Court : Punjab and Haryana
Reported in : AIR1953P& H113; [1952]22ITR410(P& H)
..... this was dismissed and an appeal was taken to the appellate assistant commissioner, income-tax. he dismissed the appeal on 17-3-1952 but remarked in the course of ..... income-tax officer found the net income to be rs. 7,62,363/- and imposed a tax of rs. 3,33,533/13/-. he acted under section 23 (4), income-tax act. notice for demand for this sum was sent on 6-10-1951 but the petitioners made an application to the income-tax officer under section 27, income-tax act for cancellation of the assessment. on 17-11-1961 ..... with very great respect i am unable to agree with the rule laid down by the learned judge because when exercising his discretion under section 45, income-tax act the income-tax officer has not to look to the correctness of his own order of assessment. there are other considerations which have to be seen at the time .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H137
..... and therefore when the facts are disputed this court would not exercise its jurisdiction. reliance was placed on the observations of lush, j., in -- 'king v. bloomsbury income-tax commissioners,' (1915) 3 k. b. 768, at page 798 :'but if the ground is one which requires serious investigation and is not the result of an obvious ..... any person or authority, including in appropriate cases any government, directions, orders or writs etc. this goes beyond the provisions of section 45 of the specific relief act where no 'mandamus' could issue to the secretary of state, or the central government or the state government. the advocate-general referred to a judgment of the ..... in violation of the principles of natural justice, or refuse to exercise jurisdiction vested in them, or there is an error apparent on the face of the record, and such act, omission, error, or excess has resulted in manifest injustice;' (2) in -- 'parry and co ltd. v. commercial employees association', 1952 s c a 299, mukherjea .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1953]23ITR371(P& H)
..... , and was formally served on the commissioner on the 20th september, 1950.on the 16th novermber 1950, the commissioner submitted an application under section 66(1) of the income-tax act in which he asked the appellate tribunal to refer to the high court certain questions of law arising out of an order under sub-section (4) of section 33, ..... purchase of shares made by the assessee in the circumstances found by the tribunal do not constitute a carrying on of business as defined in section 2(4) of the income-tax act ?on the 31st march, 1951, the tribunal dismissed commissioners application on the ground that it was barred by time. the commissioner had applied to this court under sub ..... in this cases it would be desirable to ascertain who the real respondent is when an appeal is filed by an assessee under section 33(1) of the income-tax act.ordinarily a government servant or other agent of government who recovers a sum of money on behalf of government in excess of the amount due to it, cannot .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H213
..... respectable and respected citizen of delhi; that it was impossible for the defendant to believe that the plaintiff, who was paying a large sum of money by way of income-tax and who was the owner of a considerable amount of landed property, could, have stooped so low as to steal a few bricks belonging to the defendant; that ..... appropriated material belonging to the defendant to his own use. it must, therefore, be held that in preferring the charge of theft against the plaintiff, the defendant acted maliciously and without a reasonable and probable cause.9. in cases of this kind when the plaintiff is able to establish that there was no reasonable and probable cause ..... section 5. he, therefore, brought an action for malicious prosecution. it was held that the conviction was no bar to an action for malicious prosecution under section 4 of the act. in --'palmer v. birmingham manufacturing co', (1902) 18 t. l. r. 552 (p), the plaintiff having been indicted in one count with having stolen a number .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1953]23ITR134(P& H)
..... said on the facts the case is on all fours with the present the law applicable to that case was not identical with the indian income-tax act. the scheme of the canadian act, namely the income war tax act, 1927, so far as allowances or deductions were concerned, was to prohibit certain deductions. so far as is material to the case the ..... the expenditure in respect of which allowance is claimed was not in the nature of capital expenditure for sub-clause (xv) of section 10(2) of the indian income-tax act so requires. although the privy council decided the montreal coke co.s case on the first point their statement that they in no way dissent from the view ..... the debenture-holders on redemption of the debentures was an expenditure laid out for the purpose of the business as contemplated in section 10(2)(xv) of the indian income-tax act, 1922 ?'mr. sethi for the assessee has urged that the payment of bonus was payment of interest falling within section 10(2)(iii). apart from the circumstance that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H180; [1953]23CompCas47(P& H)
