Court : Karnataka
Reported in : AIR1950Kant1; [1956]26CompCas121(Kar)
..... 3. the manager of the company's depot was served on 3rd april 1944 with a notice under the income-tax act by the additional deputy commissioner of income-tax, companies circle, calling upon him to make a return of the total income of the company during the year ending on 30th june 1943. the depot manager denied liability and on the ..... to them directly or indirectly through or from any business connection in mysore under sections 4 ad 42(1), mysore income-tax act.' section 4 (1) of the act reads: 'save as hereinafter provided, this regulation shall apply to all income, profits or gains, as described or comprised in section 6, from whatever source derived, accruing or arising, or received ..... securing the flow of business in mysore. in such a case as held in commr. of income-tax v. remington typewriter co. ltd. , section (1) does apply. 11. jessel m.r. whose statement as to what 'business' means is quoted in cases under the income-tax act, says in erichsen v. last, (1881) 8 q.b.d. 414 at p. 416 .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... section 66(2) of the then income-tax act was not an order which could be reviewed under the provisions of the code of civil procedure. he pointed out relying on -- 'air 1919 mad 244 ', that very special ..... counsel for the petitioners and the advocate-general.23. in the earliest mysore case, -- '30 mys c. c. r. 221, which was a case of a reference under the mysore income-tax act an application for the review of an earlier order of the high court was held not maintainable. plumer c. j. then observed that the decision of the high court under ..... the same. these were heard together and may be conveniently disposed of by one order as the principal question raised in it whether government can review orders regarding grant of agricultural lands. the facts which may be taken as undisputed are that the petitioner in c. p. 155 of 51-52 was granted 3 acres in s. no. 24 in .....
Tag this Judgment!Court : Karnataka
Reported in : [1955]27ITR549(KAR); [1955]27ITR549(Karn)
..... arrived at by considering section 13 of the finance act. the indian income-tax act as well as the mysore income-tax act clearly refer to 'assessment' and 're-assessment' and if it was intended that for purposes of recovering re-assessment the mysore income-tax act should subsist even after the indian income-tax act came into force, that fact would have been clearly ..... are dealing with a case of fiscal enactment. in c. p. & berar provincial co-operative bank ltd., nagpur v. commissioner of income-tax, c. p., it was held : 'the income-tax act is a fiscal measure and as such many of its provisions are of necessity arbitrary. where the provisions of a fiscal enactment are plain ..... the assessee and issued a notice of demand under section 29. the mere fact that the commissioner of income-tax could exercise his powers of revision under section 33 of the income-tax act or that the income-tax officer at any time within one year from the date of any demand may make rectifications and correct mistakes .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant64; AIR1958Mys64; ILR1957KAR359; (1958)36MysLJ34
..... have to be strictly construed and in the absence of any such specific rule the cess in question cannot be levied.the learned advocate referred to commissioner of agricultural income-tax west bengal v.tarak nath, 53 cal wn 725 (e), whiteley v. burns 1908-1 kb 705 (f) and maxwell on interpretation of statutes (1953) page ..... are ancillary matters which can be left to an executive body.the learned advocate-general further contended that if a tax has to be levied upon a person (e.g. under the income-tax act), then the legislature must determine the persons to be taxed and cannot delegate this matter to any other body; but if, on the other hand, the ..... i think such a delegation is constitutionally permissible'. his lordship referred to two decisions of the supreme court, i.e. in re. article 143, constitution of india and delhi laws act (1912), air 1951 sc 332 (c) and rajnarain singh v. chairman, patna administration committee, : [1955]1scr290 (d) in support of his said view. the observations of .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1958Kant102; AIR1958Mys102; (1958)36MysLJ73
..... for the petitioner has urged that the orders of assessment made by respondent 2 were made without jurisdiction or authority. his main contention is that the coorg agricultural income-tax act, under the precisions of which the income-tax officer made the assessment, was an unconstitutional piece of legislation for two reasons. according to him, the legislative council of the chief commissioner of coorg, which will ..... . 2. on 15-1-1951, the legislative council of the chief commissioner of coorg which was then a part 'c' state in the union of india, passed an act called the coorg agricultural income-tax act to which the president of india accorded his assent on 13-5-1951. on the issue of a notification dated 4-8-1951 under sub-section (3) of section .....
