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The Secretary, Board of Revenue (income-tax) Vs. the Madras Export Com ...

Court : Chennai

Reported in : 71Ind.Cas.756; (1923)44MLJ290

..... a person whose income is to be taxed is not himself available. in this view, we are supported by authority, for much the same point arose in england. section 31(2) of finance act 2 of 1915 is in the following terms: 'a non-resident person shall be chargeable in respect of any profits or gains arising whether directly or indirectly through or ..... of a selling business, the place where the sales are effected and the profit thereby realised. the latter decision interprets section 31(1) and (2) of the british finance act ii of 1915 which closely resembles section 33(1) of the british india income-tax act of 1918, and it is noteworthy that, though in the case of sulley v. the accountant general (1860) 5 .....

Ramanathan Chetti and ors. Vs. Delhi Badaha Tevar and ors.

Court : Chennai

Reported in : AIR1931Mad335; 131Ind.Cas.840

..... of them being ladies, of course, were able to go behind the purdah.10. the particulars endorsed on the mortgage-bond are those required by sections 58 and 59, registration act, section 58 requires that there shall be endorsed the following particulars, namely, the signature and admission of every person admitting the execution of the document, the ..... 1's brother relating to an appeal to the privy council and for the purpose of getting all the mortgagees, including plaintiff no. 1's brother, to finance that appeal. this letter was written about four years before the present suit was filed, and this, the ad vacate-general argues, shows that the suit mortgage ..... exclusive right to all the properties. in the written statement filed in that suit boothaka nachiar and vengu nachiar pleaded the before mentioned arrangement. in order to finance that litigation and for other expenses the suit mortgagers alleged to have been executed this suit was compromised on 10th march, 1902, and as result of that .....

O. Rm. M. Sp. S.V. Meyyappa Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Reported in : AIR1943Mad504

..... k.b. 686 where it was held that if the owner of a business sells it to a company, the business is not discontinued within the meaning of section 24 (3), finance act, 1907, which provides that where a profession, trade, or vocation is discontinued, a person charged or chargeable with income-tax in respect of that profession, trade or ..... ) has been in existence side by side with a provision for relief in cases of discontinuance (rule 8(2) of the same rules corresponding to section 25 (3), finance act, 1907), but this has not been considered to warrant the wider interpretation of the word 'discontinued' favoured by the bombay high court (see bartlett v. inland revenue commissioners. ..... decision the following question:whether the income of the family from 13th april 1938 to 2nd june 1938 is not liable to be taxed by virtue of section 25 (3), income-tax act?2. in his statement of the case, the commissioner has suggested that the application of the petitioner made to the income tax officer on 22nd .....

O. Rm.M. Sp. S. Vs. Meyyappa Chettiar V. Commissioner of Income-tax Ma ...

Court : Chennai

Reported in : [1943]11ITR247(Mad)

..... . inland revenue commissioners, where it was held that if the owner of a business sells it to a company, the business is not discontinued within the meaning of section 24(3) of the finance act, 1907, which provides that where a profession, trade, or vocation is discontinued, a person charged or chargeable with income-tax in respect of that profession, trade or vocation ..... ) had been in existence side by side with a provision for relief in cases of discontinuance [rule 8(2) of the same rules corresponding to section 25(3), finance act 1907], but his has not been considered to warrant the wider interpretation of the word discontinued favoured by the bombay high court (see bartlett v. commissioners of inland revenue and .....

In Re: Stamp Act

Court : Kolkata

Reported in : AIR1928Cal566

..... on demand, it is prima facie freed from stamp duty by the amendment introduced by the finance act (5 of 1927).2. when we come to consider the question whether it is a bill-of-exchange, we have to refer to clause 2, section 2, stamp act. by that clause 'bill-of-exchange' is defined as meaninga bill-of-exchange as defined ..... payee, the commercial syndicate ltd., on the other. the question is whether these instruments are required to be stamped by virtue of the terms of the stamp act as amended recently by the finance act, 1927, and i shall discuss first whether this instrument is a bill-of-exchange within the meaning of the phrase as it is used in the stamp ..... by a firm upon itself. mookerjee, j., held that the instrument before him did not fall within the wider definition of 'bill-of-exchange' given by sub-section 2, section 2, stamp act. i cannot say that it is evident to me that the document before him was not oneentitling any person whether named therein or not, to payment by any other .....

