Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Court: privy council Page 12 of about 1,485 results (0.544 seconds)

Rawji Dhanji and Co., in Re.

Court : Mumbai

Reported in : [1940]8ITR1(Bom)

..... of the commissioner is that you can only tax under section 4 the profits which accrued or arose in british india, and that must mean in british india during the year of assessment while the tax is imposed by the finance act of the year. but as you have to impose the ..... the year of assessment is the year 1937-38, during the whole of which burma was not part of british india, but under section 3 of the income-tax act as construed by the high court of calcutta in in the matter of beharilal mullick, i.l.r. 54 cal. 630 the ..... existed in a subsequent year. on the facts as they existed in the previous year burma was part of british india, and therefore under section 24 it is plain that you can set off the loss in rangoon against the profits in bombay. the exact point has been decided ..... beaumont, c.j. - this is a reference made by the commissioner of income-tax under section 66(2) of the act raising a question which does not, i think, present any serious difficulty.the facts are, that the assessees are .....

In Re: Lakshiminarayana Ammal

Court : Chennai

Reported in : (1902)ILR25Mad515

..... whether, where a general power of appointment over a fund is exercised by will, the appointed fund passes to the executor, as executor. for the purposes of section 9, sub-section (1), of the english finance act, 1894, buckley, j., has held that it does; see in re moore [1901] 1 ch. 691, whilst kekewich, j,, and byrne, j., have held that it does ..... chorlton v. walker 10 m. & w. 742, held that, the property appointed by the daughter was not liable to duty. this decision turned entirely upon the construction of section 18 of the act of geo. iii. the enactment which was in force when the case of in the goods of george 6 b.l.r. appx. 188 was considered by sir richard ..... property over which the power was exercised liable to duty, but he considered the case to be substantially the same as if it had arisen under the english act (36 geo. iii, cap. 52, section 18), and he held that duty was not payable on the authority of drake v. the attorney-general 10 cl. & f. 257. under the will in question .....

The Commissioner of Income-tax Vs. Ve.K.R. Savumiamurthy

Court : Chennai

Reported in : (1946)1MLJ297

..... the tax is levied for each financial year commencing on the 1st of april at the rate or rates prescribed in the finance act in force for the time being and is charged on the ' total income of the previous year ' (section 3). the ' previous year ' may be either the financial year next preceding or, at the option of the assessee ..... case, in computing the period or periods when the manager of the hindu undivided family had not been in british india, the seven years in section 4-b of the income tax act should be taken as seven calendar years or seven previous years.it may be mentioned here that the assessee raised before the tribunal an alternative contention, ..... and non-resident in respect of his different sources of income.7. we are, therefore, of opinion that the expression ' seven years ' in section 4-b of the indian income-tax act should be taken as referring to the period of seven years of twelve calendar months each immediately preceding the commencement of the relevant year and we answer .....

Commissioner of Income-tax, Madras Vs. V. E. K. R. Savumiamurthy.

Court : Chennai

Reported in : AIR1947Mad147; [1946]14ITR185(Mad)

..... the tax is levied for each financial year commencing on the 1st of april at the rate or rates prescribed in the finance act in force for the time being and is charged on the 'total income of the previous year' (section 3). the 'previous year' may be either the financial year next preceding or, at the option of the assessee, ..... of the case, in computing the periods when the manager of the hindu undivided family had not been in british india, the seven years in section 4-b of the income-tax act should be taken as seven calendar years or seven previous years.'it may be mentioned here that the assessee raised before the tribunal an alternative connection, ..... with as resident and non-resident in respect of his different sources of income.we are therefore of opinion that the expression 'seven years' in section 4-b of the indian income-tax act should be taken as referring to the period of seven years of twelve calendar months each immediately preceding the commencement of the relevant previous year, .....

L. Rathan Singh Vs. the Commissioner of Income-tax to the Government o ...

Court : Chennai

Reported in : 92Ind.Cas.1051

..... is that of the draftsman of the indian act who threw into, the section the omnibus clause modeled on section xii of 41 vic. ch. xv without, reflecting that such a clause was not wanted in an act which contained the specific deductions taken from the later english finance acts. the result will be that the appeal is allowed with ..... hold that what i may call the omnibus clause (vi) can be construed as extinguishing the right to deductions which are specifically outlined and defined in other sub-sections of the act. we feel the result to be unsatisfactory and to; be one which gives,: more, to the assessee than was intended or indeed is just but the fault ..... over again in another form by having recourse to clause (v). in our opinion, if the legislature meant the various reliefs by way of deductions specified in section 10 of the act: to be alternative and exclusive they could very easily have said so and, in our opinion, if any deduction claimed false within the express words of any .....

