Court : Mumbai
Decided on : Jan-11-1973
Reported in : AIR1974Bom300; (1974)76BOMLR347
..... that assessment. since from the day of resumption of land this liability under the code is made to a rise by the latter part of sub-section (3) of section 3 of the act, this is a case where the liability has been expressly indicated and the courts are not required to strain the language of the statute for ..... his status comes to be decided at once retrospectively for the entire period beginning from 1st may 1951. in other words, whether the operation of sub-section (1) of section 4 of the act together with its second proviso is prospective or retrospective is the main question which falls for consideration. incidentally, it is also necessary to decide whether the ..... provisions of the code and naturally he becomes liable to all the consequences that may follows from being an occupant under the code. there are provisions in the act like sections 4-a, 5 and others which attach certain conditions to such lands and those consequences are also to attach to the re-granted lands, in addition to their .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-11-1973
Reported in : [1974]97ITR683(Bom)
..... was the managing trustee.' 11. the question arises whether on these facts a case is made out for claiming exemption under the provisions of clause (i) of section 4 (3) of the act. the argument on behalf of the revenue is that it is the net income derived from advertisements by the assessee that has been made subject to the trust ..... income derived from advertisements is liable to be assessed as the personal income of the assessee or it is exempt in view of the provisions of section 4 (3) (i) of the act. section 4 (1) of the act specifies the income, profits and gains which are liable to be included in the total income of any previous year of any assessee. sub ..... . 4. it was sought to be contended on behalf of the assessee before the income-tax officer that the income from advertisement business was exempt under section 4 (3) (i) of the act. the income-tax officer rejected the contention of the assessee holding that there was neither a valid trust nor any legal obligation of whatever kind on the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1973
Reported in : [1975]98ITR448(Bom)
..... facts that the question arises whether the income of the trust is exempt from liability to pay tax in view of the provisions of section 4(3) (i) of the act. under sub-section (1) of section 4 all income, profit and gains of the nature therein specified are to be included in the total income of any previous year of ..... objects of private benefit only. the word 'charity', if used generally or without qualifications or limitations, falls with in the definition of 'charitable purpose' found in section 4 of the act. to the same effect is the view taken by the calcutta high court in commissioner of income-tax v. sardar bahadur sardar indra singh trust. 6. reliance was ..... for determination of the following question of law : 'whether, on the facts and circumstances of this case, the income of the assessee-trust is exempt under section 4(3) (i) of the act ?' 2. as the contentions raised in this reference lie in a very narrow compass it is unnecessary to state in greater detail the facts. the assessee .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-1973
Reported in : [1977]106ITR709(Bom)
..... , viz., for a public purpose of a charitable nature.22. we were referred to a number of authorities connected with the application of section 4(3)(i) of the indian income-tax act, 1922, where the court was considering whether the property was held under trust wholly for religious or charitable purposes. it is unnecessary in ..... any event it was primarily or predominantly held for such purpose and, therefore, the same was liable to be exempted under the provisions contained in section 5(1)(i) of the wealth-tax act; and (3) that, in any case, the assessee was entitled to be given exemption proportionately or pro tanto.9. in order to appreciate ..... to the appellate assistant commissioner before whom the trustees contended that they should have been given exemption on the whole of the trust property under section 5(1)(i) of the wealth-tax act, 1957. other contentions were also urged. the other contentions succeeded and to that extent the appeal was partly successful. the appellate assistant .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1973
Reported in : [1975]100ITR177(Bom)
..... amount as a result of any adventure in the nature of trade. 15. the expression 'adventure in the nature of trade' appearing in the definition of 'business' under section 2(4) of the act came to be considered by the supreme court in g. venkataswami naidu & co. v. commissioner of income-tax, where after exhaustive analysis of the statutory provisions and ..... surplus. it was submitted that this was not enough to characters it as an adventure in the nature of trade to bring it within the meaning of section 10 read with section 2(4) of the act. 23. it may be mentioned that other cases were cited at the bar, but in my opinion the supreme court has dealt with the question ..... nature of trade, and, that if surplus was realised from such venture, such surplus was liable to be included in the income of the assessee-company under section 10 of the indian income-tax act, 1922. vimadalal, j.31. i agree with the judgment just delivered by my brother, desai j., and would like to add only a few words. there .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-09-1973
