Court : Mumbai
Reported in : [1956]30ITR53(Bom)
..... earned. having heard the advocate-general we do not think that the case he relies on in any way militates against the principle laid down in commissioner of income tax v. shamsher printing press. 5. the result is that we must answer the question referred to us in the negative. the commissioner to pay the costs. 6 ..... the commissioner has now come on this reference. 2. in our opinion, the facts of this case are not distinguishable on principle from our decision in commissioner of income-tax v. shamsher printing press. that was a case where under the defence of india rules the assessee's paid business was requisitioned by government and government paid compensation ..... this case the position seems to us to us to be identical. the licence which alone enabled the assessee to carry on the business which would yield income was undoubtedly a capital asset and that capital asset was either destroyed or sterilized and what was paid to the assessee was compensation for the destruction or sterilization .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom284
..... at. in our opinion, therefore, by reason of the decision that we gave in i. t. ref. no. 16 of 1948 (bom) (a), the method of valuation adopted by the income tax department was right and the loss should be assessed according to the method of the department and not according to the assessee company or to the tribunal.4. the answer ..... chagla, c.j.1. in view of our decision in -- 'commr. of income-tax v. manecklal chunilal & sons ltd.; i. t. ref. no. 16 of 1948 (bom) (a), the contention which has been raised by the assessee on this reference cannot be accepted.2. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom435
chagla, c.j.1. this is one of those unfortunate cases where moral principles cannot be given effect to by reason of the provisions of the income-tax act. 2. the assessee is a broker and he effected various transactions in cotton in the assessment years 1944-45 and 1945-46 and the i. t ..... party to perpetrating what was really a fraud upon the revenue. but the income-tax act, as have often observed, unfortunately does not concern itself with moral considerations. the income-tax act is concerned with a very limited question as to whether the amount brought to tax constitutes the income of the assessee. at the worst the finding of the tribunal comes ..... be said that on these facts the assessee helped ramnarain sons to evade the payment of tax on these profits, but unfortunately the income-tax act does not contain any provision which permits the taxing department to include in the income of an assessee the income of some one else because the assessee has helped that some one else to evade payment .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom557; (1956)58BOMLR134; [1956]30ITR139(Bom)
..... reason why a constructive notice provided by a. statute should not have the same effect.7. the final argument urged by mr. palkhiwalla is that section 1(2), income-tax act extends the act to the whole of india, and as the assessee was outside india as india was understood, then, he was resident of an indian state, the provision with ..... the question that arises on this reference is a question of limitation and what was contended by the assesses was that certain notices served by the income-tax officer under section 22(2) of the act read with section 34 were out of time and therefore the assessment pursuant to these notices was invalid in law.2. the two rival contentions ..... ; but as the matter is of some importance we have considered mr. paikhiwalla's contention that undersection 22(1) if there is a public notice issued by the income-tax officer, that notice under the subsection does not bind the assessee and there is no obligation upon the assessee to make a return.it is said that as the .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom499; (1956)58BOMLR137; ILR1956Bom178; [1956]30ITR57(Bom)
..... not justified by the provisions of section 66(2).mr. palkhivala now relies on a recent decisionof the allahabad high court which is reported inmalmbir prasad niranjanlal v. commr. of income-tax, u. p. : [1951]20itr472(all) (a). in thatcase an application was made by the assessee forreferring certain other question which arose outof the order of the e. p. t. ..... practice of this court. but he does not say that he took advice from any lawyer from indore.if the assessee read the judgment himself and showed sufficient interest in income-tax law, it is difficult to understand, reading the khandwala's case (b), how he came to the conclusion that that case lays down that the notice of motion could ..... must be a plea that incorrect advice was given by some lawyer. it may also be that where the procedure is not well settled or it is doubtful a litigant, acting on an advice which may take one view of the proper procedure, may be excused for the delay. but even with regard to that, as we have pointed out, .....
