Judgment Search Results Home > Cases Phrase: income tax act 1961 chapter vii incomes formaing part of total incomeon which no income tax is payable Page 98 of about 1,149 results (0.278 seconds)

Shri Ramkishan Srikishan Jhaver and ors. Vs. Commissioner of Commercia ...

Court : Chennai

Reported in : [1965]16STC708(Mad)

..... (sc) , as within the topic of legislation to tax on income. if there is any likelihood of a loophole, the taxing power should necessarily include the power to plug it by ..... also be viewed as an incidental or ancillary power necessary to render effective the substantive power conferred by entry 54 (tax on income)..34. on that view, section 28 of the income-tax act, which enabled the income-tax officers to levy a penalty in certain circumstances was held to be competent. it is beyond doubt, therefore, ..... indian income-tax act, 1922, was upheld as within the purview of the said entry on the ground that it was a provision to prevent evasion of tax. on a similar view, section 16(3)(a)(i) and (ii) of the indian income-tax act was regarded by the supreme court in balaji v. income-tax officer, special investigation circle : [1961]43itr393 .....

P. Murugan Vs. The Registrar, Debts Recovery Appellate Tribunal and Ot ...

Court : Chennai

..... ." 100. in poppatlal shah v. state of madras [air 1953 sc 274], this court while construing the word `sale' appearing in the madras general sales tax act, 1939 before its amendment in 1947, observed: "it is a settled rule of construction that to ascertain the legislative intent, all the constituent parts of a ..... (1957) 1 all.er 49, lord somervell of harrow has explained unambiguous, as unambiguous in context . (xi) in m.pentiah v. veeramallappa reported in air 1961 sc 1107, the hon'ble supreme court observed : "where the language of a statute, in its ordinary meaning and grammatical construction leads to, a manifest contradiction of ..... all the three applications and passed a common order, dated 13th february, 2015, holding that the respondent bank has initiated proceedings to recover public money, under sarfaesi act, 2002, which is not vitiated. 40. aggrieved by the same, the petitioners therein preferred three appeals before the debt recovery appellate tribunal, chennai. office has raised .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... received dividend on the block of the aforesaid shares. the company was liable to be assessed under the income-tax act, 1918. by rule 1 of case v of schedule 'd' of the said act, the tax from the dividend income from foreign shares was to be computed on the full amount thereof on an average of three preceding years ..... : [1980]1scr368 where the court was concerned with the validity of a fee varying from 3% to 5% of the annual income of the institution levied under the rules framed under the madras hindu religious and charitable endowments act, 1961. the majority view of the court upheld the levy and held as under:15. the rules framed under the madras ..... petitioner no. 1 is amreli district co-operative sales and purchase union limited which is a federal society registered under the provisions of the gujarat co-operative societies act, 1961. petitioner no. 2 is dhari taluka co-operative sales and purchase union limited, which is a union operating at taluka leval and is a member of petitioner .....

Mittal Court Premises Co-operative Society Ltd. Vs. Ito

Court : Mumbai

Reported in : [2010]320ITR414(Bom); [2004]140TAXMAN145(Bom)

..... 148. in the present case, notices under section 148 were issued and assessments were made within the limitation laid down in sections 149 and 153 of the income tax act, 1961. we find force in the contention of the revenue that so long as ingredients of section 147 are fulfilled and so long as the assessment is made ..... legal effect of 'intimation' issued under section 143(1)(a) vis-a-vis regular assessment contemplated by sub-section (3) of section 143. chapter xiv of the income tax act, 1961 in which section 143 occurs is captioned as 'procedure of assessment'. the marginal note of section 143 is 'assessment. section 143 provides for two procedures of assessment, ..... patil, the learned senior counsel for the assessee submitted that the assessee society had filed its original return of income on 22-10-1997, which was processed by the assessing officer under section 143(1)(a) of the income tax act, 1961 on 19-6-1998 in pursuance of which 'intimation' under section 143(1)(a) was issued on 19 .....

M/s. Raj Shipping and Another Vs. The State of Maharashtra, Through th ...

Court : Mumbai

..... ) clearly as can be seen, the hon ble court placed reliance on the speeches of the finance minister in parliament to interpret the scope of the various provisions in the income tax act 1961. 61.13) therefore, based on all the above mentioned authorities it is submitted that respondent no. 1 has always treated and intended to treat taxation on motor spirits as a ..... of the judgment is as follows: 11. in the year 1967, through the finance act no. 2, the words beginning from word 'which to 1967' were omitted. thus exemption from income-tax was allowed beyond the year 1967. in the year 1975, it was felt that the exemption from income-tax on income from poultry business is capable of being abused by unscrupulous people by showing .....

