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 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1924All379; (1924)ILR46All364
..... it, the member who manages it for the family has an implied authority to contract debts for its purposes, and the creditor is not bound to inquire into the finances of the business as long as that business form's the purpose of the debts, in order to bind the whole family thereby, because the power to contract debts ..... are maintained out of the profits of such business must, in the absence of evidence, be taken to possess the knowledge that the business might require financing and to have consented to such financing. where, therefore, a managing member of such a family in carrying on the family business obtains an advance necessary for the purpose of the business by ..... that is a perfectly reasonable position, for while there is no absolute necessity for the family to trade at all, when once the family trade is admitted, all usual acts done in the normal course of carrying it on may be considered necessary to the trade. if this reason is right, then one passes on from the ordinary hindu law .....
Tag this Judgment!Court : Allahabad
Reported in : 79Ind.Cas.517
..... who are maintained out of the profits of such business must, in the absence of evidence, be taken to possess the knowledge that the business might require financing and to have consented to such financing. where, therefore, a managing member of such a family in carrying on the family business obtains an advance necessary for the purpose of the business by pledging ..... . and that is a perfectly reasonable position, for while there is no absolute necessity for the family to trade at all, when once the family trade is admitted, all usual acts done in the normal course of carrying it on, may be considered necessary to the trade. if this reason is right then one passes on from the ordinary hindu law .....
Tag this Judgment!Court : Chennai
Reported in : 84Ind.Cas.842
..... march, before the items of expenditure were taken into consideration, it would have been in order. so far as the property tax is concerned, the provisions of the municipal act are clear. section 99 which deals with property tax refers to the tax being levied, at a consolidated rate on all buildings and lands within the city save those exempted and states ..... the heading 'municipal rates and taxes' comprises clauses (a) to (h), the tax on properties being clauses (b) to (g). they give the percentage. having regard to section 99 of the act, it seems to me there is a statutory duty on the councillors to fix what the rates of the taxes are. it is open to them to have the ..... as to what the result, of that percentage would be. and if any commissioner wanted information, as to the practical effect, as to the working of that percentage on the finance, he had only to ask from the office for information and it would be easy for the office to give, if not a perfectly accurate figure, at least a figure .....
Tag this Judgment!Court : Chennai
Reported in : AIR1924Mad868
..... march, before the items of expenditure were taken into consideration, ife would have been in order. so far as the property tax is concerned, the provisions of the municipal act are clear. section 99, which deals with property tax refers to the tax being levied, at a consolidated rate on all buildings and lands within the city, save those exempted and states ..... , the heading 'municipal rates and taxes' comprises clauses (a) to (h), the tax on properties being clauses (b) to (g). they give the percentage. having regard to section 99 of the act, it seems to me there is a statutory duty on the councillors to fix what the rates of the taxes are. it is open to them to have the ..... as to what the result of that percentage would be. and if any commissioner wanted information as to the practical effect, as to the working of that percentage on the finance, he had only to ask from the office for information and it would be easy for the office to give, if not a perfectly accurate figure, at least a figure .....
Tag this Judgment!Court : Mumbai
Reported in : (1924)26BOMLR786
..... is not dealt with, nothing to suggest that the authority already conferred upon the settlor by the negotiation out of which the first agreement to act in the matter of obtaining funds to finance the pending action had been either limited or revoked. in the absence of any provision indicating that result it must, in their lordships' view, ..... on the occasion of this visit to the rajah of tuni. the suit recently started dealt with the whole trust property. the negotiation to have such a suit financed necessarily dealt with the whole trust property. the settlor could, prima facie, by signing the agreement for himself alone only bind his own interest in the trust property ..... last provision it is clearly the view of their lordships that the trustee would have been acting within his express powers, if, having money of his own at his command he thought proper to advance it, or some of it, to finance the contemplated litigation directed to secure and preserve the trust property for the purpose of the .....
Tag this Judgment!Court : Kolkata
Reported in : (1925)ILR52Cal1
..... or not, shall be chargeable in the name of any factor, agent, or receiver having the receipts of any profits or gains arising as herein mentioned by section 31, sub-section (2) of the finance act (no. 2) of 1915: 'a non-resident person shall be chargeable in respect of any profits or gains arising whether directly or indirectly, through or ..... the profits arose from the exercise of trade within the united kingdom was the same as that decided in the other two cases cited above. but the provisions of section 31 sub-section (2) of the finance act (no. 2) of 1915 (5 & 6 geo. v. c. 87) were also considered in smidth & co. v. greenwood [1920] 3 k. b. ..... there can be no doubt as to the plain meaning of the words used in section 3(7), and english decisions based on section 31 (2) of the english finance act 2 of 1915 can have no application in the interpretation of that section. the section in the english act provides that 'a non-resident' person shall be chargeable in respect of any profits .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal34
..... or not, shall be chageable in the name of any factor, agent or receiver having the receipts of any profits or gains arising as herein mentioned.62. by section 31, sub-section 2 of the finance act (no. 2) of 1915: 'a non-resident person shall be chargeable in respect of any profits or gains arising, whether directly or indirectly, through or from ..... the profits arose from the exercise of trade within the united kingdom was the same as that decided in the other two cases cited above. but the provisions of section 31, sub-section 2 of the finance act (no. 2) of 1915, (5 and 6 geo. vic. 89) were also considered in smidth & co. v. greenwood (1920) 3 k.b. 275. ..... co. v. greenwood (1921) 3 k.b. 583 the duties mentioned in section 31 (of the english finance act, 1915) are the duties charged under son. d (of the income tax act of 1842) and sub-section (2) of section 31 does nothing more than extend the method provided by section 41 of carrying out the charge imposed by schedule d, and 'it would be .....
Tag this Judgment!Court : Kolkata
Reported in : 83Ind.Cas.273
..... profits arose from the exercise of trade within the united kingdom was the same as that decided in the other two cases cited above. but the provisions of section 31, sub-section 2 of the finance act (no. 2) of 1915 (5 and 6 geo v, c. 89) were also considered in smidth & co. v. greenwood (1920) 3 k.b. 275 : 89 ..... ' not, shall be chargeable, in the name of any factor, agent or receiver having the; receipts of any profits or gains arising' as herein mentioned. by section 31, subsection 2 of the finance act (no. 2) of. 1915. 'a non-resident person shall be chargeable in respect of any profits origains arising,. whether directly or indirectly, through or from any ..... at p. 591 : 37 t.l.r. 949 the duties mentioned in section 31 ( of the english finance act (1915) are the duties charged under schedule d (of the income tax act of 1842) and sub-section (1) of section 31 does nothing more than extend the method provided by section 41 of carrying out the charge imposed by schedule d, and 'it would be .....
Tag this Judgment!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 .....
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