Court : Kolkata
Decided on : Dec-06-1963
Reported in : AIR1965Cal28,58ITR130(Cal)
..... was assessed in the status of unregistered firm without giving the assessee any opportunity of being heard as laid down in the proviso to section 23(4) of the indian-income-tax act. although such a ground was-taken, the appellate assistant commissioner directed the income-tax officer that the application, under section 26-a which was pending before him should be ..... 1949 is to be treated as consisting of two separate orders or not. the real point to consider is whether the third restrictions of section 33-b of the indian income-tax-act has been over stepped or not.'this observation shows that whatever was statedi by the two respective learned judges, ramaswami,. j. and misra j. regarding filing of one appeal ..... year in question is 1956-57 and the corresponding accounting year is the diwali year 2011/12. this partnership firm was registered under section 26a of the income-tax act ever since the assessment year 1946-47. a notice under section 22(2) of the act was served on the assessee on the 26th july 1956. there was no compliance with the notice ..... an appeal under section 30 of the indian income tax act against the claim of the best judgment assessment also combine an appeal against the refusal of registration when the assessment and the refusal are made in the same order under section 23(4) of the income tax act?'the assessee messrs. fuel supply company is a partnership firm carrying on a business in .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-04-1963
Reported in : AIR1964Cal399,68CWN84,53ITR717(Cal)
..... , calcutta. from the deed of partner. ship being annexure a to the original petition under article 226 it transpires that the business of the partnership is to act as brokers in jute only, but the partners may by mutual consent embark upon any new line of business from time to time as they ..... madhya pradesh, reported in : 1scr1440 in support of his contention that the order passed by the commissioner under section 33a (2) of the indian income-tax act is quasi judicial and not administrative. in our opinion that case too does not support the contention of mr. mitra on behalf of the appellant. ..... order to obviate the hardship involved in cases where the stakes were small, the revisional powers of the commissioner were restored by the indian income-tax amendment act, 1941 being act no. 23 of 1941. there is no reason to infer that the legislature intended to confer larger powers on the commissioner for the ..... of the said petition the appellant explained why it was not possible for the appellant either to make an application under section 27 of the indian income-tax act or to prefer an appeal to the appellate assistant commissioner. in paragraph 8 of the said petition it is stated that the appellant is ..... it is to be seen whether the position has in any way been altered as a result of the subsequent amendments of the indian income-tax act. section 33 of the indian income-tax act which was the subject-matter of review in the tribune case, air 1948 p c 102, is now represented by section .....Tag this Judgment!
Court : Guwahati
Decided on : Apr-04-1963
..... manufacture and sale of black tea at the said martycherra tea estate under a partnership. the two petitioners were the sole partners of the firm. the partnership firm was served with a notice under the indian income-tax act by the income-tax officer and was assessed to income-tax for the assessment ..... in the result therefore the assessments made are illegal.i will like to add a few words regarding section 20a of the act. the martycherra tea estate formerly belonged to a partnership firm. it was sold to a company on july 9, 1953. under section 20a (2), where a person discontinues any ..... arose out of proceedings under the indian income-tax act. section 34 of the indian income-tax act, as it stood at that time was as follows :"if for any reason income, profits or gains chargeable to income-tax ..... whole income will be regarded as agricultural income, inasmuch as the entire income derived by agriculture is defined to be agricultural income under the indian income-tax act, and thus the entire income may be liable to pay agricultural income-tax. the income-tax department, on the other hand, may ..... what the agricultural income-tax officer does under section 20 (4) is to quantify the amount of tax and thus the authorities under the indian income-tax act are of no assistance.the advocate-general, however, strongly relied upon the case of rajendranath mukherjee v. commissioner of income-tax. this case .....Tag this Judgment!
