Court : Punjab and Haryana
Reported in : AIR1957P& H288; [1957]32ITR3(P& H)
..... mutual association whose transactions with its members were incapable of producing a profit and it was not therefore liable to be assessed under the assam agricultural income-tax act. their lordships of the privy council held the society to be non-natural concern and declared that it was not exempt from liability to ..... contributors to thecommon fund and the participators in the surplus.11. the third case is that of the english and scottish joint co-operative wholesale society limited v. commissioner of agricultural income-tax. assam, (1946) 16 i. t. r. 270 (air 1948 pc 142) (h). in this case a co-operative society sold the tea grown and manufactured ..... bhandari, c.j.1. the following question has been referred to us under section 66 (1) of the income tax act namely-'whether the admission fee of members or authorised, assistants received by the assessee is taxable income in its hands?'2. the assessee in this case is the delhi stock exchange association limited, delhi. it was incorporated in .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1958]34ITR719(P& H)
..... ,50,000 in the year 1944-45 to rs. 2,50,000 in the year 1950-51. the value of the family assets, including the agricultural estate, which, i have stated already, is not assessable to income-tax, must be of the magnitude of several millions of rupees. in the circumstances it seems to me that the gift by the assessee of shares ..... bhandari c.j. - the following question has been referred to this counter under section 66(1) of the income-tax act, namely :'whether the gift of a joint family asset worth rs. 2,40,000 by shri raghbir singh, karta of the family, to his wife, sardarni ahalya bai, not being ..... undivided share without the consent of his co-shares beyond the decided cases.the expression 'reasonable' means 'rational according to the dictates of reason and not excessive, or immoderate.' an act is reasonable when it is conformable or agreeable to reason, having regard to the facts of the particular controversy. the question whether a particular gift made by a hindu father .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H250
..... ,50,000/- in the year 1944-45 to rs. 2,50,000/- in the year 1950-51. the value of the family assets, including the agricultural estate, which i have stated already is not assessable to income tax. must be of the magnitude of several millions of rupees.in the circumstances it seems to me that the gift by the assessee of shares ..... a.n. bhandari, c. j. the following question has been referred to this court under section 66 (1) of the income-tax act, namely :'whether the gift of a joint family asset worth rs. 2,40,000/- by shri raghbir singh, karta of the family, to his wife, sardarni ahalya bai, not being ..... undivided share without the consent of his cosharers beyond the decided cases.14. the expression 'reasonable' means 'rational according to the dictates of reason and not excessive, or immoderate.' an act is reasonable when it is conformable or agreeable to reason, having regard to the facts of the particular controversy. the question whether a particular gift made by a hindu father .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H326
..... provision in the present case governs the territories comprised in the erstwhile state of pepsu by virtue of the provisions of section 119 of the states reorganisation act, 1956. in ramjilal v. income-tax officer, mohindar garh, air 1951 sc 97 (d) it has been observed that the provision that pending proceedings should be concluded according to the ..... protection afforded by section 60(1)(c) as the judgment-debtor never gave up possession of the house and had been using it throughout for purposes subservient to agriculture.no such question is involved in the present case and, if any authority can be of assistance, reference may be made to mt. rewati v. chiranji lal ..... being discriminatory. it is contended that in the other areas of the state of punjab, section 60(1) (ccc), as amended by the punjab relief of indebtedness act (act vi of 1942), restricts the mischief of the proviso only to those houses which have been specifically charged with the debt sought to be recovered and, therefore, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H8
..... the scope of the legislation something which not being existent at all, could not have conceivable relation to any principle of compensation.'with regard to the orissa agricultural income-tax (amendment) act 1950, the supreme court decided that it was not colourable legislation, the test being that although it might appear on scrutiny that the real purpose of ..... (4) that it dealt with the same class of persons who fell within the ambit of section 34 ot the income-tax act and were covered by sub-section (1) of that provision and whose income could be caught by proceedings under that section. the result was that some of the persons could be dealt with under ..... of the commission, though they could also be proceeded with under the provisions of section 34 of the income-tax act.it was observed that it was not possible to hold that all such persons who evaded payment of income-tax and did not truly disclose all particulars or material facts necessary for their assessment, by themselves formed a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H608
