Court : Chennai
Reported in : (1930)58MLJ337
..... that the words are ambiguous, the true canon of construction is the following:if it be doubtful or difficult of interpretation, which i do not think it is, the finance act is subject to the rule that no tax can be imposed except by words which are clear, and the benefit of the doubt is the right of the subject.'--per ..... mr. raja-manickam very strongly urges that the right construction is that adopted by the learned judge. he asks us to read into the proviso certain words occurring in section 110 of the act, in other words, to amplify the expression 'any company' by reading it as 'any company transacting business within the city'. so far, he is perfectly right. ..... rules in schedule iv but in no case exceeding rupees one thousand, if and as soon as it has transacted business in the city for the period, prescribed in section 113.'explanation-.--whenever a company has an office, agent or firm to represent it for the purpose of transacting business in the city, such company shall be deemed to .....
Tag this Judgment!Court : Chennai
Reported in : [1940]8ITR280(Mad)
..... out the extent of his recoupment depends upon the amount of the profits. i think that this is a distribution of profits within the prohibition in section 53, sub-section (2) (b), of the finance act, 1920. i think it is a distribution of profits. it is a distribution of profits in recoupment of a guarantor who guaranteed those profits ..... that the recoupment to the secretary of state out of the surplus profits represented a distribution of profits within the prohibition of deduction from the profits in section 53 (2) of the finance act, 1920. rowlatt, j., put the question this way :-'are the profits of the company for the purpose of corporation profits tax the amount of ..... gratuitous and unconditional personal allowance of the holder of the lucknow see was income accruing or arising in british india and was assessable as salary under section 7 (1) of the act. in the matter of v. g. every, the calcutta high court held that commission earned by an assessee in british india for services rendered .....
Tag this Judgment!Court : Chennai
Reported in : AIR1921Mad298; (1921)40MLJ560
..... themselves and the company entitled to participate in the allowance granted by the government under section 43 of the finance act which allows a rebate of 1sh, 6d. out of s shillings. the answer to the question depends on the construction of section 43 of the finance act 1916. in considering the questions whether the colonial income-tax can be said to ..... india are concerned it is clear that income tax paid during the previous year or likely to be assessed during the current year cannot be deducted. section 9 of the act which relates to income derived from business and which provides for the mode by which such income shall be computed specifies the deductions that can legally be ..... of the income or similar tax levied on such profits in the places where they arose; and if it were a question here of taxing under section 3(1) of the act profits arising outside british india on the ground that they were received in british india, those authorities would be applicable, but in my opinion they have .....
Tag this Judgment!Court : Chennai
Reported in : AIR1935Mad1005; [1935]3ITR311(Mad)
..... during the course of the argument to a number of english decision upon the similar section in english act - section 21 of the finance act of 1922 - but a distinction between the indian section and the english section has been pointed out quite properly by the assessees learned counsel. in the english section the purpose of preventing the avoidance of tax is set out in the form of ..... commissioners have to be satisfied that there has been an intention to evade tax before a direction can be made under section 21 of the finance act because the preamble of section 21 cannot either restrict or extend the enacting provision in the section and that condition does not appear there.lord sands on page 120 says :'it is quite open to the shareholders of .....
Tag this Judgment!Court : Chennai
Reported in : (1902)12MLJ128
..... of the settlement of a conveyance by the judge if the parties differ. such a conveyance is exempt from the payment of ad valorem stamp duty (proviso to section 6 of the english finance act, 1898) if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent to an ..... . under the english law such an order operates as a ' conveyance on sale and has to be stamped ad valorem as such (vide sections 54 and 57 of the english stamp act, 1891, and suction 6 of the english finance act, 1898. in wills v. luff 38 ch. d. 197 chitty, j., says that after the passing of an order for foreclosure absolute, the .....
