Judgment Search Results Home > Cases Phrase: income tax act 1961 section 115vw maintenance and audit of accounts Sorted by: old Page 9 of about 1,888 results (0.082 seconds)

Surnomoyee Dabee Vs. Koomar Purresh NaraIn Roy

Court : Kolkata

Reported in : (1879)ILR4Cal576

..... we have no doubt that the income-tax intended by the kabuliyat was the income-tax then in force, and any future tax that might hereafter be imposed which falls upon income, and is of the same character and nature as the income-tax then in force.7. ..... when this kabuliyat was executed, the income-tax act was in force, but has since been repealed ..... he holds that the road-cess is not an impost (augobar) within the meaning of the kabuliyat, but that it is really an income-tax, and as such, a charge which the plaintiff has expressly undertaken to bear.5. ..... it is to my mind as much a misnomer to call the road-cess an income-tax as it would be to give that name to the lighting or water-rate which is levied upon the owners and occupiers of houses in calcutta, or to the highway rate which is collected in england.10 ..... being of opinion that the road-cess does not come within the meaning of income-tax as named in the kabuliyat, the next question is, whether it is an outgoing which the defendant ought to pay ..... , the construction and maintenance of roads and other means of communication ..... the payment on account of road-cess, which is sought to be deducted by the defendant, is that portion of the cess which under the act would fall upon the plaintiff, and, if the rights of the parties as regards the point in dispute are not governed by the contract to which they were parties in 1862, it is clear that the defendant would he entitled to make the deduction which he claims.4. ..... it is a tax, as section 4 of beng. .....

Railroad Company Vs. Collector

Court : US Supreme Court

..... due or payable to its stockholders, including nonresidents, whether citizens or aliens, as part of the earnings, profits, income, or gains of such company, and all profits of such company carried to the account of any fund, or used for construction, shall be subject to and pay a tax of five percentum on the amount of all such interest or coupons, dividends or profits, whenever and wherever the same shall be payable, and to whatsoever party or person the same may be payable, including nonresidents, whether citizens or aliens ..... , and said companies are hereby authorized to deduct and withhold from all payments on account of any interest, or coupons, and dividends due and payable, as aforesaid, the tax of five percentum, and the payment of the amount of said tax so deducted from the interest, or coupons, or dividends, and certified by the president or treasurer of said company shall discharge said company from that amount of the dividend or ..... corporations mentioned in this section are those engaged in furnishing roadways and waterways for the transportation of persons and property, and the manifest purpose of the law was to levy the tax on the net earnings ..... very true that the act went further, and declared that, except when the company had contracted otherwise, it might deduct this tax from the amount due ..... law, as amended by the act of july 13, 1888, 14 stat ..... law, as amended by the act of 1866. .....

Wright Vs. Blakeslee

Court : US Supreme Court

..... the act of march 2, 1867), which also imposed a penalty of fifty percent for such neglect and refusal, and was relied on by the court below, related only to the income tax. ..... that section is as follows: "that every past or future disposition of real estate by will, deed, or laws of descent by reason whereof any person shall become beneficially entitled in possession or expectancy to any real estate or the income thereof upon the death of any person dying after the passing of this act shall be deemed to confer on the person entitled by reason of any such disposition a 'succession,' and the term 'successor' shall denote the person so entitled, and the ..... , that the cause of action against the collector was not embraced within either the first or the second proviso of the section just cited, and that it stood upon the primary enactment of that section, requiring that suit should be brought within two years next after the cause of action accrued. ..... he was authorized to impose the penalty prescribed by the fourteenth section of the act of 1864 (as amended by the act of july 13, 1866), which was, it is true, a penalty of fifty percent of the tax for refusal or neglect to make a list or return. ..... on the 6th of june, 1872, an act was passed, by the forty-fourth section of which it was provided that all suits for the recovery of any internal tax alleged to have been erroneously assessed or collected, or any penalty claimed to have been collected without authority, should be brought within two .....

