Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Sorted by: recent Court: privy council Page 10 of about 1,485 results (0.067 seconds)

Mt. Ummatul Rahman Vs. Sri Ram

Court : Allahabad

Reported in : AIR1945All277

..... advance is a loan or part payment must depend upon the construction of the agreement between the parties. if it appeared that the money was advanced by way of financing a party who had promised in consideration of the advance eventually to sell a commodity, the transaction would doubtless be a loan. on the other hand, if there ..... till the transaction was concluded. when the decree-holder sought to execute the decree, the judgment-debtor made an application under section 8, debt redemption act, praying that the amount decreed should be reduced under the provisions of the act. both the courts below have held that the judgment-debtor was an agriculturist but that the sum of rs. 1100 did ..... . this defence had been overruled. it has been urged before me that the sum of rs. 1100 was at least a loan within the meaning of the debt redemption act and reliance has been placed on the decision in har prasad v. sewa : air1938all461 that case, however, does not lay down any general rule of law. it depends .....

K. Ramasubramania Mudaliar Vs. the Salem Urban Co-operative Society, L ...

Court : Chennai

Reported in : AIR1945Mad434; (1945)2MLJ2

..... to the society by a member or a person claiming through a member is a dispute touching the business of the registered society. in the body of section 51 of the madras act express provision is made that a dispute between a member, past member or person claiming through a member regarding a dispute should be referred to the registrar. ..... , whether such debt or demand be admitted or not, is a dispute touching the business of the society within the meaning of this sub-section.4. this explanation was added in the madras act so as to remove any doubt on the question whether a debt due by a member is a dispute touching the business of a registered ..... business of a co-operative society being to finance its members, a dispute concerning the financial obligations of its members to the society is a dispute concerning the business of the society. this provision is in the madras act enacted in section 51. reliance is placed on the wording of the explanation to section 51 which has already been set out and .....

Maharaja of Pithapuram Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1946)48BOMLR13

..... of the appellant or his daughters,, nor assessment of such income, until the passing of the indian finance act of 1939, which imposed the tax for 1939-1940 on the 1938-1939 income and authorised the present assessment. by sub-section (7) of section 6 of. the indian finance act, 1939, income-tax for the year beginning on april 1, 1930, is directed to be charged ..... at the rates specified in part i of sch. ii, and rates of super-tax are also provided for, and by sub-section (3) it is provided that ' for the purpose .....

Maharajah of Pithapuram Vs. Commissioner of Income-tax, Madras

Court : Privy Council

..... time, forms a code, which has no operative effect except so far as it is rendered applicable for the recovery of tax imposed for a particular fiscal year by a finance act. this may be illustrated by pointing out that there was no charge on the 1938-1939 income either of the appellant or his daughters, nor assessment of such income, until ..... 1939, which imposed the tax for 1939-1940 on the 1938-1939 income and authorised the present assessment. by sub-s. (1) of s. 6, finance act, 1939, income-tax for the year beginning on 1st april 1939, is directed to be charged at the rates specified in part i of sch. 2, and rates of super- ..... purpose of this section and of sch. 2, the expression 'total income' means total income as determined for the purposes of income-tax or super-tax, as the case may be, in accordance with the provisions of the income-tax act, 1922." this can only refer to the income-tax act, 1922, as it stood amended at the date of the finance act, 1939, and .....

S. N. A. Al. Chidambaram Chettiar Vs. Commissioner of Income-tax, Madr ...

Court : Mumbai

Reported in : [1945]13ITR177(Bom)

..... from his headquarters. this is why the assessees undivided family was treated in this case as 'resident' in british india within the meaning of section 4-a (b) of the act and the profits accruing abroad were included in the assessment.the respondents learned counsel referred to two additional circumstances as tending to show the separate ..... part of the city. separate sums were allotted as capital and separate sets of accounts were maintained for each of these business. the cloth business was also financed from time to time with the money borrowed by the banking business and interest was charged on such advances. the cloth business made losses and was finally ..... the appellate commissioner and the income-tax appellate tribunal, madras bench, on this point having proved unsuccessful, the assessee applied to the tribunal under section 66 (1) of the income-tax act to state the case and refer it to this court as a point of law was involved, and the tribunal has accordingly referred the following .....

