Court : Orissa
Reported in : AIR1949Ori60; [1949]17ITR256(Orissa)
..... a portion of the profits of the business accrued or arose at the place of buying ?the expressions 'accrue' and 'arise' occuring in section 4 of the indian income-tax act have been the subject of much judicial interpretation but for the purpose of this judgment it may be judicial interpretation but for the purpose of this judgment it may be ..... have estimated that portion of the profits which accrued or arose in the states and applied the provisions of sub-section (3) of section 42 of the indian income-tax act for calculating the profits that might be deemed to have accrued in british india. he relied on the provisions of sub-section (2 of section 14 and claimed exemption ..... or deemed to have been received in or were brought into british india ?(2) whether section 42(3) of the income-tax act is applicable to the facts of the case the assessees headquarters is at cuttack and he has been assessed to income-tax for the year 1943-44 in respect of his dealings in (a) nux vomica and (b) hides, horns, .....
Tag this Judgment!Court : Orissa
Reported in : [1949]17ITR282(Orissa)
..... legal representative of any such person who is deceased, and accompanied by a certificate in the forms set out below.'the form, which is also printed in sampath iyengars indian income-tax act, 3rd edn., app. vii, page lxxi, contains a note which is identical as the relevant portion of the rule 6. the note : 'this application must be signed ..... ray, c.j. - this arises out of a case stated by the income-tax appellate tribunal, madras bench, under section 66(1) of the income-tax act. the simple facts are that the assessee firm had been registered as a partnership firm for years preceding the assessment year in question. under the law, every partnership ..... the body and that the partners, as named in the deed before him, did not all personally sign.the order of the income-tax officer was confirmed by the appellate income-tax authority as well as by the appellate income-tax tribunal. the latter being moved under section 66(1) agreed to state a case as above and referred to us the question .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori109
..... provisions of sub-section (1) of section 10 or under clause (xv) of sub-section (2) of that section. there is no express provision in the indian income-tax act authorising such deduction but mr. monanti has relied on some decisions in which sucn losses have been allowed on general principles of computation of profits.5. mr. mohanti's ..... expenditure laid out or expended wholly and exclusively for the purposes of the business within the meaning of section 10(2) (xv) of the income-tax act.11. the assessee should pay costs to the commissioner of income-tax. hearing fee is fixed at rs. 100/-.ray, c.j.12. i entirely agree. in course of the argument it has been brought ..... is constitutionally permissible is to distinguish it on facts. besides, what has been laid down as principle of law in the case of 'mulchand hiralal v. commr. of income-tax', has been so done as an obiter dictum. his lordship courtney-terrell c. j., before dealing with question of law observed 'in my opinion the decision of the .....
Tag this Judgment!Court : Orissa
Reported in : 15(2009)CLT94; [1949]17ITR247(Orissa)
..... of sub-section (1) of section 10 or under clause (xv) of sub-section (2) of that section. there is no express provision in the indian income-tax act authorizing such deduction but mr. mohanti has relied on some decision in which such losses have been allowed on general principles of computation of profits.mr. mohantis main contention ..... laid out or expended wholly and exclusively for the purposes of the business within the meaning of section 10(2)(xv) of the income-tax act.the assessee should be pay costs to the commissioner of income-tax.hearing fee is fixed at rs. 100.ray c.j. - i entirely agree. in course of the argument it has been ..... to consider the whether the loss was deductable from the total profits. therefore the observations of the learned judges regarding the correctness of jagannath therani v. commissioner of income-tax were admittedly in the nature of obiter dicta. in the present case, however, it is unnecessary to consider which of the two views is correct because even .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori89
..... had been completed during that year. it is well-settled in law that the words 'accrue and arise' used in section 4 of the income-tax act -- the section that defines income in the previous year (accounting year) -- are of the same import except that the use of one or the other may be more ..... a parallel between the words just quoted from section 115, civil procedure code, and the words defining the powers of the appellate tribunal in section 33(4) of the income-tax act, which provides: 'the appellate tribunal may pass such orders thereon as it thinks fit.' this contention, however, is fallacious. the limitations that have gathered round ..... proceeding arises out of two applications, consolidated, because of the facts being identical, by the commissioner of income-tax, excess profits tax, bihar and orissa, under section 66 (1) of the income-tax act read with section 21 of the excess profits tax act for stating a case and opinion of this court on the following (three) questions of law: (1 .....
