Court : Madhya Pradesh
Reported in : [1957]32ITR656(MP)
..... long as it was not brought into the taxable territories. in many indian states thee was no income-tax and income, where it existed, the rate of tax was much lower than the rate of tax under the indian income-tax act. when, therefore, the indian income-tax act was extended to part b states, the legislature thought it proper to soften the rigour of the ..... seen that paragraph 4(1) (i) refers to years of assessment commencing on 1st april, 1944, and ending on 31st march, 1950. during this period the indian income-tax act was not in force in indian states which later became part b states. when, therefore, paragraph 4(1)(i) speaks of an assessee 'who has been assessed ..... quiet apart from the prima facie meaning attached to the word 'resident' by section 4a) is also to be found in the structure of the act. the normal dichotomy in the indian income-tax act is between persons resident in the taxable territories and persons not resident in the taxable territories. i use the word 'normal' to show that .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ14
..... in the entry tax act.5. on behalf of revenue it was submitted that the gas cylinders are containers, rather ..... as such, it cannot come within the meaning of plant and machinery. the deduction allowable under the income tax act for the purposes of depreciation, as plant and machinery, cannot be accepted for taxation under the law relating to the entry tax or sales tax. in mukesh kumar agarwal v. state of m. p., 1988 (68) s.t.c. 324 ..... schedule ii appended to the m. p. general sales tax act, 1958?'4. shri b. l. nema, learned counsel for the assessee submitted that cylinders are 'plant and machinery' for the purpose of the income tax act and they should be reckoned as such, since, there is no entry tax leviable on plant and machinery, there being no specific entry .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1970]76ITR615(MP)
..... reference was made, does not appear at the hearing of the reference. the learned chief justice of the calcutta high court, after referring to section 66(5) of the indian income-tax act, 1922, said ;'it will be noticed that the section is expressed in mandatory language and deploys the word 'shall' throughout its many clauses. prima facie, therefore, it would ..... for decision.6. there is ample authority in support of the view that when a party who has caused a reference to be made under section 66 of the indian income-tax act, 1922, does not appear at the hearing of the reference, the high court is not bound to answer the question referred and should not do so. in m. m ..... is not interested in the reference being answered.8. in karnani industrial bank ltd. v. commissioner of income-tax, [1956] 30 i.t.r. 16 it has been held by the calcutta high court that there is no provision in the income-tax act under which the party who has caused a reference to be made can be allowed to withdraw it after .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1958]33ITR448(MP)
..... by the assessee and issued a notice of demand under section 29. the mere fact that the commissioner of income-tax could exercise powers of revision under section 33 of the income-tax act or that the income-tax officer at any time within one year from the dated of any demand may make rectification and correct mistake in ..... reiterated in the new enactment are construed as having been continuously in force.'in this case, the income-tax act, as applied to the nandgaon state, was repealed but was replaced by the indian income-tax act. section 34 in both these act are idential. according to the principle quoted above section 34 should be deemed to be continuously ..... being one of those processes comes within the ambit of the phraseology employed.'it will be observed that section 34 of the income-tax act contemplates four different cases in which the power to assessee escaped income has been given. where there has been no assessment at all, the terms 'assessment' would be appropriate and where there .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2002]121TAXMAN229(MP)
..... 226 and 227 of the constitution of india, while dealing with pil. an inquiry of this nature involves entirely different type of exercise. indeed, the income tax act, 1961 has already taken care of this eventuality and has conferred sufficient powers on several authorities to initiate the action against such person, chapter xiii and in ..... 4, as per the provisions of the income tax act and if any case of evasion of tax for any of the assessment years is noticed, then action as contemplated under the income tax act depending upon the nature of concealment be taken, keeping in view the relevant provisions of the income tax act and the rules framed thereunder. let this ..... on these allegations that the petitioner who claims to be one of the honest taxpayer, has prayed for directions against the income tax department to proceed against such builders and take action under the act.2. heard petitioner in person and shri patankar, learned counsel for respondents.3. in a petition of this nature, this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1981MPLJ706; [1983]53STC271(MP)
