Court : Orissa
Reported in : AIR1963Ori121
..... the reasons which are found to be untenable. in my opinion these observations which bear on the extent of the jurisdiction of the high courts in income-tax matters (under section 66 of the indian income-tax act) may not be applied too literally, in view of the decision of the privy council referred to above. the question ultimately depends on whether ..... . mr. ramdas however contended relying on some observations in dhirajlal v. commr. of i.t. air 1955 sc 271 and sree meenakshi mills ltd. v. commr. of income-tax, madras, air 1957 sc 49 that if several reasons are given by a court of fact to justify its conclusions and some of them are found to be untenable an ..... -singpur which was formerly situated jn the zamindari of bodokhimedi, prior to its being taken over by the government of orissa under the provisions of the orissa estates abolition act. it is admitted that in the finally published record of rights on 1942 (which was republished in 1950) the lands have been recorded in the names of the .....
Tag this Judgment!Court : Orissa
Reported in : [1964]51ITR65(Orissa)
..... supreme court and the high courts have further clarified and developed these principles in the light of the language of the indian income-tax acts which, in pari materia, is substantially the same as of the english income tax acts. in fact, the indian decisions are mainly based on the principles of the english decisions. after a review of all the ..... for the breach of the law which took place; but in the sense in which the words 'for the purpose of the trade' are used in the income-tax act, the english courts expressed the view that this was not connected with or arising out of such trade or business nor is it a disbursement, that is to ..... incurred, otherwise the real profits and gains cannot be arrived at. the allowance of payment of such penalty is neither expressly nor by necessary implication prohibited by the income-tax act. thus, the case for the assessee claiming the deduction was rested on the broad principle that it does not matter whether the expenditure is incurred in consequence .....
Tag this Judgment!Court : Orissa
Reported in : [1963]14STC642(Orissa)
..... stats of bihar [1957] 8 s.t.c. 770 at 779-780, reiterated the rules laid down in their earlier decision in dhakeswari cotton mills ltd. v. commissioner of income-tax [1954] 26 i.t.r. 775. the relevant portion of their lordships' decision is this :.officer is not bound to rely on such evidence produced by the assessee as ..... are these :-the assessee-dealer is a wholesaler in grocery goods having his place of business at soro in the district balasore. he was assessed to sales tax under section 12(2) of the act for four consecutive quarters, namely, from the quarter ending on 30th june, 1957, to quarter ending on 31st march, 1958. in the relevant assessment ..... the dealer to the best of judgment. being aggrieved by the said order of assessment the assessee-dealer preferred appeals and moved a petition under section 21 of the act to summon the said two retailers at the cost of the assessee-dealer on the grounds stated in his petition. the assistant commissioner did not accept the argument advanced .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori189
..... 1,00,000 equity shares of rs. 100/- each ranking pan passu with the existing shares and 1,00,000 6 1/2 per annum cumulative redeemable income-tax free preference shares of rs. 100/- each and such preference shares snail confer on their holders the rights and privileges attached thereto by the new article to ..... filing of the petition. facts and circumstances transpiring subsequent to the filing of the application must be ruled out of consideration. in the affidavit filed on 8th february 1961, further facts of mismanagement were mentioned in paragraph 11. many of these allegations are thoroughly irrelevant for the purpose. for instance, the averment is that the indian ..... cal 672 and by mr. justice rao in the interim injunction matter.23. mr. justice burmart further held that the amendment of section 81 by the companies act, 1960 (act 55 of 1960) which came into force on december 28, 1960 supports the view that the new shares must be allotted only to the existing equity sharesholders. .....