Railroad Company Vs. United States

Court : US Supreme Court

..... bonds of northern illinois railroad, to-wit, $38,876, $33,648.54, and $24,372.25, were made to show the relative rights of the bondholders of the different portions of the entire road, and that in fact no interest was ever paid upon such bonds, except the sum of $2,360.67, and that said accounts still remain open and unsettled upon the books, and that there never were any net earnings of said company to pay ..... interest on said bonds, and that no such interest was ever paid; but at the time of ..... brought by the united states against individuals, no claim for a credit shall be admitted upon trial, except such as appear to have been presented to the accounting officers of the treasury, for their examination, and to have been by them disallowed in whole or in part," save under certain circumstances not material to this case. ..... tax levied under the act now in question was essentially a tax on the business of the corporation, and that in order to secure its payment it was laid on the subjects to which the earnings were to be applied in the usual course of business, but as this tax could not be levied until 1872, and there is no finding of any earnings in 1871, we see nothing to be taxed ..... , income, .....

Pacific Railroad Vs. Ketchum

Court : US Supreme Court

..... 1, 1875, after due demand made; that there was a large amount of money due for taxes; that the company was without means to pay them and its valid obligations in full as the later became due; that its commercial paper had been protested; that it was liable to actions, suits, and proceedings on account thereof; and that there was great danger that the property covered by the mortgage might be attached or levied upon under execution or other ..... this being done, all the several parties appeared in court by their respective solicitors, and the court having found, among other things, the amount of income and improvement bonds of the company outstanding, and that the entire amount of the bonds secured by the third mortgage had page 101 u. s. ..... on the 3d of april, a receiver was appointed with the usual authority, and vail and fish, as trustees, were authorized to exchange the bonds secured by the third mortgage for the income and improvement bonds in accordance with the terms of the mortgage, and akers and the county of st. ..... the principal object of this new issue was to take up by exchange or otherwise outstanding income and improvement bonds of the company, amounting in all to $3,500,000. ..... " the same general language is used in the second section of the same act in respect to the removal of suits from the state courts, and in removal cases, 100 u. s. .....

Crampton Vs. Zabriskie

Court : US Supreme Court

..... meeting, or at any other meeting held for the purpose, to vote, grant, and raise such sums of money as it deems necessary and proper for the building of jails and courthouses, and doing, fulfilling, and executing all the legal purposes, objects, and business of the county; and after it has passed an order or grant for the raising of any sum of money, it is required by the twelfth section to direct, in writing, the assessors of the several townships to assess the said ..... of the board for the county of hudson; and its fifth section provides "that the expenditures of the board of chosen freeholders in any fiscal year shall not exceed the amount raised by tax for said year, unless by the spread of an epidemic or contagious disease a greater expenditure shall be required for the protection of the public health, and the board may fix the amount to be raised by tax for county purposes at any meeting of said ..... of chosen freeholders are created by the act of april 16, 1846, bodies corporate and politic, and invested with certain powers, among which is that of purchasing, receiving, and holding lands in trust to and for the use of the respective counties ..... difficult to express in a more emphatic way the will of the legislature that the board should not incur for the county any obligations beyond its income previously provided by taxation -- in other words, that the expenses of the county should be based upon and never exceed moneys in its treasury or taxes already levied and payable there. .....

Springer Vs. United States

Court : US Supreme Court

..... were distrained and sold by reason of his refusal to pay the income tax assessed against him under the act of june 30, 1864, 13 stat. ..... in evidence the deed of april 17, 1874; but the defendant objected thereto on the ground that the deed is void, because the tax demanded of him was a direct tax, and, not being levied in the manner prescribed by the constitution, was not a legal or valid demand upon him; that the summary levy upon and sale of his property without opportunity to him to be heard in court deprived him of his property without due process of law; that the ..... acts of congress purporting to authorize the assessment and levy of the tax, the sale of his property and the execution of the deed, were without force or validity; and that as the property was susceptible of division into separate tracts or lots, the ..... the latter application may be accounted for upon two grounds: 1. ..... the gulf was the share of representation claimed by the southern states on account of their slave population. ..... 601 on account of the slaves in the southern states, who give a ratio in the representation in the proportion of three to five." mr. ..... " this accounts for the numerous defects in the record as a whole. .....

