Court : Gujarat
Reported in : AIR1965Guj234; [1964]54ITR792(Guj)
..... the printing machine in the first year of its business by the assessee firm is a revenue expenditure allowable as a deduction under s.10 (2) (xv) of the income-tax act, 1922. under clause (xv) of s.10 (2) what is allowed as a deduction is, 'any expenditure not being an allowance of the nature of described in ..... year of the business, the purchase of these types would be initial or capitol expenditure. on appeal, the assistant appellate commissioner disagreed with the view taken by the income-tax officer that these types formed part and parcel of the printing machinery, and observed: 'the point as to whether this was a capital expenditure or not would depend ..... allowed, however, rs. 1058/- out of the said amount, so that the controversy in this reference is for the balance of rs. 21,741/- only.(3) the income-tax officer negatived the contention urged by the assessee firm on the ground that these types formed part and parcel of the printing machinery and that ass the expenditure was concerned .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)0GLR108
..... for the printing machine in the first year of its business by the assessee-firm is revenue expenditure allowable as a deduction under section 10(2)(xv) of the income-tax act, 1922. under clause (xv) of section 10(2), what is allowed as deduction 'any expenditure not being an allowance of the nature described in any of ..... is to be seen whether the expenditure incurred was part of its circulating capital. the supreme court in assam bengal cement co. ltd. v. commissioner of income-tax approved of the synthesis attempted by the lahore high corut from the various decisons and also approved the three principles enuciated by it as emerging from the authorities, ..... of the business, the purchase of these types would be initial or capital expenditure. on appeal, the appellate assistant commissioner disagreed with the view taken by the income-tax officer that these types formed part and parcel of the printing machinery, and observed : 'the point as to whether this was a capital expenditure or not would .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj243
..... operations carried out by the assessee with reference to the lands in question constitute agricultural operations, making the sale proceeds agricultural income as defined by s. 2(1) and being exempt from income-tax under s.4(3)(viii) 0f the income-tax act of 1922.(2) the assessee is the present ruler of the former state of bansda which merged in the dominion of india ..... sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of s.2 (1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the officer .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)10GLR1002; [1965]55ITR580(Guj)
..... , certain operations carried out by the assessee with reference to the lands in question constitute agriculture operations, making the sale proceeds agricultural income as defined by section 2(1) and being exempt form income-tax under section 4(3) (viii) of the income-tax act of 1922.' 2. the assessee is the present ruler of the former state of bansda which merged in the dominion of ..... the sale of forest and forest produce of spontaneous growth worked out above is clearly not agricultural income within the meaning of section 2(1) of the income-tax act as the lands from which the said income is derived were not only not assessed to the land revenue in the taxable territories and not subjected to a local rate assessed and collected by the .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)0GLR1; [1964]54ITR664(Guj)
..... in the earlier case, kalyanji vithaldas v. commissioner of income-tax, dealing with the case of two persons, namely ..... kalyanji vithaldas v. commissioner of income-tax, that the income received by right of survivorship by the sole surviving male member of a hindu undivided family could be taxed in the hands of such male member as his own individual income for the purposes of assessment to super-tax under section 55 of the indian income-tax act, 1922 - section 55. ..... is no question of the office being an ancestral or a joint family property. besides, there is a clear distinction, according to the finding of the income-tax officer and accepted by the assistant commissioner and the tribunal, between the office as the head of the sect at porbandar, which is a subject-matter .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1965Guj283; 1965CriLJ743
..... been laid down by the authorities which have already referred to and as such is of no help to the petitioner. (11) in anukul chandra mondal v. commr. of income tax, west bengal, air 192 cal 3,it has been observed that under art. 311(1) of the constitution, a civil servant cannot be dismissed or removed from service by ..... shall, under the orders of the commissioner exercise and perform any of the power of the commissioner to be exercised or performed by him under the provisions of this act or any other law in accordance with the general or special orders of the state government made in this behalf. the legislature, therefore, in its wisdom while enacting ..... by the inspector general of police as well as the state government. that communication he received from the government of gujarat on 21st july 1961 and from the inspector general of police on 3rd august 1961. (2) in the return filed by the inspector general of police on behalf of the government, it has been conceded that the petitioner .....