Maharao Sahib Shri Bhim Singhji ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1981SC234; (1981)1SCC166

..... and has to be viewed as part of the dynamics of social justice. indeed, even in the income-tax act, at a certain stage, almost all the income is taken away by a steep rate of tax leaving next to nothing to the income earner. we have to be pragmatic and show empathy with the values of the constitution. chief ..... state of madras : [1964]7scr82 , where on similar ground the whole of chapter iii of kerala agrarian relations act, 1961 and the whole of chapter ii of the madras land reforms (fixation of ceiling on land) act, 1961, respectively were struck down by this court inasmuch as the artificial definition of family together with adoption of double standard ..... for fixing ceiling limit formed the basis of the concerned chapter in each act. i find considerable force in counsel's contention.32. i .....

Kerala Textile and Garments Dealers Welfare Association, represented b ...

Court : Kerala

..... buildings even though the measure of annual value of a building was also adopted as a standard for determining income from property under the income-tax act. the same standard was adopted as a measure for the two levies, yet the levies remained separate imposts by virtue of their distinctive nature. the measure adopted, it was ..... legislature linking the levy with the annual value of the building and prescribing a uniform formula for determining its capital value and for calculating the tax. in hinger- rampur coal co. ltd. v. state of orissa [[1961] 2 scr 537], the form in which the levy was imposed was held to be an impermissible test for defining in itself the character ..... 452]; konduri buchirajalingam v. state of hyderabad and ors [air 1958 sc 756]; george oakes pvt. ltd. v. state of madras - [1961 (12) stc 476 (sc)] have held that it is not a necessary concomitant of a sales tax that it should necessarily be passed on to the buyer. from the point of view of an economist and as an economic .....

Senairam Doongarmal Agency (P.) Ltd. and Others Vs. K.E. Johnson and O ...

Court : Guwahati

..... is inherent in the statute itself.there is also no doubt that the procedure laid down in sub- section (2) of section 37 of the income-tax act for the income- tax department to get books and documents considered relevant for an assessment proceeding is much more drastic than the procedure laid down in sub-section (1) of ..... falls, do not clearly tell us in their affidavits for which proceeding the seized books and documents were considered necessary. the income-tax officer simply assets that the petitioners assessment for 1960-61 and 1961-62 were pending and leave us to infer that the said books and documents were considered relevant for these proceedings. on ..... the other hand, the commissioner in his affidavit makes no mention of the proceedings of 1961-62. in the prescribed authorisation the commissioner has to mention the general index register number of the case in connection with which the books and documents are .....

The State of Tripura Vs. the Province of East Bengal

Court : Supreme Court of India

Reported in : AIR1951SC23; [1951]19ITR132(SC); [1951]2SCR1

..... aspects, but it can, i think, be disposed of on the simple ground that the mere issuing of a notice under section 4 of the bengal agricultural income-tax act by the agricultural income-tax officer cannot be held to be an actionable wrong, because no right known to law can be said to have been infringed thereby. one of the recognized ..... he has particularly referred us to the fact that, strictly speaking, the reliefs claimed in the abovementioned case do not fall within the letter of section 67 of the income-tax act and hence the privy council observed in that case : 'in form the relief claimed does not profess to modify or set aside the assessment. in substance it does ..... and secondly, that if the case is not covered by section 65, the decision of the privy council, which was based on the construction of section 67 of the income-tax act, is not applicable. mr. setalvad, replying to the first contention, has urged that we must not look merely to the letter of the section but to the principle .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... products is also indicated by the fact that pan masala containing tobacco was not one of the tobacco products enumerated in section 14 of the central sales tax act, 1956 as goods of special importance in inter-state trade or commerce. the fact that pan masala intrinsically and commercially differs from tobacco and its other ..... office at the address mentioned herein above. 4. respondent nos.1 to 4 are the authorities exercising powers together with the state itself under the maharashtra value added tax act, 2002 (for short mvat ). 5. the petitioner, inter-alia, engages itself in the business of manufacturing pan masala. during the period under dispute, namely, financial ..... . sridharan submits that levy of vat on pan masala containing tobacco is ultra vires the presidential order and the constitution. he would submit that the state has also acted contrary to the judgment of the hon'ble supreme court in the case of atiabari tea company vs. state of assam air 1961 sc 232. he submits that .....