Court : Orissa
Reported in : AIR1955Ori67; 21(1955)CLT131; [1955]27ITR676(Orissa)
..... before proceeding further it will be pertinent to quote section 42 (3), income-tax act as it stood amended after 1939. section 42, income-tax act has been made applicable to the excess profits tax act, 1940, by virtue of section 21 of the act. sub-section (3) of section 42, income-tax act, runs as follows:'in the case of a business of which all the ..... from taxation.9. coming to the second question, on a perusal of the provisions of 3rd proviso to section 5, excess profits tax act, 1940 and sub-section (3) of section 42, income-tax act, we are definitely of the view that when in the present case all the operations of the business were not carried out in ..... being computed in accordance with the provisions of the indian income-tax act) as the receipts so accruing or arising bear to the total receipts of the business, or in such other manner as the income-tax officer may deem suitable.'this rule makes it clear that the taxing officer has power to determine the proportion which is reasonable in .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori119
..... making the assessment without waiting for the actual service on the assessee for production of books but we cannot go to the length of finding that he (the income-tax officer) has acted illegally or without jurisdiction. we would, therefore, answer this question in the affirmative and find that the assessment under section 23(4) has been validly made ..... j. 1. this is a reference under section 66(1), income-tax act, 1923 made by the appellate tribunal on two points of law arising in the case in the following circumstances: the assessment year is 1947-48. the income-tax officer had sent a notice under section 22(2) of the act asking for the return in june, 1947. the assesses on ..... assesee; urges that the word 'to make the return' as used in sub-section (4) of section 23 of the act does not connote within itself any concept of 'delivery of the return' to the income-tax officer or receipt of the same by the said officer. according to him, it is sufficient compliance with the provisions of section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori83; [1955]27ITR587(Orissa)
..... [1950]18itr72(all) (a) rejected the petition of the petitioner as barred by limitation.their lordships of the allahabad high court observed;'an application under section 66(1), income-tax act, 1922, requesting the appellate tribunal to state a case to the high court is not complete fill it is accompanied by a fee of rs. 100/- and where the ..... of rs. 100/- is remitted by money order by an assessee along with an application under section 66(1), income-tax act before the expiry of the period of limitation but is received at the office of the income-tax appellate tribunal after the expiry of the period of limitation such an application would be valid application for the purpose of ..... mohapatra, j.1. this is a petition under section 66(3), income-tax act, 1922, the petition of the assesses under section 68 (1) of the act requesting the income-tax appellate tribunal, calcutta bench, to state a case to the high court having been rejected as barred by limitation by the order of the said tribunal on .....
Tag this Judgment!Court : Orissa
Reported in : [1955]28ITR414(Orissa)
..... in the instant case in law amounted to payment in delhi to the assessee and accordingly the income was received in british india within the meaning of section 4(1) (a), income-tax act'. 10. the important facts of that case as found in the statement of the case quoted ..... p.v.b. rao, j. 1. this is a reference made by the income-tax appellate tribunal to the high court under section 66(1), income-tax act, on an application by the commissioner. 2. the point that has been raised on this reference ..... the commission ascertained from time to time and due on such date. document no. 3 put in by the learned standing counsel for the income-tax department is acopy of letter dated 23-12-1944 from the assessee to messrs t. v. s. iyengar and sons ltd. this, ..... record, the contention of mr. mohanty that they cannot be looked into cannot be accepted. 9. the first document filed now by the income-tax department is an affidavit on behalf of the assessee dated 18-2-49. in para. 2 of the said affidavit it is stated .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori116; [1955]27ITR667(Orissa)
..... the purpose of the present reference, the relevant portion of the definition of 'earned income' as given in section 2(6aa) may be quoted as follows: ' 'earned income' means any income of as assessee who is an individual, hindu undivided ..... , however, the income-tax appellate tribunal was of opinion that a question of law did arise out of the said order, and accordingly they have stated a case on the question quoted above. 2. section 2(6aa) was introduced into the income-tax act by ordinance no. 9 of 1945. for ..... contended that he was entitled to relief by way of earned income under section 15-a of the act as part of his income from forestry, fisheries,royalties etc., constitutes earned income within the meaning of section 2(6aa) of the act. the appellate assistant commissioner and the income-tax appellate tribunal negatived his contention in this behalf. on his application .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori106; 21(1955)CLT555
..... , and the in-come-tax officer in the present case being informed that the patna high ..... income-tax act. their lordships accepted that contention and held that lakhar, bankar, and phalkar which is income derived from forests of spontaneous growth did hot constitute agricultural income-tax and was not assessable to income-tax under the agricultural income-tax act.that case did not overrule any previous decision under section 4 of the income-tax act which exempts agricultural income from assessability to tax under the income-tax act. that was a decision under the agricultural income-tax act .....
