Judgment Search Results Home > Cases Phrase: finance act 2007 section 12 amendment of section 35 Sorted by: recent Court: privy council Page 12 of about 1,485 results (0.040 seconds)

Suraj NaraIn Vs. Seth Jhabbu Lal and ors.

Court : Allahabad

Reported in : AIR1944All114

..... suraj narain was a partner and his share was six annas. these copies of the assessment orders would be admissible into evidence as corroboration of the statement under section 57, evidence act. the fact that this statement was made at a time when there was no controversy about the matter gives weight to that statement. badri narain is further ..... order has been passed, and that additional copies would be charged for. a very narrow interpretation appears to have been placed on the words 'right to inspect' in section 76, evidence act, it does not necessarily mean that the person should have a right to inspect the original record. (sic) my mind, it only means that he has a ..... badri narain and the evidence of nand lal that suraj narain admitted the fact of partnership and this is corroborated by the conduct of suraj narain himself who certainly financed the shellac business and suffered a loss of rs. 70,000. he maintains that he advanced the money to jagannath prasad sahu on loan but he had no .....

Suraj NaraIn Vs. Seth Jhabhu Lal and Others.

Court : Allahabad

Reported in : [1945]13ITR13(All)

..... narain was a partner and his share was six annas. these copies of the assessment orders would be admissible into evidence as corroboration of the statement under section 57 of the evidence act. the fact that this statement was made at a time when there was no controversy about the matters gives weight to that statement. badri narain is further ..... has been passed, and that additional copies would be charged for. a very narrow interpretation appears to have been placed on the words 'right to inspect' in section 76 of the evidence act. it does not necessarily mean that the person should have a right to inspect the original record. to my mind, it only means that he has a ..... of badri narain and the evidence of nand lal that suraj narain admitted the fact of partnership and this is corroborated by the conduct of suraj narain himself who certainly financed the shellac business and suffered a loss of rs. 70,000. he maintains that he advanced the money to jagannath prasad sahu on loan but he had no .....

Motor House Gujarat, Ld. Vs. Natvarlal Parikh

Court : Mumbai

Reported in : AIR1945Bom54; (1944)46BOMLR693

..... owner who, according to the learned advocate, was the person on whom the incidence of taxation fell.8. in my opinion, this contention cannot be accepted. all that section 22 of the bombay finance act iv of 1939! does is to prescribe, as mr. j. c, shah himself put it, a unit for the purpose of taxation. it merely describes what kind of ..... amount from the rent due to the plaintiffs. that position is conceded before me.7. the only point that is argued by mr. j. c. shah is that under the finance act iv of 1939 which imposed the urban immoveable property tax, the owner of the lands and buildings was liable to pay the tax, and, therefore, it ought to have been ..... tax was being levied under the act. the real incidence of taxation is prescribed in section 26(1) of that act. so far as it is applicable to this case the section says that .....

Superintendent of Stamps Vs. Breul and Co.

Court : Mumbai

Reported in : AIR1944Bom325; (1944)46BOMLR686

..... beneficially for the subject.18. this is concisely put in the phrase ' the benefit of the doubt is the right of the subject.' see the irish case : in re finance act, 1894, and studdert [1900] 2 i.r. 40019. the contract relates to the sale of 50 bales of cotton, and nothing more, and, in my opinion, there ..... & co., through their attorneys, for warded to the collector of bombay in january, 1943, an unstamped documentbear in date january 7, 1943, and applied under section 31 of the indian stamp act for theopinion of the collector as to the duty, if any, which was chargeable thereon.3. as will hereafter appear, the document submitted follows the form of ..... accused persons charged withhaving failed to stamp similar contracts. the judgment of the chief presidency magistrate is annexed to the reference ; and as required by section 57 of the indian stamp act the superintendent of stamps has expressed his own opinion which is as follows :in my opinion the document is a memorandum sent by the broker to .....

Morarji Goculdas and Co. Vs. the Sholapur Spinning and Weaving Co., Lt ...

Court : Mumbai

Reported in : (1944)46BOMLR324

..... wind up was presented by a creditor. in order to get out of their difficulties, it was essential for the company to secure further finance, and the usfual practice in this country is for finance to be provided for the joint stock companies by their managing agents. so the company approached morarji goculdas & co., to see whether ..... firm, it was provided that so long as moneys remained due by the company to the two calcutta firms, under the hypothecation agreement, the two calcutta firms should act as managing partners.4. it was not long after february, 1931, that differences began to arise between the jhajharias, as represented by their principal partner, ramdhandas, and ..... they could provide the finance. at that time there were three partners in the firm, ratansey, tricumdas and shantikumar. they were not able to provide the money themselves ; but they .....

