Court : Kolkata
Reported in : [1978]111ITR84(Cal)
..... . the petitioner was served with a notice under section 56 of the income-tax act, 1961, for payment of advance tax under section 210 of the income-tax act, 1961. the said notice, though dated 25th july, 1970, was not signed by the income-tax officer and the order under section 210 of the income-tax act similarly was not signed by the income-tax officer. section 210 enjoins that where a person has been previously ..... assessed by way of regular assessment the income-tax officer might on or after 1st .....
Tag this Judgment!Court : Kolkata
Reported in : 80CWN491,[1978]111ITR505(Cal)
..... has been rightly contended on behalf of the assessee that to accept the contention of mr. b. l. pal is to amend section 12b of the indian income-tax act, 1922, by section 46(2) of the income-tax act, 1961, with retrospective effect and, therefore, we must reject the contention of mr. b. l. pal. that apart, section 297(2)(b) is not a charging section ..... ]100itr29(cal) was whether the assessment already made under the indian income-tax act, 1922, could be rectified under the provisions of the income-tax act, 1961. the assessee was a partner of a firm and before the firm filed its return he was assessed under the indian income-tax act, 1922. the firm filed its return after the income-tax act, 1961, came into operation. thereafter, in view of the share allocation, the .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]82ITR322(Cal)
..... to its members for remuneration definitely related to such services and, therefore, the aforesaid surpluses came within the purview of section 10(6) of the indian income-tax act, 1922. he was of opinion that these surpluses were assessable as business profits of the association. the association urged that section 10(6) was not ..... the resultant profit.'23. it would be convenient at this stage to set out the provisions of sub-section (6) of section 10 of the indian income tax act, 1922. these provisions are as follows :'a trade, professional or similar association performing specific services for its members for remuneration definitely related to those services shall ..... .' 31. on these facts admitted by the association itself, we are unable to accept the contention that the provisions of section 10(6) of the indian income-tax act, 1922, would not be attracted to them. this sub-section applies to a trade, professional or similar association. according to webster's new international dictionary, .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]110ITR288(Cal)
..... meaning of explanation 2 to section 24 of the indian income-tax act, 1922 (2) if the answer to the aforesaid question is in the affirmative, whether the same is liable to tax. for that year under section 10(1) of the indian income-tax act, 1922 ?' 2. the facts of the case ..... a.n. sen, j. 1. in this reference under section 66(1) of the indian income-tax act, 1922, the following two questions have been referred. '(1) whether, on the facts arid in the circumstances ..... have been fully set out in the statement of the case. 3. as in our view the first question raised is clearly covered by the decision of this court in the case of daulatram rawatmull v. commissioner of income-tax : ..... set out the facts in any detail. we also note that the view expressed by this court in the case of commissioner of income-tax v. pioneer trading company private ltd. : [1968]70itr347(cal) draws clear support to the decision of, this court taken in the case .....
Tag this Judgment!Court : Kolkata
Reported in : [1978]111ITR852(Cal)
..... the principles laid down by the supreme court in gangadhar banerjee's case : [1965]57itr176(sc) and bipinchandra maganlal's case : [1961]41itr290(sc) , held that when applying the provision of section 23a(1) of the indian income-tax act, 1922, and determining what are the profits andgains of a company available for distribution as dividend what the ..... .'15. in the case of commissioner of income-tax v. bipinchandra maganlal & co. ltd. : [1961]41itr290(sc) , the facts were: for the year of account 1946-47, the assessee-company (which was not one in which the public weresubstantially interested within the meaning of section 23a of the income-tax act) disclosed trading profits of rs. 33,245 ..... before nor considered by the calcutta high court.36. in the case of commissioner of income-tax v. scindia steam navigation co. ltd. : [1961]42itr589(sc) , the supreme court, in dealing with section 66(1) and (2) of the 1922 act, observed as follows :'if the true scope of the jurisdiction of the high court is .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]81ITR147(Cal)
..... is the only way by which to avoid a conflict between section 11 and section 2(15) of the income-tax act, 1961, specially with the provisions of sections 11(1)(a) and 11(4) of the income-tax act, 1961.16. this view of the interpretation of the expression the 'advancement of any other object of general public utility ..... is being introduced.17. in the light of this interpretation, section 11 and section 28 fall in harmony. section 11(1)(a) of the income-tax act, 1961, excluded, inter alia, 'income derived from property held under trust wholly for charitable or religious purposes' with certain qualifications. in other words, this provision incites that a property ..... 15) would include objects for promotion of trade or commerce without any profit motive as coming well within charitable purpose. the present amendment introduced by the income-tax act, 1961, by adding the words 'not involving the carrying on of any activity for profit' was to put this wholesome limitation upon any and every object of .....
