Court : Kolkata
Reported in : [1991]191ITR195(Cal)
..... with emoluments at the rate of pounds 8,500 a year or more (section 69(1), as amended by section 23 of the finance act 1978). section 61 introduced into charge to income tax under schedule e a wide range of benefits, where these are provided for the employee or members of his ..... deference to the attractively presented argument of mr. oliver, for the taxpayers, and because this case has certain features which case me concern.section 61(1) of the finance act 1976 requires that in cases where the subsection applies there shall be treated as emoluments of the employment of each of the taxpayers, and accordingly chargeable to income tax ..... apportionment of the relevant expense would produce a figure close to the amount of the ordinary school fees.the relevant statutory provisions are to be found in chapter ii of part iii of the finance act 1976, in particular, sections 61 and 63. those two sections have now been replaced, with amendments immaterial for present purposes, by sections 154 and .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal1
..... 5, the principal cannot be charged and a fortiori the agent cannot be charged with the tax. the section accordingly even as a machinery section would be useless. the english finance act (no. 2) of 1915, section 31 (2) uses the words 'through or from any branch, factorship, 'agency, receivership or management' and the comprehensive expression 'business connection' ..... by no less than six very eminent 'judges'.22. the statute under which the above cases were decided are the income tax act, 1853, and the income tax act, 1842. chapter 34, section 2, schedule d of act 1853 imposes a duty 'for and in respect of the annual 'profits or gains arising or accruing to any person 'whatever, whether ..... ordinarily resident in british india shall be deemed to be profits or gains chargeable under this head'. it may be said, that sections 7 and 11 appear under chapter iii headed 'taxable income' and sections 7 and 11 along with others lay down in detail what would come under the 'heads' of income i to vi .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal34
..... , the principal cannot be charged, and a fortiori the agent cannot be charged with the tax. the section accordingly, even as a machinery section, would be useless.31. the english finance act (no. 2) of 1915, section 31 (2) uses the words ' through or from any branch, factorship, agency, receivership or management' and the comprehensive expression ' business connexion' ..... by no less than six very eminent judges.'14. the statutes under which the above cases were decided are the income tax act, 1853 and the income tax act, 1842. chapter 34, section 2, schedule d of act of 1853 imposes a duty 'for and in respect of the annual profits or gains arising or accruing to any person whatever, ..... person ordinarily resident in british india shall be deemed to be profits or gains chargeable under this head.' it may be said that sections 7 and 11 appear under chapter iii headed 'taxable income,' and sections 7 and 11, along with others, lay down in detail what would some under the 'heads' of income i to vi .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1960Cal433,[1960]40ITR155(Cal)
..... shall be jointly and severally liable for the amount of tax or penalty payable, and all the provisions of chapter iv so far as may be, shall apply to any such assessment or imposition of penalty.'5. the finance act of 1958 received the as-sent of the president on 28-4-1958. the argument of the learned standing ..... firm or the association be jointly and severally liable to assessment under chapter iv and for the amount of tax payable and all the provisions of chapter iv shall so far as may apply to any such assessment.'4. this section was amended by the finance act of 1958 (act no. 11 of 1958). the new section 44 runs as follows:' ..... persons who entered into partnership with one another are called individually 'partners' and collectively 'a firm'. the dissolution of a firm has been dealt with in chapter vi of the indian partnership act. according to section 39, the dissolution of partnership between all the partners of a firm is called the 'dissolution of the firm'. the word 'discontinuance' .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1961Cal578
..... re-arranged-as they appear now. this new sub-section (2),with which we are here more directly concerned, was introduced by an amendment under section 20 of the finance act of 1956 and the broad events, which led to it or necessitated it, may be shortly recounted as follows :98. in 1948-49, the income-tax investigation commission ..... in pursuance of the searches and seizures, made in the aforesaid premises under the said search warrants. the applications were moved before sinha,, j., upon whose report under chapter v. rules 2 and 3. of the original side rules of this court, after the issue of a rule nisi with appropriate and interim injunction in each case, ..... the constitutional aspect of the present matter. these are the three decisions in : [1956]29itr349(sc) , : [1957]1scr233 and 1954 scr 1077 sc, (1954) sca 449 ; : 1978(2)elt287(sc) , all cited above, and, while the first two appear to conclude the point under article 14 against the petitioners, the last two, taken together, do, in their .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]58ITR756(Cal)