Court : Mumbai
Decided on : Jul-25-1963
Reported in : (1963)65BOMLR859; 53ITR536(Bom); 1964MhLJ45
..... who were referred to in the arguments before us as the kamptee firm. they had also admitted to the benefits of the partnership three minor members of their family. this firm was known as 'r. b. bansilal abirchand firm, kamptee'. we shall refer to it hereafter as the assessee or ..... were decided upon facts which were wholly different. in income-tax appellate tribunal v. b. p. byramji & co. the assessee had been assessed under the finance act of 1938, whereas in the proceedings commenced by the notice under section 34 subsequently the same assessee was sought to be reassessed on the short ground that he should ..... in any year, or have been under-assessed or have been assessed at too low a rate, or have been the subject of excessive relief under this act, the income-tax office may, in any case in which he has reason to believe that the assessee has concealed the particulars of his income or deliberately ..... kotval, j. 1. we are concerned in this reference with a notice issued under section 34(i)(b) of the indian income-tax act whereby the department sought to bring to tax an amount of rs. 5,10,788 paid as interest in the assessment year 1947-48. the ..... circumstances in which the notice came to be issued may be briefly stated as follows : 2. the assessee is a partnership consisting of four partners (the four daga brothers) .....Tag this Judgment!
Court : Chennai
Decided on : Oct-11-1963
Reported in : (1964)1MLJ3
..... of income-tax : 40itr135(sc) . in that case the facts were these. the cotton agents, ltd., bombay, a limited liability company, registered under the indian companies act, was the assessee. the assessment year was 1946-47 and the accounting year was the year ending with diwali, 1945 (october 18, 1944 to november 4, 1945). ..... year, viz., 31st march, 1953. if it can be said that the income accrued or arose to the assessee on 31st march, 1953, a subsequent act of waiver would mean nothing and would leave the assessee's liability to tax unaffected. the tax is attracted at the moment when the income accrues or ..... right to the amount of rs. 72,315. evidence of this act of waiver is furnished by the following resolution passed at the directors' meeting of the company held on 13th december, 1953.resolved that the action of ..... question set out above has been referred at the instance of the assessee on an application preferred to this court under section 66(2) of the act.8. it seems to be clear that the assessee's only contention before the department and the tribunal was based upon the alleged waiver of its ..... of the indian income-tax act:whether on the facts and in the circumstances of the case the tribunal was justified in sustaining the inclusion of the sum of rs. 72,315 in the assessable income of the assessee for the assessment year 1953-54 2. the assessee is a firm of partnership carrying on .....Tag this Judgment!
Court : Chennai
Decided on : Oct-11-1963
Reported in : 53ITR559(Mad)
..... agents ltd. v. commissioner of income-tax in that case the fact were these. the cotton agents ltd. bombay, a limited liability company, registered under the indian companies act, was the assessee. the assessment year was 1946-47 and the accounting year was ending with diwali, 1945 (october 18, 1944, to november 4, 1945). ..... viz, march 31, 1953. if it is can be said that the income accrued or arose to the assessee on march 31, 1953, a subsequent act of waiver would mean nothing and would leave the assessees liability to tax unaffected. the tax is attracted at the moment when the income accrues or arises ..... the amount of rs. 72,315. evidence of this act of waiver is furnished by the following resolution passed at the directors meeting of the company held on december 13, 1953.'resolved that the action of ..... question set out above has been referred at the instance of the assessee on an application preferred to this court under section 66(2) of the act.it seems to be clear that the assessees only contention before the department and the tribunal was based upon the alleged waiver of its right to ..... of the indian income-tax act :'whether, on the facts and in the circumstances of the case, the tribunal was justified in sustaining the inclusion of the sum of rs. 72,315 in the assessable income of the assessee for the assessment year 1953-54 ?'the assessee is a firm of partnership carrying on business .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-14-1963
Reported in : AIR1963Cal389,54ITR286(Cal)
..... the order of the additional member, board of revenue, dated the 21st april, 1960 in certain certificate proceedings under the bengal public demands recovery act initiated against the petitioner.2. the petitioner is a registered partnership firm consisting of four partners. on 25th august, 1954 the petitioner firm was assessed to excess profits tax in respect of its accounting year ending ..... constitution which is involved in this case and the question of the legislative practice prevailing in obtaining the previous sanction or the governor-general under section 5 of the indian councils act, 1892 (and?) in obtaining the assent of the president under article 254(2) of the constitution to the passing or the amending west bengal ..... objection on 4th february, 1957. the certificate officer, however, rejected this objection. against the said order the petitioner preferred an appeal under section 51 of the bengal public demands recovery act before the learned commissioner, presidency division. but on 18th april, 1958 the commissioner dismissed the appeal summarily. against tnat judgment the petitioner on 26th may, 1958 tiled an application ..... 31st march, 1942. a notice of demand under section 29 of the indian income-tax act read with section 21 of the excess profits tax act, 1940 and dated the 3rd .....Tag this Judgment!