Tag this Judgment!Court : Orissa
Reported in : [1949]17ITR355(Orissa)
..... the proceeding arises out of two application consolidated because of the facts being identical, by the commissioner of income-tax/excess profits tax, bihar and orissa, under section 66(1) of the income-tax act read with section 21 of the excess profits tax act for the stating a case and a case stated for the opinion of this court on the following ..... between the words just quoted from section 115 of the civil procedure code, and the words defining the powers of the appellate tribunal in section 33(4) of the income-tax act, which provides, 'the appellate tribunal may pass such orders thereon as it thinks fit.' this contention, however, is fallacious. the limitations that have gathered round ..... been completed during that year. it is well settled in law that the words 'accrue' and 'arise' used in section 4 of the income-tax act, the section that defines income in the previous year (accounting year), are of the same important except that the use of one or the other may be more appropriate in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori53; [1949]17ITR420(Orissa)
..... ray, c.j. - this arises out of an application made to this court, under sub-section (3) of section 66, indian income-tax act, 1922, complaining against the correctness of the appellate tribunal decision dated november 9, 1948, that the assessee application, under section 66(1), to the tribunal to refer a question ..... appellate tribunal decision. the law, on the point, consists of the sub-section (1) and (3) of section 66 rules 7 and 8 read with rule 36 of the income-tax appellate tribunal rules, 1946. accordingly sub-section (1) of the section the assessee is to require the appellate tribunal by application accompanied by a fee of rs. 100 to refer ..... should not be computed as a part of the period of limitation of 60 days. the act does not prescribe any mode of computation. in the absence of such provision, computation must be made in a manner consonant with the advancement of justice. the income-tax appellate tribunal rules can neither for purposes such as determination of the mode of making or .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori47
..... some significance that the actual operation of the impugned levy is on a field which is wholly outside the actual operation of the income-tax act as at present. see section 4 (3), income-tax act (which?) exempts income from religious endowments from taxation. it is also to be noted that the central legislature cannot touch a substantial portion of the field ..... the impugned act, the centre is the same and only the circumferences different and that to allow the provinces to impose a levy under the name of ..... of a levy on something else affecting income only in an indirect way or incidentally, but is a levy on income itself and on nothing else, though the field of its operation and the quantum imposed may be very limited. it is suggested that for the levies both under the central income-tax act as also under section 49 of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori140; 16(1950)CLT45
..... 1935 (certificate case no. 277 of 1933.34). the certificate case arose in conaquence of a certificate filed by the income-tax authorities on 10th march 1934 against gadadhar sahu for realisation of income-tax dues with penalty. after the certificate sale dated 13th february 1936 and delivery of possession, the three brothers of gadadhar ..... sahu filed an objection under section 85, b. & o. public demands recovery act. but their objection was rejected on 15th november 1935. ..... certificate officer rejecting the claim of gadadhar's three brothers satyabadi sahu, madan sahu and shyamsundar sahu under section 35, b. & o. public demands recovery act.7. all these three findings of the learned subordinate judge have been challenged before us and it is necessary to discuss each of them at some length. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1950Ori191; [1950]18ITR383(Orissa)
..... may therefore follow that if the disruption has taken place in the course of the accounting year, a major or substantial portion of the income would escape assessment by virtue of section 14, income-tax act. it may also happen that the hindu law provision that there can be a notional disruption of a joint family without any substantial and ..... 1943, that is, during the course of the accounting year and that accordingly he is entitled to an order under section 25-a of the act and for assessment accordingly. the income tax authorities have held that he was not so entitled and hence this reference.4. one hariram was the father of rangalal. the original joint family ..... jagannadhadas, j.1. this is a reference under the income-tax act. this court by its order dated 3rd january 1949, directed the income-tax appellate, tribunal to state a case under section 66 (2) of the act. in pursuance of that order the question that has been referred for decision of this court is stated by the tribunal in the .....
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