Court : Rajasthan
Decided on : Dec-22-1973
Reported in : 1973(6)WLN649
..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income tax act, 1922 (hereinafter called 'the old act') and because as the assessees failed to comply with the said provisions and did not submit, the estimate of advance tax ..... is completed on or after the 1st day of april. 1962 may be initiated and any such penalty may be imposed under this act (new act) in our opinion once the challenge of discriminaton in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after the ..... income tax appellate tribunal, bench 'b' by its order dated march 21, 1969. has referred under section 256(1) of the income tax act, 1961, the following question for answer, namely:whether on the facts and in the circumstances of the case, the tribunal was right in holding that ..... act, 1922 2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas, pradeepkumar and mukandas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....Tag this Judgment!
Court : Jammu and Kashmir
Decided on : Apr-30-1973
Reported in : 107ITR409(J& K)
..... assessee was in default in not having filed a return of its income pursuant to a notice under section 22(2) of the indian income-tax act, 1922, hereinafter called as the 'old act', reduced the amount of penalty from rs. 26,335 to rs. 16,925. the facts which give rise to the question ..... constitute a valid and a legal service of the notice under section 22(2) of the income-tax act.9. the next contention of mr. randhawa was that the indian income-tax act, 1922, was repealed by the act of 1961. the assessment in the present case was made on november 20, 1962, a date ..... , nellore : 35itr388(sc) , where their lordships of the supreme court observed as under :'the notice prescribed by section 34 of the income-tax act for the purpose of initiating reassessment proceedings is not a mere procedural requirement; the service of the prescribed notice on the assessee is a condition precedent to the ..... the assessee appeared before the income-tax officer and contended that the penalty was not imposable. as application under section 27 of the income-tax act of 1961 was also made by the assessee seeking reopening of the assessment proceedings by the income-tax officer which was dismissed. so far as the ..... now before us are as under :the assessee is a partnership-firm with four partners, namely; (1) shri-mati bhupinder kaur, wife of shri surrinder singh johar, .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-13-1973
Reported in : 95ITR610(Cal)
..... discharging a rule nisi obtained by the assessee. 2. the appellant is a partnership firm. for the assessment year 1960-61 the income-tax officer, 'a' ward, district 11(1), calcutta, completed the assessment under the old act, namely, the indian income-tax act, 1922. thereafter, on the 14th march, 1969, the appellant received a notice ..... issued under section 148 of the income-tax act, 1961, whereby the appellant was called upon to submit the return of income ..... contended that the learned judge erred in holding that there were sufficient reasons for issue of a notice under section 148 of the income-tax act, 1961. according to mr. pal, the income-tax officer has not disclosed any reasons for his belief that the income had escaped assessment ..... and conditions precedent for assumption of jurisdiction under section 148 of the income-tax act, 1961, had not been satisfied. the learned trial judge should have quashed the said notice by a writ of mandamus. mr. pal relied ..... court. at the time of hearing the department wanted to rely upon a statement in response to the summons under section 131 of the income-tax act, of one shri girdhari singh, whose business had been closed on and from 31st march, 1965. that statement was produced before us. the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1973
Reported in : AIR1974SC396; (1974)1SCC202; 2SCR530; 1974(6)LC237(SC)
..... to any savings which may be made, expressly or by implication, by the repealing enactment (vide halsbury's laws of england, vol. 36 paragraph 714). the u.p. general clauses act (act i of 1904) provides for the consequences of a repeal under section 6, the relevant parts of which may be reproduced here :6. effect of repeal.-where any (uttar pradesh ..... any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(e) affect any remedy, or any investigation or legal proceeding commenced before the repealing act shall have come into operation in respect of any such right, privilege, obligation, liability; penalty, forfeiture or punishment as aforesaid:and any such remedy may be enforced and any such ..... or past transactions it is this provision that will determine whether the liability arising under the repealed enactment survives or is extinguished. : air1960cal388 . section 6 of the general clauses act applies generally in the absence of a special saving provision in the repealing statut7e, for when there is one then a different intention is indicated. in any case where a ..... would have enjoyed had the repeal not been made. not to affect the previous operation cannot be converted into sanctioning subsequent operation. to read post-mortem operation into a temporary act because of a premature repeal of it is wrong. to adopt the words jagannadhadas, j. in indira sohanlal v. custodian of evacuee property, delhi and ors. : 2scr1117 has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-1973
Reported in : AIR1974SC1822; 1974CriLJ890; (1974)3SCC774; 2SCR609
..... entitled to the benefit of doubt so far as this injury to laldhari is concerned. we have also come to the conclusion that the injured witnesses, who have given specific acts of accused who struck them, could be relied upon to convict particular accused persons. this is the test which the trial court had correctly employed against individual accused persons. we ..... up for trial before the additional sessions' judge of chapra on charges under sections 147, 148, 323, 325, 326, 302/34, 302/149, indian penal code. the appellant jamuna chaudhary was also charged separately under section 302 indian penal code. the prosecution case may be stated as follows : on 15-7-1965 at about 8 a.m. dukhharan koeri, p.w. 22 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-13-1973
Reported in : AIR1973SC1062; 1973CriLJ862; (1973)4SCC4
