Court : Gujarat
Reported in : (1978)7CTR(Guj)258; [1980]125ITR67(Guj)
..... act, 1961, so far as this act is concerned, any person who in fact administers an estate of a deceased person either by intermeddling with it and thus becoming an executor of his own wrong or by virtue of letters of administration granted to him in any one of the five manners known to ..... act, 1961. ..... act, 1961, it is clear that an executor who certainly represents the estate of a deceased person in law and an administrator who also similarly represents the estate of a deceased person in law, and what is more, any person who intermeddles with ..... act, 1961, and the provisions of s. ..... act, 1961, a 'legal representative' has the meaning assigned to it in clause (11) of s. ..... act, 1961, it has been provided that where a person dies, his legal representative shall be liable to pay any sum which the deceased would have been liable to pay if he had not died, in the like manner and to ..... act, 1961, an executor and an administrator appointed by the court and any other person administering the estate of a deceased person are all included in the extended meaning of the word 'executor' for the purposes of s. ..... act, 1961, as it stood at the relevant time. ..... estate of late shri balabhai damodardas was not taxable in the hands of the assessee when the estate was being administered by shri sakarlal balabhai, having regard to the provisions of section 168 of the income-tax act, 1961 ?' 2. ..... act as it stood right from its enactment in 1961 were different from the provisions of the w.t. .....
Tag this Judgment!Court : Gujarat
Reported in : [1984]150ITR155(Guj)
..... , at the instance of the commissioner, the supreme court held that the appellate tribunal was competent to grant the relief as it did since there was no restriction in the 1922 act on the jurisdiction of the tribunal to determine a question, whether of law or of fact, which relate to the assessment of the assessee, may be raised before the tribunal, and if the grant of relief on either ground ..... , that they purchased the said items of machinery directly from the assessee-company; (3) no reference to the said shri naresh k patel acting as an intermediary; (4) absence of agreement in respect of the payment of commission; (5) absence of any other evidence that the said payment was for business expediency; and failure on the part of shri ..... act, 1961 ..... act, 1961, could enter into a re-appraisal of the evidence on the ground that the finding is perverse and/or such that no reasonable person could have ..... act, 1961 ..... act, 1961, it is not open to the high court to review the primary facts found by the tribunal and the factual inferences therefrom, and if any party wants to challenge the correctness of the findings given by the tribunal, it can do so ..... act, 1961 ..... act, 1961, for our advice ..... which weighed with the ito in so negativing the claim were : (1) solitary role of shri naresh k patel acting as broker in respect of the sale effected by the assessee-company; (2) assertion by the purchasers, m/s. ..... 10(2)(v) of the 1922 act as a permissible allowance for the computation of the taxable income of .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]98ITR403(Guj)
..... the question which arose for consideration before the supreme court in that case was whether section 42(3) of the madras general sales tax act, 1969, which empowered the check post officer to confiscate goods or levy penalty in lieu of confiscation when in respect of goods found in a vehicle the driver of the vehicle was not carrying with him the ..... 121 of the income-tax rules, 1962, calling upon the second and third petitioners to show cause why penalty or fine should not be imposed upon them under section 285a of the act for failure particulars relating to the above-mentioned contracts to the concerned income-tax officer within one month of the making of the contracts. ..... therefore, required to furnish to the income-tax officer having jurisdiction to assess it particulars relating to the contracts within one month of the making of the contracts under section 285a of the income-tax act, 1961 (hereinafter referred to as 'the act'). ..... it was contended on behalf of the petitioner that the taxing authorities have enough powers under the act to detect evasion of tax and that the impugned provision which adds one more weapon to their armoury is really unnecessary and unreasonable in the sense that it is in excess what is required to be enacted to meet the ..... merely because there are some other provisions in the act enacted with the end in view of detection of evasion of tax, it cannot be said that the impugned provision which is enacted to meet a specific situation more effectively is either .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]108ITR137(Guj)
..... it was against this background of legal position that when the legislature enacted provisions similar to section 10(2a) of the act of 1922 in section 41(1), sub-section (1), of the act of 1961, it added the words at the end : 'whether the business or profession in respect of which the allowance or deduction has been made is in existence in that year or not' ..... over the written down value up to the original cost to the assessee realised on the sale of machinery used in his business might be brought to tax as profits of the business under the section proviso to section 10(2)(vii) of the act of 1922 (equivalent to section 41(1)(2) of the act of 1961), it was necessary that the machinery should have been sold when the business was being carried on. ..... shah for the assessee contended in this connection that as it was only for the first time under the act of 1961 that even though the business might not have been in existence at the time when the amount referred to in section 41(1) was sought to be brought to tax, to that extent section 41(1) was a charging ..... tribunal held that the transaction came within the mischief of section 41(1) of the income-tax act, 1961, when the assessee got refund of the sales tax paid. ..... kaji contended in this connection that section 41(1), of the act of 1961 is not a charging section and, therefore, it is permissible to the court, while applying the provisions of section 41(1) in accordance with the clear intention of the legislature, to make the charge levied .....
