Court : Kolkata
Reported in : AIR1950Cal551,[1950]18ITR112(Cal)
..... , profits or gains shall be chargeable to income-tax in a certain manner.19. it appears to me that the inclusion of these words, which were added by the amending act of 1939, makes it clear that the sub-section applies both to residents and non residents and it is applied to them in a different manner. further, the first ..... 's argument is that section 14(2)(a) clearly covers residents and exempts such residents in respect of income, profits or gains accruing or arising to them within an indian state unless the case falls within certain provisions and one of those provisions is that the income, profits or gains are assessable under section 42.25. it appears to me ..... so manufactured was sold by the assessee on a wholesale basis both within and without british india. during the year of account, the assessee had three selling offices in certain indian states. the goods sold at these centres were sent out from the factory at a profit margin of 9 per cent, on cost.3. the income-tax officer dealing .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1925Cal384,84Ind.Cas.929
..... am convinced that mr. bose's argument, though specious, is not sound. it is unnecessary to refer to the code of 1898 for the amendments effected by act xii of 1923 and act xviii of 1923 have been far too large, and are based upon principles which were wholly foreign to the former code. the avowed intention of ..... the one or the other of the aforesaid meanings. the original criminal jurisdiction which the high court of judicature at fort william in bengal; established under the indian high courts act, 1861, exercises, it does by virtue of clause 22 of the letters patent of december 28, 1865. section 267 of the criminal procedure code provides that all trials ..... the legislature in making the amendment was to secure equal rights for european british subjects and indian british subjects, not forgetting the rights of europeans who are not .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1935Cal561,157Ind.Cas.1070
..... is compounded by reading sections 307 and 109, i.p.c., and then as the commissioners have done, reading those two sections together with section 6 of the amended bengal criminal amendment act of 1925. it is just as well to consider what the provisions in those sections are. section 307, i.p.c., as i have just read makes a ..... 14 or section 15 shall be punished with imprisonment for a term which may extend to three years or with fine or with both.28. that is the indian arms act as it was passed in 1878. as we have said we have come to the conclusion that the commissioners have properly found monoranjan guilty of conspiracy with regard ..... to the contravention of section 14, arms act. 'conspiracy' is dealt with in the indian penal code in section 120-b which provides:whoever is a party to a criminal conspiracy to commit an offence punishable with death, transportation or .....
Tag this Judgment!Court : Allahabad
Reported in : [1947]15ITR209(All)
..... vocation.'the language of the sub-section has not been altered, but it is now, after the amendment in the year 1946, numbered as section 10 (2) (xv) of the indian income-tax act.the question which has been referred to us is :-'whether, in the circumstances of the case, the ..... out or expended wholly and exclusively for the purposes of his business within the meaning of section 10 (2) (xii) of the indian income-tax act ?'learned counsel for the assessee had drawn our attention to a decision of their lordships of the judicial committee in commissioner of income-tax ..... the suit brought against him by the receiver. he claimed this amount as an admissible deduction under section 10 (2) (xii) of the indian income-tax act as it stood at the time of the assessment. section 10 (2) (xii) is as follows :-'any expenditure (not being in ..... this is reference under section 66 (1) of the indian income-tax act (xi of 1922) as amended in 1939. the facts of this case are fully set out in the statement of the case .....
Tag this Judgment!Court : Chennai
Reported in : AIR1933Mad489; (1933)64MLJ640
..... assessees here have failed to show that it was the intention of government to exempt such interest. the mere fact that the bye-laws of the society have recently been amended making the purchase and sale of government promissory notes one of its main objects does not, in my view, alter the position. it is conceded that for years ..... and that the assistant commissioner of income-tax has found that such investment is a necessary part of the business of the society. the bye-laws of the society were amended on the 21st december, 1929, by the inclusion of object 3 to bye-law no. 1, namely, 'to purchase and sell government promissory notes'. it is argued ..... government securities has always to be taxed under section 8 of the indian income-tax act, whereas the profits of a business have always to be taxed under section 10 of the act and that it is the latter profits alone that are exempt under the notification. the indian income-tax act in section 6 states the heads of income chargeable to income- .....
