Judgment Search Results Home > Cases Phrase: finance act 2007 section 132 amendment of section 37 Court: privy council Page 15 of about 191 results (0.032 seconds)

Commissioner of Income-tax Vs. the Little's Oriental Balm and Pharmace ...

Court : Chennai

Reported in : AIR1951Mad439; [1950]18ITR849(Mad); (1950)2MLJ777

..... case, 46 mad. 360 : a. i. r. 1923 mad. 422 that section 33 (1) of the act of 1918 corresponding to section 42 (1) of the present act was mere machinery and not a charging section, a view which was based on the interpretation of section 31 (2), english finance act of 1915 by the court of appeal and the house of lords in greenwood ..... in the proper sense of that term. it is not as if the same person is charged in respect of the same piece of income under two different sections of the act by the same taxing authority either directly or indirectly. as already pointed out, it is not incompetent for the indian legislature to enact that a company shall ..... the profits between manufacturing profits and the merchanting profits,15. of the several decisions cited before us, some of the decisions turned upon the interpretation of section 42 of the act and the decisions of the foreign courts turned upon the language of the particular statute which had to be construed. of the decisions in india reference may .....

Board of Revenue Vs. Ramanadhan Chetty Minor by Guardian Velliamma Ach ...

Court : Chennai

Reported in : (1920)ILR43Mad75

..... c., 46 and commissioner of taxes for new zealand v. eastern extension australasia and china telegraph company [1906] a.c., 526,530, 533. under the english income-tax act and the finance act mere residence of a proprietor within the united kingdom makes him liable to the tax even in respect of income earned elsewhere. the indian income-tax ..... arises or is received, and not with reference to the residence of the person who is entitled to the income. this seems to be the entire scheme of the act and sections 31 and 33 would appear to be illustrations of that principle. whatever meaning be attached to the words 'accrue' or 'arise' such as, 'grows' or 'becomes ..... act bases liability to taxation on receipt of income and not on residence. the words 'deemed to arise or accrue' refer to cases such as those mentioned in sections 6(2) and .....

Probhat Chandra Barua Vs. Emperor

Court : Kolkata

Reported in : AIR1924Cal668

..... tax can be imposed except by words which are clear, and the benefit of the doubt is the right of the subjectper lord justice fitz gibbon in re finance act, 1894, and studdert (1900) 2 i.r. 400, and the court is not entitled to substitute for express words or an irresistible-inference a process of guess-work, however ..... destroy the rights and privileges which had been solemnly granted and secured to the applicant under the permanent settlement. now, the charging sections of the income-tax act, 1922, are sections 3 and 4. section 3 provides:where any act of the indian legislature enacts that income-tax shall be charged for any year at any rate or rates applicable to the total ..... and that the opinion which i have expressed must prevail.75. the registrar will now send under the seal of the court and his own signature as provided by section 66, sub-section (5), a copy of the judgments of my learned brother and myself to the commissioner of income tax, assam, but it must be pointed out to him in .....

Emperor Vs. Probhat Chandra Barua

Court : Kolkata

Reported in : (1924)ILR51Cal504

..... 'no tax can be imposed except by words which are clear, and the benefit of the doubt is the right of the subject' [per lord justice fitz gibbon in re finance act, 1894, and studdert (1900) 2 i.r. 400], and the court is not entitled to substitute for express words or an irresistible inference a process of guess-work, ..... destroy the rights and, privileges which had been solemnly granted and secured to the applicant under the permanent settlement. now, the charging sections of the income tax act, 1922, are sections 3 and 4. section 3 provides 'where any act of the indian legislature enacts that income-tax shall be charged for any year at any rate or rates applicable to the total ..... and that the opinion which i have expressed must prevail.55. the registrar will now send under the seal of the court and his own signature as provided by section 66 sub-section (5), a copy of the judgments of my learned brother and myself to the commissioner of income tax, assam, but it must be pointed out to him in .....

Fry (inspector of Taxes) Vs. Jones (inspector of Taxes)

Court : House of Lords

..... for income derived from employment in the public service. it is unnecessary to go further back than the income tax act of 1842 the provisions of which were incorporated in every customs and inland revenue or finance act up to 1918, when the present consolidation act was passed. i need not repeat the familiar schedules altered and ex- tended by the ..... but had they any option in the matter in my opinion they had none and the assessments made under schedule a were not only proper but obligatory. section 1 of the act of 1918 enacts that income tax is to be charged in respect of all property, profits or gains respectively described or comprised in the schedules marked ..... rules applicable to schedule a provide (no. vii, rule 4) that tax under this schedule shall be charged on all lands, tenements and hereditaments. i may refer also to section 110 (1) which enacts that '' the assessments under schedules a and b for any parish shall contain (a) the full and just annual value of all lands, tenements, .....