In Goods Of: G.A. Quiningborough

Court : Kolkata

Reported in : 30Ind.Cas.958

..... under the law of england, in determining the value of an estate for the purpose of estate duty, allowance is made for debts and encumbrances (finance act 1894, stat. 57 and 53 vict. c. 80, section 17). i am not unmindful that a contrary opinion was adopted in the case of collector of maldah v. nirode kamini debya 15 ind. cas ..... in the law has been effected by these amendments and article 11 must now be interpreted in the light of section 19i, which was inserted in the court fees act by section 2 of act xi of 1899. sub-section 1 of section 19i requires the applicant for probate or letters of administration to file in the court a valuation of the property ..... . as the application has been made by the administrator-general, no affidavit of valuation, such as is required in the case of an ordinary application under section 19h of the court fees act, has been filed. but, in accordance with established practice, the administrator-general has set out in his petition a list of the estate, and in .....

In Re: Maurice Saleh Manasseh

Court : Kolkata

Reported in : AIR1933Cal924,147Ind.Cas.489

..... attorney-general (1843) 10 c1 & fin 257. the material words of this section are almost exactly similar to those in 11. sch. 1, court-fees act. probably in consequence of these decisions, the law in england was altered by statute in section 4, stamp act of 1860, and in section 2, finance act, 189i, and all such property was made liable to duty. in india, ..... confer a beneficial interest,' and 'other property not subject to duty.' the meaning of the word 'property' is not defined either in the court-fees act or the general clauses act. section 91, succession act, provides that:unless a contrary intention appears by the will, a bequest of the estate of the testator shall be construed to include any property which ..... respect of which the grant of probate is made.' in platt v. routh (1840) 6 mlw 756 it was decided that it was not property within the meaning of section 38 of 55 geo. 3, c. 184, namely,the estate and effects of the deceased, for or in respect of which the probate is to be granted.6. .....

inland Revenue Commissioners Vs. British Salmson Aero Engines, Ltd.

Court : Kolkata

Reported in : [1939]7ITR245(Cal)

..... under rule 21, when he comes to make the payment, to deduct the tax. although it now appears broken up into two parts of the act of 1918, it originated in section 25 of the finance act, 1907. that section prohibited such a deduction in calculating profits and gains, but authorised the person paying to deduct tax when he paid. it is not suggested on ..... behalf of the crown that the position since the act of 1918 is in any way different with regard to the matters with which we are concerned .....

Levene Vs. Inland Revenue

Court : House of Lords

..... he was not "ordinarily resident" in the united kingdom within the meaning of s. 46, sub-s. 1, of the income tax act, 1918. on appeal to the special commissioners under s. 27 of the finance act, 1924, those commissioners disallowed the appellant's claim to exemption and confirmed the assessment, subject to a case which they stated for the opinion ..... the whole to 6 months in any year. "the questions for decision are whether he was entitled to exemption from income tax on war loan interest under section 46 of the income tax act, 1918, as a person not ordinarily resident in the united kingdom, and on interest on securities of british possessions under rule 2 (d) of the ..... in the united kingdom, the interest of securities issued with such a condition shall be exempt accordingly." 23. war loan stock was issued under the condition mentioned in the section. 24. in order therefore to support his claims it was incumbent on the appellant to prove that in the one case he was not resident, and that in the .....

Attorney General of British Columbia Vs. Mcdonald Murphy Lumber Co., L ...

Court : Privy Council

..... the king's dominions", with a citation of 12 car. 2, cap. 4, while a modern instance is provided by the finance act, 1910, in which s.3, imposing an export duty on coal is included in part 1 of the act, headed ''customs and excise." mr. lawrence, however, contended that although the tax might accurately be described as an export duty, ..... other schedules, as to the first, is appended a proviso remitting by way of rebate, all the tax over one cent when the timber is used in the province. section 62 of the statute prohibits under a penalty, the export or removal from the province of any timber in respect of which any tax is payable to his majesty in ..... provincial statute of that year, and was subsequently re-enacted with unimportant alterations until in s.58, forest act, being chap. 93, statutes of british columbia, 1924, it assumed the form in which its legality is now for the first time challenged. the section roads as follows: "58. there shall be due and payable to his majesty a tax upon all .....