..... in section 257(2) of the act of 1952. i had better quote it in ful : 'in this section, and in the subsequent provisions of this chapter, investment company means a company the income whereof consists mainly of investment income, and ..... has now been codified in the income-tax act of 1952. (see chapter iii thereof, comprising sections 245 to 264 inclusive.) in this field, therefore, it is advantageous to be a trading company and disadvantageous, as a rule, to be an investment company.the legislature originally defined an 'investment company' by section 20 of the finance act, 1936. the like definition is now contained .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1964Cal445,1964CriLJ407
..... and mentions section 64 in its second paragraph. but the learned judge chunder, j., did not take into consideration section 53 which is the first section in chapter iii indian penal code dealing with 'punishments'. true effect of section 64 indian penal code and the question whether that section is governed by section 40 or ..... sub-divisional magistrate of asansol (sri a. k. chatterjee) he was empowered by distribution of work with effect from 14th september, 1962 to try motor vehicles act cases. mr. bagchi could not produce anything to show that this magistrate has been empowered under section 260 criminal procedure code to hold summary trials; nor that he was ..... to vitiate the trials and the orders of convictions and sentences were allowed to occur by violating clear provisions of criminal procedure code and also of m. v. act which i have discussed in detail above.26. it is also patent from the matters appearing on the record that all those illegalities and irregularities flowed from .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]77ITR31(Cal)
..... from the assessment proceeding. they are in that sense inseparably connected. it is not open to the income-tax officer or the appellate assistant-commissioner under chapter 21 of the act to take penalty steps against the assessee which does not arise out of the assessment proceedings. in that sense it is not an unrestrained or unqualified ..... observations of that report at page 225 about 'lis' have no application in the present context for the simple reason that here the penalty proceedings under chapter 21 of the income-tax act, 1961, spring from the assessment proceedings before the income-tax officer.51. the second case on which mr. roy relied is emperor v. gulam ..... that the assessee shall be heard or be given a reasonable opportunity of being heard is a requirement before an order imposing a penalty under chapter 21 of the income-tax act, 1961, is made. the order imposing the penalty requires that condition to be satisfied but there is no such limitation for initiating or commencing .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]79ITR93(Cal)
..... that the gross amount inclusive of the commissions and financing charges payable to the foreign agents have been included in your invoice while what you receive is the value of goods at sight this difference is obviously, therefore, paid ..... issued by the customs authorities, it is evident that in paras. 3(d), (e) and (f) to show cause notice no. 2, you have admitted having been financed by buntex s.a. through bunge & co. (london). the invoices prepared by you for all sales effected shows, as your explanation reads for the charge of under-invoicing, ..... person represented by him. (2) where any person is, in respect of any income, assessable under this chapter in the capacity of a representative assessee, he shall not, in respect of that income, be assessed under any other provision of this act.' 10. section 163, in so far as is material for our purpose, provides as follows :'(1) .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]80ITR637(Cal)
..... income of the previous year . . . .' it is to be noticed that the percentages mentioned above have been changed from year to year by the relevant finance acts and during the years under consideration the percentage for distribution in the case of companies like the petitioner were hundred per cent as its accumulated profits and reserves exceeded ..... assessment, but of determining whether the liability should be charged and imposed .... section 23a, before it was amended by the finance act, 1955, was undoubtedly procedural.... section 23a(1) after it was amended by the finance act, 1955, provides within itself machinery for imposition of liability to pay additional super-tax, but it has not on that ..... in abraham's case, where the scope and extent of the meaning to be given to the expression 'assessment' as used in the sections in chapter iv of the act were considered, the court observed that that expression was not used merely in the sense of computation of income and there was no ground, for .....
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