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Salomon Vs. State Tax Commission

Court : US Supreme Court

..... the expense of the life tenant. matter of brez's estate, 172 n.y. 609. for under this provision, the life tenant lost the income on the full amount deducted to ensure payment of the tax on the contingent remainder, and the remainderman received from the state, with interest, such part thereof as proved not to be required for the ultimate ..... , by the remittitur, it became the judgment of the surrogate's court. that judgment is final within the meaning of 237(a) of the judicial code, as amended by the act of february 13, 1925, c. 229, 43 stat. 937. compare wheeler v. sohmer, 233 u. s. 434 ; watson v. state comptroller, 254 u. s. 122 . page 278 u. s ..... life tenant was afforded by chapter 800 of the laws of 1911. but it was not until the act of 1925, here challenged, provided for appraisal of the remainder as stated that the legislature succeeded in devising a means of laying the tax which operated justly as between life tenant and remaindermen and safeguarded the state's revenues. first. the .....

Frost Vs. Corporate Commission of Oklahoma

Court : US Supreme Court

..... has been recognized repeatedly. congress gave its sanction to the stock type of cooperative by the capper-volstead act, and also by specifically exempting stock as well as nonstock cooperatives from income taxes. state legislatures recognized the fundamental similarity of the two types of cooperation by unifying their laws so as ..... the distinction between agricultural stock cooperative corporations and ordinary business corporations also by providing in the revenue act of 1926, c. 27, part iii, 231 (44 stat. 9), that exemption from the income tax was not to be denied "any such cooperative association because it has capital stock if the ..... of this legislation are significant: "that persons engaged in the production of agricultural products as farmers, planters, ranchmen, dairymen, nut or fruit growers may act together in associations, corporate or otherwise, with or without capital stock in collectively processing, preparing for market, handling, and marketing in interstate and foreign .....

In Re: Shiva Pershad Gupta

Court : Allahabad

Reported in : 124Ind.Cas.467

..... debt becoming irrecoverable in that particular year. this is a perfectly fair and equitable position and is not in any way discountenanced by section 13 of the income-tax act. section 13 of the income-tax act is a very fair section, if properly understood. it says that when an assessee keeps his accounts in a particular way in order to ascertain his ..... his books, the losses that he has suffered, also according to his books. the balance is a net 'book income.' under section 13 of the income-tax act this net 'book income' may be accepted by the income-tax officer as a fair estimate of the merchant's income. the reason will be two-fold. the merchant himself uses this method of ascertaining his own ..... to send back the case to him to make fresh 'statement' in the case. in view of this contention, have considered section 66 of the indian income tax act carefully. i am unable to find any warrant in it for the extreme contention of the learned government advocate. it appears to me that the section is .....

Shiva Prasad Gupta Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : AIR1929All819

..... particular debt becoming irrecoverable in that particular year. this is a perfectly fair and equitable position and is not in any way discountenanced by section 13, income-tax act. section 13, income-tax act is a very fair section if properly understood. it says that when an assessee keeps his accounts in a particular way in order to ascertain his ..... books, the losses that he has suffered, also according to his books. the balance is a net 'book income.' under section 13, income-tax act, this net 'book income' may be accepted by the income-tax officer as a fair estimate of the merchant's income. the reason will be two-fold. the merchant himself uses this method of ascertaining his own ..... of course, the issues would all be on the question of law.14. this being my reading of the provisions of section 66, income-tax act, i find that the only controversy that does arise between the income-tax authority on the one hand and the assessee on the other, is:is the assessee is entitled to deduct from his .....

The Corporation of Madras Vs. Spencer and Co., Ltd.

Court : Chennai

Reported in : AIR1930Mad55; 121Ind.Cas.849; (1929)57MLJ71

..... first place is that the fees fixed for licences for what are called dangerous and offensive trades which are leviable under the provisions of the act are revenue in the same sense as the taxes which the council is empowered to levy. when there is a question of what is the power of taxation conferred by government on a public ..... and raised. accordingly the fee was raised from rs. 25 to rs. 200. can it be said that this alteration was made reasonably? taking it that the fee income must be more or less proportionate to the trouble and expense incurred by the corporation in issuing licences and in controlling trades and other matters for which licences are issued ..... , the reason at the bottom of the resolution of the council is clearly not in accordance with the spirit of the act. the fee was not raised because of the expense of collection or regulation but was merely a counter-demonstration to the order of government refusing to allow the corporation .....