Tag this Judgment!Court : Mumbai
Reported in : [1956]29ITR857(Bom)
..... be given to that expression of opinion by the income-tax authorities the income-tax authorities should do so by including this income in the assessment of purshottam laxmidas. armed with this opinion of the income-tax tribunal, the income-tax officer issued a notice under section 34 of the income-tax act on april 30, 1954, and by this notice ..... . chagla, c.j.57. this appeal arises out of a petition filed challenging a notice issued by the income-tax officer under section 34 of the income-tax act and praying for a writ restraining the income-tax officer from proceeding further pursuant to that notice. 58. it appears that the firm of purshottam laxmidas, who are ..... proposition that an illegal threat to assess can be challenged otherwise than by the machinery provided by the income-tax act. therefore, to the extent that the advocate-general argued that when the income-tax act provides a particular machinery the aggrieved party can challenge a threat to assessment only by means of that .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom530; (1956)58BOMLR184; ILR1956Bom374
..... could be given to that expression of opinion by the income-tax authorities, the income-tax authorities should do so by including this income in the assessment of purshottam laxmidas.armed with this opinion of the income-tax tribunal, the income-tax officer issued a notice under section 34. income-tax act on the-30-4-1334 and by this notice the firm ..... this important proposition that an illegal threat to assess can be challenged otherwise than by the machinery provided by the income-tax act.therefore, to the extent that the advocate general argued that when the income-tax act provides a particular machinery the aggrieved party can challenge a threat to assessment only by means of that machinery, ..... the proviso and he loses the right that he had of considering that any further proceedings under the income tax act with regard to his income for past years were not competent or not open to the income tax authorities.the advocate general says that the persons who are sought to be roped in by this .....
Tag this Judgment!Court : Mumbai
Reported in : [1956]29ITR118(Bom)
..... was made to the appellate tribunal under section 66(i) of the income-tax act with regard tot he assessment of the petitioner company, the income-tax authorities having held that in respect of the petitioner company's chargable accounting period 1943 the excess profits tax officer was not buond to take into consideration the valu of the goodwill ..... in computing the average capital for the purpose of section 6(i) of the excess profits tax act. as the ..... which had been dismissed by the tribunal. the learned judge granted the relief sought to the petitioners and the income-tax authorities have now come in appeal.2. mr. joshi who appears for the income-tax authorities is perfectly right when he contends that the power of reference is a limited power extendd the ambit of .....
Tag this Judgment!Court : Mumbai
Reported in : (1956)58BOMLR365
..... to exist, no question could arise of any goods being passed through it or being trimmed or carried through it.17. the term 'trim' is not defined either in the act or in the regulations, but mr. boovariwala has invited our attention to the definition of 'trimming' as contained in the oxford dictionary. the definition is:,trim' means to ..... to the covered hatch would not mean that the hatch which was covered was used for the passage of goods. as i just pointed out, it would be an act preliminary or preparatory to the process of passage. the point in short is that the hatch through which the goods pass in the process of being discharged out of ..... with having committed an offence under regulation 5 read with regulations 50 and 51 of the indian dock labourers regulations, 1948, framed under section 5 of the indian dock labourers act, 1934.2. a short but an interesting question which has arisen in this ease is one of construction of regulations 50 and 51 of the indian dock labourers regulations, .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1956Bom432; 1956CriLJ731
..... wife to maintain herself in the year 1952. the learned magistrate accepted it as reasonable and increased the maintenance to rs. 15/-per month taking into consideration the husband's income.3. the husband then went to the learned sessions judge in revision and the learned sessions judge said that before an order for enhancement of maintenance could be made under ..... did not believe this because he said that in the case of a medical practitioner, even though he be a vaidya, with experience his pecuniary gain increases. what the actual income of the husband was is a matter for the learned magistrate to determine. there are no materials whatsoever from which i can say that the learned magistrate was wrong,6 .....
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