..... desirable and necessary to impose an additional tax. the fact, that the excess profits tax act is a different act from the income-tax act, does not by itself therefore make the tax any the less a tax on income'.15. excess profits tax being a tax on income the question is whether on a true construction of the managing ..... ., said in -- '47 bom l. r. 774 (c)':'it seems to me that the legislature, instead of amending very largely the income-tax act and embodying the provisions of the excess profits tax act therein found it more convenient to enact a separate piece of legislation to deal with the particular set of circumstances under which it was considered ..... the point, -- 'walchand & co. ltd. v. hindustan construction co. ltd.', air 1944 bom 5 (a), did not arise on a reference under the indian income-tax act, a division bench of this court has referred for decision to the pull bench the question of law stated above.7. clearly, the answer to the question referred .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1953]23ITR167(P& H)
..... considered desirable and necessary to impose an additional tax. the fact that the excess profits tax act is a different act from the income-tax act does not by itself therefore make the tax any the less a tax on income.'excess profits tax being a tax on income the question is whether on a true construction of the managing agency ..... james finlay & co. ltd. v. finlay mills ltd. :-'it seems to me that the legislature, instead of amending every largely the income-tax act and embodying the provisions of the excess profits tax act therein, found it more convenient to enact a separate piece of legislation to deal with the particular set of circumstances under which it was ..... point, walchand & co. ltd. v. hindustan construction co. ltd., [1944] 12 i.t.r.104 did not arise on a reference under the indian income-tax act, a division bench of this court has referred for decision to the full bench the question stated above. clearly, the answer to the question referred to us for .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H223; [1953]23CompCas365(P& H); [1953]24ITR191(P& H)
..... upon which commission was to be paid to the managing agents.6. on appeal the appellate assistant commissioner upheld the decision given by the income-tax officer.7. in proceedings under section 33, income-tax act the income-tax appellate tribunal basing itself on the decision given in - 'walchand and co., ltd. v. hindustan construction co., ltd.', air 1944 bom ..... the managing agents.8. on the application of the assessee-company under section 66 (1), income-tax act, 1922, the tribunal has referred for decision to this court the question of law cited above.9. from a perusal of article 83, annexure 'a', ..... 5 (a), held that excess profits tax was to be deducted before arriving at the net profits upon which commission was to be paid to .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H66
..... proceedings before the tribunal. if so, the position of section 17 in chapter ii of the act does not show that section 17 has no application to proceedings outside the tribunal.20. in -- 'commissioner of income-tax, bombay v. ahmedbhai umarbhai and co., bombay', air 1950 sc 134 (c), patanjali sastri j. said;'nor can the title of a ..... chapter be legitimately used to restrict the plain forms of an enactment.'21. from a perusal of section 17 of the act it is plain that that section does not ..... secured by a mortgage, charge or lien on the immovable property belonging to him in west pakistan, the tribunal may, for the purpose of any proceeding under this act, require the creditor to elect to retain the security or to be treated as an unsecured creditor.'36. under section 18 also which deals with claims against insurance companies .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1953P& H245
..... for statement of a case to the high court. these provisions are not very different from those of the income-tax act, and in --'raleigh investment co. ltd. v. governor-general in council', air 1947 pc 78 (a), which was a case under the income-tax act, a similar question (though not of a prerogative writ) arose as the one now before us and it was ..... appear to be inconsistent with the statutory obligation under section 45 to pay the tax arising by virtue of the assessmemt. there also the 'ultra vires' nature of certain provisions of the income-tax act was raised.7. in -- 'u. c. rekhi v. income-tax officer 1st 'f' ward, new delhi', air 1951 simla 1 (b), a bench of this court after reviewing all the various .....
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