Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: privy council Page 8 of about 353 results (0.027 seconds)

Williams and Another Vs. Singer and Others

Court : House of Lords

..... assessable as trustees on behalf of the life tenants, who would accordingly be entitled to the benefit of the exemption contained in the proviso in s. 5 of the finance act, 1914. the assessments in question in pool v. royal exchange assurance co., which were made upon the respondents as trustees for the beneficiary mrs. munthe, and were ..... a trustee or agent for others and he is taxed on behalf of and as representing his beneficiaries or principals. this is made clear by the language of many sections of the act of 1842. for instance, s. 41 provides that a person not resident in great britain shall be chargeable "in the name of" his trustee or agent. ..... provisions of s. 108, for regulating the mode in which duty in respect of profits or gains arising from foreign possessions or foreign securities is to be assessed. the section contains a provision in the following words: "in default of the owner or proprietor thereof being charged, the trustee, agent, or receiver of such profits or gains .....

Mahabir Singh Vs. Emperor

Court : Allahabad

Reported in : AIR1916All169; 36Ind.Cas.479

..... ram lakhan or other licensed recruiters. under the act such financing is not forbidden by law and no conviction can lie for it. it has, however, been found on the evidence that mahabir has taken ..... on his behalf was to show that the conviction under section 164 of act vi of 1901 was illegal. it was contended (1) that mahabir singh had committed no act which would bring him under section 164 of act vi of 1901,(2) that separate convictions under section 342 and under section 164 of act vi 1901 for the same offence were contrary to law. ..... 2. mahabir singh is in no way licensed under act vi of 1901; he is a person entirely outside the act so far as any license or authority is concerned.3. the idea set out is that if he committed any act at all it. was the act of financing .....

The Commissioner of Income-tax Vs. Valliammai Achi, Wife of S.M.A.M. R ...

Court : Chennai

Reported in : (1939)1MLJ31

..... being a statute which is passed annually. it is a permanent enactment but it may not be enforced in any particular year until the finance act has been passed. section 4 cannot be divorced from section 3 and as section 3 charges the tax on the income off 'the previous year it must, we consider, be charged on the income received in what ..... as described or comprised in section 6, from whatever source derived, accruing or arising or received in british india or deemed under the provisions of this act to accrue, or arise, or to be received in british india.3. it is said that as the income-tax act does not come into operation in any year until the finance act has been passed, the ..... income-tax act must be treated as a statute which is passed every year, and the words 'british india' must be deemed to mean british india .....

Commissioner of Income-tax, Madras Vs. Valliammai Achi.

Court : Chennai

Reported in : [1938]6ITR720(Mad)

..... divorced from section 3, and as section 3 charges the tax on the income of the previous ..... passing of the finance act and not what it was in the previous year. we do not accept this argument. it is true that the income-tax act cannot be applied in any year until the finance act has been passed but the act cannot be treated enactment but it may not be enforced in any particular year until the finance act has been passed. section 4 cannot be .....

Commissioner of Income-tax (Central), Calcutta Vs. the Burma Oil Compa ...

Court : Kolkata

Reported in : [1949]17ITR343(Cal)

..... of the observations in the english case it is only meet and proper to state the relevant provisions of the english statute. finance act, 1920, section 27, sub-section (1), as amended by the fiance act, 1927, section 46 and schedule v, part ii, section 2(1), provides :-'if any person who has paid, by deduction or otherwise, or is liable to pay united kingdom ..... 1 of part ii of the india and burma (income-tax relief) order is almost in terms similar to the first proportion of the provisions of section 27, sub-section (1), of the finance act, 1920.it fell to be decided in the decision above referred to as to what was meant by the expression 'part of income'. the facts of ..... the united kingdom, a rate bearing to the difference between the total rate at which he was entitled to, and obtained, relief in the united kingdom under section twenty-seven of the finance act, 1920, in respect of that income, and the sum of the two lowest of the three rates of tax the same proportion as the indian rate .....

