Court : Mumbai
Decided on : Mar-23-1949
Reported in : (1949)51BOMLR699; [1949]17ITR545(Bom)
..... the lessees paid the lessor for that species of occupation which the contract between them allowed and it was, therefore, income from other sources within the meaning of section 12 of the act. of course it is to be noted that in this case the privy council was looking at the matter from the point of view of the vendor and not .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : AIR1950Bom29
..... c.j.1. the question that arises on this reference is whether a certain amount paid by an employer to his employees is a valid deduction under section 10 (2) (xv), income-tax act, 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively for the ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not has to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : [1950]18ITR47(Bom)
..... time after the close of the standard period,' and obviously this rule can only apply to those companies which have a standard period. when we turn to the act itself, section 6 deals with standard profits and lays down various standard periods for which profits have got to be assessed in order to arrive at a conclusion as to what ..... rather surprisingly he took the view that the expression 'profits' used in rule 5 should not be given the same meaning as given by the definition contained in section 2(19) of the act. according to him the word 'profits' should carry the meaning of actual profits. as i have pointed out earlier, that view is in my opinion erroneous ..... option given by this proviso, and it is not disputed before us that this particular assessee did not have any standard period as indicated in sub-clause (2) of section 6. the sub-clause contains four different periods which may be adopted by an assessee as the standard period at its option. but the assessee bank having exercised its .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : (1949)51BOMLR708
..... 1. the question that arises on this reference is', whether a certain amount paid by an employer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act,' 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively ..... to tax for excess profits tax under the excess profits tax act, and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions are permissible under section 10 or not have to be considered. the excess profits tax act gives wider powers to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income-tax act, he may still disallow it under the excess profits tax act. but in this case as the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-24-1949
Reported in : [1949]17ITR533(Bom)
..... j. - the question that arises on this reference is whether a certain amount paid by an exployer to his employees is a valid deduction under section 10(2)(xv) of the indian income-tax act, 1922, and in order to determine it we have got to consider whether it is an expenditure laid out or expended wholly and exclusively for ..... to tax for excess profits tax under the excess profits tax act. and, therefore, in order to arrive at the total income of the assessee for both purposes the question whether deductions re permissible under section 10 or not have to be considered. the excess profits tax act gives wider powders to the excess profits tax officer and that ..... is that although a deduction may be permissible under the income -tax act, he may still disallow it under the excess profits tax act. but in this case, as .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : AIR1950Bom61
..... dividend cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section 18(3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest on ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23(a) of the act.8. with regard to the second question, sir jamshedji contends that the share-holders are not liable to pay any dividend and therefore such a ..... dealing with income-tax references is an advisory jurisdiction. it is a strictly limited jurisdiction and the limits of that jurisdiction are clearly laid down in section 66 of the act. the nature of that jurisdiction is to advise on questions of law that arise out of orders made by the appellate tribunal, and the advise that .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : (1949)51BOMLR725
..... cannot be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section. 18 (3a) casts an obligation upon any person responsible for paying to a person not resident in british india any interest not being 'interest ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23a of the act.8. with regard to the second question, sir jamshedji contends that the shareholders are not liable to pay any dividend and therefore such a dividend ..... any part of these profits by way of dividends to its shareholders who were three in number. thereupon the income-tax officer took action under section 23a (1) of the act and ordered that all the assessable profits of the company should be deemed to have been distributed amongst the shareholders of the company. after the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : [1949]17ITR499(Bom)
..... be recovered from the assessee company itself. now, in this case the income-tax officer had acted under section 18(3a) and section 18(3c). section 18(3a) casts an obligation upon any person responsible for paying to a personal not resident in british india any interest not being 'interest ..... to take the agreement between the state and the assessee company into consideration, the income-tax officer was fully competent to make the necessary order under section 23a of the act.with regard to the second question, sir jamshedji contends that the shareholders are not liable to pay any dividend and therefore such a dividend cannot ..... part of these profits by the way of dividends to its shareholders who were three in number. thereupon the income-tax officer took action under section 23a(1) of the act and ordered that all the assessable profits of the company should be deemed to have been distributed amongst the shareholders of the company. after the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-25-1949
Reported in : AIR1949Bom367; (1949)51BOMLR623
..... based upon the consideration of the hardship to the individual and also upon the larger consideration of public policy. the doctrine of lis pendens enacted in section 52 of the transfer of property act is, i think, based upon expediency, that is, upon the consideration of hardship that may be caused to a party by the opposite party ..... 1(5, 1942, by the learned joint first class subordinate judge holding that there was no legal objection why he should not treat the application as one under section 47 of the civil procedure code and further holding that the application was within time as it had been filed within three years from the date of dispossession. the application ..... transferring the property pending the suit so as to defeat the right of the first party. the principles underlying these sections have been stated in the leading .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-29-1949
Reported in : AIR1949Bom314; (1949)51BOMLR556
..... acquirer of the watan land. if there was an alienation, the alienee and his family could never become watan family within the meaning of the act, and section 2 of act v of 1886 only applied to the watan family. that is, the special law of succession laid down only applied to the original acquirer and his ..... person who was also entitled to hold the hereditary office, that, however, does not appear to be strictly consistent with the provisions of the watan act. for instance, section 5(2) imposes a prohibition against alienation of watan property even though in respect of the office of the watandar a service commutation settlement has been ..... 309 and 285. the learned trial judge held that narayanrao was not a watandar within the meaning of the watan act and that therefore these alienations cannot be challenged under section 5 of the act. section 5 of the act contains a prohibition against alienations of watan property and watan rights, and such alienations if made cannot endure beyond the .....
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