25-1975

Reported in : [1976]104ITR20(Delhi)

..... the code to attach any balance which may be payable to the two judgment-debtors aforementioned under the provision of rule 8 of schedule ii of the income-tax act, 1961. thus, the application of the union of india stands accepted and the application of the decree-holder in e.a. no. 791 of 1975 ..... urged by the learned counsel for the decree-holder that the provisions of rule 16 and in fact almost all the provisions of schedule ii of the income-tax act, 1961, are ultra virus of the constitution and particularly articles 19(1)(f) and (g) of the constitution. as this is not a point ..... selling property no. 152/48, situated at diplomatic enclave, malcha marg, new delhi, because of the issue of the notice by the tax recovery officer under schedule ii of the income-tax act, 1961, to the judgment-debtors and the subsequent attachment of that property by that officer, and, thereforee, this property can be sold ..... claim to execute his decree when further execution of the decree is to be stayed. the provisions of schedule ii of the income-tax act, 1961, indicate the manner in which a tax recovery officer has to proceed to make recoveries, and also indicate the procedure which is to be followed by him in disbursing ..... already pending in this court. to my mind there is no doubt that after a notice has been issued by the tax recovery officer under rule 2 of this schedule of the income-tax act, then the intention of the rule is to prevent the court issuing any process for execution a money-decree against .....

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Sep 17 1975 (HC)

Commissioner of Agrl. Income-tax Vs. Vellimala Estate

Court : Kerala

Decided on : Sep-17-1975

Reported in : [1977]110ITR372(Ker)

..... in view of the defective findings of the tribunal. the tribunal will dispose of the appeal before it after rehearing it as envisaged by section 60(6) of the agricultural income-tax act, 1950, in the light of the observations in this judgment. there will be no order as to costs. 8. a copy of this judgment under the seal of the high ..... has not considered all appropriate provisions of the statute applicable thereto. it will be open to the tribunal to dispose of the appeal under section 66(5) of the indian income-tax act, 1922, in the light of the observations made by this court after determining the questions which ought to have been decided.'6. this court has followed these decisions in i ..... . 18 lakhs paid by the respondent-company to the managing agents on the termination of the managing agency agreement was an admissible deduction under section 10(2)(xv) of the income-tax act. after recording a clear finding on the question, the appellate tribunal will finally dispose of the appeal. '5. the same view has been taken by the supreme court in the ..... govindan nair, c.j.1. the question referred by the kerala agricultural income-tax appellate tribunal for the assessment year 1967-68 under the agricultural income-tax act, 1950, is in these terms : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the amount of rs. 4,322.36 .....

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Jun 30 1975 (HC)

income-tax Officer, Assessment V Vs. Smt. N.K. Sarada Thampatty

Court : Kerala

Decided on : Jun-30-1975

Reported in : [1976]105ITR67(Ker)

..... ]72itr664(ker) . 14. learned counsel on behalf of the revenue referred to certain observations made by shah j. in regard to section 25a of the indian income-tax act, 1922, in his judgment in additional income-tax officer v. a. thimmayya, : [1965]55itr666(sc) . the passage relied on is in these terms : 'the scheme of section 25a is, therefore, clear : a hindu undividedfamily ..... difference between section 29(1) of the agricultural. income-tax act, 1950, and section 25a of the indian income-tax act, 1922. though there is difference in the wording between section 171 of the act and section 25a of the indian income-tax act, 1922, in substance and effect, section 171 of the act is the same as section 25a of the indian income-tax act, 1922. in all the three cases, a ..... appeal. 21. the point is not at all free from difficulty. as we said earlier, though a number of decisions have been rendered on section 25a of the indian income-tax act, 1922, no case has been brought to our notice which specifically dealt with the aspect that we have considered. we, therefore, direct the parties to bear their respective costs. ..... gains of the previous year.' 9. section 29(1) of the kerala agricultural income-tax act, 1950, is a similar section. in fact, the only material distinction between sections 29(1) and 25a of the indian income-tax act, 1922, is that the section in the agricultural income-tax act, 1950, as amended by act 12 of 1964, permitted an assessment being made under that section on a hindu .....

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Oct 30 1975 (HC)

Govindji and Bros. (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Oct-30-1975

Reported in : [1976]105ITR688(Ker)

..... 1968-69 as shown below : asst. yearamount of loss brought forwardand set offrs.asst. year 1963-6441,738asst. year 1964-653,37945,117 the additional commissioner of income-tax, acting under section 263 of the income-tax act, 1961, called for and examined the records of the proceedings. he issued notice to the assessee to show cause why the assessment order for 1968-69 should not ..... and set off. on appeal by the assessee, the tribunal confirmed the above direction of the additional commissioner. we shall now read the relevant portion of section 72 of the income-tax act: '72. (1) where for any assessment year, the net result of the computation under the head 'profits and gains of business or profession' is a loss to the assessee, not ..... unchallenged facts, is the inference that the tribunal itself has drawn. (see aluminium corporation of india ltd, v. commissioner of income-tax, : [1972]86itr11(sc) , commissioner of income-tax v. manna ramji and co., : [1972]86itr29(sc) and rameshwar prasad bagla v. commissioner of income-tax, : [1973]87itr421(sc) ). in the result, we answer the question referred to us in the negative, that is, in favour ..... kochu thommen, j. 1. the question which has been referred to us by the income-tax appellate tribunal, cochin bench, is as follows :'whether, in the facts and circumstances of the appellant's case, the appellate tribunal ought not to have come to the conclusion that .....

