Court : Madhya Pradesh
Reported in : AIR1959MP195
..... . the classification was held to be reasonable but the validity of section 5(i) was not upheld as there were overlapping provisions in section 34 of the income-tax act under which also the evaders could be dealt with.actually, in thangal kunju musaliar v. venkatachalam potti, (s) air 1956 sc 246, the classification was ..... upheld in the context of travancore taxation on income (investigation commission) act, as the provision did not overlap with the income-tax act. there the reference of cases of evaders to the commission was held valid. these decisions do not help the petitioner as the ..... 4) were considered to be discriminatory and thus invalid.the ground on which these decisions proceeded was that all evaders of income-tax could be dealt with under section 34 of the indian income-tax act but only some of them were picked up to be dealt with by the investigation commission by a procedure which was drastic .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1967MP34; [1967]63ITR689(MP)
..... income-tax act, 1922, having been repealed by the income-tax act, 1961, there could be no amendment of the repealed act and, therefore, the 1962 order purporting to amend the indian income-tax act, 1922, was invalid, is altogether unsubstantial. a repealed act cannot, of course, be amended unless it is first revived. but by section 297 of the income-tax act, 1961, the indian income-tax act ..... -order purported to amend substantially the indian income-tax act, 1922; that section 6 of the 1949-act did not empower the government so to amend or alter the provisions of the indian income-tax act, 1922; that the indian income-tax act, 1922, having been repealed by the income-tax act, 1961, did not exist at the time when ..... order the past assessments of such persons may at the best be re-opened under section 147(b) of income-tax act 1961 (corresponding to old section 34(b) of income-lax act 1922) in respect of only the last four assessment years and the earlier assessment years will remain final. by .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2006]283ITR361(MP)
..... of the assessee under sections 256(1) of the income-tax act, 1961, by the tribunal by an order passed in r.a. no. 83/85/ind/97, dated november 13, 1999, which in turn arise out of an order passed by the tribunal on may 23, 1997, in interest-tax appeals nos. 1 and 2/ind/91 to answer ..... finding having been recorded by the commissioner which alone was called for and/or necessary for invoking the jurisdiction under sections 19 of the interest-tax act (akin to section 263 of the income-tax act), the assessment order passed by the assessing officer came to be set aside, giving rise to making of this reference at the instance of ..... by the assessing officer. this fact cannot be ignored that the assessment orders under the income-tax act and under the interest-tax act for the assessment year 1986-87 were passed by the same assessing officer, mr. swatantrakumar. in the assessment order under the income-tax act the claim of the assessee was rejected, but in the assessment order under the interest .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2005(3)MPHT220
..... a collective name of individuals carrying on business in partnership and the merchantile uses which recognises the firm as a distinct person or quasi corporation. but under the income-tax act the position is somewhat different. a firm can be charged as a distinct assemble entity as distinct from its partners who can also be assessed individually. section ..... law can not be taken in applying the law of income-tax. the true question to decide is one of identity of the unit assessed under the income-tax. the true question to decide is one of identity of the unit assessed under the income-tax act, 1918 which paid double tax in the year 1939, with the unit to whose business ..... 3 which is the charging section is in these terms :'where any central act enacts that income-tax shall be charged for any year at any rates .... tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1970]77ITR990(MP); 1970MPLJ573
..... ,2. the question referred to this court for decision is:' whether, on the facts and in the circumstances of the case, the income-tax authorities were justified in imposing a penalty on the assessee under section 28(1)(c) of the income-tax act ?'3. the facts are in a narrow compass and may shortly be stated as follows :the assessee is an individual. the ..... there has been concealment of such income. it has been further added that the supreme court has not reversed or disapproved of the principle laid down by the bombay high court in gokuldas's case in the case of c. a. abraham, [1961] 41 i.t.r. 425 (s.c.) or in any of the later rulings of the supreme court. the ..... gujarat high court expressly dissented from the allahabad decision in lalchand copal das's case as also from a similar decision of the madras high court in p. k. kalasami nadar v. commissioner of income-tax, [1962] 46 i.t .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1989)79CTR(MP)136; [1990]181ITR180(MP)