..... appellate officer under the aforesaid act was also dismissed. the present petition was filed alleging that the competent officer or the appellate officer had no jurisdiction whatever to extinguish the mortgage because the garden was not agricultural land.(2) the interpretation of the word 'agricultural', 'agricultural purpose' and 'agricultural income' came to be considered by the supreme court in commr. of income-tax v. benoy kumar (s) air ..... 1957 sc 768. the question that arose for decision was whether income derived from a forest which was originally of spontaneous growth but a .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H317
..... dyer c. j., the preamble is 'a key to open the minds of the makers of the act, and the mischiefs which they intended to redress' (vide stowell v. zouch, 1562 plowd 369, cited with approval by lord halsbury in income-tax special purposes commrs. v. pemsel, 1891 ac 531 (543)).(24) the scope of the rule as ..... purpose in relation to any common need, convenience or benefit of the village', but this is to be understood in relation to the object of the act, namely, the consolidation of agricultural holdings and the prevention of fragmentation of such holdings. while enacting this piece of legislation, the legislature in 1948 was not contemplating, through the provisions ..... sum up, rules 16(ii) being outside the scope of section 18(c) and not germane to the main and even collateral purpose of that act which is consolidation of agricultural holdings and for preventing their fragmentation is ultra vires.(51) the result of the aforementioned discussion is that the judgment of the learned single judge is .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H669
..... be read in their ordinary natural and grammatical meaning has no applicability to constitutional enactment conferring legislative powers (see in this connection navinchandra mafatlal v. commr. of income-tax, (1955) 1 scr 829l ((s) air 1955 sc 58)).(10) therefore, the expression 'practising any profession or art or carrying on any trade or ..... and phrases', permanent edition, volume 34, page 201, is:'the word 'profession' means a calling--an employment. it also means 'occupation, if not mechanical or agricultural or the like, to whatever one devotes one's self; the business which one professes to understand and to follow for subsistence'. among other things, it means ..... a profession within the meaning of this sub-clause.' the learned counsel proceeds to argue that the word 'employment' in the notification is beyond the act and therefore while considering the case of the appellants, the notification has to be interpreted minus the word 'employment'. this contention appears to be sound, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1963]47ITR611(P& H)
..... trading loss under section 10(1) of the income-tax act allowable in computing the business income ?'the assessee is a registered firm of two partners with its head-office at beri in rohtak district and with branches in several places including the one at calcutta. this firm used to transact business in foodgrains and other agricultural products on commission agency basis. the calcutta branch ..... by reason of theft could not be taken into consideration either under sub-section (1) or under sub-section 10 of the income-tax act. both sides relied upon the observations of the supreme court in badridas data. v. commissioner of income-tax. in that case, an employee of the assessee which carried on business of money-lending and also dealt in shares in bullion .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1962P& H426
..... and, therefore, did not bind them, and that their properties could not be sold for the realisation of arrears of tax. referring to section 67 of the income-tax act, it was observed that the assessment were made under the act, and a challenge to the assessments in a civil court was intended to be excluded. neither the decision nor the facts ..... cannot be deprived of his right to resort to the courts of law of his country except by express enactment. there are no words expressed in the punjab agricultural produce markets act (5 of 1939) ousting the jurisdiction of the civil courts.this principle was applied by the house of lords in r. and w. paul limited v. wheat ..... trial court expressed the view that a fee due to the market committee was recoverable as arrears of land revenue through the collector under rule 51 of the punjab agricultural produce markets rules and the fees levied by the market committee were recoverable as arrears of land revenue. it also expressed the view that under s. 78 the .....
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