Wolff Vs. New Orleans

Court : US Supreme Court

..... by the city's creditors, the act, in its seventh section, provides that no tax for the payment of the principal or interest of other than the premium bonds shall thereafter be levied, repeals all laws requiring or authorizing the city to pay any such tax, and declares that it shall be incompetent for any court to issue a mandamus to the officers of the city to levy and collect any interest tax other than on the premium bonds. ..... shall have the effect of fixing the amount of the plaintiff's demand, and that he may cause a certified copy of it, with his petition and the defendant's answer, and the clerk's certificate that it has become executory, to be filed in the office of the controller of the city, and that thereupon it shall be the duty of the controller or auditing officer to cause the same to be registered and to issue a warrant upon the treasurer or disbursing officer of the corporation ..... debt; that a tax so exorbitant will render its collection impossible; that the continuation of a tax beyond the ability of the property to pay would lead to a further destruction of the assessable property of the city and to ultimate bankruptcy; and that the city has adopted a plan for the liquidation of its indebtedness, looking to the payment of its creditors in full, "obtaining thereby the indulgence necessary for the public wellbeing and the maintenance of the public ..... is contended that only to the stock thus pledged and the income from it were the bondholders to look for the payment .....

Neal Vs. Delaware

Court : US Supreme Court

..... all other qualifications, which are or may be prescribed by law, shall be disqualified for service as grand or petit juror in any court of the united states, or of any state, on account of race, color, or previous condition of servitude; and any officer or other person charged with any duty in the selection or summoning of jurors, who shall exclude or fail to summon any citizen for the cause aforesaid, shall, on conviction thereof ..... advocates of the congressional act must resort to find authority for its enactment, and to the first section of that amendment, which is as follows: "all persons born or naturalized in the united states, and subject to the jurisdiction thereof, are citizens of the united states, and of the state wherein ..... shall have been assessed at least six months before the election, shall enjoy the right of an elector; and every free white male citizen of the age of twenty-one years and under the age of twenty-two years, having resided as aforesaid, shall be entitled to vote without payment of any tax: provided, that no person in the military, naval, or marine service of the united states shall be considered ..... elections to free white male citizens, of the age of twenty-two years and upwards, who had resided in the state one year next before the election, and the last month thereof in the county where he offers to vote, and who, within two years next before the election, had paid a county tax, which shall have been assessed at least six months before such election -- .....

County of Wilson Vs. National Bank

Court : US Supreme Court

..... legislative authority to issue the bonds declared on, upon the conditions prescribed in the acts having reference to the matter, and that if the jury find from the evidence adduced in the case that said bonds had been issued by the county judge and clerk as alleged and verified by the county seal, and that plaintiff was a bona fide holder for value without notice, that the ..... the city of lebanon, on the first day of january, 1879, with interest thereon at the rate of six percent per annum, on the first day of january and july ensuing the date hereof, until the principal sum is paid, upon the presentation and surrender of the interest warrants hereto attached at the said office of the treasurer of wilson county, state of tennessee -- this being one of a series of bonds in ..... commissioner provided for in the third section may apply to the county courts of sumner and wilson counties, and to the corporate authorities of the towns of lebanon and gallatin for subscription to the capital stock of the company, payable in the bonds of said counties and towns, running not less than ten nor more than thirty years, bearing six percent interest payable semiannually, and upon said application being made in ..... act contemplates the payment of the stock subscribed for in installments, and provides the means of payment, as they fall due, by a special tax ..... section gives the circuit courts jurisdiction of suits brought by or against a national bank, without regard to the citizenship of the parties, and .....