..... the area which was prejudicial to the maintenance of public order.the order of detention as also the grounds of detention with a translation thereof in indian language, were duly served on the petitioner on the day of his arrest. on june 29, 1972 the state government received a representation from ..... are not grave and serious enough in their potentiality for disturbing the even tempo of the life of the community. in somewhat similar cases this court has regarded similar acts as justifying the orders of detention. see sk. kader v. state of w. b. : 1scr488 , netaipada saha v. state of w.b. ..... affect order and the frequency of such infraction may pose a problem of law and order, but it need not necessarily affect public order just as every act affecting public order may ,not automatically affect security of the state. in pushkar v. state of w.b. : 1970crilj852 the difference between the concept ..... 1972 the state government confirmed the detention order as required by section 12(1) of the act and duly communicated its decision to the petitioner.2. shri v. c. parashar, learned counsel appearing as amicus curiae to assist this court, submitted ..... 3, 1972. on july 5, 1972 the state government placed the petitioner's case before the advisory board as required by section 10 of the act. the board submitted its report on august 17, 1972 expressing its opinion that there was sufficient cause for the petitioner's detention. on august 26, .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-27-1973
Reported in : 94ITR616(Bom)
..... on business of transporting iced fish, mangoes and other goods by sea from konkan ports to bombay in his own launches as also launched belonging to a partnership firm managed by him. at the material time he was the owner of a launch, 'lakshmi'. on april 24, 1961, the central excise authorities ..... on payment of fine. in the course of assessment proceedings the assessee claimed deduction of the penalty amount under section 10(2)(xv) of the indian income-tax act, 1922. the bombay high court negatived the contention holding that the penalty for infraction of law could not amount to any expenditure laid out ..... learned judges of the punjab and haryana high court on the ground that the deduction claimed therein was under section 10(2)(xv) of the indian income-tax act, 1922, while piara singh was claiming deduction under section 10(1) on the footing that the true profits from his illegal business of smuggling ..... the owner of the gold. the value of the gold is sought to be brought to income-tax under section 69 or section 69a of the indian income-tax act, 1961. 37. it has been the contention of the petitioner, therefore, that unless there was independent and legal proof of the 'investment' alleged ..... of fine. in the course of the assessment proceedings the assessee claimed deduction of this penalty amount under section 10(2)(xv) of the indian income-tax act 1922. the bombay high court negatived the claim holding that the penalty for infraction of law does not amount to any expenditure laid out or .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-12-1973
..... indirectly- (i) from the membership of the wife in a firm of which her husband is a partner; (ii) from the admission of the minor to the benefits of the partnership in a firm of which such individual is a partner; (iii) from assets transferred directly or indirectly to the wife by the husband otherwise than for adequate consideration or in ..... expression would negative the contention of the respondents that it embraces juristic persons such as statutory corporations. shri battacharjee cited the provisions of sections 3 and 16 of the indian income-tax act, 1922, and their interpretation by the supreme court in the case of sodra devi, to support the contrary view that nothing said in sections 4, 6, 14 and 15 ..... local authority and of every firm and other association of persons or the partners of the firm or the members of the association individually. section 16(3) of the indian income-tax act, 1922, was worded as follows : 'in computing the total income of any individual for the purpose of assessment, there shall be included- (a) so much of the income of ..... choudhury did not contend that the authority of this decision of the supreme court bearing on the interpretation of the expression 'individual' used in section 3 of the indian income-tax act, 1922, has been doubted in any subsequent decision of the supreme court. as a matter of fact, the supreme court reaffirmed in andhra pradesh state road transport corporation v. income .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-09-1973
Reported in : 101ITR270(Guj)
..... reassessment must be reflected in the individual assessment of the partner because of the allocation of the share of the profits or the income of the partnership to a particular partner concerned and to the extend to which any rectification became necessary in the assessment of the partner for the relevant year, ..... decisions up to that date : 'where the income-tax officer validly initiates reassessment proceedings by issuing a notice under section 34(1)(a) of the indian income-tax act, 1922, in respect of a particular item he can, during the reassessment proceedings, deal with all items falling under clause (a) though they may ..... and approving their own earlier decision in income-tax officer v. s. k. habibullah held that there was nothing in section 35(5) of the indian income-tax act, 1922, to show that completed assessment of a partner in a firm must take place after april 1, 1952, i.e., the date on ..... a completely new power was conferred on the controller by section 59 and it is comparable to the power conferred by section 34 of the indian income-tax act 1922, which shows that there is a vast distinction between the remedies provided by the old section 62 and the new remedy provided by ..... ., delivering the judgment of the supreme court, has pointed out the scope and nature of the power of reassessment under section 34 of the indian income-tax act, 1922. it is not necessary for the purpose of appreciating these observations to refer to the facts of that particular case but it was .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-20-1973
Reported in : 100ITR468(Bom)
..... all income arising to any person of a settlement or disposition whether revocable or not, and whether effected before or after the commencement of the indian income tax (amendment) act, 1939 (vii of 1939), from assets remaining the property of the settler or disponer shall be deemed to be income of the settlor or disponer ..... and style of kishanchand bros. this firm is registered under section 26a of the act ramgopal a minor son, an unmarried minor daughter and a wife and they form a joint hindu ..... property into the common stock of the joint family property does not amount to a transfer so as to attract the provisions of the gift tax act, 1958.9. in view of these decisions the questions that arises for consideration in the present reference are concluded by the decisions which care ..... view that the income earned out of the shares was includible in the assessment of ramgopal and ramprasad under the provision of section 16 of the act. while assessing these two individuals ramgopal and ramprasad preferred appeals were herd by the two appellate assistant commissioner. these appeal were hard by the ..... ) of the indian income tax act 1922 (hereinafter referred to as 'the act') at the instance of the revenue.2. one balmukchand has five sons. two of them of them are ramgopal and ramprasad. the five sons of balmukchand and a son of one of the sons carry on business in partnership under the name .....Tag this Judgment!