Tag this Judgment!Court : Gujarat
Reported in : [1971]79ITR722(Guj)
..... in the course of assessment of the assessee to income-tax for the assessment years 1961-62 to 1964-65, the assessee claimed exemption from tax in respect of income from processing and facilitating the marketing of commodities under section 14(3) (iv) of the income-tax act, 1922, for the assessment year 1961-62 and under section 81(iv) of the income-tax act, 1961, for the remaining three assessment years. ..... both the questions will, therefore, have to be reframed so as to include the words 'clause (iv) of section 81 of the income-tax act, 1961' after the words 'clause (iv) of section 14(3) of the indian income-tax act, 1922'. ..... the short question which arises for consideration in this reference turns on the true interpretation of section 14(3) (iv) of the income-tax act, 1922 and section 81(iv) of the income-tax act, 1961. ..... during the previous years relevant to the assessment years 1961-62 and 1963-64, the assessee earned income from processing grey cloth on 'labour basis', and also from processing its own grey cloth. ..... section 83(iv), as we have already pointed out above, is in identical terms as section 14(3) and section 14(3) was originally introduced in the income-tax act, 1922, by section 10 of the finance act, 1955. ..... the assessee is a co-operative society registered under the bombay co-operative societies act, 1925. .....
Tag this Judgment!Court : Gujarat
Reported in : [1975]99ITR54(Guj)
..... concerned with the interpretation of the expression, 'the amount of tax, if any, payable by him'; in the earlier part of section 271(1)(a)(i) of the income-tax act, 1961, and whether it refers to tax payable under a notice of demand, for purposes of calculating the penalty for failure to file return of income within time without reasonable ..... revenue before the supreme court, it was contended that on a proper construction of section 271(1)(a)(i) it would mean that penalty had to be determined on the basis of the tax assessed under section 143 of the act, as the other interpretation canvassed on behalf of the assessee would take away the effectiveness of the section as the assessee would avoid the consequences of penalty by paying tax a day before the demand notice was served ..... arises about the date as on which penalty under section 273(b) read with section 273(ii) of the income-tax act, 1961, may be levied. ..... revenue as to the date of default being the crucial date for purposes of determining penalty is not sustainable in view of the scheme contained in section 273 read with sections 217 and 215 of the act of 1961. ..... referred to us, has caused us considerable anxiety in determining the true scope and effect of section 273(b) read with section 273(ii) of the income-tax act, 1961. ..... 26, 1965, should be treated as valid advance tax and should be deducted from 75% of the tax determined for arriving at the basis for imposing the penalty under section 273(b) of the income-tax act, 1961 ?' 2. .....