..... 's case air 1951 nag 224 is dealing with a matter under the income-tax act where the scheme is entirely different. there is a significant difference between a revision application made under the sales tax act and an application made under section 66 of the income-tax act. as pointed out in motilal hiralal's case air 1951 nag 224, the ..... . the impact of rule 7(2) would be that when an application under section 66 of the income-tax act was sent by registered post, it would be deemed to have been presented when it reached the registrar of the income-tax appellate tribunal. it was, therefore, envisaged that the application must reach the registrar within the period of ..... the period of limitation for sending the revision by registered post is not reduced. there is nothing in the act or the rules which would indicate the curtailment of the limitation, as was the case under the income-tax act and the rules made thereunder. we would respectfully agree with the view taken by the allahabad high court in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2002]256ITR455(MP)
..... the constitution of india, while dealing with public interest litigation. an inquiry of this nature involves an entirely different type of exercise. indeed, the income-tax act has already taken care of these eventualities and has conferred sufficient powers on several authorities to initiate action against such persons. chapter xiii and in particular ..... , as per the provisions of the income-tax act and if any case of evasion of tax for any of the assessment years is noticed then action as contemplated under the income-tax act depending upon the nature of concealment be taken, keeping in view the relevant provisions of the income-tax act and the rules framed thereunder. let this ..... on these allegations, the petitioner who claims to be one of the honest taxpayers, has prayed for directions against the income-tax department to proceed against such builders and take action under the act.2. heard the petitioner in person and shri patankar learned counsel for the respondents.3. in a petition of this .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009ACJ1937
..... , i am of the considered view that the aforesaid contention of mr. n.d. singhal cannot be accepted. the question of deduction of income tax under section 194-a of the income tax act from the amount of compensation to be paid has been considered and decided by gujarat high court in the case of united india insurance co. ..... made by the insurance company is proper. therefore, learned claims tribunal has committed error in directing for payment of interest already deducted by the insurance company under the income tax act.3. even though mr. n.d. singhal, learned counsel for respondents supported the impugned order and submitted that for the reasons indicated in the order, directions ..... petition.2. it is the case of petitioner that as tax on the interest of the awarded amount is liable to be paid after deduction of income tax under section 194-a of income tax act, insurance company deposited the amount after deducting a sum of rs. 12,800 as tax on the interest amount. this deduction has been found .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)142CTR(MP)465
..... was right in law in holding that the assessee was guilty of failing to furnish the return of income without reasonable cause under s. 271(1)(a) of the it act.3. whether, on the facts and in the circumstances of the case, the order of the tribunal ..... (annex.-h). the tribunal found that the assessee had not been able to establish that she had a bona fide belief that her income was much below the taxable limit. the tribunal also observed that the assessee had withheld the material and as such adverse inference was ..... law'.asst. yr. 1976-77 :1. whether the presumption that the assessee concealed taxable income of rs. 30,000 or furnished inaccurate particulars of income when the assessees only source was tax-free income from agriculture for the last 7 years and expenses on children were being met out of ..... s. k. kulshrestha, j. :the applicant seeks reference under s. 256(2) of the it act, 1961 of the following questions stated to be arising out of the order of the tribunal pertaining to the asst. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2005]144TAXMAN762(MP)
..... might be issued will not or would not cause to be produced. the existence of 'reason to belief' as contemplated in section 132 of the income tax act, 1961, is subject to a limited scrutiny and the high court cannot substitute its own opinion for that of the director of inspection or the ..... police authorities. thus, it appears that there is reason to believe that the assets represent either wholly or partly income or property which has not been, or would not have been disclosed for the purposes of the income tax act, 1961, by shri amar agrawal from whose possession or control such assets have been taken into custody by the police authorities ..... . it was, therefore, proposed by dy. director of income tax (inv) to initiate the action, if deemed fit, to issue warrant of authorisation .....
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