Court : Punjab and Haryana
Decided on : Mar-21-1949
Reported in : [1950]18ITR33(P& H)
..... case of a non-resident, what income, profits or gains are deemed to accrue, or arise, or to be received in british india under the provisions of the act; and from section 42(1), we find that all profits or gains accruing or arising to a non-resident, whether directly or indirectly, through or from any business connection or property ..... , whether such income, profits or gains were received or deemed to be received in or brought into british india [within the meaning of section 14(2)(c) of the act], or whether section 42(3) of the act had any application. the question was not considered in this case, whether the assessees buying of the materials which he exported and sold was ..... tribunal in its order of reference and in their final form they are as follows :-1. is mere purchase of raw material an operation within the meaning of section 42(3) of the act ?2. can any profit arise out of mere purchase of raw material ?3. whether there was any material before the tribunal to hold what proportion of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : AIR1951Mad590
..... arose before us and was discussed whether an appeal lay to the federal court against the judgment of this court, we may deal with the point briefly.2. under section 3 of act i [1] of 1948, as from the appointed day, that is, 1-2-1948, an appeal shall lie to the federal court from any judgment to which the ..... , letters patent of the bombay high court, from a decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51, income-tax act of 1916. from the elaborate discussion of their lordships and from the final conclusion, it becomes abundantly clear that the ratio decidendi of that decision was that the ..... decision or judgment or order made by the high court under section 51, income-tax act, 1918, was merely advisory, and not in the proper and legal sense of the term, final. it was necessary for their lordships to discuss the import of .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1949
Reported in : (1949)2MLJ74
..... arose before us and was discussed whether an appeal lay to the federal court against the judgment of this court, we may deal with the point briefly.2. under section 3 of act i of 1948, as from the appointed day, that is, the first day of february, 1948, an appeal shall lie to the federal court from any judgment: ..... of the letters patent the words are' from any final judgment, decree or order.' it may be noticed that according to the definition contained in section 2(b) of act i of 1948 'judgment to which this-act applies ' means ' any judgment, decree or final order 'and not' any final judgment, decree or order'. the difference in the language makes the ..... patent of the bombay high court from a decision of the high court upon a case stated and referred to it by the chief revenue authority under section 51 of the indian income-tax act of 1918. from the elaborate discussion of their lordships and from the final conclusion, it becomes abundantly clear that the ratio decidendi of that decision, .....
Tag this Judgment!Court : Chennai
Decided on : Mar-23-1949
Reported in : (1949)2MLJ413
..... faith could be predicated or postulated in respect of a situation characterised by want of due diligence or by gross negligence. for the purpose of the indian limitation act, we have in section 2 thereof the definition of good faith which enacts that, unless there is anything repugnant in the subject or context, nothing shall be deemed to be done ..... rule 9, civil procedure code and that the same reasoning would apply to the case of junior members of a marumakkattayam or aliyasanthana family. referring to thenju v. chimmu i.l.r.(1884)mad. 413, mr. sundara aiyar made the observation earlier in his book at page 92, as noticed by venkataramana rao, j., himself that it is not clearhow much ..... the doubt expressed by the learned author at page 92 is well founded, and for reasons already stated by us thenju v. chimmu i.l.r.(1884)mad. 413, cannot be accepted and acted upon as correct law in view of the full bench decision. the analogy of cases of minors relied on by the learned author in support of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-24-1949
Reported in : 1949CriLJ834
..... with section 302 of the code ..... b. 19 (c), arms act cr in the alternative under section 114, penal code read with section 19(c), arms act,, under section 19 (f), arum act, under section 5, explosive substances act cr in the alternative under section 5, explosive substances act read with section 6 of the act, under section 4(b), explosive substances act read with section 6 of the act, under b. 6, explosive sub-stances act read with section 6 of the act, under section 115, penal code read .....
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]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-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-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!