Court : Delhi
Reported in : [1973]92ITR312(Delhi)
..... said this :'the matter has been carefully examined. however, in view of the provisions of sections 240 and 244(1) read with section 297(2)(i) of the income-tax act, 1961, it is not possible to agree to your request for the grant of interest on the amount of refund for the period from march, 1957, to december, 1966, ..... and 7:7. first of all it has to be determined whether the indian income-tax act of 1922 (referred to hereinafter as the old act) or the income-tax act, 1961 (referred to hereinafter as the present act), applied to the facts of this case.8. under the old act it was provided in section 66 that a reference may be made to the ..... plaintiffs entitled to have any interest on the sum refunded to them on account of income-tax and/or excess profits tax ? (6) whether the claim of the plaintiffs in the suit is governed by the provisions of the income-tax act, 1961, or under the provisions of the indian income-tax act, 1922 ? (7) whether the plaintiffs are entitled to recover any amount from .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi28
..... the decisions cited on behalf of the petitioner. i would only briefly ntoice them. gopiram v addl. income-tax officer, : [1959]37itr493(cal) lays down that under o.5, r.17, code of civil procedure, read with s.63, income-tax act, the mere fact, that the serving officer went to the defendant's address and found him absent is ..... . there was accordingly no sufficient cause for setting aside the exparte decree. after so holding the executing court also observed that under art.164 of the indian limited act, the petition was barred by time. for these reasons, the objections were dismissed on 26-3-1962. (4). on appeal, the learned additional district judge affirmed ..... this application, ntoice was issued to the judgment-debtor and the judgment debtor applied on 16-5-1961 for settling aside. the exparte decree. an application was also made on 20-5-1961 for staying execution proceedings pending the decision of the application for setting aside the exparte decree and in the proceeding for setting aside .....
Tag this Judgment!Court : Delhi
Reported in : 3(1967)DLT672
..... secondly, the agreement of exchange was a contingent contract dependent upon the sanction by the custodian of evacuee property in india and pakistan and the obtaining of income-tax clearance certificates by the respective parties; thirdly, seth ram gopal goverhhan dass mohatta had nto complied with his obligations under the agreement dated 26th july. 1948; ..... 26th july, 1948, with which we are concerned is'* * * * * * gopal market' and is stated to belong to seth ram gopal goverdhan das mohatta, who acted in this transaction through seth shiv rattan mohatta. the agreement contains inter alia, the following material terms: - (1)that each party will make out a clear marketable and ..... was contended that there ought to be implied in the agreement with the respondent a term to the effect that the appellants would nto without just cause so act as to prevent him from earning his commission. viscount simon, l. c. has in his opinion pointed out the difficulties in trying to formulate genera) .....
Tag this Judgment!Court : Delhi
Reported in : [1968]68ITR770(Delhi)
..... that appeal on august 17, 1960. there after, the appellate tribunal submitted the supplementary statement called for, on march, 18, 1961. on receipt of the supplementary statement, the case was numbered as income-tax reference no. 7 of 1961.the facts material for the purpose of answering the question submitted to this court are these : the assessed is a firm consisting ..... this is reference under section 66(1) of the indian income-tax act, 1922 (to be hereinafter referred to as &quto;the act&quto;). the question of law, referred for the opinion of this court, is :&quto;whether, on the facts and circumstances of the case, the profits and gains in ..... the government made the payments in the prescribed manner, i.e., by cheques, it fulfillled its engagement and such payment would, under section 50 of the indian contract act, operate as a discharge of the contract. it should also be remembered that the assessed sent its formal stamped receipts only after the receipt of the cheques and nto .....
Tag this Judgment!Court : Delhi
Reported in : AIR1967Delhi75
..... a subsequent year.'4. since we are concerned with the assessment year 1951-52, the reference has to be answered in the light of section 24(2) of the indian income tax act, 1922 as in existence at that time. section 24(2) at the material time read -'where any assessed sustains a loss of profits or gains in any year, being a ..... tribunal has sought to distinguish the decision of the gujarat high court in the case of sita ram mtoi ram jain v. commissioner of income tax : [1961]43itr405(guj) on that ground.6. considerable arguments have been addressed at the bar about the tests to be adopted in determining whether the two business are the same or ..... there was one and one activity alone, namely, dealing in liquor in all the three years.14. in spite of the observations of the learned members of the tribunal that : [1961]43itr405(guj) dealt with the law as amended in 1955. i still consider the ratio of the decision applicable to this case for deciding the controversy. in that case, it .....