Tag this Judgment!Court : Karnataka
Reported in : [1958]33ITR692(KAR); [1958]33ITR692(Karn)
..... before us by the learned advocate for the petitioner was that the levy of penalty on a dissolved firm was not authorized by the indian income-tax act. he contended that in the income-tax act the identity of a firms as a unit distinct from its partners has been maintained. in support of that proposition he referred us to section ..... dissolution of the firm makes no difference in the matter of such liability and in support of this contention he relied on the provisions of section 44 of the income-tax act, which reads as follows : 'where any business, profession or vocation carried on by a firm or association of persons has been discontinued, or where an association ..... advocate for the respondent must therefore fail. 12. as for the contention of the learned advocate for the respondent, namely, that section 44 attracts section 28 of the income-tax act and enables the authorities to impose a penalty, which was payable by the firm, on its partners, i am also unable to accept the same. in the first .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1959Kant123; AIR1959Mys123
..... the principle appears to be based on the assumption that the property goes on continually yielding the same income as at the date of the acquisition. whatever the justification for relying on such an assumption in the case of agricultural lands, it would not be safe to extend the same to a case of land with building because ..... of years' purchase was arrived at by taking into account the interest yielded by government securities at the time of the notification under section 4(1) of the act which was accepted to be 3 per cent per annum. the capitalisation was, therefore, fixed at thirty-three and one-third years' purchase.it appears that their ..... the rental for ten months as the annual letting value on the assumption that two months' rent would ordinarily be required for defraying the expenses regarding repairs, municipal taxes and such other incidental expenses.there is no dispute on this point. he takes twenty years' purchase as the proper basis for calculation and fixes the reasonable .....
Tag this Judgment!Court : Karnataka
Reported in : [1959]37ITR257(KAR); [1959]37ITR257(Karn)
..... is what rajamannar, c.j., said about it : 'it is impossible to accept the contention of mr. vidyasankar that the amount demanded as advance income-tax under section 18a of the income-tax act is not a tax. 'a tax in the general understanding of the term.... signifies as exaction for the support of the government' : vide united states v. butler. the primary meaning and object of ..... the provisions of section 46(1) of the income-tax act. 7. mr. srinivasan has also contended that income-tax is the tax that is charged on the income of a person of the previous year and the advance tax being really a tax on the income of the year in which the advance tax is demanded, such advance tax cannot be regarded as income-tax. mr. srinivasan also contends that, in any event .....
Tag this Judgment!Court : Karnataka
Reported in : (1959)ILLJ329Kant
..... 'further annual depreciation allowable under the provisions of thd incometax act including the multiple shift depreciation must be provided for as a prior charge and not initial or additional depreciation. as the initial depreciation and additional depreciation are an abnormal addition to the income-tax depreciation designed to meet particular contingencies and for a limited period, ..... on the working capital at a lesser reasonable rate, and (5) for an estimated amount in respect of the payment of incometax. an industry connected with agricultural like the tea industry has to face additional risks such as weather, pests in the plants and general deterioration of the soil over which no man has any ..... to be provided for in the case of all wasting assets, that is, assets that are used up or exhausted in the course of seeking to earn income, examples being buildings, plant, machinery, furniture and fixtures. in order to keep the original capital of a business intact if any part thereof is invested .....
Tag this Judgment!Court : Karnataka
Reported in : [1960]38ITR12(KAR); [1960]38ITR12(Karn)
..... a matter of law arises for consideration, but that prayer was rejected. thereupon, the assessee took up the matter before the high court under section 82(2) of the hyderabad income-tax act for directing the appellate tribunal to refer the question of law for decision of the high court. that was considered by a bench of the hyderabad high court in case ..... iqbal husain, j.1. this statement of the case under section 82(2) of the hyderabad income-tax act was made by the income-tax appellate tribunal, bombay branch, in consequence of a direction issued by the bench of the hyderabad high court in its order in case no. 114/b 5-2 of 1953- ..... in a court of law, but there the agreement ends; because it is equally clear that in making the assessment under sub-section (3) of section 23 of the act, the income-tax officer is not entitled to make a pure guess and make an assessment without reference to any evidence or any material at all. there must be something more than bare .....
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