Court : Supreme Court of India
Reported in : AIR1973SC106; (1972)2SCC788; [1973]2SCR757
..... barren, 'access to the press'-a new first amendment right') harvad law review, vol. 80, 1641, 1643.124. the mahalanobic committee on distribution of income and levels of living, in its report has; after stating that economic power is exercised also through control over mass media of communication, said : report of ..... upon expression do not generally abridge the freedom of speech unless the content of the speech itself is regulated. such measures include various types of tax and economic regulations, the imposition of political qualification for obtaining government employment or any other benefits or privileges, the activities of legislative committees and the ..... information regarding principles governing issue of import licences. the import policy was evolved to facilitate mechanism of the act. the import policy was said to have necessary flexibility for six years prior to april 1961. the newsprint policy operated successfully. the controller has not abused his power.39. mr. palkhivala said .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC734; (1973)3SCC435; [1973]2SCR882
..... pertinent to note that in the case of premier automobiles : air1972sc1690 (supra) this court upheld depreciation being allowed on the basis provided for by the income tax law and did not accept the contention of the car manufacturers that depreciation allowance should be calculated on replacement cost. the following observations may be reproduced ..... it will not be possible to ensure that a reasonable return has beep secured' on the capital employed required by clause (d). the tariff commission of 1961 has recommended a return of rupees 10.50 per quintal of sugar. that recommendation having been accepted by the government., (vide its resolution dated february 20 ..... the 'sugar producers') challenging the validity and legality of the levy sugar supply control order 1972 made under section 3 of the essential commodities act, 1955, hereinafter called the 'act' fixing the price of levy sugar in the different zones in the country and praying for various reliefs. writ petitions nos. 279 to 283 .....
Tag this Judgment!Court : Allahabad
Reported in : [1973]31STC456(All)
..... .19. as the petition succeeds on merits, it is not necessary to deal with the constitutional question as to whether section 3-ab of the u. p. sales tax act is ultra vires.20. we, accordingly, allow this petition and quash the assessment order for the year 1966-67. the connected writ petition relates to the assessment year ..... so far as material for our purposes, reads :in exercise of the powers conferred by section 3-a of the uttar pradesh sales tax act, 1948 (u. p. act no. 15 of 1948), as amended from time to time, the governor of uttar pradesh is pleased to-supersede, with effect from april 1, 1960, all the ..... soil, ponds, tanks and streams.8. it has been further stressed that even the government regards pumping sets as an important aid to irrigation. in a book called 'india 1961', published by the publications division, ministry of information and broadcasting, government of india, while discussing the development programmes, it has been stated :the development programmes cover two types .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1974]93ITR450(P& H)
..... recovered from ramesh chander by balwant singh without there being any basis for the belief that he had evaded the payment of tax under the indian income-tax act, 1922, or the income-tax act, 1961, or any other allied act.'11. the learned judge came to the conclusion that the cash amount of rs. 1,61,000 had already been recovered ..... note clearly recorded the finding that he had reason to believe that the said amount has not been disclosed for the purposes of the indian income-tax act, 1922, or the income-tax act, 1961. the omission in the note to state the grounds on which he came to entertain this belief, would not vitiate the issuance of search and ..... of the learned counsel for the appellant point-wise.15. in order to appreciate the contentions, the provisions of sub-section (1) of section 132 of the income-tax act, 1961, may be reproduced below:'132. search and seizure.--(1) where the director of inspection or the commissioner, in consequence of information in his possession, has reason to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1973]92ITR287(MP); 1973MPLJ395
..... it is necessary for that basis that there should be some material before the income-tax officer. he cannot act if there be no material at all.section 23 of the indian income-tax act, 1922, was more or less akin to section 143 of the income-tax act, 1961, although it contained some more provisions. but the general principles in spite of the ..... change in the law have, in our opinion, not very much changed.in this connection we might advert to the view of the learned author, kanga, in his book the law and practice of income-tax, sixth edition, ..... any evidence or any material at all. there must be something more than bare suspicion to support the assessment under section 23(3) of the indian income-tax act, 1922. thus the income-tax authorities are not entitled to base their conclusions on pure guess work. but there must be something more. we may observe that, in the present .....
