Court : Supreme Court of India
Reported in : AIR1950SC134; (1950)52BOMLR719; [1950]181ITR472(SC); [1950]1SCR335
..... export. it should be noted that this case was decided prior to 1939 and the changes that were introduced into section 42 of the income-tax act by the amending act of 1939 were not in existence at that time. the assessment was a resident of british india and only question for decision in that case was ..... manufacturing process that was carried on at raichur. the view is strengthened by two recent pronouncements of the judicial committee, the earlier of which reported in international harvester company of canada v. provincial tax commission [1949] a.c. 36 discusses the point in great details and was followed in its entirety in the later decision ..... profits are not necessarily considered as arising from the sale or at the place of sale although they may be treated as received on sale of the products. secondly, it shows that profits could be apportioned between the manufacturing and trading activities, particularly when the assessee carried on the business of a manufacturer and trader together. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]18ITR472(SC)
..... export. it should be noted that this case was decided prior to 1939 and the changes that were introduced into section 42 of the income-tax act by the amending act of 1939 were not in existence at that time. the assessment was a resident do british india and only question for decision in that case was ..... process that was carried on at raichur. the view is strengthened by two recent pronouncements of the judicial committee, the earlier of which reported in international harvester company of canada v. provincial tax commission discusses the point in great details and was followed in its entirety in the later decision in provincial treasurer of manitoba ..... are not necessarily considered as arising from the sale or at the place of sale although they may be treated as received on sale of the products. secondly, it shows that profits could be apportioned between the manufacturing and trading activities, particularly when the assessee carried on the business of a manufacturer and trader together .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1950)52BOMLR764; (1950)IIMLJ559(SC); [1950]1SCR553
..... on such capital;....' 6. it will be seen that clause (iv) consists of four sub-clauses corresponding to the four deductions allowed under the clause. before the amending act of 1939, clause (iv) contained only the first, third and fourth sub-clauses. under the first sub-clause interest is deductible whether the amount borrowed on the ..... property was concerned, even to cases where obligatory payments had to be made out of the assessee's income from the property charged with such payments, and the second sub-clause, namely, 'where the property is subject to an annual charge not being a capital charge, the amount of such charge' was added. it is ..... it raises the question whether municipal property tax and urban immoveable property tax payable under the relevant bombay acts are allowable deductions under section 9(1)(iv) of the indian income-tax act. 2. the assessee company is an investment company deriving its income from properties in the city of bombay. for the assessment year 1940-41 the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1950]18ITR516(SC)
..... payable on such capital; .........'.it will be seen that clause (iv) consists of four sub-clauses corresponding to the four deductions allowed under the clause. before the amending act of 1939, clause (iv) contained only the first, third and fourth sub-clauses. under the first sub-clause interest is deductible whether the amount borrowed on ..... of property was concerned, even to cases where obligatory payments had to be made out of the assessees income from the property charged with such payments, and the second sub-clause, namely, 'where the property is subject to an annual charge not being a capital charge, the amount of such charge' was added. it ..... it raises the question whether municipal property tax and urban immoveable property tax payable under the relevant bombay acts are allowable deductions under section 9(1)(iv) of the indian income-tax act.the assessee company is an investment company deriving its income from properties in the city of bombay. for the assessment year 1940-41 the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1950SC222; (1951)53BOMLR1; (1950)IIMLJ703(SC); [1950]1SCR621
..... done in the name of the governor, no matter wherever under the constitution the responsibility might actually lie. section 3(43)(a) of the general clauses act (as amended by the adaptation order of 1947) which is relied upon in this connection does not in any way affect this position. it says that 'as respects ..... other provisions in the statute, particularly those which relate to the holding of public enquiries and consideration of objections by the authorities concerned. 86. thus in pheonix association company v. minister of town and country planning [[1947] 1 a.e.r. 454], an application was made to quash an order made under section 1(1) ..... the subjected to the scrutiny of the court in legal proceedings, then such a procedure would have quite effectively frustrated the very object set forth in the second preamble by preventing the provincial government, by means of protracted legal proceedings, from taking immediate action for making provision for requisition of land and for the continuance .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869
