Court : Kolkata
Reported in : [1983]139ITR414(Cal)
..... basis of such assessment, a refund shall be given of the difference. (4) where the person who was at the commencement of the indian income-tax (amendment) act, 1939 (vii of 1939), carrying on any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax ..... the relief. the high court observed that income from property, buildings, and land appurtenant thereto ordinarily described as house property income is charged under section 9 of the act. according to the madras high court, it was a separate head of charge like section 10 which covered the income from business, profession or vocation. the house ..... -tax. the tribunal observed that such computation was only a provisional computation. in that view of the matter, the tribunal was of the view that the aac had acted rightly ingiving relief for super-tax also. in these circumstances, the three questions indicated above have been referred to this court.10. the first question, therefore, to .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)21CTR(Cal)293,[1981]130ITR747(Cal)
..... would not be correct to state that there was any significant difference by the introduction of the new explanation with effect from 1st april, 1976, by t.l. (amend.) act, 1975. that explanation merely made explicit what was implicit in the previous explanation. previous explanation used the expression 'deemed to have concealed the particulars of his income or ..... we are concerned is covered by this position of law. it may incidentally be mentioned that since 1st april, 1976, by section 61 of the t.l. (amend.) act, 1975, the present explanation has been substituted and it reads as follows :' explanation 1.--where in respect of any facts material to the computation of the total income ..... machinery or plant used in a business might be deemed to be profits under the second proviso to section 10(2)(vii) of the indian i.t. act, 1922 (before its amendment in 1949), the following three conditions had to be satisfied: (i) during the entire previous year or a part thereof, the business should have been .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)22CTR(Cal)285,[1982]134ITR12(Cal)
..... the letter of the commissioner, which we have set out hereinabove, is indicative of the fact that the subject was the extension of the employees' provident funds (amendment) act, 1960. furthermore, the commissioner, in the penultimate paragraph of the said letter, made it clear, pending a decision for the past period, that the demand was ..... commissioner which is dated 19th june, 1962. it was addressed to the partners of the assessee-firm on the subject of ' extension of the employees' provident funds (amendment) act, 1960 '. the subject is important. the letter stated, inter alia, as follows :' it transpires on investigation that your factory started manufacture in the year 1953, and ..... and not in the year when the liability is enforced or discharged. these principles are well settled. on the relevant provisions of the employees' provident funds act, 1952, it appears that the liability for the previous year had arisen in the earlier years. but we have noted that the assessee is a firm .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)23CTR(Cal)180,[1983]139ITR763(Cal)
..... large the cost of replacement was allowed as deduction in lieu of depreciation in respect of certain assets. but by the amendments made by the i.t. (amend.) act, 1946, the finance act, 1955 and the finance act, 1956, certain initial depreciation was allowed in respect of buildings, or newly erected machinery and plant installed. the supreme court ..... instructive to refer to the same for the purpose of understanding how the legislature interpreted the supreme court decision. the i.t. act, 1961, was amended by the finance (no. 2) act of 1980, by incorporating section 80aa which reads as follows:'80aa. computation of deduction under section 80m.--where any deduction is required to ..... income received by the taxpayer and not in respect of the net income computed after making the deduction provided under the act.' 18. finally, of course, the finance (no. 2) act of 1980, amending inserting section 80aa and section 80ab was passed in the manner, we have indicated before. the reason for such changes .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)24CTR(Cal)307,[1982]136ITR445(Cal)
..... will be exempt from income-tax. sub-clause (b) seeks to insert a new clause (22a) in section 10 of the income-tax act. the effect of the proposed amendment will be that the income of hospitals or other medical institutions will be completely exempt from tax, notwithstanding that such income is not fully spent during ..... for the reception and treatment of persons. sub-section (22a) along with sub-section (20a) was introduced by the finance act of 1970, and in clause (4), which sought to amend section 10 of the i.t. act, it was explained in the memo of the finance-bill, 1970, as follows :'sub-clause (a) seeks to insert ..... silk and cloth manufacturers association : [1980]121itr1(sc) . there, the assessee-company, incorporated under the indian companies act, 1913, after certain vital amendments in its memorandum of association, was registered under section 25 of the companies act, 1956. its objects as amended were (p. 7) :'(a) to promote commerce and trade in art silk yarn, raw silk, cotton yarn .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)29CTR(Cal)1,[1983]139ITR793(Cal)