In Re: B.M. Kamdar

Court : Mumbai

Reported in : AIR1945Bom442; (1945)47BOMLR742

..... contention of the assessee, it is necessary to consider the scheme of the taxing statute. section 3 of the act provides that the tax shall be charged at the rate mentioned in the finance act. section 4, which defines the applicability of the act, lays down the conditions of chargeability. it states what the total income of the assessee ..... in any previous year is. that section deals in the first instance with any person whether he be a resident ..... of providing appropriate rules for computing the amount of tax. he further stated (even when there was an express reference in section 4(1) to section 6 in the act before its amendment in 1939) that section 6 is intended as describing different kinds of profit and that if the condition 'accruing, arising or received in british india .....

B. M. Kamdar, in Re.

Court : Mumbai

Reported in : [1946]14ITR10(Bom)

..... contention of the assessee, it is necessary to consider the scheme of the taxing statute. section 3 of the act provides that the tax shall be charged at the rate mentioned in the finance act. section 4, which defines the applicability of the act, lays down the conditions of chargeability. it states what the total income of the assessee ..... in any previous year is. that section deals in the first instance with any person whether he be a resident or ..... first question then is : are the outstanding professional fees which were realized by the assessee during the year under assessment income within the meaning of section 4 of the act it has not been disputed and it cannot be disputed that these professional fees would have undoubtedly been 'income' if the assessee had been carrying .....

Rani Amrit Kunwar Vs. Commissioner of Income-tax, Central and United P ...

Court : Allahabad

Reported in : AIR1946All306

..... governing body, who might at any time, if they wished, rescind the minute under which they granted the pension, fell under schedule e, income-tax act of 1918, as amended by section 18, finance act, 1922. viscount dunedin observed:.it has been held again and again that a mere voluntary gift is not such a profit because it is not, in ..... are to be treated as foreign sovereigns who are not amenable to the jurisdiction of the british courts has arisen in several cases. it is true that under section 57, evidence act, a court may, on all matters of public history or the existence of title and national flag of every state or sovereign recognised by the british crown, ..... in india and in england. under the civil procedure code beginning from 1859 the restriction of the british courts over indian princes has been well recognised. the present sections 85 and 86 of act 5 [v] of 1908 make indian princes liable to be sued on three grounds which are exactly the same as under the well recognised principles of .....

Rani Amrit Kunwar Vs. Commissioner of Income Tax, C.P. and U.P.

Court : Allahabad

Reported in : [1946]14ITR561(All)

..... the governing body, who might at any time, if they wished, rescind the minute under which they granted the pension, fell under schedule e, income tax act of 1918, as amended by section 18, finance act, 1922. viscount dunedin observed :-'......it has been held again and again that a mere voluntary gift is not such a profit because it is not, in ..... to be treated as foreign sovereigns who are not amenable to the jurisdiction of the british courts has arisen in several cases. it is true that under section 57 of the evidence act, a court may, on all matters of public history or the existence of title and national flag of every state or sovereign recognised by the british crown ..... can be no suggestion in this case that the payments in question come within any of the first four heads of income chargeable to income-tax set out in section 6 of the act, and, therefore, the only question involved is whether they constitute 'income from other sources.' the facts, as provided for us, are that the sum in .....

The Hope Mills Limited Vs. Sir Cowasji J. Readymoney

Court : Mumbai

Reported in : (1911)13BOMLR162

..... not otherwise bound to do; and that a mortgagee in possession is certainly not bound to work a mill, or to finance it. looking to the terms of sections 72 and 76 of the transfer' of property act, and some of the cases which have been decided under them it may be doubted whether this proposition is quite correct. ..... consequences, if any, following upon that fact, that we must look for a sufficient objection to the agreement and not to any objections taken under the sections of the registration act merely for want of registration. for, as soon as it can be shown that where all the consequences of the agreement are absolutely identical so far ..... has been substantially in controversy from the moment these agreements were tendered in evidence, is that neither directly nor indirectly do they, to use the language of section 17 of the registration act, 'purport or operate to create, declare, assign, limit or extinguish whether in present or in future any right, title or interest whether vested or .....