Court : Chennai
Reported in : [1950]18ITR277(Mad)
..... year. the proviso which arises for consideration in this reference was introduced in the act by the excess profits tax (second amendment) act (xxiv of 1941). at the same time section 14 of the india income-tax act was also amended by section 8 of the indian income-tax (amendment) act, 1941 (act xxiii of 1941) by inserting in section 14(2) a new clause (c ..... ). the object of those two amendment is to make provision in respect of profits or gains accruing or arising to ..... profits accruing as interest under the loan in the indian state as part of the business. the very object of the two amendments introduced in 1941 in the excess profit tax and in the indian income-tax acts was to exclude the income, profits and gains which accrued or arose in an indian state. the transaction in question is .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad773; (1950)IIMLJ9
..... india during such year. the proviso which arises for consideration in this reference was introduced in the act by the excess profits tax (second amendment) act xxiv (24) of 1941. at the same time section 14, income-tax act was also amended by s. 8, income-tax (amendment) act 1941, (act xxiii (23) of 1941) by inserting in section 14 (2) a new clause (c). ..... the object of those two amendments is to make provison in respect of profits or gains accuring or arising to an assessee within an ..... profits accruing as interest winder the loan in the indian state as part of the business. the very object of the two amendments introduced in 1941 in the excess profits tax act and in the income-tax act was to exclude the income, profits and gains which accrued or arose in an indian state. the transaction in question is .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad259; [1951]19ITR487(Mad)
..... the crown & the assessee are agreed that so far as the calculation of the profits during the standard period is concerned, the rules provided for depreciation by the income-tax (amending) act, 1939, were properly applied & that is the only permissible method by which the profits should be computed both for the standard period & also for the chargeable accounting period. rule ..... . 95. during the next year 1935 in allowing further depreciation 5 per cent, is again calculated not on rs. 95 but on rs. 100 the original cost. the amending act 1939 provided that the written down value of rs. 95 should be taken for the subsequent year 1935. therefore the 5 per cent is calculated on rs. 95 and not ..... to 31-12-1936 (31-1-1936 is a mistake) the value of the depreciable assets should be determined with reference to the depreciation allowable under the indian income-tax amendment act, 1939'.(the standard period in r. c. no. 63 of 1947 is from 1-1-1936 to 31-12-1936).2. in view of the arguments addressed-in .....
Tag this Judgment!Court : Chennai
Reported in : AIR1950Mad643
..... to interfere with the discretion given to the plaintiff under section 7(iv)(o) and (d). as stated already, under section 7(iv)(c) an amendment was introduced by madras act v [5] of 1922 by introducing a proviso which stated that:'provided that in suits coming under sub-clause (c) in cases where the relief sought ..... learned counsel for the petitioner who contends that the valuation should not exceed half the market value of the property. as stated already, before this notification and the amendment, the plaintiff had absolute discretion which could not be interfered with by the court. the question is whether under this notification, the discretion has been completely taken ..... court-fee is payable according to the amount at which the relief sought is valued in the plaint. clause (c) was amended in 1922 by madras act v [5] of 1922 and under section 9, suits valuation act, this high court has issued a notification which is as follows :'in suits for injunction, where relief is sought with reference .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad600; [1950]18ITR897(Mad); (1950)2MLJ798
..... and not section 4 of the act have application to the income accruing or arising by reason of sales in british india of manufactured goods where the manufacturing process took place outside british india? the question as here stated has been the result of an agreed amendment of the question originally framed by the appellate tribunal, both ..... profits that have accrued or arisen to the company in british india must be determined by the process of apportionment prescribed by section 42 (3), income-tax act and the profits attributable to the manufacturing operations carried on outside british india must be excluded from the computation of the profits and gains accruing or arising in ..... for reaching the conclusion that for the purposes of ascertaining whether a company is resident within the meaning of section 4-a (c) (b) of the act the entire income accruing or arising in british india to the company should be taken into account and not merely a portion of the income apportioned under section 42 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... it to be implied so as to avoid any room for controversy.12. i shall now examine, how & to what extent the provisions of the criminal law amendment act, unamended & amended, are inconsistent with the fundamental rights in part iii of the constitution. it is not seriously disputed by the learned advocate general though he did not concede, that ..... good desired is better reached by free trade in ideas--that the best teat of truth is the power of the thought to get itself accepted in the competition of the market and that truth is the only ground upon which their wishes safely can be carried out.'when civil liberties came up for consideration, the majority ..... decision of the bombay h. c. which had to construe section 4, bombay prize competition tax act (xi [11] of 1939) it was held that when the section required that prize competition shall not be conducted unless a licence in respect of such a competition has been obtained by the promoter thereof from the collector carried with it also the .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad725; (1951)IMLJ220
..... acquaint ourselves with the scheme of assessment in respect of the property tax before the amending act. before the amendment, part i of schedule iv, contained the rules relating to the assessment of the property tax. rule 1 corresponded to the present r. 1 a. rules 1d & ..... demand had been made for that half year. now it must not be overlooked that section 137 a was inserted in the city municipal act by the same amending act which also inserted rule 3 in schedule iv of the act. according to well established canons of statutory construction, both section 137 b & r. 3 ought to be so read as not to ..... answer to question 2 is in the affirmative.9. the last question remains. section 137 b was inserted in the act by section 81, madras city municipal amendment act x (10) of 1936. this actalso made important changes in the provisions contained in schedule iv. to understand the scope of the new section it is necessary to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad238; [1951]20ITR363(Mad); (1951)IIMLJ303
..... the question as framed is to the present clause (xv) of section 10 (2) which was introduced after certain alterations in 1946 by the indian income-tax (amendment) act, 1946. that clause requires to claim an amount as a permissible deduction under the head of expenditure, that it should be made out as expended solely and ..... allowances specified in the section cannot be added to, authority of the highest tribunal leaves us in the position that though there are several provisions in the act relating to allowances and deductions, profits have still to be computed to some extent on general principles followed in commercial practice, subject to such modifications as ..... , the learned judge must be taken, so far as his observation last extracted goes, to consider all losses attributable to the negligence or dishonesty of subordinates acting in the course of their employment in the trade as being deductible trade losses. the learned judge then proceeds thus to distinguish the case before him from .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad888; (1953)IMLJ231
..... each of the nine inams comprised in the nine title deeds and the lands appertaining to them. having come to this conclusion, the learned subordinate judge directed amendment of the plaint to incorporate separate declarations of the same kind in respect of each of the nine inams and also directed the payment of court-fee of ..... postulated in respect of these distinct subjects is that the revenue divisional officer and the collector passed a single order of resumption as a matter of convenience. this act of passing a single order for purposes of administrative convenience cannot be .said to take away the distinctness of each one of the subjects comprised in the ..... deed in respect of which there has been an order of resumption should be considered to be a distinct subject and the provision contained in section 17 of the act would attract itself to such a suit.9. the learned counsel for the petitioner, however, invited my attention to the decision reported in "arunachsla pillai v. ponnuswami .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad565; (1952)1MLJ514
..... a flat per well allowance to the producers. the validity of the order was challenged on the ground that it was opposed to the fourteenth amendment because the proration order was not reasonable and it was arbitrary. an alternative mode of distribution was suggested as better than the principle adopted by the ..... in exercise of the power conferred by the section was challenged on the ground that the act, itself was not valid under due process clause of the fifth amendment, besides other grounds. it was held that the act did not offend the due process clause because of the alleged discriminatory character. mr. justice ..... frankfurter who delivered the opinion of the court after referring to the old and obstinate sugar problem of the country and the necessity for some sort of regulation to ameliorate the effect of disorderly competition .....
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