Court : Kerala
Decided on : Jul-18-1960
Reported in : AIR1961Ker315
..... assessment order on 23-12-1954 under section 23(3) of the income-tax act, 1922 determining the total income of the partnership firm at rs. 3,86,669/- the petitioner's share of the income being rs; 1,93,334/-. on appeal by the ..... the supreme court in t. k. musaliar v. venkitachalam, (s) air 1956 sc 246. that was a case where a petition was filed against the indian income-tax investigation commission having its office in new delhi and the official authorised by the commission to work in travancore under section 6 of the travancore taxation ..... -1957 informing him that 'according to the present policy of the government of india, indian citizens are not allowed to go to goa.' the said order is marked as ext. p9. on account of the above prohibitions and restrictions all the petitioner ..... request. true copies of the said letter and reply are marked ex. p8 series.the government of india have also imposed restrictions and prohibitions regarding travel of indian citizens to goa. on applying to the government of bombay state, for travel facilities to goa, the petitioner got a reply from them on 19-1 ..... the business in goa and had to leave large assets and amounts belonging to the business at goa without being able to take them over to the indian territories,2. for the assessment year 1950-51 corresponding to the account year ending on the 31st march 1950 the income-tax officer, bombay passed an .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Feb-18-1960
Reported in : AIR1960AP612; 40ITR195(AP)
..... view of the calcutta high court in income-tax referred case 38 of 1952 (cal) that:'the profits which have come to the assesses from the partnership firm have come as net profits and after they have so come, there cannot be any further deduction on account of expenditure incurred not even by the ..... of an individual only after allowing the justifiable deduction, i. e., expenses incurred for the purpose of earning that income. surely, in order to invest money in partnership, it a partner has to borrow money, he has necessarily to pay interest thereon and that could not be left out of account. in our opinion, the ..... real taxable income of a partner is what tie receives from the partnership and other sources minus what he has to expend in order to gain it.9. it is this principle that is embodied in section 10 of the ..... order to appreciate the point involved in this reference, it is useful to read the relevant sections of the act. section 23(5)(a), which provides the basis for the determination of the profits of a partnership as also the distribution thereon amongst the various partners, in so far as it is relevant for this enquiry, ..... share in the profits of the firm known as m/s. navayuga films, the tribunal complied with this request under section 66(1) of the indian income tax act.5. the principal point for consideration is whether section 23(5) precludes such a deduction being allowed and whether section 10(2)(iii) of the income .....Tag this Judgment!
Court : Kerala
Decided on : Jul-29-1960
Reported in : AIR1961Ker321; 1961CriLJ771
..... no. 80/1955, which is pending adjudication before the subordinate judge of tellicherry, and an interlocutory order had in the case been passed for production of the accounts of the partnership, of which the petitioner and the plaintiff in the case were partners.the petitioner claims to have, in compliance, produced account books in his possession of the aforesaid ..... partnership, that had been dissolved in 1953; and further avers that he was on october 21, 1959, summoned in the case to produce discharged bundles and some other account books relating ..... court: but the plaintiff of the civil suit filed a complaint before the district magistrate, sri v. t. chacko, complaining of offences under sections 406, 204 and 417 of the indian penal code, against the petitioner.the complainant prayed for search of the petitioner's office and premises for the recovery of any books and papers, that may be found there .....Tag this Judgment!