..... the total income as well as the tax to be paid. there we find that sub-sections (1), (2) and (3) of section 143 before the taxation laws (amend.) act, 1970, with which we are concerned were as follows:' 143. assessment.--(1) where a return has been made under section 139 and the income-tax officer is satisfied without ..... income but also determination of tax and that is the order which is contemplated by section 153 of the i.t. act, 1961, with which we are concerned. we are also inclined to say that even after the amendment act the position will be materially the same on this aspect. we, however, need not in this reference express any opinion ..... at by the tribunal was based on primary facts basically found. the presumption of regularity of official conduct which is normally applicable under section 114 of the evidence act would not be attracted in this case as the conditions applicable to that principle are not present in the instant case and specially in the background of the preponderance .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal74,86CWN43
..... as substituted by the bihar ordinance 50 of 1974 and the two other subsequent ordinances and the replacement of the same by the indian electricity (bihar amendment) act, 1974 (bihar act 15 of 1975) inter alia refers to the purchase of the undertaking under section 6. it is contended that the reference to section 6 is ..... namely:-- '(6). where a notice exercising option of purchasing the undertaking has been served upon the licensee before the comencement of the indian electricity (bihar amendment) act, 1974 (bihar act xv of 1975) and the undertaking has been purchased thereafter the amount payable to the licensee on account of the purchase of the undertaking shall be determined ..... ordinance no. 123 of 1974 were promulgated on similar terms as the bihar ordinance no. 50 of 1974. thereafter, on jan. 15, 1975, electricity (bihar amendment) act, 1974 (bihar act 15 of 1975) was passed replacing bihar ordinance no. 123 of 1974.9. the company and its director, the respondents nos. 1 and 2 in this .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)29CTR(Cal)15,[1983]141ITR419(Cal)
..... into force with effect from 1-4-1976 and is, accordingly, applicable in relation to the assessment year 1976-77 and subsequent years (section 6 (part) of the amending act). ' 17. therefore, in a case where the actual rent received is higher than that for which the property might reasonably be expected to let from year to year in ..... head ' income from house property '. that income from house property is to be computed as provided in section 23 of the act. section 23 of the act, before its amendment with effect from 1st april, 1976, by the t.l. (amend.) act, 1975, which is not material for our present purpose, indicated that for the purposes of section 22, the annual value of ..... , may be regarded as having received legislative approval, for, we find that by section 6 of the taxation laws (amendment) act, 1975, sub-section (1) of section 23 has been amended and it has now been made clear by the introduction of clause (b) in that sub-section that where the property is let and the annual rent .....
Tag this Judgment!Court : Kolkata
Reported in : (1982)29CTR(Cal)64,[1983]141ITR531(Cal)
..... ) were even contemplated. all these new forms of allowances came into force later and particularly the allowance of initial depreciation was introduced by the indian income-tax (amendment) act (8 of 1946), but the words in section 10(5) denning ' written down value ' to include in the case of assets acquired before the previous ..... large, the cost of replacements is allowed as deductions in lieu of depreciation in respect of certain assets. by the amendments made by the income-tax (amendment) act, 1946, the finance act, 1955, and the finance act, 1956, certain initial depreciation was allowed in respect of bnildings newly erected or the machinery and plant newly installed. ..... this connection, the legislative history of this section was also stressed. clause (b) of section 10(5) was included in the indian income-tax act by the indian income-tax (amendment) act (23 of 1941). the provision of section 10(5)(b), which includes within the meaning of ' written down value ' the depreciation allowed .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1982Cal259
..... is an undervaluation and would not in any event determine the question of jurisdiction. mr. ghose referred to section 18 of the presidency small cause courts act as amended by the west bengal act xxxii of 1969. the portion relevant for our purposes of the said section reads as under :'subject to the exceptions in section 19, the small cause ..... speculation and cannot determine the question of jurisdiction. subsequent events however, show that the respondents not only did not give up the claim for recovery of possession, but amended the plaint in such a way that the suit herein became a suit solely cognizable by this court. whether that is permissible or not is the subject matter of ..... . subsequent facts would reveal that not only the respondents did not give up any part of their claim in the suit but on the contrary they applied for amendment of the plaint so as to convert the suit to a suit triable by this court in its ordinary original civil jurisdiction and not on the basis of concurrent .....
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