Morarji Goculdas and Co. Vs. Sholapur Spinning and Weaving Co. Ltd. an ...

Court : Privy Council

..... wind up was presented by a creditor. in order to get out of their difficulties, it was essential for the company to secure further finance, and the usual practice in this country is for finance to be provided for the joint stock companies by their managing agents. so the company approached morarji goculdas and; co., to see whether ..... firm, it was provided that so long as moneys remained due by the company to the two calcutta firms, under the hypothecation agreement, the two calcutta firms should act as managing partners. it was not long after february 1931, that differences began to arise between the jhajharias, as represented by their principal partner, ramdhandas, and the ..... they could provide the finance. at that time there were three partners in the firm, ratansey, tricumdas and shantikumar. they were not able to provide the money themselves, but they .....

In Re: Byramshaw K. Illava

Court : Mumbai

Reported in : (1944)46BOMLR129

..... the shareholder in that year.' now, that has to be read for the present purpose in conjunction with the finance act of 1939, section 6(4) (b), which provides :(4) notwithstanding anything contained in sub-section (i) or sub-section (2) where more than half of the total income of any individual or hindu undivided family consists of income ..... applicable for the year 1938.4. the income-tax officer rejected the assessee's claim that his case fell under section 6(4) (b) of the finance act, but in appeal the assistant commissioner thought that the section covered the case, and from his decision the commissioner of income-tax appealed to the tribunal, and the tribunal reversed ..... this' court has been put on a slightly different ground. he relies on sub-section (5) of section 6 of the finance act, which provides :in respect of income to which sub-section (4) applies, the provisions of section 17 of the indian income-tax act, 1922, shall apply to the assessment to be made for the year beginning on .....

Byramshaw K. Illava, in Re.

Court : Mumbai

Reported in : AIR1944Bom143; [1944]12ITR358(Bom)

..... only machinery whereby such a rate could be ascertained was the machinery set up by section 17 of the amended act; and, according to mr. setalvad, as under the finance act by section 6, sub-section (5), section 17 of the amended income-tax act has not to be taken into consideration in determining the rates of super-tax applicable ..... shareholder in that year.' now, that has to be read for the present purpose in conjunction with the finance act of 1939, section 6 (4) (b), which provides :-'(4) notwithstanding anything contained in sub-section (1) or sub-section (2) where more than half of the total income of any individual or hindu undivided family consists of ..... the rates applicable for the year 1938.the income-tax officer rejected the assessees claim that his case fell under section 6(4) (b) of the finance act, but in appeal the assistant commissioner thought that the section covered the case, and from his decision the commissioner of income-tax appealed to the tribunal, and the tribunal .....

Mahaboob Ali Saheb and anr. Vs. Khudratulla and anr.

Court : Chennai

Reported in : (1943)2MLJ630

..... secondly on the ground that the liability was excluded from the provisions of sections 8 and 9, because it represented unpaid purchase money for which a charge is provided under section 55(4)(b) of the transfer of property act, applying section 10(2)(ii) of madras act iv of 1938. without going into the correctness of these findings it seems ..... ascertained amount due from the petitioners to the respondents who were on that date both of them minors. there was a contingent liability enforceable by the father to finance the purchase of property which probably would go ultimately to the minors, but might revert to the petitioners themselves; but as the father had not made any arrangements ..... that they could claim any sum of money from the petitioners under the settlement deed. it cannot therefore be said that there was at the commencement of the act a debt due from the petitioners to the present respondents. the application was therefore one which did not lie.5. in thie view we dismiss the civil .....

Firm Kishore Chand Shiva Charan Lal Through Raghunath Prasad Tandon an ...

Court : Allahabad

Reported in : AIR1944All66

..... also within the period fixed in that behalf by his license, or any longer period which the provincial government may substitute therefor by order under section 4, sub-section (3), clause (b), electricity act, 1910, and before exercising any of the powers conferred on him in relation to the execution of works, deposit or secure to the satisfaction ..... in its development. the legislature must have been aware that for many years to come the local authorities in this country would not be in a position to finance or run electrical undertakings. even now there are very few municipalities in this country who can or do manage these undertakings. the presumption, therefore, is the other ..... any position to supply electrical energy. after the revocation of the license the company continued in the hope that its license would be renewed. to improve its finances on 17th november 1932 it arranged a loan of two lacs from the plaintiffs which is a joint hindu family firm owned by three brothers. under this .....