De Robeck Vs. Inland Revenue

Court : House of Lords

..... she was in such a position. the trustees were executors, and, under the provisions of the settlement, the whole estate was under their control, and, therefore, under section 6, subsection (2), of the finance act, 1894, they were in a position, if they chose, to elect to pay the estate-duty on the heritable property, and, having done so, they became accountable ..... in a return made in connexion with any claim for a deduction from assessable income, but subject to the provisions hereinafter contained. and by section 19 of the income tax act of 1918, as amended by the finance act, 1920, it is provided: 19. for the purpose of any claim for an allowance or deduction the income arising from the ownership of ..... viscount dunedin(read by lord carson). [after the narrative quoted supra]by section 5 of the income tax act of 1918, as amended by the finance act of 1920, it is provided:5. (1) for the, purposes of super-tax, the total income of any individual from all sources shall be taken to be the .....

In Re: Neem Chand Daga

Court : Kolkata

Reported in : AIR1931Cal686

..... of such part, when proceedings under the said section against the firm itself in respect of the said part have failed for lack of jurisdiction and fresh proceedings are time barred ?4. in my opinion the answer is in the affirmative. the indian practice is to] impose income-tax by the finance act of each year at certain graduated rates upon individuals ..... to firms which are not registered as well as to those which are registered. while both firms and individuals are liable to the tax by the plain wording of the finance act, the clause exempts the individual from payment in respect of certain profits as soon as those profits are in the hands of the firm assessed, but it does not ..... appropriate to his true income. he is clearly a person liable to pay tax on income of his own which has escaped assessment. what answer has he to the finance act of 1927 which imposed these taxes upon him in my opinion he has none.9. the question referred to us should be answered in the affirmative and the assessee .....

Commissioner of Income-tax Vs. the National Mutual Association of Aust ...

Court : Mumbai

Reported in : AIR1933Bom427; (1933)35BOMLR896; 147Ind.Cas.370

..... clauses is intended to be enumerative and not exhaustive and it has an extending force and does not limit the meaning of the term. in the corresponding section 3 in the english finance act of 1915 the words are 'through or from any branch, factories, agency, receivership or management.' in my opinion, the expression 'business connection' is ..... company carrying on mutual insurance business was carrying on business within the meaning of section 52, sub-section (2)(a), of the finance act, 1920. i think that the same reasoning must apply to the words 'business connection' in section 42 of the indian income-tax act, and i am not prepared upon this point to accept the view expressed ..... carrying on mutual insurance business was carrying on business within the meaning of section 52 of the finance act of 1920.22. in the course of the discussion it was suggested that before section 42 can apply it is necessary that a notice under section 43 must be served on a person by the income-tax officer stating .....

Commissioner of Income Tax, Bombay Vs. National Mutual Life Associatio ...

Court : Mumbai

Reported in : [1933]1ITR350(Bom)

..... interpretation clauses is intended to be enumerative and not exhaustive and it has an extending force and does not limit the meaning of the term. in the corresponding section 3, english finance act of 1915, the words are 'through or from any branch, factories, agency, receivership or management.' in my opinion, the expression 'business connexion' is a ..... that a company carrying on mutual insurance business was carrying on business within the meaning of section 52, sub-s. (2) (a), finance act, 1920. i think that the same reasoning must apply to the words 'business connection' in section 42, income-tax act, and i am not prepared upon this point to accept the view expressed by the ..... in cornish mutual assurance co. v. inland revenue commissioners that a company carrying on mutual insurance business was carrying on business within the meaning of s. 52, finance act, 1920.in the course of the discussion it was suggested that before s. 42 can apply it is necessary that a notice under s. 43 must be .....

East India Prospecting Syndicate Vs. Commissioner of Excess Profits Ta ...

Court : Kolkata

Reported in : AIR1952Cal40,[1951]19ITR571(Cal)

..... act of 1940. section 39 of the english act was as follows:'the trades and businesses to which this part of this act applies are all trades or businesses (whether continuously carried on or not) of any description ..... same to account and was therefore carrying on a business within the meaning of section 39 of the finance (no. 2) act, 1915 and was accordingly liable to be assessed to excess profits duty under the act.27. it is to be observed that the definition of 'business' in the finance (no. 2) act of 1915 was very different from the definition contained in the indian .....