Court : Allahabad
Decided on : Sep-02-1963
Reported in : 15STC116(All)
..... of the u. p. sales tax act, hereinafter referred to as the act (which is analogous to section 31 of the indian income-tax act, 1922) and rule 68(5) of the u. p. sales tax rules, hereinafter referred to as the rules.3. the petitioner is a partnership firm carrying on business of fabricating and ..... framed by the tribunal in exercise of its authority under section 5a(8) of the indian income-tax act, 1922 a division bench of this court after reproducing section 33, sub-clause (4), of the income-tax act which gives the tribunal the power to pass such orders thereon as it thinks fit, ..... the two cases are wholly incompatible, divergent and different.18. the word 'confirm', prim a facie, connotes the application of the mind and not merely an act which can be automatically performed in the absence of a particular party. in corpus juris secundum, vol. xv, the word 'confirm' in the present tense ..... the tribunal shall submit its award to the government necessarily contemplates the making of the award. neither section 6 nor any other provision in the act provides ho the award is to be made. under section 3(g) however the government has power by general or special order to provide for ..... attempted to be distinguished by mr. gopi nath, the learned junior standing counsel for the department on the ground that section 139 of the english act which was under consideration there had specifically provided for the issue, of the precept to the appellant by the special commissioners. before whom the appeal was .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-23-1963
Reported in : 53ITR63(Bom)
..... therefore was not liable to be taxed in the hands of the assessee family. the arguments is founded on the provisions of clause (a) of section 13 of the partnership act which provides : 'subject to contract between the partners - (a) a partner is not entitled to receive remuneration for taking part in the conduct of the business.' ..... joint family funds, the salary obtained by a member in his capacity as a servant of the indian civil service belonged to the hindu undivided family. here, but for the funds of the hindu undivided family marotirao would not have been able to be a ..... in this view of the matter the tribunal dismissed the appeal. the application made by the assessee under sub-section (1) of section 66 of the indian income-tax act failed and on an application made to this court under sub-section (2) of section 66 the tribunal on drawing up a statement of the case ..... passed and the question that was being considered was whether the salary earned by a member of an undivided hindu family as servant in the indian civil service enured for the benefit of the hindu undivided family. it was held that as education was obtained with the aid of the ..... tambe, j.1. on requisition made by this court under sub-section (2) of section 66 of the indian income-tax act (hereinafter referred to as the act), the income-tax appellate tribunal, bombay, has submitted a statement of the case and referred to this court the following question of law arising out .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Sep-06-1963
Reported in : AIR1964AP342; 54ITR643(AP)
..... income of the individual; but the section does not prevent the husband or the father, as the case may be from debiting against them in the partnership accounts that part of the tax referable to the share or shares of their income.'this passage emphasises the principle that what is taxed under section 64 ..... mother or father, as the case may be, could include for purposes of assessment the income of her or his minor child admitted to the benefits of partnership in a firm of which such individual is a partner.13. the question for consideration is whether such a provision could be legally enacted in other words ..... a business in which such individual is a partner; ii) to a minor child of such individual from the admission of the minor to the benefits of partnership in a firm in which such individual is a partner; iii) subject to the provisions of clause (i) of section 27, to the spouse of such ..... 3) was introduced as a result of the report of the income tax enquiry committee, 1936, which was given effect to in section 2 of the indian income tax (amendment) act (iv of 1937). we will presently refer to the reasons that induced that committee to make such recommendation.9. before proceeding further with the legislative ..... husband is a partner (ii) from the admission of the minor to thebenefits of partnership in a firm of which such individual is a partner; x x x8. it is pertinent to state here that in the original act as passed in 1922 there was no provision for clubbing the income of either the .....Tag this Judgment!