Court : Kerala
Reported in : [1962]45ITR401(Ker)
..... six months and shall also be liable to fine.'the above provisions are identical with section 54(1) and (2) of the indian income-tax act, 1922, which may be referred to as the 'income-tax act', and the law as declared or interpreted under the latter enactment is helpful in deciding this petition. it is well settled under section ..... petition no. 602 of 1959 has only to be dismissed.though the consensus of judicial opinion is that the privilege under section 54(1) of the income-tax act is that of an assessee and can therefore be waived by him, the learned counsel for the third respondent contended that such privilege can only be with ..... books which was impeached by attempting to prove that they had been produced earlier before the income-tax officer in assessment proceedings against him under the madras plantations agricultural income-tax act, 1955 (v of 1955), which may be referred to hereafter as the 'act'. there was no reference in the assessment order, exhibit p-1, dated december 31, .....
Tag this Judgment!Court : Kerala
Reported in : [1961]42ITR528(Ker)
..... to the assessee it should be excluded as an admissible allowance under section 10(2)(xv) of the act.sub-section (1) of section 10 of the indian income-tax act, 1922, provides that income-tax shall be payable by an assessee under the head 'profits and gains of any business, profession or ..... m. s. menon, j. - this is a reference by the income-tax appellate tribunal, madras bench 'a', under section 66(1) of the indian income-tax act, 1922. the questions referred are :'(1) whether, on the facts and circumstances of the case, the payment ..... as the most authoritative statement on the point'. the passage was quoted with approval by the supreme court in eastern investments ltd. v. commissioner of income-tax.in scammell and nephew ltd. v. rowles greene, m.r., said : 'the termination of a trading relationship in order to avoid losses occurring ..... forwarded to the appellate tribunal as provided by sub-section (5) of section 66 of the indian income-tax act, 1922.questions answered in the affirmative. .....
Tag this Judgment!Court : Kerala
Reported in : [1962]45ITR47(Ker)
..... 30, 1951, corresponding to the assessment year 1952-53 was completed on february 28, 1953, under section 23(3) of the income-tax act. its total income was determined at rs. 1,87,694. the tax determined was rs. 81,529-10-0. the assessee was given credit for a sum of rs. 1,532-5-0 representing ..... the high court held :'the payment job interest by the central government under section 18a(5) of the income-tax act on tax paid in advance was neither a relief under the act nor attributable to income, profits or gains chargeable to income-tax, and that though any excess payment of such interest could be recovered under section 35 it could not ..... m. s. menon j. - this is a reference by the income-tax officer appellate tribunal, madras, at the instance of the commissioner of income-tax, coimbatore, under section 66(1) of the indian income-tax act, 1922. the question referred is :'whether the proceedings under section 34 to recover the excess interest allowed in the original assessment under section 18 .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker289
..... no waiver by him of his fundamental right. 3. the learned counsel for the petitioner invited my attention to a few decided cases, but only busheshar math v. commissioner of income-tax, delhi and rajasthan, air 1939.sc 149, has dealt with the subject of waiver of a fundamental right. in the above case, the question arose in relation to the right ..... permit was granted to him was not constitutionally valid? having derived all the benefit from the permit granted to him, is it open to him to say that the very act under which 'a permit was granted to him is not valid in law?' his lordship was of the view, that startling results would follow if it is decided, that a .....