..... laws with respect, amongst other things, to the regulation of trading corporations. there was, therefore, nothing to prevent parliament from amending the companies act or from passing a new law regulating the management of the company by providing that the directors, instead of being elected by the shareholders, should be appointed by the government. the new law ..... to the government of bombay. on the next day, the government of bombay appointed respondents 3 to 7 as directors of the company in terms of section 3 of the ordinance. on the 2nd of march, 1950, the respondent no. 9 was appointed a director and respondent no. 5 having resigned his office in the ..... constitutionality because the statute, if enforced, would compel the employer to discharge the employee and, therefore, the employee was directly affected by the statute. in the second of the two last mentioned cases a city ordinance prevented the occupation of a plot by a coloured person in a block where a majority of the residences .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC278; [1951]21CompCas194(SC); [1951]20ITR1(SC); [1951]2SCR594
..... was made on the ground of commercial expediency. it therefore falls within the purview of section 12(2) of the income-tax act, 1922 before its amendment in 1939. 19. this being an investment company, if it borrowed money and utilised the same for its investments on which it earned income, the interest paid by it on the loans will clearly be ..... per cent. interest paid to scott on these debentures forms the subject-matter of the question before the court. the company claims to deduct this from its income as part of its working expenses under section 12(2) of the income-tax act, that is to say, to use the words of the section, as 'expenditure (not being in the nature ..... a permissible deduction under section 12(2) of the income-tax act. whether the loan is taken on an overdraft, or is a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC447; [1951]2SCR572
..... dismiss the application which will automatically destroy the attachment or (3) dismiss the application but specifically keep alive the attachment by an express order. the rule, as amended, therefore, contemplates three distinct forms of order, any one of which may be made by the court in the circumstances mentioned in the rule. the question before ..... that firm. the malias joined the receiver in executing the aforesaid leases and the mortgage. as a result of these transactions the firm of laik banerjee & company became the lessees for 999 years of the two properties as well as the mortgagee of the lessors' interest in the same. by diverse processes not necessary ..... adjustment mentioned but not detailed in this petition of to-day. dated 2nd june 1939.' 12. the raja died in august, 1940, leaving the two appellants as his sons and legal representatives. the bengal money lenders act, 1940 (bengal act x of 1940) hereinafter called the act, came into force on september 1, 1940. on january 2, 1941 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1951SC301; (1951)IIMLJ105; [1951]2SCR621
..... of that expression in article 21 of the constitution. further, the present detention of the petitioners being by virtue of section 12 of the amended act a new detention under the amended act, the procedure prescribed by the amended act is the procedure established by law within the meaning of article 21. 30. for the reasons given above, in my opinion the preventive detention ..... doubt and it is possible to take either this view or that, then we must come down on the side of liberty and freedom; and i err in good company in so holding. lord romer said as much in liversidge's case [1942] a.c. 206 at 280 though he made an exception in the case of war legislation ..... - * * * (b) the maximum period for which any person may in any class or classes of cases be detained under any law providing for preventive detention.' 40. the second set of conditions is given in sub-clause (b) of clause (4). this sets out that a person can also be detained beyond three months provided - 'such person is detained .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... covers the legislative powers of the indian legislature during the period prior to the government of india act, 1915. the second is in respect of its legislative power after the government of india act, 1935, as amended by the indian independence act of 1947. the last is in respect of the power of the indian parliament under the present ..... and the two houses to modify or repeal any law whatever. they can modify or repeal in the same manner in which they can pass an act enabling a company to make a new railway from oxford to london. therefore, in england laws are called constitutional because they refer to subjects proposed to affect the ..... either conditional or subsidiary or ancillary legislation. 30. an important decision of the supreme court of australia may be noticed next. in the victorian stevedoring and general contracting company proprietary ltd. v. dignan [46 com. l.r. 73], the question whether delegation of legislative power was according to the constitution came to be examined by .....
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