Tag this Judgment!Court : Gujarat
Reported in : (1965)GLR114; [1965]56ITR503(Guj)
..... the appropriate stage. 7. it is evident that the question depends for its determination on the true construction of section 2(1)(b)(ii) of the income-tax act, 1922. the question whether the process employed by the assessee for the purpose of preparing loofahs out of galkas with a view to exporting and selling loofahs ..... from sugarcane grown by the assessee on its lands was agricultural income within the meaning of section 2(1)(b) of the income-tax act, 1918, which was in identical terms with section 2(1)(b) of the income-tax act, 1922. the assessee contended that the income was agricultural income, but a full bench of the patna high court consisting of ..... a process on green leaves plucked from the tea garden. in its assessment to income-tax, the assessee contended that the entire income from the sale of manufactured tea was agricultural income within the meaning of section 2(1)(b)(ii) of the income-tax tax act, 1918. the calcutta high court, however, held that though the green leaf from .....
Tag this Judgment!Court : Gujarat
Reported in : [1964]54ITR763(Guj)
..... did it disbelieve the genuineness of the payment made to kevalchand but took the view that the payment of such a large commission was unreasonable and the income-tax officer was, therefore, justified in disallowing one half of it. the tribunal held that no special circumstances which justified the payment of such a large ..... be require to be considered would be whether the expenditure was laid out wholly and exclusively for the purpose of business (vide subodhchandra popatlal v. commissioner of income-tax). now section 10(2)(x) permits the deduction of : 'any sum paid to an employee as bonus or commission for services rendered, where such sum ..... to grant by way of additional remuneration a percentage on outstation sales. this was certainly a prudent act of management on the part of the assessee-firm, for correlating additional remuneration with outstation sales would certainly act as an incentive to kevalchand to increase outstation sales and thereby increase the profits of the assessee-firm .....
Tag this Judgment!Court : Gujarat
Reported in : (1964)10GLR1041; [1965]55ITR46(Guj)
..... the holder of the office.' 19. the learned advocate-general relied very strongly on these observations and contended that as in the english income tax act, 1842, so also in the indian income-tax act, 1922, the words 'office or employment of profit' referred to an office or employment which was subsisting permanent, substantive position, which ..... employment which had continuity and which existed apart from the person who held it. such provision are absent in the indian income-tax act and decision on the construction of the words used in the english income tax act, 1842, cannot, therefore, help us in arriving at a true construction of the words used in the indian enactment. ..... assessee. rowlatt j., who heard the case, was inclined to take the view that words 'office or employment of profit' as used in the english income tax act, 1842, were intended to refer to an office or employment which was a subsisting, permanent, substantive position, which had an existence independent of the person who .....
Tag this Judgment!Court : Gujarat
Reported in : [1964]54ITR478(Guj)
..... assessment year 1957-58, the accounting year being samvat year 2012. the determination of the question rests upon the proper construction of section 2(6a)(a) of the income-tax act, 1922. a highly ingenious argument has been advanced by mr. kaji on behalf of the assessee in an attempt to persuade us to answer the question in favour ..... discussion. 7. whilst on the question of construction, we must refer to a decision cited by the learned advocate-general, namely, punjab distilling industries ltd. v. commissioner of income-tax (1) [1963] 48 i.t.r. 288. the provision which came up for construction before the punjab high court in this case was section 2(6a)(d). the ..... as fully paid up and this credit is given by application of the capitalised accumulated profits in payment of such capital sums. as observed by hidayathullah j. in commissioner of income- tax v. dalmia investment co. ltd. (1) [1964] 52 i.t.r. 567 (s.c.) after the accumulated profits are converted into capital and bonus shares are .....
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