Tag this Judgment!Court : Kerala
Reported in : [1963]47ITR122(Ker)
..... the notice. the period, standing by itself, means nothing. dealing with period of 30 days prescribed by section 22(2) of the indian income-tax act, 1922, chagla c.j. in commissioner of income-tax v. ramsukh motilal treated it as but qualifying the three requirements in the notice, which were stated to be the requirements to make a ..... 1956-57 and 1957-58 will be reopened and fresh assessments made under section 35 of the agricultural income-tax act, 1950, which may be referred to briefly as the 'act'. the petitioner took no action pursuant to the notice. the agricultural income-tax office made a reassessment by order, exhibit p-3, on march 10, 1959. a notice of ..... last chance, as it were, to make a return of his income before proceeding against him by way of reassessment. in commissioner of income-tax v. mahaliram ramjidas too the assess had furnished a return of his income under section 22(2) of the indian income-tax act, 1922, for the original assessment and the notice issued under section .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker138
..... raised, would have been an agriculturist but for the fact that in the year ending 1951-52, 1952-53 or 1953-54, he had been assessed to income-tax (central act xi of 1922), it shall be conclusively presumed that, in refrainingfrom instituting the suit or making the application, the creditor believed in good faith that such defendant ..... suit or making the application, shall be excluded. explanation: 'good faith' shall have the meaning assigned to it in section 3 (22) of the general clauses act, 1897 (central act x of 1897). (2) where in a suit or an application in which the question of the exclusion of time under sub-section (1) arises, the ..... refers to all further proceedings in suits and applications of the nature mentioned in section 3. section 4 thus contemplates 'further proceedings' after the commencement of the act.in referring to suits and applications, the provision is 'suits and applications of the nature mentioned in section 3' and not suits and applications instituted or made .....
Tag this Judgment!Court : Kerala
Reported in : [1961]12STC272(Ker)
..... the higher authorities may know the grounds, on which the assessment has been based. as regards the first duty, we need only quote the following passage in commissioner of income-tax v. laxminarain badridas [1937] 5 i.t.r. 170 at p. 180:the officer is to make an assessment to the best of his judgment against a person ..... who is in default as regards supplying information. he must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. he must make what he honestly believes to be a fair estimate of the proper figure ..... the accounts and his persistent failures. the order then says that the officer has determined the net turnover to the best of his judgment; and, thereafter, amount for the tax is mentioned. we arc convinced about the petitioner's conducts in both the cases not being satisfactory ; and, therefore, we would not allow costs for these writ petitions. .....
Tag this Judgment!Court : Kerala
Reported in : AIR1961Ker210
..... before the law, though the state could thereunder select between one estate and another, such selection being based on compensations to the proprietors according to their incomes from the estate.the income-tax act and its procedure came under challenge in bidi supply co. v. union of india, 1956 scr 267: ((s) air 1956 sc 479) and what ..... was impugned in that case held to be discriminatory, because the income-tax authorities by an executive order, unsupported by law, picked out the petitioner and transferred all his ..... his highness the maharaja, which was issued on february 11, 1910.17. under it all institutions falling into one group were to have common accounts for their incomes and expenditures and the surplus, if any, after meeting the annual expenditures was to be credited to the particular group. in particular the diwan was, by section .....
Tag this Judgment!Court : Kerala
Reported in : [1961]12STC519(Ker)
..... tribunal.12. the tribunal has held rubber to be a produce for two reasons. one is that though the aforesaid term has not been defined by the madras general sales tax act, yet the madras plantations agricultural income-tax act, 1955, in defining what is agricultural income included that from rubber as well by second explanation to section 2 (2) (ii) which reads as follows :-agricultural ..... income derived from such plantation by the cultivation of coffee, rubber, cinchona or cardamom means that portion of the income derived from the cultivation, manufacture and sale of coffee, rubber, cinchona, or cardamom .....
Tag this Judgment!Court : Kerala
Reported in : AIR1962Ker267
..... remembered that this power is vested not to minor officials but into top-ranking authorises like the commissioner of income-tax and the central board of revenue who act on the information supplied to them by the income-tax officers concerned. this power is discretionary and not necessarily discriminatory and abuse of power cannot be easily assumed where ..... union of india, (s) air 1957 sc 397. no doubt, the preamble to the income-tax apt did not give much of an assistance, but their lordships gathered the object and purpose of the act from the various provisions contained in the act,127. again, the observation of mr. justice gajendragadkar, that i have extracted earlier, will ..... chandra ayyar in the decision reported in sajjan bank ltd. v. reserve bank of india, 1959-2 mad lj 455: (air 1961 mad 8). the provisions or section 22 of the banking companies act relating to licensing of banking companies were challenged before the learned judge as being opposed to article 19(1) of the constitution, .....
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