Tag this Judgment!Court : Kolkata
Reported in : [1973]87ITR529(Cal)
..... 147.'19. there in the case before the supreme court, however, challenge was made on the ground that the sanction of the commissioner under section 151 of the income-tax act, 1961, had not been obtained. that challenge has not been made in the instant case before me. therefore, i am not concerned either with the propriety or the ..... the learned counsel for the revenue. learned counsel has further stated that the revenue did not wish to proceed with the said notice under section 148 of the income-tax act, 1961, for the assessment year 1962-63. it is, therefore, not necessary to consider the question of the assessment year 1962-63. the petitioner is a manufacturing ..... authorities and the section it is clear that in order to be entitled to issue a notice under section 147(a) of the income-tax act, 1961, the following conditions have to be fulfilled:(1) the income-tax officer, issuing the notice, must hold the belief that due to the omission or failure on the part of the assessee to disclose .....
Tag this Judgment!Court : Kolkata
Reported in : [1993]199ITR215(Cal)
..... the capital gain of rs. 2,91,644 on sale of shares. the assessing officer rejected the assessee's claim for deduction under section 80t of the income-tax act, 1961. the commissioner of income-tax (appeals) declined to interfere in the matter. on an examination of the facts and in the circumstances of the case and on interpretation of the relevant ..... down in section 11(2), the amount which becomes liable to assessment under section 11(3) is .the entire income accumulated and not merely the income accumulated in excess of the limits specified in section 11(1) of the income-tax act, 1961. in other words, such an assessee loses the benefit of the accumulation permitted under section 11(1). the question ..... this court :' whether, on the facts and in the circumstances of the case and in the light of the proper interpretation of section 11 of the income-tax act, 1961, the tribunal is justified in holding that the capital gain amounting to rs. 2,91,644 is eligible for deduction under section 80t of the .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1956Cal504,[1956]29ITR103(Cal)
..... an assessee was deprived of the services of the higher court.22. lastly, i come to point no. 4. under the provisions of section 46(5a), income-tax act, an income-tax officer may at any time, by a notice in writing, require any person from whom money is due or may become due to the assessee, to ..... of laduram taparia. according to the petitioner, it has 3 partners -- laduram taparia, ganpat ram taparia and bhairodan maheswar. this firm was registered under section 26a, income-tax act. it was duly assessed as such for the assessment years 1042-43, 1943-44, and 1944-45. in july 1947, the firm submitted a return for the ..... against their respective assessments, as also against the respective orders refusing registration under section 26a, income-tax act. on or about 26-3-1951 the income-tax officer forwarded to the certificate officer, 24 parganas a certificate within the meaning of section 46(2), income-tax act, requesting the latter, to commenceproceedings for recovery of the sum of rs. 8, 67, .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]81ITR641(Cal)
..... not discuss section 10(1) of the indian income-tax act but was concerned with the interpretation of section 4(3)(vii) of the income-tax act.31. dr. pal for the assessee also relied on a decision of the division bench of this court in haji hawed haji abdulla v. commissioner of income-tax : [1961]43itr599(cal) . in that case, the ..... . in the first case, the privy council laid down the proposition that in assessing the yearly profits and gains of a business for the purpose of the indian income-tax act, 1922, each year was a self-contained period. lord russell, delivering the advice of the judicial committee, at page 297, made the following observation :' but ..... revenue that there is, in fact, no exchange loss as such. secondly, he invokes the proposition that each assessment year is complete and independent under the income-tax act and, therefore, the prevailing rate of 100 pakistan rupees equivalent to 144 indian rupees was rightly applied at the time for the relevant year concerned. for this .....
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