S.V.L.L. Lakshmanan Chettiar Vs. the Commissioner of Income-tax

Court : Chennai

Reported in : AIR1929Mad675; 122Ind.Cas.510; (1929)57MLJ60

..... added to the principal is to be treated as a fresh deposit. in o.p. no. 129 of 1928, t.p. pethaperumal chettiar v. commissioner of income-tax, which was a reference under the income-tax act, coutts trotter, c.j., beasley and mackay, jj., were of opinion that under a loan of tavanai contract where at the close of each period the ..... interest though it was not actually paid in cash.3. the next question is whether he received it in british india within the meaning of section 4 of the income-tax act. under section 4 profits and gains of a business accruing or arising without british india to a person resident in british india shall, if they are received in ..... overruled but on the request of the petitioner the following question was referred to us for decision:whether the sum of rs. 5,578 can be taxed under section 4 of the income-tax act as income accruing or arising or received in british india during the year of account, akshaya.2. it was asserted by the petitioner during the enquiry before the .....

Sir Gulam Muhammad Ali Sahib Bahadur Khan Bahadur Vs. the Corporation ...

Court : Chennai

Reported in : (1929)57MLJ536

..... persons specified in the taxation rules in schudle iv shall pay by way of license-fee and in addition to any ulhcr license-fee that may be leviable under this act a tax as determined under the said rules.3. the intention of the section seems clear enough. any person engaged in the active pursuit of a profession, art, trade or ..... the collector and pay it. having regard to the difference between the procedure prescribed for making and publishing the rates according to the english acts and that prescribed for the assessment of property tax under the city municipal act, the appellant not having been assessed at all in respect of the previous back years before 15th september, 1926, there were no ..... of current income. the present case in which the appellant was called upon to pa)' in addition to the tax for the current half-year a sum of rs. 4,600 and odd on account of 11 half-years' arrears is a good illustration. we can find no justification for this either in the express terms of the act or in .....

Sir Gulam Mohammad Ali Sahib Bahadur Vs. the Corporation of Madras

Court : Chennai

Reported in : AIR1930Mad200; 122Ind.Cas.360

..... or holding any appointment, is liable to pay profession tax, if the income he enjoys therefrom brings him within any of the clauses specified in the schedule. if and when he retires, he ceases to be liable. 8o far, however, as the ..... persons specified in the taxation rules in schedule iv, shall pay by way of licence fee and in addition to any other licence fee that may be leviable under this act, a tax as determined under the said rules.3. the intention of the section seems clear enough. any person engaged in the active pursuit of a profession, art, trade or calling ..... out of current income. the present case in which the appellant was called upon to pay, in addition to the tax for the current half-year a sum of rs. 4,600 and odd on account of 11 half-years' arrears is a good illustration. we can find no justification for this either in the express terms of the act or in any .....

Narayan Manjanna Shanbhog and ors. Vs. the Secretary of State for Indi ...

Court : Mumbai

Reported in : 122Ind.Cas.51

..... and not when you are delivering judgment.10. further in framing those charges the collector framed a charge against the tindal under section 159 of the sea customs act punishable under section 167 (63) and (70); and he also charged kantappa with aiding and abetting this and thereby making himself liable to penalty under section 167 ..... to the government of india act. but what we are entitled to see is that the principles of natural justice have been carried out and provided that is done by the revenue authorities, ..... the decision of the first class subordinate judge at karwar. the question arises about a machwa which. was confiscated by the customs authorities under the sea customs act. appeals do not lie to the high court from the decision of the customs authorities. this court, speaking generally, has no jurisdiction in revenue matters having regard .....

V.R.S.A.R. Arunaohalam Chettiar Vs. the Commissioner of Income-tax

Court : Chennai

Reported in : 122Ind.Cas.793

..... have referred to we cannot in a fiscal enactment where the language is clear go beyond the plain meaning of the section. it is very probable that in the income tax act of 1922 the legislature by oversight or owing to bad draftsmanship omitted to prescribe for cases where there has been a partition in an undivided family, but it ..... therefore, correct to say that in the case of foreign firms whose profits are brought into british india and taxable under section 4 (2) the other provisions of the income tax act are inapplicable.10. the next question is whether in the case of partition of an undivided family, the members of which are carrying on business, section 26 applies, where ..... that as the moneys were received by him as a member of the joint family he could not be taxed, and it is the joint family that should be taxed and not the assessee individually, that under section 14 of the income tax act he is not liable to assessment, that the fact that the joint family ceased to exist during the .....