Court : Orissa
Reported in : [1961]41ITR320(Orissa)
..... to the benefits of this partnership till he attains majority.'an application was then made for registration of the partnership business under section 26a of the income-tax act. the income-tax officer rejected the application holding that the minor was made a full-fledged partner and was not merely admitted to the benefits of partnership and, consequently ..... by the partnership firm. notwithstanding the existence of this clause the learned judge held, as a matter of construction, that for the purpose of the income-tax act it must be held that the minors were not full-fledged partners but were only admitted to the benefits of partnership, relying on the aforesaid madras ..... : yes. the minor, rabindra nath pradhan, was only admitted to the benefits of the partnership.question no. (ii) : registration under section 26a of the income-tax act should be granted to the firm for the assessment years 1952-53 and 1953-54, but should be rejected for the assessment year 1951-52.as the petitioner has .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori67
..... for purchasing timber to r. b. bhaitacharjee for b. c. bagudai.rs. 2154-8-02.17-5-1946amount debited for purchasing 500 cit. sal wood to sri r. b. bhattachargee as his brain is not in good order.rs. 3000-0-03.24-5-1946amount debited ..... application on merits and vary the list so far as it concerns the judgment-debtor, under section 45-d (9) of the banking companies act. in support of his contention mr. s. c. roy, learned counsel for the judgment-debtor petitioner, relied on paragraphs 9 to 16 ..... fit case where the judgment-debtor should be given the benefit of the proviso to section 45-d (9) of the ranking companies act and thus he is entitled to the extension of the period for making 'the application.the circumstance which, as i have already indicated ..... debtors including the said baishnab charan bagudai for settlement of the list of debtors under section 45-d (3) of the banking companies act, 1949, claiming from him a sum of rs. 13,029/13/6 with interest as calculated up to march 31, 1954. from .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori180; 1960CriLJ1355
..... as to defeat the end for which it was invented, but for every other purpose it may be contradicted. the decision, along with the privy council decision in commr. of income-tax, bombay v. bombay trust corporation ltd., air 1930 pc 54, and the decision of the supreme court in state of bombay v. pandurang, air 1953 sc 244, were ..... the return was not filed and a prosecution report was submitted by the chief inspector of mines, dhanbad, on 18-7-58 under section 66 of the indian mines act (act 35 of 1952). the additional district magistrate baripada took cognizance on 30-7-58 and thereafter the case was transferred to the file of mr. panda. the only ..... intended to apply to all refutations whether they are rules and regulations simpliciter or whether they are rules and regulations which shall have effect as if enacted under this act. it is manifest that the regulations are in factual existence as regulations, though for many purposes they are treated as if they are enacted in the statute. the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori62; [1962]32CompCas497(Orissa)
..... the present case, the local office of such factory or other unit of production is sufficient and is competent.with particular reference to income-tax, the learned counsel, reiving on section 4a of the income-tax act, contended that the company is a resident in the taxable territory, if the control and management is situated wholly in the taxable ..... orissa 3.50 per cent. it is also to be noticed that under section 4b of the income-tax act, a company is ordinarily resident in taxable territories,as regards the place of assessment, section 64 of the income-tax act provides that where an assessee carries on business etc. in more places than one he shall be assessed ..... by the income-tax officer of the area in which the principal place of the business is situate. section 5(7) .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori187
..... -1955. the tribunal accordingly rejected the applications as being out of time. 2. the only point for consideration is whether on construction of section 66(1) of the income-tax act (act xi of 1932) read with rules 7, 8 and 36 of the appellate tribunal rules, 1946, the said applications were barred by limitations. the question is whether the ..... , j. 1. the point involved in this reference tor decision of this full bench is one of limitation, arising out of two applications under section 66(3) of the income-tax act (act xi of 1922), -- s. j. c. no. 4 of 1956 relating to the assessment year 1950-51 and s. j. c. no. 5 of 1956 relating ..... court decision levied on by the assessee petitioner does not support his contentions. 8. our view with regard to the mandatory character of section 33(1) of the income-tax act read with the rules made thereunder is further supported, by the history of the legislation on this subject as appears from the parliamentary bills and official records connected therewith .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori192; [1962]44ITR782(Orissa)
