Court : Orissa
Reported in : [1965]58ITR685(Orissa)
..... on the facts and circumstances of the case, registration of the firm should have been renewed for the assessment year 1959-60 under section 26a of the indian income-tax act, 1922, read with the rules framed thereunde ?'the assessee is a partnership concern constituted by a registered deed of partnership dated march 28, 1958. the ..... accordingly he rejected the application for renewal on july 28, 1960.on appeal by the firm, the appellate assistant commissioner, income-tax, cuttack, by his order dated june 18, 1961, maintained the order of the income-tax officer and rejected the application for registration. he referred to various clauses of the partnership deed. according to him the ..... and hold that the registration of the firm should have been renewed for the assessment year 1959-60 under section 26a, read with the rules made under the income tax act, 1922.the department shall pay a sum of rs. 250 (rupees two hundred and fifty) to the assessee towards the costs of this reference.narasimham c .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori162
..... the opinion of the court: 'whether on the' facts and circumstances of this case and having regard to the provisions of section 10 (2) (iii) of the indian incomer-tax act, 1922 the income tax tribunal had power to scale down the rate of interest due to bai mani poddar from nine per cent to six per cent.' 2. the assessment years involved in ..... provision laid down in section 10 (2) (iii) of the old act was kept intact in section 36 (1) (iii) of the new act, in spite of the aforesaid decision of the madras high ..... a. abraham v. i. t. o. kottyam, held that in interpreting taxing statutes, the court cannot make good the deficiency, if there be any. the court must interpret the statute as it stands and in case of doubt in a manner favourable to the tax-payer. 13. the new income-tax act (43 of 1961) came into force with effect from 1-4-1962. but the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori147
..... to registration under section 26a of the income-tax act. during the pendency of the appeal before the tribunal, the new act (income-tax act of 1961) came into force. under section 297(2)(c) of the new act any proceeding pending before any income tax authorities was allowed to be continued under the provisions of the act of 1922. though an application was made ..... by the assessee under section 256(1) of the new act (corresponding to section 66 of the act of ..... the partners. unless it is done, it would not be competent to the income-tax officer, to entertain the application and it would not be obligatory upon him to register the partnership for the purpose of this act.10. in a case reported in air 1961 sc 1356, n.t. patel and co. v. commissioner ot i.t .....
Tag this Judgment!Court : Orissa
Reported in : [1965]58ITR462(Orissa)
..... 1962. but the provisions laid down in section 10(2)(iii) of the old act was kept intact in section 36(1)(iii) of the new act, in spite of the aforesaid decision of the madras high court in ..... in another case in c. a. abraham v. income-tax officer, kottayam held that in interpreting taxing statutes, the court cannot make good the deficiency, if there be any. the court must interpret the statute as it stands and in case of doubt in a manner favourable to the taxpayer.the new income-tax act (43 of 1961) came into force with effect from april 1, ..... east india industries (madras) ltd. v. commissioner of income-tax. it is one of the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1965Ori138
..... definitely from june 1948 on account of the introduction of (i) tenants protection act, 1948, (ii) impending settlement of cash rent under the madras estates land (orissa amendment) act, 1947; (iii) agricultural income-tax act, and (iv) the orissa forests reservation act, 1948. there wag also an agreement between the zamindars and ralyats in ganjam district ..... for fixation of rent at a reduced rate on the average income of ten years prior to 1939. besides the reduction in the net income of the ..... married daughter was entitled to maintenance in that case under section 12 which lays down: 'nothing contained in this act shall affect the right to maintenance out of an impartible estate and income thereof, of any other relations of the proprietor or any previous proprietor under any law or custom for the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori32