Tag this Judgment!Court : Gujarat
Reported in : [1981]127ITR701(Guj)
..... such person or persons, object or objects, purpose or purposes as the pallavi may by deed or by will or codicil appoint without transgressing the provisions of sections 13 and 14 or the transfer of property act or sections 113 and 114 of the indian succession act and in the absence of or default of such appointment and in so far as such appointment shall not extend upon trust for the said geeta mayor absolutely and if the said geeta mayor shall ..... on sale thus had to be treated as an accretion of the corpus to be reinvested again in the securities giving only the income resulting therefrom to the assessee....it may be that, under the indian income-tax act, a part, which will be considered as an accretion of the capital under the ordinary law, may be treated as income for purposes of taxation. ..... act, 1961, since 'income' includes, according to the said definition, any capital gains chargeable ..... act, 1961, can be said to be specifically receivable on behalf of or for the benefit of the ..... act, 1961 ..... act, 1961, is attracted in ..... act, 1961, permits the department to make a direct assessment of income-tax on the beneficiary, the ito was perfectly justified in taxing the capital gains in the hands of the assessee ..... act, 1961, but she had not taken into account the capital gains on sale of the shares of swastik oil mills on the ground that the corpus of the trust funds belonged to the trust ..... 41(1) of the 1922 act while considering the scheme contained in the 1961 act pertaining to assessment of .....
Tag this Judgment!Court : Gujarat
Reported in : (1982)28CTR(Guj)142; [1983]141ITR246(Guj)
..... act, 1961, and came to the conclusion that both the conditions set out in that section were satisfied inasmuch as the amounts were allowed as deduction in the earlier years and during the assessment year in question, the ..... the ito treated this amounts as income of the assessee during the accounting year 1961-62. ..... act and is therefore, distinguishable. 11. .....
Tag this Judgment!Court : Gujarat
Reported in : [1977]106ITR24(Guj)
..... ultimately, the entire argument on behalf of the assessee as urged by the learned advocate-general was that the proceedings could not be said to be validly initiated because the information on which the income-tax officer acted at the time of inciting the reassessment proceedings was no information at all in the eye of the law or looked at from any other angle, it cannot be said that the income-tax officer had reason ..... the income-tax officer also noticed the action under section 147 of the income-tax act, 1961, had already been initiated in the case of the assessee in connection with the assessment year 1961-62 as regards withdrawal of development rebate in connection with some other items on which development ..... court in that case was section 34 of the indian income-tax act, 1922, which was in identical terms as section 147 of the act of 1961. 6. ..... tribunal that on the order sheet under the date march 28, 1964, where the income-tax officer recorded his reasons for reopening the assessment under section 147 of the act, he had noted : 'the development rebate claimed by the assessee on item of machinery known as 'warp stop motions' worth rs. ..... act, 1961 ..... case we are concerned with the assessment year 1961-62, the relevant previous year being the calendar ..... : [1964]53itr165(sc) , the reason for the belief of the income-tax officer had never existed and did not exist in law in view of the the section of the income-tax act dealing with development rebate as interpreted by the supreme court. .....
Tag this Judgment!Court : Gujarat
Reported in : [1978]114ITR197(Guj)
..... it is worthwhile bearing in mind tat sub-section (3) of section 212 contemplates a case of any person who has not previously been assessed by way of regular assessment under the income-tax act, 1961, or under the indian income-tax act, 1922, and such a person who was not previously assessed has to, before the 1st day of march in each financial year, if his total income exclusive of capital gains of the ..... [1975]100itr603(guj) that the words occurring at the commencement of section 246(c) 'denying his liability to be assessed under the act' meant that the denial of liability contemplated by section 30(1) of the act of 1922, equivalent to section 246(c) of the act of 1961, was denial of liability to be charged with tax under the act which was the same thing as saying that the assessee was not liable to be assessed at all under any of the provisions ..... of the discretion of the income-tax officer regarding the waiver of penal interest or reduction of interest should have been exercised by the income-tax officer under the act of 1961, such challenge either regarding the quantum of penal interest or reduction in the amount of penal interest or waiver in the amount of penal interest is not maintainable. ..... (guj) we observed at page 610 - see : [1975]100itr603(guj) 'in our view, there has been no change in the legal position under 1961 act so far as an appeal against the liability to pay penal interest is concerned or any appeal against the order of penal interest by itself is concerned. .....
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