Tag this Judgment!Court : Delhi
Reported in : [1967]66ITR341(Delhi)
..... year.&quto; since we are concerned with the assessment year 1951-52, the reference has to be answered in the light of section 24(2) of the indian income-tax act, 1922, as in existence at that time. section 24(2) at the material time read :&quto;where any assessed sustains a loss of profits or gains in any ..... &quto;whether two or more lines of business may be regarded as the same business or different businesses depends nto upon the special methods prescribed by the income-tax act for computation of the taxable income, but upon the nature of the businesses, the nature of their organisation, management, source of the capital fund utilised, method of book-keeping and a ..... and the demand is made on the partners individually. slight change was introduced in 1956 by the finance act, 1956, schedule i, part d, which has no bearing on the present controversy, inasmuch as the change was to levy income-tax at special low rates on a registered firm also. by virtue of the provision section 16(1) (b .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi283
..... company reminded the corporation about payment of rs. 300 on account of audit fee for the year ending 30-9-1958 and of rs. 100 on account of income-tax representation fee for the assessment year 1958-59. on 16-3-1959, the company required further clarification from the corporation in regard to their accounts, the audit ..... enquiry; because the council was prima facie of opinion that shri batraa was guilty of professional or toher misconduct. the disciplinary committee held its sitting in january, 1961 at new delhi and after examining a number of witnesses, recorded its report the findings where of were summarised in the following words:- 'the respondent's ..... air1937all506 it was observed that man's professional reputation is as valuable as a trader's financial reputation it being added that proceedings under s. 13, legal practitioners act though nto described as a prosecution., are something very akin to a prosecution. in emperor v. surjya narayan singh. air 1920 pat 84, a full bench of .....
Tag this Judgment!Court : Delhi
Reported in : [1968]68ITR79(Delhi)
..... be treated as deductible expenses is complicated by the question whether they are to be treated as deductible expenses is complicated by the special provisions of the income-tax acts, which lay down certain categories of expenditure which are nto deductible. but looking at the matter from the broader point of view, on the question whether ..... the aforesaid sum of rs. 33,150 paid by way of premium under the aforesaid policy is deductible under the provisions of section 10(2) (xv) of the indian income-tax act, 1922 ?&quto;the material facts of the case are these : messrs. meattles limited, delhi, is a private limited company. shri. b. d. meattle, the governing ..... to. that decision is also of no assistance for our present purpose.lastly, our attention was invited to the decision of the supreme court in commissioner of income-tax v. royal calcutta turf club. therein, the supreme court laid down that &quto;any expenditure which was incurred for preventing the extinction of the assesseds business .....
Tag this Judgment!Court : Delhi
Reported in : [1968]67ITR393(Delhi)
..... taken by mr. sharma, learned counsel for the petitioner, is that as in this petition the petitioner is challenging the virus of section 132 (5) of the income-tax act, 1961, the central government is a necessary party to such a proceeding. we have now to see whether that contention can be upheld. our attention has nto been drawn ..... of or making use of the files, documents and toher papers and money seized during the said search and seizure effected under the provisions of section 132 of the income-tax act, 1961, and under the warrant of authorisation issued there under or, from making any assessment on the petitioner on the basis of the said files, documents and papers and ..... legality thereof quash and set aside the said order being the order dated the 6th october, 1966, passed by the second respondent under section 132 (5) of the income-tax act, 1961, and order the respondents to return the said sum with interest as prayed for in sub-paragraph (a) above;(c) to issue a writ in the nature of .....
Tag this Judgment!Court : Delhi
Reported in : AIR1968Delhi43
..... the partners was then assessed separately in accordance with clause (a) of sub-section (5) of section 23 of the indian income tax act, 1922, (hereinafter referred to as the said act). banarsidass's income was determined at rs.9,352 and that of phool chand at rs.18,105. these amounts included their share of profit in the firm. it is alleged in ..... while his brtoher phool chand had -/4/- share in profits of the firm. the remaining -/1/- was being set apart for charity. the firm was registered under the indian income tax act, 1922 for the relevant assessment year.the assessment of the firm was completed for the said year on 5th august, 1946 and ..... nto been challenged before us and i need nto dilate upon the same.the learned single judge, however, rejected the writ petition by his order dated the 29th december, 1961 on the short ground that the assessed had an alternative legal remedy. the learned judge drew distinction between cases in which an assessed moves the high court under article 226 .....
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