..... of buildings or lands within the local area. * * * * * (4) the gram panchayat at a meeting shall check the estimates of income as inserted in column 4 and shall then proceed to assess the tax, and make the necessary entry in column 5.' the opening phrase of clause (1) of rule 121-'after determining by a resolution to impose ..... 1949 cannot declare that the petitioner shall not be eligible for such office for a period of two years. the question of rule 38 being ultra vires the act does not therefore arise in this case.17. the writ petition therefore succeeds and is allowed in terms of the prayer of the petitioner. the government notification removing ..... or body of individuals or a particular community or (c) is generally against public interest, the sarpanch shall refer the matter to the sub-divisional magistrate and thereafter act according to such directions as he may receive from such magistrate. (2) the sub-divisional magistrate may, on his own motion or on the representation by the sarpanch .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori135
..... the supreme court answered the questions thus : while dealing with the true scope and the effect of section 12 of the finance act xxv, 1950 (corresponding to section 298 of the income-tax act, 1961) the supreme court held that it was for the central govt. to determine if any difficulty of the nature indicated in section ..... one of limitation under the new income-tax act, 1961 (act no. 43 of 1961) which came into force with effect from april 1, 1962. the income-tax appellate tribunal, patna bench (camp-puri) dismissed the asses-see's four consolidated reference applications purported to have been made under section 256(1) of the new act, as time-barred.2. the ..... -57.' the relevant facts are that a consolidated order in income tax appeals nos. 2480 to 2483 of 1959-60 of the income tax appellate tribunal, patna branch, was received by the petitioner on 22-6-1963. the income tax act (act no. 43) of 1961, (hereinafter referred to as the new act) came into force on 1-4-1962. the aforesaid appeals .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori124
..... with this point the learned chief justice observed:'it is not also altogether irrelevant to regard the provisions of section 46(2) of the income tax act itself which says that the income tax officer shall forward the certificate to the collector and the collector, on receipt of such certificates, shall proceed to recover from such assessee the ..... as such to the collector. therefore, in my opinion, there is no substance in the contention raised by mr. asok das that the income-tax dues from an assessee under the income tax act, as referred to in section 46(2) thereof, is a public demand payable to any person other than the collector, as described in ..... in these applications. that being so, the entire controversy in these cases substantially centres round the question whether the income tax dues for which requisitions were made by the income-tax officer under section 46(2) of the income-tax act were public demands payable to the collector or not.8. the submission made by mr. asok das is that .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori214
..... open to us in a reference of this nature to go behind the facts as stated by referring authority see air 1963 s. c. 1452. gum estate v. commr. of income tax. b and o. as already said, once it is found that the original revenue proceeding was closed and the final orders were passed on 21-9-61, the order impounding ..... on 20-3-1959. the additional collector thought that the document was not duly stamped and on 20-5-1961, started a separate miscellaneous proceeding (miscellaneous case 28/1-1961-62) for impounding the document under section 33 of the indian stamp act and in the proceeding called upon the vendee to show cause why the document shall not be impounded for non ..... proceeding (case no. 27 of 1959-60) and on 20-5-1961 he considered it necessary to impound the document under section 33 of the act- and for that purpose started a separate miscellaneous case no. 28/1 of 1961-62 on that very date. as under section 29(c) of the act the vendee is liable to pay the deficit stamp duty he .....
Tag this Judgment!Court : Orissa
Reported in : AIR1967Ori107
..... , bengal certified it was a limited company incorporated under the indian companies act of 1913. the appellant-defendants also relied on the articles and memorandum of association of noperam ramgopal limited ext. e. they also relied on the assessment order of the income-tax officer in respect of noperam ramgopal limited dated december 28, 1950 ext. ..... the judgment of the trial court so far as not granting their claim for interest pendente lite, the plaintiffs relied on section 79 of the negotiable instruments act, 1881, which provides that when interest at a specified rate is expressly made payable on a promissory note or bill of exchange, interest shall be calculated ..... legal entity in that it was converted from its status as a joint family firm to a limited company noperam ramgopal limited incorporated under the indian companies act.15. in the ultimate analysis of the evidence therefore the position appears to be this: after partition in 1944 the business continued to remain a joint .....
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