Tag this Judgment!Court : Chennai
Reported in : (1913)25MLJ594
..... the old doctrines of the common law in relation to the competency of witnesses were to be recognised in the divorce court. it was accordingly enacted by the evidence further amendment acts of 1869 that the parties to any proceeding instituted in consequence of adultery and the husbands and wives of such parties should be competent to give evidence in such proceeding ..... the petitioner as to non-access is admissible. we do not think it has ever been suggested that, at any rate, since the passing of the indian evidence act, 1872, parties to proceedings under the indian divorce act 1869 are not competent witnesses. in england the disabilities of parties as witnesses have been removed piecemeal by a series of legislative enactments- in india we ..... 1. this case comes before us, under section 17 of the indian divorce act for confirmation of a decree for a dissolution of marriage made by a district judge.2. the petitioner alleged in his petition to the district judge that the respondent had .....
Tag this Judgment!Court : Chennai
Reported in : (1947)2MLJ474
..... or may not be a trading family and it was held to reside wherever its members lived. the commissioner of income-tax, madras v. somasundaram chettiar : air1932mad435 the amending act of 1939, however, introduced elaborate definitions of ' residence ' and ' ordinary residence ' as applied to individuals, hindu undivided families, firms, companies or other associations of persons ..... reference was not made in argument and which can be ignored.4. section 4-a (b) was included in the act by the amending act of 1939; it provides that :for the purposes of this act--a hindu undivided family, firm or other association of persons is resident in british india unless the control and management of ..... hindu undivided family, firm or other association of persons for purposes of income-tax is laid down in section 4-a(b) of the indian income-tax act, 1922, as amended by act vii of 1939. it reads thus:a hindu undivided family, firm or other association of persons is resident in british india unless the control .....
Tag this Judgment!Court : Chennai
Reported in : [1940]8ITR307(Mad)
..... considering a situation analogous to the situation in aron salomon v. salomon and company limited and it is not considering the provisions of the indian companies act, but the provisions of the indian income-tax act. to accept the argument of the learned advocate-general would mean that where an assessee had placed a fictitious value on his assets he ..... during the last war the agreement could not be observed, but in 1920 a third agreement was entered into by which the former agreements were amended. one of the terms of the amended agreement was that the results of trading in the year 1914 and latter years should be ascertained by accountants on each side and that any dispute ..... by the petitioners to the madura mills amounted to rs. 6,00,000?question no. 1. - by virtue of section 10 (2) (vi) of the indian income-tax act, 1922 an assessee is entitled to an allowance on account of depreciation in respect of buildings, machinery or furniture which belong to him and are used for the purposes .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1952Cal108
..... of 'woolridge v. smith' (1912) 243 missouri 190', where a full bench of the supreme court of missouri negatived a prescriptive claim to bury the dead. so far as indian courts are concerned, the right to bury the dead was negatived as prescriptive right in the case of 'gopal krishna v. abdul samad', 34 c l j 319. mukherji, ..... customary right & to make it binding so far as the defts. are concerned.21. mr. sarkar also contended that his clients may be given the liberty to amend the plaint so as to raise a case of prescriptive right of pasturage so far as the plffs. & their predecessors are concerned. in our opinion, this ..... 's abridgement in the following words: 'the grant of a thing passes everything included therein without which the thing granted could not be held.' this principle underlies section 13, easements act, (act xv (15) of 1882). such easements, therefore, arise out of disposition made by an owner of several heritages, viz., cases of transfer, partition, etc. such implication have .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1932Cal53
..... payment of interest at any rate from the date of default is penal.(this is in accordance with the principle underlying illus. (g), section 74, added by the amending act of 1899).(4) if the rate of interest is exorbitant the stipulation is penal.13. the contract that we have been called upon to consider in this case ..... contract ?where interest was not chargeable for a certain period and was chargeable only on default. i cannot persuade myself to hold that the explanation added by the amending act of 1899 covered a ease of this nature, for it clearly says that a stipulation for increased interest from the date of default may be a stipulation by ..... sundar koer v. sham krishen [1907] 34 cal. 150. 'the 'explanation' to section 74, contract act' they observe:as amended says that a stipulation for increased interest from the date of default may be a stipulation by way of penalty. the indian courts have invariably held that where (as in the present case) the stipulation is retrospective, and the .....
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