Tag this Judgment!Court : Chennai
Reported in : (1902)ILR25Mad300
..... settlement of a conveyance by the judge if the parties differ.' such conveyance is exempt from the payment of ad valorem stamp duty (proviso (b) to section 6 of the english finance act, 1898), if such duty had been paid upon the decree or order for foreclosure absolute. a release by the mortgagor after judgment of foreclosure is equivalent ..... under the english law such an order operates as a conveyance on sale' and has to be stamped ad valorem as such [vide sections 54 and 57 of the english stamp act, 1891, and section 6 of the english finance act, 1898]. in wills v. luff l.r. 38 ch.d. 197 chitty, j., says that after the passing of an ..... his right. in the case of redemption, delivery back of the mortgage deeds, possession of the mortgaged property and a reconveyance are the reliefs (see section 60, transfer of property act) which the mortgagor obtains by executing his decree for redemption. as the provisions of the civil procedure code are sufficient to work out a decree for redemption no .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1939Bom410; (1939)41BOMLR899
..... against a judgment of mr. justice somjee. there are two plaintiffs, both of which are firms, which have been registered under the indian partnership act, 1932. they financed defendants nos. 1 and 2 in relation to the purchase of large quantities of corrugated iron sheets, and they sue for a sum of over ..... one partner can always bind another partner in any matter which falls within the scope of the partnership business, subject to any limitation under section 20 of the act, and if the relationship constituted between parties in respect of a particular matter does not expressly or by necessary implication involve the right of one ..... amendment the defendants alleged that in respect of these transactions for financing them the two plaintiff firms became partners ad hoc, and that that partnership was not registered under the partnership act, and, therefore, the plaintiffs' suit did not lie under section 69(2) of the act. that defence prevailed with the learned judge, who accordingly dismissed .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad361; [1950]18ITR423(Mad)
..... kinds of things specifically described as being included in the term, but the kind of things which are specifically mentioned in the english act.' in the eng ish finance act, ii [2] of 1915, in section 3 the words used are 'through or from any branch, factories, agency, receivership or management'. i respectfully agree with the learned ..... british india. from the facts stated above, he inferred that there was business connection of the company in british india within the meaning of section 42 (1) of the act and applying section 42 (3) he arrived at the profits which were reasonably attributable to the operations carried out in british india.7. the assessee appealed ..... the agreement was construed to be a licence and not a sale and that the relationship brought about by the agreement was connection of business within section 42 (1) of the act. beaumont c. j. in cotisidering the meaning of the expression 'through or from any business connection' observed that it connotes some element of .....
Tag this Judgment!Court : Kolkata
Reported in : [1934]2ITR9(Cal)
..... an important point - i may say a very important point - to the appellants, the assam railways and trading co. they are seeking to have relief under section 27 of the finance act, 1920, in respect of certain income-tax charged in the united kingdom by reason of the fact that they have paid what is called dominion income-tax.'the ..... sir thomas inskip, k.c.), and reginald hills, for the respondents.the relevant parts of section 27 of the finance act, 1920, are set out in the judgment.lord hanworth, m.r., stated the facts and continued : now we have to look at section 27 of the finance act, 1920, very carefully. two cases have been called to our attention, the one the ..... we are there told that for the purpose of the construction of this sub-section 1 we are to interpret the term 'united kingdom income-tax' in a particular way, and it means the income-tax chargeable in accordance with the provisions of the income tax acts. next, (c), 'the expression dominion income-tax means any income-tax or .....
Tag this Judgment!Court : Kolkata
Reported in : [1942]10ITR90(Cal)
..... for the appellant which we only mention in order to say that we disagree with it entirely. by the finance act, 1938, section 28, certain amendments were made in section 18 of the act of 1936. in particular, the provision was made by a new section to meet devices by which a transferor took care to give himself no power to enjoy any income of a ..... nov 25 26; dec 16 1946this is another appeal by a taxpayer against assessments made under the finance act, 1936, section 11. the facts are extremely complicated, but fortunately it is only necessary to refer to them in the most summary manner in order that the short point which arises may ..... of the companies which is deemed to be his. this, it was urged, involves double taxation, since no relief is afforded by paragraph 3 of the second schedule to the finance act 1936. there is a short answer to this argument. there is no doubt taxation since the subject-matter of tax is different, the income of the son being one thing .....
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