S.N.A.Al.Ct. Chidambaram Chettiar Vs. the Commissioner of Income-tax

Court : Chennai

Reported in : (1945)1MLJ406

..... appellate assistant commissioner and the income-tax appellate tribunal, madras bench, on this point having proyed unsuccessful, the assessee applied to the tribunal under section 66(1) of the income-tax act to state the case and refer it to this court as a point of law was involved, and the tribunal has accordingly referred the following ..... part of the city. separate sums were allotted as capital and separate sets of accounts were maintained for each of these businesses. the cloth business was also financed from time to time with the money borrowed by the banking business and interest was charged on such advances. the cloth business made losses and was finally closed ..... his headquarters. this is why the assessee's undivided family was treated in this case as 'resident ' in british india within the meaning of section 4-a (b) of the act and the profits accruing abroad were included in the assessment.5. the respondent's learned counsel referred to two additional circumstances as tending to show .....

S.N.A. Al. Ct. Chidambaram Chettiar Vs. Commissioner of Income-tax

Court : Chennai

Reported in : AIR1945Mad318

..... the appellate assistant commissioner and the income-tax appellate tribunal, madras bench, on this point having proved unsuccessful the assessee applied to the tribunal under section 66(1), income-tax act, to state the case and refer it to this court as point of law was involved, and the tribunal has accordingly referred the following question ..... part of the city. separate sums were allotted as capital and separate sets of accounts were maintained for each of these businesses. the cloth business was also financed from time to time with the money borrowed by the banking business and interest was charged on such advances. the cloth business made losses and was finally ..... his headquarters. this is why the assessee's undivided family was treated in this case as 'resident' in british india within the meaning of section 4-a(b) of the act and the profits accruing abroad were included in the assessment.8. the respondent's learned counsel referred to two additional circumstances as tending to show .....

Khan Bahadur Chowakkaran Keloth Mammad Keyi Sahib, Karnavan and Manage ...

Court : Chennai

Reported in : AIR1946Mad101; (1945)2MLJ425

..... court below were right in holding that the tax was payable in respect of the half-year. rule 8 of the taxation and finance rules set forth in the fourth schedule to the act reads as follows:(1) the assessment books shall be completely revised by the executive authority once in every five years.(2) the ..... 29th august, 1939, the building was exempt from property tax by reason of section 83(1)(c) of the madras district municipalities act, 1920. on that date, the section was amended by the madras city municipal, district municipalities and local boards (amendment) act, 1939 (madras act xxi of 1939) which inserted a proviso to the effect that nothing contained in ..... clauses (a) (c) and (e) of section 83 should be deemed to exempt from property tax a building for which rent was payable by the person or .....

Wallace Bros. and Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1945)47BOMLR153

..... support of that conclusion.12. the fourth question in the reference raises a question of procedure, viz. the jurisdiction of the particular officer to assess the appellant. section 64 of the act provides that where an assessee carries on a business at any place he shall be assessed by the income-tax officer of the area in which that place ..... enacts that the place of assessment shall not be called in question by an assessee if he has made a return in response to the notice under sub-section (1) of section 22, or if he has not made such a return, it shall not be called in question after the expiry of the time allowed by the notice for ..... or on the same bases as have been adopted or found convenient in england. the imposition and assessment of the tax must necessarily vary according to the exigencies of public finance here and the methods of doing business found to prevail in this country. even as regards persons resident in this country, the indian legislature did not, till very recently .....

Hira Mills Ltd., Cawnpore Vs. Income-tax Officer Cawnpore.

Court : Allahabad

Reported in : [1946]14ITR417(All)

..... accrued or arose 'through or from any business connection in british india.' we think that the answer must be in the negative. the relevant words of section 42(1) of the act are these :-'all income, profits or gains accruing or arising, whether directly or indirectly, through or from any business connection in british india.... shall be ..... the view that the expression 'business connection' was limited by the use of the word 'business' and by the explanation of that word contained in section 2(4) of the act, to such a connection as amounts to a business establishment in the opposite territory, and regarded it as a 'compendious expression to cover such concerns in ..... a concrete sense. in commissioner of income-tax, bombay presidency v. bombay trust corporation, it was held that a company incorporated in hong kong to carry on a finance business, which used virtually its entire capital by way of loan to a company with similar objects in bombay, had a 'business connection' in british india. in .....