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 : 2007(1)ARBLR244(Orissa); 102(2006)CLT227
..... held that the award is hit by clause (b)(i) and (ii) of sub-section (2) of section 34 of the act as the dispute is not capable of arbitration before tax is finally assessed by the taxing authority under the income tax act, 1961 and disallowed the claim. the said order is now under challenge.9. according to the learned counsel for the appellant, the respondent ..... passed by the tribunal was hit by clause (b)(i) and (ii) of sub-section (2) of section 34 of the act as the dispute was not capable of arbitration before the tax is finally assessed by the taxing authority under the income tax act, 1961 and accordingly by judgement dated 9.1.2002 set aside the award passed by the tribunal. the aforesaid judgement is under .....
Tag this Judgment!Court : Orissa
Reported in : [1972]84ITR206(Orissa)
..... if thereis no dissension or discomfort, people desire to separate to avoid injuriousattack on their property rights by law. the land reforms act, tenancylaws, wealth-tax act, income-tax act and estate duty act have madeserious inroads into property rights. even a family consisting of only thefather and the sons have to sacrifice their ..... . misra, c.j. 1. facts may be stated in short. the petitioner is an assessee under the orissa agricultural income-tax act, 1947 (orissa act xxiv of 1947) (hereinafter to be referred to as 'the act'). in 1947, there was a partition in his family by a registered partition deed whereunder all the properties including agricultural lands ..... law cannot be discountenanced.so also under the wealth-tax act one has to pay wealth-tax if the totalassets are beyond a limit, while, if the members separate, they may not beliable to pay wealth-tax at all. the same principle applies to liabilitiesunder the income-tax act and the act. thus, if in these circumstances toget rid .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR747(Orissa)
..... order passed by the income-tax officer was made without proper enquiry. the tribunal also pointed out that non-acceptance of the order ..... a. pasayat, j.1. pursuant to the direction given by this court under section 256(2) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench (in short, 'the tribunal'), has referred the following questions for opinion :'(i) whether, on the facts and in ..... of interest on doubtful debts from the computation of total income. the said order was available to the income-tax officer when he made the draft assessment order and also to the inspecting assistant commissioner when he gave directions to the income-tax officer under section 144b of the income-tax act, 1961, and, therefore, it cannot be said that the .....
Tag this Judgment!Court : Orissa
Reported in : (1995)126CTR(Ori)359
..... the assessee being an employee of the life insurance corporation of india and deriving both salary and incentive bonus could not be assessed under section 16 of the income-tax act, 1961, in respect of his incentive bonus receipt ?(iii) whether, on the facts and in the circumstances of the case, the tribunal was right to endorse ..... 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has formulated the following questions for the opinion of this court :' (i) whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the incentive bonus received by the assessee can be assessed as income from profession and deduction at ..... officer gets from the employer, the life insurance corporation, partakes of the character of salary as defined under section 17 of the income-tax act and is chargeable to income-tax under section 16 of the act.12. so far as question no. 1 formulated by the tribunal is concerned, in view of our earlier answer to the .....
Tag this Judgment!Court : Orissa
Reported in : AIR1956Ori37; 21(1955)CLT441; [1956]29ITR30(Orissa)
..... -1942, that is from the beginning of the year previous to the assessment year of 1944-45. on receipt of this letter the territorial income-tax officer, cuttack, issued a notice under section 34, income-tax act on 21-3-1949 on mannalal modi asking him to submit a return. the notice was served on the assessee on 28-3-1949. ..... it has not been charged on account of a mistake or oversight on the part of the taxing authorities.'that was a case under the agricultural income-tax act, but as the language of section 26 of that act is almost similar to section 34, income-tax act, mr. das wanted to rely upon this passage. the facts of that case show that an ..... item of income was not charged, because it was not included in the return, and therefore, the taxing authorities were justified in .....
Tag this Judgment!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 : [1976]102ITR572(Orissa)
..... counteract evasion of tax.2. petitioner purchased the land covered by plot numbers 1515/a/1 and 1515/a/2 ..... constitution challenges the vires of the provisions of the taxation laws (amendment) act, 45 of 1972, by which with effect from november 15, 1972, a new chapter being xx-a was added to the income-tax act of 1961 (hereinafter referred to as the 'act') providing for acquisition of immovable properties in certain cases of transfer to ..... pith and substance test the legislative entry supports legislation, a statute is not open to attack on the ground of want of competence. undoubtedly, the income-tax act is a legislation in exercise of legislative powers under entry 82. so is the provision now impugned before us. the impugned chapter makes provision for imposition .....
Tag this Judgment!Court : Orissa
Reported in : AIR1952Ori112
..... till ghanshyam das' business was fully assessed. however, they have thrown a suggestion that in case ghanshyam das is assessed for the same it will be proper for the income-tax dept. to refund the money to the assessee. we entirely concur with this view. it has been brought to our notice at the bar that in the meantime the ..... that he cannot avail of the other exceptions, referred to above. with regard to this, he urges, relying upon a bombay decision, reported in 'yadavindra singh v. commr. of income-tax central bombay' : [1943]11itr202(bom) , that a case, where the principal himself can be assessed, as he was assessed in the aforesaid reported case, is as good as ..... within the exception while assessibility of the principal under section 42 of the act is not enough for the purpose. it is only when the principal or any body on his behalf in respect of the very item of interest received by him is assessed to income-tax, the debtor's business has to be exempted from being assessed against in .....
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 .....
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