The English and Scottish Joint Co - Operative Wholesale Society Ltd. V ...

Court : Privy Council

..... company's assessment was under consideration. [3] the assam agricultural income - tax act applies to all agricultural income derived from land situated in the province of assam (s. 5) and it provides by the charging section (s. 3) that agricultural income - tax at the rate specified in the annual assam finance acts shall be charged for each financial year on the total agricultural income ..... of the previous year. the part of the definition section (s. 3) which is relevant to the present case defines agricultural income .....

Hoani Te Heuheu Tukino Vs. Aotea District Maori Land Board

Court : Privy Council

..... tribe and as representing the owners of the said lands against the respondent board in the supreme court of new zealand. section 14, native purposes act, 1935, which replaced a substantially similar provision in s.10, new zealand finance act, 1934-35, so far as here material, provided as follows : 14.-(1) the aotea district maori land board ..... (hereinafter in this section referred to as the board) is hereby authorized, empowered and directed to accept the offer of the egmont box company limited ..... were the legal owner of the premises. no new agreement was arrived at or executed, and thereupon s. 10, finance act, 1934-35, was passed which was shortly thereafter superseded by s. 14 of the act of 1935 and the statutory charge on the lands followed, against which the appellant seeks to be indemnified by the .....

inland Revenue Commissioners Vs. Lawrence, Graham and Co.

Court : Kolkata

Reported in : [1938]6ITR691(Cal)

..... 1931-32, it being sought to justify such assessment under the provisions of rule 21 of the general rules applicable to all schedules of the income tax act, 1918, amended by section 26 of the finance act, 1927.that rule, so far as is material is in these terms : '(1) upon payment of any interest of money... charged with tax under schedule d... not .....

Tilley Vs. Wales (inspector of Taxes)

Court : House of Lords

..... clearly a profit from the office, and, as regards the ten-year pension, he held that, as the pension would have been assessable under schedule e by virtue of section 17 of the finance act 1932, the sum payable in commutation thereof was assessable under schedule e, and he based this finding on the decision in short brothers ltd. v. commissioners of inland ..... received upon the sale or surrender of pension rights is not taxable under schedule e because it is neither pension nor annuity and comes under no other heading of that section. it is in the head notes to dewhurst's case said to be exempt as being capital and not income. it is not, as i think, a pension or annuity ..... to the appellant in two instalments at a year's interval under the agreement of 6th april 1938 is chargeable to income tax under schedule e of the income tax act of 1918, as paid to him in respect of his office of director and coming within the words of rule i of schedule e, vizt, all salaries, fees, wages, perquisites .....

D. Moody, Managing Director, Victor Oil Co. Ltd. Vs. Emperor

Court : Kolkata

Reported in : AIR1940Cal579

..... diesel oil, and in so doing brought himself within the provisions of the act read in connexion with the finance act of 1922. the petitioner denies the allegation. but the prosecution have certainly now some circumstantial evidence from which a court of fact might be asked to infer ..... petitioner had been convicted and then moved this court on the ground that a wrong procedure had been followed, it would have been held that the case was covered by section 537, criminal p.c. but, unfortunately, that stage has not yet been reached. the present position is that it is really impossible for us as a court of ..... is the managing director of a firm called the victor oil co. ltd. he has been put on his trial for certain alleged offences under the motor spirit (duties) act of 1917. i do not propose to set out all the facts at length. briefly the contention of the crown is that the petitioner mixed some kerosine oil with .....