Tag this Judgment!Court : Orissa
Reported in : [1963]14STC738(Orissa)
..... act would apply. the aforesaid decision on which mr. das placed reliance was set aside by the supreme court in first additional income-tax officer, karaikudi v. t. m. k. abdul kassim [1962] 46 i.t.r. 149 and should ..... on abdul kassim v. first additional income-tax officer, karaikudi [1958] 33 i.t.r. 466. this contention is devoid of force on a pure elementary analysis. by virtue of the legal fiction the transferee is treated as a registered dealer and immediately comes within the definition of ''dealer' under section 2(c) of the act to whom the various provisions of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori171
..... would not suffice. mr. das invited our attention to sections 112, 133, 134 and 135 of the orissa municipal act which impose certain restrictions on the levy of taxes on holdings, lighting and water tax, latrine tax, drainage tax etc. it was urged that in the absence of such restrictions regarding the imposition of octroi duty, clause (kk) ..... the daily influx of people carrying goods within municipal limits the municipality imposes an octroi duty with a view to increase its income, it must be held that such an octroi duty is essentially a compensatory tax. as their lordships pointed out in the aforesaid paragraph of their judgment -- it is not necessary, for a ..... tax to be compensatory, to show that theamount collected is actually used in providing facilities. but bearing in mind the fundamental limitation on the power of a municipality to expend its income for purposes other than making provisions for the convenience of the people .....
Tag this Judgment!Court : Orissa
Reported in : [1964]52ITR121(Orissa)
..... as time-barred.the question is answered in the negative. the tribunal was not justified in holding that the assessees application for registration under section 26a of the indian income-tax act was time-barred. the same answer is given to the question referred to this court in s.j.c. no. 36 of 1962.both the references are ..... admittedly not registered till october 21, 1959, by the registrar of firms, clause (a) of rule 2 of the indian income-tax rules should apply and the application for registration under section 26a of the indian income-tax act should have been made within six months from the date of the constitution of the firm. according to him the new firm ..... of the case, the tribunal was justified in holding that the assessees application for registration under section 26a of the income-tax act for the assessment year 1958-59 was barred by limitation under rule 2(a) of the income-tax rules?'in s.j.c. no. 36 of 1962, the same question has been referred to for the assessement .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori123
..... could act as the karta of a hindu joint family. in some of the cases of the nagpur high court, viz., air 192.6 nag 81, kesheo v. jagannath, air 1947 nag 178, pandurang dahake v. pandurang gorle, and air 1949 nag 128, commr. of income-tax c.p ..... loans existing on the date of sale (ext. a). there is some evidence to show that the family had no other source of income from which the arrears of rent or the loans or even the maintenance of the family could be, met. we have already seen ..... to some other decisions dealing with the subject and contended that those decisions are authorities for the proposition that a minor can never act as the karta of the hindu joint family, unless of course it is a trading family. in support of his contention, he ..... family so as to bind the family with her alienations for legal necessity. the question of the competency of the minor to act as the karta or managing member of the hindu undivided family did not come up for consideration in that case. the following .....
Tag this Judgment!Court : Orissa
Reported in : AIR1964Ori128; 30(1964)CLT299; [1965]56ITR298(Orissa)
..... is not open to any such challenge. 12. the third contention of narasaraju deals with the interpretation of the word 'individual'. it is true that in the indian income-tax act the word 'individual' is used in contradistinction to a hindu undivided family, but the argument that the makers of the constitution being aware of this distinction made in the ..... not a corporation but is merely a group of individuals forming a unit --see air 1960 bom 191 followed in air 1961 andh pra 75 and air 1962 kerala 110. doubtlessthe allahabad high court in air 1961 all 487 has taken a slightly different view. the majority of the judges were of opinion that a hindu undivided family ..... air 1960 bom 191, (2) in andhra pradesh in subramanyam v. addl. wealth tax officer, eluru, air 1961 andh pra 75, (3) in allahabad in jugal kishore v. wealth tax officer special circle 'c' ward, kanpur. air 1961 all 487 (4) in kerala in mammad keyi v. wealth tax officer, calicut, air 1962 kerala 110 and (5) in mysore in krishna rao v .....
Tag this Judgment!Court : Orissa
Reported in : [1964]54ITR328(Orissa)
..... referring the following question for the opinion of this court :'whether on the facts and circumstances of the case the penalty order passed by the income-tax officer under section 28(1)(c) of the income-tax act, 1922, on january 31,1958, in respect of the assessment year 1946-47 was bad in law ?'the material facts found by the tribunal ..... in a statute and cannot be inferred merely on account of unreasonable delay. once it is conceded that in the indian income-tax, 1922(which provides for special rules of limitations for the various proceedings under that act) there is no express provision prescribing the period within which an over of penalty should be passed, no such order can ..... are as follows : the assessment proceedings were completed on october 31,1950. thereupon, a notice under section 28(3) of the act was issued to the assessee to .....
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