g.g. sohani, actg. c.j. 1. by this reference under section 256(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), the income-tax appellate tribunal, indore bench, has referred the following question of law to this court for its opinion :'whether, on the facts and in the circumstances of ..... for the assessment years in question, the husband of the assessee was employed by the firm as a salesman. while framing the assessment of the assessee, the income-tax officer disallowed the amount of salary paid by the firm to the husband of the assessee on the ground that he did not possess any technical or professional qualifications ..... findings, the conditions requisite for the applicability of the proviso to clause (ii) of section 64(1) of the act are satisfied and the income of the spouse of the assessee could not be clubbed with the income of the assessee. the words 'technical or professional qualifications' occurring in the aforesaid proviso cannot be construed to mean obtaining .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP9; 1968MPLJ739
..... bholaram, for the years 1956-57, 1957-58, 1958-59 and 1959-60 respectively are liable to be included in the total income of the assessee under section 16 (3) (a) (ii) of the indian income-tax act, 1922? '2. the material facts are that the assessee badrilal, his three major sons and a minor son sureshchandra constituted a ..... dixit, c.j.1. this consolidated reference under section 66(1) of the indian income-tax act, 1922, by the income-tax appellate tribunal at the instance of the commissioner of income-tax arises out of the tribunal's common order disposing of the assessee's appeals for the assessment years 1956-57, 1957-58, 1958-59 and ..... the capital amount standing to his credit as also interest on accumulated profits were included in the total income of the assessee badrilal. this inclusion was made by the income-tax officer under section 16 (3) (a) (ii) of the act.4. the assessee then preferred appeals before the appellate assistant commissioner questioning the correctness of the decision .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1979)11CTR(MP)184; [1979]119ITR439(MP); 1979MPLJ541
..... reads as follows :'139. return of income.--(1) every person, if his total income or the total income of any other person in respect of which he is assessable under this act during the previous year exceeded the maximum amount which is not chargeable to income-tax, shall furnish a return of his income or the income of such other person during the previous ..... in so far as the petitioner is made liable for payment of interest under clause (iii)(a) of the proviso to section 139(1) of the i.t. act, 1961.2. the sole contention raised by the learned counsel for the petitioner before us is that the aforesaid provision in so far as it requires a registered firm to ..... as follows (p. 118);' according to that provision when the person liable to penalty is a registered firm then notwithstanding anything contained in the other provisions of the act of 1961, the penalty imposable under sub-section (1) shall be the same amount as would be imposable on that firm if that firm were an unregistered firm. it is .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1999]235ITR398(MP)
..... referred the following question for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal correctly construed section 43b of the income-tax act, 1961, that when under the provisions of the relevant statute the sales tax though fallen due in the accounting year but was payable after the close of the accounting year it was not open to the ..... firm paid the amount within 30 days after the close of the accounting year as permitted by the sales tax act and claimed deduction in the assessment year 1985-86. this was disallowed by the income-tax officer on the strength of section 43b of the act and was confirmed by the appellate assistant commissioner in appeal also.3. the assessee thereafter took appeal before .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1986)51CTR(MP)146; [1986]162ITR93(MP)
..... apparel and furniture, but excluding jewellery) held for personal use by the assessee or any member of his family dependent on him.' 10. section 2(47) of the income-tax act, 1961, is as follows :' transfer ', in relation to a capital asset, includes the sale, exchangeor relinquishment of the asset or the extinguishment of any rights thereinor the compulsory ..... any cost in terms of money for acquiring the said property, looking into the history of the ratlam state, and consequently the provisions of section 45 of the income-tax act, 1961, are not attracted because section 45 uses the words ' any profits or gains '. obviously this is not a case of profits. so far as gains are ..... the submission made by learned counsel for the revenue that in such a case as the present one, according to the provisions of section 55 of the income-tax act, 1961, where cost cannot be ascertained, the fair market price has to be taken into consideration because the very basis of capital gains to us appears to be .....
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