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Dec 01 1975 (HC)

R. Madhavan Nair Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Dec-01-1975

Reported in : [1976]105ITR813(Ker)

..... in respect of a ship, machinery or plant installed after the 31st day of december, 1957, in any assessmentyear under section 33 or under the corresponding provisions of the indian income-tax act, 1922 (11 of 1922), and subsequently- (i) at any time before the expiry of eight years from the end of the previous year in which the ship was ..... referred to this court under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the following question : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the income-tax officer had jurisdiction to act under section 147(b) also although the act makes a specific provision under section 155(5) for ..... not a purpose of the business of the undertaking ; the development rebate originally allowed shall be deemed to have been wrongly allowed, and the income-tax officer may, notwithstanding anything contained in this act, recompute the total income of the assessee for the relevant previous year and make the necessary amendment; and the provisions of section 154 shall, so far as may ..... 'enquiry' it will constitute 'information in his possession' warranting the initiation of proceedings under section 147(b) of the act has been held by this court in commissioner of income-tax v. kelukutty, : [1972]85itr102(ker) . the action taken by the income-tax officer under section 147(b) to make a reassessment by withdrawing the development rebate which had been wrongly allowed to the .....

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Nov 28 1975 (HC)

Kerala Tile and Clay Works Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Nov-28-1975

Reported in : [1976]104ITR597(Ker)

..... and is not a penalty for an offence as understood in criminal law. the nature of the penalty provision contained in chapter 21 of the income-tax act arose for consideration before a full bench in commissioner of income-tax v. gujarat travancore agency, : [1976]103itr149(ker) .. it has been observed that only if mens rea is established the violation will amount to an offence ..... viswanatha iyer, j. 1. the following two questions are referred for a decision by this court under section 256(2) of the income-tax act, 1961 :'1. whether, on the facts and circumstances of the case, the income-tax officer is justified in law in imposing a penalty under section 271(1)(a)for failure to file the return in time as required in section 159 ..... , it is legal on the part of the income-tax officer to impose two penalties for the sameoffence, namely, delay in filing the return of income as required under section 139(1)(iii) of the income-tax act, 1961 ?' 2. the assessee is a partnership concern whose accounting year ended on 31st march, 1962, for the ..... (1), afterimposing penal interest under section 139(1)(iii) of the income-tax act,1961? 2. whether, on the facts and circumstances of the case .....

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Dec 22 1975 (HC)

Commissioner of Income-tax, Gujrat Vs. Cotton Fabrics Ltd.

Court : Gujarat

Decided on : Dec-22-1975

Reported in : [1976]104ITR233(Guj)

..... interpretation of the question before us as made by the calcutta high court and no useful purpose will be served by our referring to all the provisions of the english income tax act and the different decisions which are exhaustively dealt with in the calcutta high court judgment. we agree with the reasoning of the learned judges of the calcutta high court who ..... the lines that we have in india. in the english statute there is no provision corresponding to the provision of the indian income-tax act which specifically provides that amounts deducted from the dividend income of a member will constitute payment of income-tax by the member. unlike the position in india, the amounts so deducted by companies are not made over to the revenue authority ..... assessment year 1964-65 and the facts leading to this reference are few. the assessee is a limited company. it derived income mostly from dividend and interest. in the original assessment the income-tax officer allowed double tax relief under section 91 of the income-tax act, 1961, to the extent of rs. 9,497. out of this relief, an amount of rs. 8,870 was in ..... assessed in the said country.' 8. it may be pointed out that under the indian income-tax act, 1922, section 49d, which was introduced in the act with effect from april 1, 1952, by section 24 of the indian income-tax (amendment) act, 1953, was equivalent to section 91 of the act of 1961 and the explanation, clause (iii), of section 49d was in identical terms as the .....

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Oct 06 1975 (HC)

Commissioner of Income-tax, Gujarat Iii Vs. Arvind Narottam Lalbhai Da ...

Court : Gujarat

Decided on : Oct-06-1975

Reported in : [1976]105ITR378(Guj)

..... present reference. this property, 3, gun foundry road, was not in the occupation of a tenant within the meaning of those words in the proviso to section 23 if the income-tax act, 1961. we have already discussed the finding on record that the property was not let at the relevant time. that finding binds us. besides, the facts show, as we have ..... purpose of the capital gains, the fair market value as on january 1, 1954, of rs. 670 per share should be substituted as cost under section 55(2) of the income-tax act, 1961. ultimately, what the assessee was claiming was that the market value of 620 shares at rs. 670 per share as on january 1, 1954, was rs. 4,15,400 ..... . 8. in order to appreciate the rival contentions it is necessary to set out in verbatim the provisions of sections 22 and 23 of the income-tax act, 1961, since they relate to income from house property. under section 22, income from house property is to be calculated in the following manner : 'the annual value of property consisting of any buildings or lands appurtenant thereto ..... calcutta high court has observed at page 477 of the report : 'we shall dispose of the question of municipal taxes as deductions at this stage. the relevant provision which governs this question of municipal tax deduction is the proviso to section 23 of the income-tax act, 1961, whose crucial expression is 'provided that where the property is in the occupation of a tenant'. it .....

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