..... or otherwise of the view taken in the aforesaid decision regarding the interpretation of the words 'accompanied by a fee of rs. 100/-' in section 66(1) of the income-tax act. i would leave this question open to be decided when it becomes necessary. misra, j. 8. i agree with my lord the chief justice had the case been ..... power to excuse the delay and the tribunal was justified in rejecting the application as barred by limitation. there is no provision in the income-tax act, making the provision of section 5 of the indian limitation act applicable to an application under section 66(1). the allahabad high court also made it clear in the judgment with which, with great ..... was barred by time. the assessce thereupon made an application to the high court under section 66(3) of the act. the high court held on those facts that the substance of section 66(1) of the income-tax act was that the application should be made and the fee paid within the period of limitation and that the requirements of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori195; [1962]44ITR668(Orissa)
..... court can also go into questions of fact in certain cases for cogent and compelling reasons. in the present case the scope of section 66 (2) of the income-tax act is limited. the jurisdiction of the high court in an application under section 66(2) is different from, its jurisdiction in a second appeal. 6. in the ..... under section 66(2) of the indian income-tax act, all at the instance of the assessee petitioner in the facts and circumstances hereinafter stated, relating to the assessment years 1949-50, 1950-51 and 1951-52. this court by its order dated 6-11-1958 called upon the income-tax tribunal to state the case and to refer ..... beconsidered as constituting sufficient cause for notpresenting the appeal within the prescribed period'. in pursuance of this order of the court, a statementof case was submitted by the income-tax tribunalon 22-6-1959. hence, these references which wereanalogously heard. 2. the matter arose in the following circumstances; on 5-2-1954, the assessee received the .....
Tag this Judgment!Court : Orissa
Reported in : [1960]40ITR93(Orissa)
..... in parliament on june 6, 1951, being bill no. 56 of 1951 in which in clause 65 thereof substitution of a new section for section 66 of the income-tax act, 1922, was recommended, the proposed proviso to the new section being as follows :'provided that the appellate tribunal may, if it is satisfied that the applicant ..... decision relied on by the assessee petitioner does not support his contentions.our view with regard to the mandatory of character of section 66(1) of the income-tax act read with the rules made thereunder, is further supported by the history of the legislation on this subject as appears from the parliamentary bills and official records ..... regard to the revenue laws of the country, that there is necessity for such mandatory provisions as contained in the different sections of revenue law such as the income-tax act. to take any other view would render nugatory the provisions which fix certain limit as to time by or within which appropriate proceedings may be taken recourse .....
Tag this Judgment!Court : Orissa
Reported in : AIR1961Ori81
..... , raichur, in that case the learned judges of the mysore high court while considering rule 40 framed under the hyderabad agricultural markets act (ii of 1939) went into a discussion regarding the distinction between tax and fee and held that there was no quid pro quo for the produce that had been purchased outside raichur and brought for ..... of transaction and the place of transaction are localised and unestricted activities of traders at various points are ckecked. the market committee as contemplated under section 5 of the act has been constituted in development department notification no. 23468 dated 24-6-59. this committee as provided under sub-section (1) of section 6 is a committee ..... of the development department no. 19744/d, dated 27th may, 1959. the main source of the income of the market committee were mainly two (1) the license fee and (2) the market fee. a major portion of the income of the committee is ear-marked for the development work in the market yard as providing rest-shed .....
Tag this Judgment!Court : Orissa
Reported in : [1961]12STC289(Orissa)
..... mall v. revenue commissioner, orissa a.i.r. 1956 orissa 34, refers to an order under the orissa agricultural income-tax act passed by the commissioner in exercise of his revisional powers though that authority was not required, under the rules made under that ..... orissa 23 it was pointed out, following a madras decision in o.a.o. a. m. muthiah chettiar v. commissioner of income-tax, madras [1951] 19 i.t.r. 402, that if a person is given a right to resort to a particular remedy ..... a free copy of the order without even applying for the same would not save limitation. section 24(2) of the orissa sales tax act expressly says that the period of thirty days shall count from the date of refusal by the tribunal, and the date of refusal ..... clearly barred by time. we have no power to condone the delay under section 5 of the limitation act as that section has not been applied to proceedings under the sales tax act.5. mr. das for the petitioner urged for the first time before this court that on 20th august .....
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