Tag this Judgment!Court : Orissa
Reported in : [1955]28ITR136(Orissa)
..... from forest of spontaneous growth did not constitute agricultural income and was not assessable to income-tax under the agricultural income-tax act. that case did not overrule any previous decision under section 4 of the income-tax act which exempts agricultural income from assessability to tax under the income-tax act., that was a decision under the agricultural income-tax act, and the income-tax officer in the present case being informed that the patna high court had ..... decided in that case that it was not agricultural income liable to be taxed under the agricultural income-tax act, sought to invoke his powers under section 34 of the income-tax act. in our .....
Tag this Judgment!Court : Orissa
Reported in : [1956]29ITR253(Orissa)
..... of the constitution, on the basis of which the petition for refund has been filed.3. it is manifest that in order that the petition under section 48 of the income-tax act may be maintain the condition required under the section must be fulfilled.the section runs thus :'48. (1) if any individual, hindu undivided family, company, local authority ..... of the orissa state. this contention of mr. mohapatra therefore will fail.5. the application is not competent under the provisions of section 48 of the income-tax act on another ground also. on the scheme of the act itself it seems, the advantage of section 48 can be available only on the persons who are liable to pay ..... paid by the companies. the present application has been filed for the refund of the income-tax paid by the mayurbhanj state bank on the above two counts and it is under the provisions of section 48 of the indian income-tax act. a refund was allowed in respect of the government securities but refused in respect of the dividends paid .....
Tag this Judgment!Court : Orissa
Reported in : 22(1956)CLT105; [1957]31ITR651(Orissa)
..... maintenance allowance paid by the proprietor of an impartible estate to his son.3. section 6 of the orissa agricultural income-tax act specifies various items of expenditure which may be lawfully deducted from the total agricultural income, in computing the new income liable to agricultural income-tax. the last clause of that section, clause (k), however, confers power on the government to make rules specifying some ..... apply where an exemption is claimed they cannot apply in respect of deductions. it is true that in the orissa agricultural income-tax act and the rules framed thereunder a distinction is made between 'exemptions' and deductions'. 'exemptions are in respect of the income received by the assessee (see sections 8 and 9) whereas 'deductions' relates to the expenditure incurred by him (see section .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori122
..... they do the essence of the business or trade, arc habitually made, there a trade or business is carried on within the meaning of the income-tax acts, so as to render the profits liable to income-tax.'it is important to note that emphasis is put upon the word 'habitually made' in order to constitute exercise of trade or carrying on business ..... of roederer in the united kingdom, it was held that roederer's agents, the appellants do not exercise a trade in the united kingdom within the meaning of income tax act. their lordships made a distinction between carrying on a trade with a country and carrying on a trade within a country.it was further observed;'it would equally prove ..... ending on 30-6-1953 till 31-3-1954. they were also informed that the officer would be compelled to resort to penal provisions of the orissa sales tax act on failure on the part of the petitioners to comply with the requirements contained in the letter. _ there was some correspondence as between the petitioners and the .....
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