Court : Chennai
Decided on : Feb-16-1960
Reported in : AIR1961Mad21; 39ITR660(Mad); (1961)1MLJ107
..... adverted to by bajpai j. in 1940-8 itr 187 at p. 213: (air 1940 all 154 at p. 167) (fb):"the object of the indian act is to the tax in come, a term which it does not define. it is expanded no doubt into income, pfotits and gains. but the expansion is ..... a hobby, to the assessee. the assessee appeared before me and in a sworn statement declared that he owns four horses at present solely and 3n partnership with others. these horses are trained at madras and bangalore by trainers appointed by the assessee. the assessee also keeps a sort of race book showing ..... horses in those races. subsequently he acquired horses of his own which he entered for some of the races. some of these horses he owned in partnership with others. when exactly the assessee started entering his horses for races is not clear. the racing horses of course were left in charge of the ..... more a matter of words than of sub stance. income their lordships think under this act connotes periodical monetary return coming in with some sort of regularity or accepted regularity from definite sources. the source is not necessarily one which is expected to ..... certainly not elaborate. the tribunal should certainly have been aware of the difference between the several heads of income listed in section 6 of the income-tax act. these heads are mutually exclusive. the department treated the income as falling under the head "business" of which the tribunal was conscious. that was set .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1960
Reported in : AIR1961SC609; 41ITR425(SC); 2SCR765
..... shall, so far as may be, apply to any such assessment.' 4. that the business of the firm was discontinued because of the dissolution of the partnership is not disputed. it is urged however that a proceeding for imposition of penalty and a proceeding for assessment of income-tax are matters distinct, and ..... of income tax : 31itr867(ap) , in which it was held that an order imposing penalty under section 28(1)(c) of the indian income tax act upon a hindu joint family after it had disrupted, and the disruption was accepted under section 25a(1) is invalid, because there is a lacuna in ..... , j. 1. c. a. abraham hereinafter referred to as the appellant, and one m. p. thomas, carried on business in food grains in partnership in the name style of m. p. thomas & company at kottayam. m. p. thomas died on october 11, 1949. for the account years 1123 ..... council observed : 'one of the peculiarities of most income-tax acts is that the word 'assessment' is used as meaning sometimes the computation of income, sometimes the determination of the amount of tax payable and sometimes the whole ..... but the expression 'assessment' used therein does not merely mean computation of income. the expression 'assessment' as has often been said is used in the income tax act with different connotations. in commissioner of income tax, bombay presidency & aden v. khemchand ramdas  6 i.t.r.414 the judicial committee of the privy .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-14-1960
Reported in : AIR1960SC1172; (1961)63BOMLR197
..... that the intention of the legislature was to hit combinations of individuals who were engaged together in some joint enterprise but did not in law constitute partnerships....when we find, ....that there is a combination of persons formed for the promotion of a joint enterprise.....then i think no difficulty arises whatever ..... findings it cannot be held that the three widows had the status of an association of persons within the meaning of section 3 of the indian income-tax act. 15. the high court correctly answered question no. 3 in the negative. accordingly, the appeals fail and are dismissed with costs. there will ..... conclusion can be drawn or not. 13. learned counsel for the appellant has suggested that having regard to section 3 and 4 of the indian income-tax act, the real test is the existence of a common source of income in which two or more persons are interested as owner or otherwise ..... that the widows in this case did not exercise their right to separate possession and enjoyment and 'they chose to manage the property jointly, each acting for herself and the others and receiving the income of the property which they were entitled to enjoy in equal shares'. learned counsel for the ..... property ought to have been assessed separately on the hands of the three widows by reason of the provisions in section 9(3) of the income-tax act, 1922. the appellate assistant commissioner rejected point (a) but accepted point (b). then, there was a further appeal to the income-tax appellate tribunal .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-14-1960
Reported in : 39ITR546(SC); 3SCR513
