Court : Allahabad
Reported in : [1977]110ITR834(All)
..... of the constitution, the petitioner has prayed for issue of a writ quashing the notices issued to it (the petitioner) under section 148 of the income-tax act, 1961 (hereinafter referred to as 'the act'), for the assessment years 1963-64 to 1968-69, and for issue of a writ of prohibition restraining respondent no. 1, the ..... to reduce the profits received from h. manoryltd. in that view the ito treated the entire income of rs. 1,62,155 asthe income of the assessee. later, the ito issued a notice to the assesseeunder section 34 of the indian income-tax act, 1922, to reopen the assessment for the year 1949-50 and to assess the amount of ..... hand, the learned standing counsel contended that the above case was clearly distinguishable from the present case inasmuch as the ito there had acted merely on a general circular issued by the commissioner of income-tax as to the bogus nature of transactions of certaincreditors, but that in the present case, the ito, azamgarh, had himselfentertained a doubt .....
Tag this Judgment!Court : Allahabad
Reported in : [1963]47ITR311(All)
..... object, unless crucial omission or clear direction makes that end unattainable.'it, therefore, appears to me that the word 'assets' in section 24b(1) of the income-tax act should be interpreted to include not merely the corpus but also the usufruct of the asset left by the deceased and it should make no difference that the usufruct ..... is a writ petition under article 226 of the constitution of india. the relief prayed for by this writ petition is that notice under section 46(5a) of the income-tax act, dated 28th june, 1957, be quashed and attachment of the rents of the house known as ujagar bhawan, situate at birahana road, kanpur, be raised.the facts ..... . the proceeding in both the cases is for collection of moneys adjudged to be due. in regard to such collection, under the income-tax act, it has been observed, with reference to the collecting section in the english income-tax act, by lord parker, in a case, drummond v. collins, as follows, at page 540 :'this section is a collecting section .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1935All444; 157Ind.Cas.1000
..... sum of rs. 90,669 being included as part of the income of his joint family for the purposes of super-tax on the ground that the same was exempt from payment of super-tax under section 55. proviso, income-tax act the objection was overruled. the income-tax commissioner was directed by an order of this court dated 25th august ..... 1933, to submit a case for the determination of the following question:whether the applicant is liable to pay, super-tax on that part of its income which represents ..... company, unregistered firm or other association of individuals, not being a registered firm, an additional duty of income-tax (in this act referred to as super-tax) at the rate or rates laid down for that year by act of the indian legislature. provided that, where the profits and gains of an unregistered firm have been assessed .....
Tag this Judgment!Court : Allahabad
Reported in : [1935]3ITR183(All)
..... the sum of rs. 90,669, being included part of the income of his joint family for the purpose of super-tax on the ground that the same was exempt from payment of super-tax under section 55, proviso, income tax act. the objection was overruled. the income tax commissioner was directed by an order of this court dated 25th august ..... , 1933, to submit a case for the determination of the following question :-whether the applicant is liable to pay super-tax on that part of its income which represents ..... company, unregistered firm or other association of individuals, not being a registered firm, an additional duty of income-tax (in this act referred to as super-tax) at the rate or rates laid down for that year by act of the indian legislature :provided that, where the profits and gains of an unregistered firm have been assessed .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1970All620; [1970]75ITR741(All)
..... registrar co-operative society u. p. (relying on pannalal binjraj v. union of india : [1957]1scr233 . 53. clause (g), section 297(2) of the income-tax act, 1961, makes the new act applicable to penalty proceedings in respect of an assessment for the year ending on 31st march, 1962, or any earlier year, provided the assessment is completed on or after ..... the petitioner felt aggrieved and went up in appeal to the tribunal. before the tribunal it was argued for the assessee that section 297(2)(g) of the income-tax act, 1961, violated article 14 of the constitution. this plea was repelled by the tribunal on the strength of the supreme court decision in : [1966]60itr112(sc) in ..... that of the bombay high court in shakti offset works, : [1967]64itr637(bom) (supra). while striking down, as ultra vires, section 297(2)(g) of the income tax act, 1961, the bombay high court observed at p. 657: 'the date of completion of the assessment makes no difference, so far as this aspect is concerned. in fact, it .....
Tag this Judgment!Court : Allahabad
Reported in : [1947]15ITR220(All)
..... from this, the matter is placed beyond any doubt, if reference is made to section 6 and the following sections of the income-tax act. that section divides the various sources of income chargeable under the income-tax act under five heads enumerated in that section. 'income from property' has been described separately and put under a different head from 'profits and gains of business, profession or vocation ..... it would be anomalous to hold that while relief is granted to persons who carried on business, profession or vocation which attracted the provisions of the income-tax act, 1918, the legislature should not have granted under that act. in our judgment, this contention is ill-founded and is opposed to the well known canon of interpretation of statutes, namely, that where the language .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All693; [1954]26ITR530(All)
..... raised in this case, the distinction between the expressions 'making investments', 'acquiring ownership' and 'carrying on business' must we think be kept in view, under section 10 of the indian income-tax act, income tax is payable by an assessee in respect of the profits and gains of any business, profession or vocation 'carried on by him'. rule 1 of the schedule lays down that ..... , to use a perhaps more neutral term, can properly be regarded as constituting part of the assessee-company's life insurance business within the meaning of the schedule to the income-tax act. the activities have been mentioned in paragraphs 5 to 11 of the second statement of the case sent dated 15-5-1953.5. in paragraphs 5 to 7, the tribunal .....
Tag this Judgment!Court : Allahabad
Reported in : [1974]33STC416(All)
..... 30 provides for an appeal against the quantum of tax. it has been held in numerous cases under the income-tax act that the two reliefs are mutually exclusive and both of them cannot be agitated either under section 30 or under section 27: see sir padampat singhania ..... any such question. therefore, it cannot be said that the ex parte assessment order of the sales tax officer had merged in the order of the appellate authority when passed on the assessee's appeal against the quantum.7. similar provisions exist in the income-tax act, 1922. section 27 provides for an application for setting aside an ex parte assessment order and section .....
Tag this Judgment!Court : Allahabad
Reported in : (2000)68TTJ(All)516
..... also recorded (copy available at p. 333 of apb). for further reference the said statement is reproduced hereunder :'statement on oath recorded under section 131 of the income tax act 1961, from sri vinod kumar agarwal on 4-4-1996.oath administeredsd/- vinod kumar agarwal 4/9before mesd/-q1.in the course of the search proceedings under section 132 of ..... prescribed form and be delivered in this office within 16 days of service of notice, duly verified and signed in accordance with the provision of section 140 of the income tax act, 1961.sd/-(dr. subhash chandra)assistant commissioner,central circle-ii, kanpur,'(pb 88/89)12.2. the assessee- company, did not take any cognizance of the said ..... the income tax act, 1961, at the factory premises of v.v.s. alloys ltd., stock taking has been done on 3-9-1996, for which a copy of the panchnama along .....
Tag this Judgment!Court : Allahabad
Reported in : [1965]58ITR626(All)
..... be recapitulate :the petitioner had filed reference applications under section 66(1) of the income-tax act in all the four cases but the said applications were dismissed by the tribunal by their order dated the 28th august, 1961. thereafter, the petitioner preferred applications under section 66(2) of the income-tax act in each of the above four cases; these applications were allowed by this court ..... by an order dated 19th april, 1956. when the statement of the case under section 66(2) of the act was being prepared by the tribunal, the petitioner .....
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