Tag this Judgment!Court : Gujarat
Reported in : (1973)14GLR826
..... of the nature of the proceeding. there the question was whether section 297(2)(g) of the income tax act, 1961, was a valid piece of legislation. the income tax act 1961 came into force on 1st april 1972 and it repealed the indian income tax act, 1922. section 297(2)(g) enacted a saving provision which provided that any proceeding for imposition ..... of penalty in respect of an assessment for the year ending 31st march 1962 or any earlier year, which is completed on or after 1st april 1962 may be initiated and any such penalty may be imposed under the act of 1961 ..... that the same view has been taken by the supreme court in regard to the words 'in the opinion of the income-tax officer' in the proviso to section 13 of the indian income-tax act, 1922. vide commissioner of income-tax v. mcmillan & co. : [1958]33itr182(sc) .42. the petitioners then urged that the word 'thereof in the .....
Tag this Judgment!Court : Chennai
Reported in : [1974]94ITR397(Mad)
..... petition for the issue of a writ of prohibition prohibiting the respondent from recovering the amount of the annuity deposit for the assessment year 1965-66 under the income-tax act, 1961, in pursuance of his notice of demand dated march 22, 1970.2. for the assessment year 1965-66 the respondent passed an assessment order dated march 23 ..... by the petitioner. according to him even after the omission of sections 280k, 280r and 280t of the income-tax act, 1961, by section 32 of the finance act of 1966, by virtue of section 6 of the general clauses act, the income-tax officer has still the power to assess and demand the annuity deposit accrued due before april 1, 1967, ..... , 1970, in the petitioner's case under section 143(3) of the income-tax act, 1961. in that order the taxable income of the petitioner was computed at rs. 4,98,700 after giving deduction of rs. 71,130 towards annuity deposit payable by him under section .....
Tag this Judgment!Court : Chennai
Reported in : [1973]91ITR513(Mad)
..... actually paid by the petitioners. aggrieved against the said levy of interest, the petitioners filed a revision before the commissioner of income-tax under section 264 of the income-tax act, 1961, but the commissioner dismissed the same on november 24, 1969. the petitioners have, therefore, filed the present writ petition seeking to quash the levy of ..... interest anterior to april 1, 1967, the date on which section 46 of the finance (no. 2) act of 1967 came into force as per section 1(2) of that act.4 ..... have been included in the regular assessment and interest would have been reckoned only from the date on which the notice of demand under section 156 of the income-tax act is served on the petitioners in pursuance of such assessment order and that, in such a case, the petitioners would not have been liable to pay .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1975]100ITR213(MP); 1973MPLJ726
..... constituted by the instrument of partnership, dated september 20, 1952, was not entitled to the grant of registration for the assessment year 1960-61 under section 26a of the indian income-tax act, 1922, in respect of the liquor business, although it might have been entitled to registration in respect of the business relating to medicines.19. we accordingly answer the reference as ..... being opposed to public policy. for that proposition, the income-tax officer relied on the following decisions : commissioner of income-tax v. krishna reddy : [1962]46itr784(ap) , commissioner of income-tax v. union tobacco co. : [1961]41itr115(ker) , commissioner of income-tax v. benarsi das and co. and d. mohideen sahib and co. v. commissioner of income-tax : [1950]18itr200(mad) . the income-tax officer, therefore, refused registration of the respondent-firm.3 .....
Tag this Judgment!Court : Chennai
Reported in : [1973]90ITR116(Mad)
..... to claim damages. that the provision in section 28(1) of the indian income-tax act, 1922, is penal and quasi-criminal in nature and character is decided by the supreme court in commissioner of income-tax v. anwar ali, : [1970]76itr696(sc) . it may also be noted that section 276 of the income-tax act, 1961, provides for prosecution and punishment for not filing return within time. it ..... comprehended in entry 97 of list i and article 248 of the constitution. sectfon 140a(3) of the act is, therefore, not beyond the legislative competence of parliament.40. in the result, we hold that section 140a(3) of the income-tax act, 1961, is not beyond the legislative competence of parliament and it does not also infringe article 14 of the constitution. but, it .....
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