..... be that the intention of the legislature was to hit combinations of individuals who were engaged together in some joint enterprise but did not in law constitute partnership....... when we find......that there is a combination of persons formed for the promotion of a joint enterprise......then i think no difficulty arises in the ..... these findings it cannot be held that the three widows had the status of an association of persons within the meaning of s. 3 of the indian income-tax act. 16. the high court correctly answered question no. 3 in the negative. accordingly, the appeals fail and are dismissed with costs. there will be ..... conclusion can be drawn or not. 14. learned counsel for the appellant has suggested that having regard to sections 3 and 4 of the indian income-tax act, the real test is the existence of a common source of income in which two or more persons are interested as owner or otherwise and ..... local authority, and of every firm and other association of persons or the partners of the firm or members of the association individually.' 10. by the same amending act (act vii of 1939) sub-s. (3) of s. 9 was also added. 11. now, s. 3 imposes a tax 'in respect of the total ..... that the widows in this case did not exercise their right to separate possession and enjoyment and 'they chose to manage the property jointly, each acting for herself and the others and receiving the income of the property which they were entitled to enjoy in equal shares.' learned counsel for the appellant .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-10-1960
Reported in : AIR1961Kant106; AIR1961Mys106
..... the finding is given by the tribunal, be disqualified for voting at an election. it may also be pointed out that this has been constituted an offence under the indian penal code, the offence being one under section 171 which is the section defining 'bribery', and the punishment for this offence which is laid down in section 171 ..... parliamentary constituency is not such as to merit acceptance. now,the delimitation of the parliamentary constituencies were made under the provisions of section 47(2) oe the states reorganisation act, 1956, by the delimitation commission appointed for that purpose. after the delimitation of the parliamentary constituencies was made by that commission, an order intituled the delimitation of parliamentary ..... compelling persons to stand as candidates and thereby bringing about their ruination, and of having masqueraded as congressmen by wearing khadar cups and thereby deceiving the ignorant. those acts were described as political prostitution. it also said in that editorial that the candidate for the koppal parliamentary constituency was one who had fallen from a certain standard, ..... meeting, which might also constitute undue influence within the meaning of clause (2) of section 123, an electoral offence. further, under the provisions of section 141 of the act, candidates committing corrupt practices are statutorily eliminated from public life for a specific period. 35. having regard to the grave consequences emanating from the commission of a corrupt practice, .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Dec-19-1960
Reported in : AIR1961AP341
..... no hesitation in rejecting this contention so far as the period during which the petitioner himself ran the mill and the period during which he ran it in partnership with another.the petitioner contends however that during tho period 1-10-1954 to 30-9-1955 he had leased out the mill to respondent no. 3 ..... to 30-9-1952 the said mill was being run by the petitioner. from 1-10-1952 to 30-9-1954 the said mill was being run in partnership with respondent no. 2, who was the managing partner and was actually in charge of the running of the mill and the maintenance of tho accounts. ..... on the petitioner calling upon him to pay a sum of rs. 8,633-10-0 as the oil seeds cess under the indian oil seeds committee act (act ix of 1946) (hereinafter referred to as act) for the period beginning from 1-4-1950 to 30-9-1955. the peti-tioner sent letters to the 1st respondent denying ..... counsel contends that reading sections 10 and 11 together there is no power to make an assessment for a period exceeding one month. in our opinion the act prescribes no period of limitation for an assessment to be made by the collector. a similar contention was raised before the madras high court in a case ..... liability to pay the amount of demand.the petitioner thereafter filed an application c. m. p. no. 46/2/56 under section 12 (1) of the act for cancellation of the assessment. the learned district judge rejected the contentions of the petitioner. he however directed the central excise department to modify the demand so as .....Tag this Judgment!
Court : Kerala
Decided on : Oct-18-1960
Reported in : AIR1961Ker130
..... firm without the consent of his co-partners, but the purchaser at the execution sale acquires the interest sold, with the right to have the partnership accounts taken in order to ascertain and realize its value,it seems to their lordships that the same principle may and ought to be applied ..... distinction may, and in some cases does, exist between them. it is sufficient to instance the seizure and sale of a share in a trading partnership at the suit of a separate creditor of one of the partners. the partner could not himself have sold his share so as to introduce a ..... .the power of voluntary alienation is not an inevitable corollary of the right to compulsory partition. the statement that the purpose of the madras marumakkathayam act, 1932, was to assimilate the marumakkathayam law as far as possible to the position under the mithakshara law also does not appear to be justified ..... it indirectly by importing into it an implied declaration of intention to divide''.11. in 34 cochin 522 (fb), section 38 of the madras marumakkathayam act, 1932, came up for specific consideration. the court surveyed the madras and cochin cases and said ;'so far as the division claimable by a thavazhi ..... (air 1961 kerala 105), a full bench of this court adopted the unanimous view of the indian high courts in respect of compulsory alienations under the hindu law in a case governed by the travancore kshatriya act of 1108. the question of voluntary alienations of undivided shares did not arise for decision in that .....Tag this Judgment!