Reported in : [1975]100ITR509(Bom)
..... cannot be regarded as assessed or legally assessed as contemplated by the definition of the phrase 'agricultural income'.17. under the provisions of the bombay local boards act, 1923, especially section 93 thereof, local fund cess is fixed at the rate of three annas on every rupee of every sum payable to the state government as ordinary land ..... had passed a resolution to treat the amounts credited as loans. the question which arose for consideration was whether having regard to the provisions of section 16 (2) of the act such subsequent resolution affected the question about the dividend to be taxed as such. we fail to see how determination of such a question can ..... west khandesh. the gangetha estate was a mehwassi estate. the assessee had income from forest property, ground rent, etc. in compliance with the notice under section 22 (2) of the act, the assessee had filed a return of income showing the total income of rs. 1,29,913 as income from other sources. after making certain adjustments .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-02-1973
Reported in : AIR1975Bom143; (1974)76BOMLR455; 1974MhLJ698
..... of its judgment:'in this case, the assistant registrar concerned, along with several other persons, was given the power of the registrar under various sections of the act including section 48 (excepting sub-sections (6) and (8) by the state government. he was not a nominee of the registrar'.and so far as the second aspect was ..... upon the registrar, the officers on special duty and the nominee or board of nominees to effectively hear and dispose of such disputes covered by section 91 of the act. section 91(1) provides that notwithstanding anything contained in any other law for the time being in force, any dispute touching the constitution, electrons of the ..... reliefs pending the final decision. a provision has also been made for executing the final as well as interlocutory orders passed by these authorities acting under sections 96 or 95 of the act. it will thus appear clear that the first criterion laid down by the supreme court in their decisions both in jugal kishore : 1967crilj1380a .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-27-1973
Reported in : AIR1974Bom128; 1974MhLJ378
..... opinion, it cannot be said that there is either no extension either in the area of the marketing of the agricultural produce as contemplated by sub-section (3) of section 4 of the act. in this view of the matter, in our opinion, there is no substance in this contention raised by shri chandurkar contention raised by shri ..... the words used in this notification will not mean that there is any extension of area or marketing of any agricultural produce as contemplated by sub-section (3) of section 4 of the act. it is not possible for us to accept this contention of shri chandurkar.11. the said notification will have to be read as a ..... the last portion of the said notification which is as under :'now, therefore, in exercise of the powers conferred under sub-section (3) of section 4 of the maharashtra agricultural produce marketing (regulation) act, 1963 (maharashtra act xx of 1964) read with government notification agriculture and co-operation department no. apm/1063-27543/c-1, dated the 15th .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-03-1973
Reported in : [1975]101ITR605(Bom)
..... assessable income or profits does not necessarily mean that the assessable income must from part of the accounting profits with which the income-tax officer is concern while acting under section 23a. in the context of the present case, therefore, the mere fact that the item of rs. 1,01,189 was considered as includable in the ..... profits. in this view of the matter, the tribunal confirmed the view taken by the two taxing authorities below that the case attracted thee provisions of section 23a(1) of the act. at the instance of the assessee the aforesaid question has been referred to us for our determination.5. mr. shah, appearing for the assessee, principally ..... the income-tax officer's view, after making provision for tax liability there was distributable surplus available with the assessee-company, he passed an order under section 23a of the act. initially by his order dated march 24, 1960, the income-tax officer passed an order to the effect that the un distributable portion of the assessable .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-03-1973
Reported in : AIR1973Bom262; 1973MhLJ451
..... of the jahagirdar; they were not in actual possession thereof but the defendant no.1, who being in possession had become the occupant under the provisions of section 68 of the act. the land was put to partition amongst the defendants and fell to the share of defendants nos. 2 to 4, and the state further recognised the right ..... by a sale deed. upon that he further held that the transfer made by umabai would be void.14. the learned single judge further considered whether section 43 of the transfer of property act was available to the transferee and answered it in the negative.15. then the question as to whether the property being inam property, and not ..... , we are not inclined to enter upon the question whether the transfer admittedly made in favour of the defendant no.1 was void or violable or section 43 of the transfer of property act is attracted.35. in the result, therefore, this appeal would be allowed and the suit of the plaintiffs would stand dismissed. the cross-objection filed .....
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