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 : Karnataka
Decided on : Mar-12-1973
Reported in : [1974]95ITR532(KAR); [1974]95ITR532(Karn); (1973)2MysLJ137
..... ). the petitioner preferred revision petitions against the net wealth, but the same were dismissed. 2. the wealth-tax officer initiated proceedings for imposition of penalty under section 18 of the act. by separate orders made on august 22, 1970, he imposed penalties ranging from rs. 3,986 to rs. 5,191. the total amount of penalty levied ..... the order imposing penalty, the petitioner preferred five revision petitions in w. t. l. r. ps. nos. 530, to 534/70 c. i. t. under section 25 of the act. before the commissioner, the petitioner urged two grounds. firstly, that the related returns were not without reasonable cause; secondly, he urged that relief could be given to ..... power under the same as the petitioner clearly does not satisfy the conditions laid down for exercise of that power. in order to obtain relief under section 18(2a) of the act, one of the essential pre-requisite conditions is that the assessee should have voluntarily filed his returns. the counter-affidavit filed on behalf of the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1973
Reported in : 1974CriLJ542; 1973MhLJ612
..... was recorded that the accused had not disclosed to the complainant the fact of encumbrance of the society. however, in view of the provisions of sections 3 and 55 of the transfer of property act the learned judge took the view that the controversy involved in these proceedings was of a civil nature. in this view of the matter the ..... the complainant to believe that the property was free from all encumbrances, when in fact to his own knowledge it was not. therefore, this act of the accused definitely amounted to cheating as defined in section 415 of the indian penal code. it is no doubt true that on the basis of an indemnity clause in the sale-deed, complainant ..... not correct. whether a particular transaction also gives rise to a civil liability or not is not relevant for deciding the act as to whether the accused is guilty of an offence of cheating under section 415 read with section 420 of the indian penal code. a person cannot be allowed to take advantage of his own wrong and then ask .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Mar-12-1973
Reported in : [1974]33STC192(AP)
..... on the seller or the purchaser) under the sales tax law of the appropriate state if that sale had taken place inside that state.9. by the same amending act section 10 was enacted which reads:exemption from liability to pay tax in certain cases. -- (1) where any sale of goods in the course of inter-state trade or ..... classification is irrational or unreasonable. it cannot also be validly contended that the said classification based on such valid policy has no nexus with the object which section 10 of the act seeks to achieve. it must be remembered that the state has a wide discretion in matters in relation to taxes. the legislature has a wider discretion in ..... decision was that the uncertainty and the conflict of opinion which prevailed were set at rest. the result of the construction placed by the supreme court on section 9 of the act compelled the parliament to more clearly lay down its policy regarding the central sales tax. in order to lay down such policy clearly the central sales tax .....
Tag this Judgment!Court : Orissa
Decided on : Mar-13-1973
Reported in : AIR1974Ori75
..... it may be stated at the outset that in the writ application, exception had been taken to the validity of clauses (e) and (f) of sub-section (1) of section 6 of the principal act. section 6 provides for the constitution of a committee for the management of the temple and it provided in clauses (e) and (f) that three persons were to ..... contravened must, therefore, be rejected.11. the next question is whether either or both the provisions affect the finality given to the record-of-rights under section 6 of the act of 1952. taking section 15-b first, it provides that any sevak other than the raja may make an application to the administrator to effect any change in the entry ..... authority or a forum is not a fundamental right. in respect of the objection taken to the validity of clause (b) of sub-section (5) of section 30-a introduced by section 14 of the amending act it is stated that it is based upon a misconception of right guaranteed in the constitution. a person may have a right to sell .....
Tag this Judgment!Court : Allahabad
Decided on : Mar-13-1973
Reported in : AIR1973All579
..... that he recommended for the appointment of an authorized controller, as in his opinion serious irregularities existed in the institution which could lead to a serious and explosive situation and that the explanation of the managing committee appeared to be baseless. there is not a single word in his recommendation which may show that in ..... accepted, as is contemplated by section 16-d (4) (5a) of the act.3. on behalf of the respondents it is contended that before making his recommendation to the state government, the director of education served a ..... director of education afforded an opportunity to the petitioner to have its say in the matter before making a recommendation to the state government under section 16-d (3) of the act, nor did the state government give an opportunity to the petitioner to explain why the recommendation made by the director of education be not .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-13-1973
Reported in : AIR1974P& H92
..... ,538,76. the facts of this case may briefly be stated thus:2. the petitioners are running their business and are licensees under section 10 of the punjab agricultural produce markets act, 1961, hereinafter referred to as the act. the petitioners are commission agents and pacca arhtias and bring gur, shakkar and khandsari from outside mandis in packed condition at their shops which ..... supreme court in m/s. hindustan steel ltd. v. state of orissa, air 1970 sc 253, observed thus:--'under the act penalty may be imposed for failure to register as a dealer: sec 9(1) read with section 25(1)(a) of the act. but the liability to pay penalty does not arise merely upon proof of default in registering as a dealer. an .....
Tag this Judgment!Court : Gujarat
Decided on : Mar-13-1973
Reported in : [1977]107ITR637(Guj)
..... to answer the question referred to us; and we may leave it to the tribunal to take appropriate steps to adjust its decision under the relevant section of the income-tax act. if we direct the tribunal to submit a supplementary statement of the case, the tribunal would be restricted to the evidence on record and may not ..... and in paragraph 5 of its order, the tribunal has observe : 'the only provision under which the assessee could claim some deduction is under section 32(1)(iii) of the act which allows something known as obsolescence allowance. but this also the assessee cannot claim this year because all the furniture that was purchased by him was ..... repairs it must necessarily amount to reconstruction. on the facts of that particular case, the madras high court held that the expenditure was allowable under section 10(2)(v) of the act. 24. we have referred to these different decisions for the purpose of pointing out as to under what circumstances different courts have allowed deduction for .....
Tag this Judgment!Court : Chennai
Decided on : Mar-13-1973
Reported in : AIR1973Mad465
..... portion during the vacancy his request was not considered. the taxation appeals committee thought that it had no jurisdiction to consider a matter relating to section 105 of the madras city municipal corporation act and that was also the view of the small cause judge. in his view the court has no jurisdiction to go into the matter whether ..... was vacant or remained unlet.3. we are inclined to think the view of the small cause judge on both the matters cannot be sustained. section 99(1) of the city municipal corporation act authorises the council by a resolution to determine that a property tax shall be levied on the buildings and lands within the city. the components of ..... general and special exemptions and stating that property tax is a first charge on the property tax is a first charge on the property the act goes on to deal with vacancy remission in section 105. it says that when any building whether ordinarily let or occupied by the owner himself has been vacant and unlet for thirty or .....
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