Court : Mumbai
Reported in : (1947)49BOMLR201
..... purposes of earning their profits and was a permissible deduction. sir john beaumont frankly confessed that in the past he had wrongly understood the principle of the pondicherry case; but the subsequent decisions had made the position clear. he observes that the question whether the payment of part of a commission to a third person ..... that case; and lord maugham in indian radio & cable communication company v. commissioner of income-tax, bombay : (1937)39bomlr1025 expressly stated that it was not universally true to say that a payment, the making of which was conditional on profits being earned, could not properly be described as an expenditure incurred for the purpose ..... an item of expenditure, whether in the circumstances it was an item of revenue expenditure and admissible for deduction under section 10(2) (xii) of the indian income-tax act, 1939 ?3. on november 1, 1930, mr. vithaldas thakordas died, leaving his widow, bai tarabai, him surviving. he had, during his lifetime, carried on .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1947Bom302; [1946]14ITR822(Bom)
..... the purposes of earning their profits and was a permissible deduction. sir john beaumont frankly confessed that in the past he had wrongly understood the principle of the pondicherry case ; but the subsequent decisions had made the position clear. he observes that the question whether the payment of part of a commission to a third person ..... particular observation applied to the facts found in that case; and lord maugham in the indian radio and cable communications companys case expressly stated that it was not universally true to say that a payment, the making of which was conditional on profits being earned, could not properly be described as an expenditure incurred for the ..... our judgment the sum paid to bai tarabai is an item of revenue expenditure and admissible for deduction under section 10(2)(xii) of the income-tax act. accordingly the first question referred to us must be answered in the negative and the second question in the affirmative.the commissioner must pay the costs throughout .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC41; [1961]1SCR305
..... the merger) as and from november 1, 1954. the de juretransfer was postponed. 5. messrs. universal imports agency are a proprietary concern registeredwith the services des contribution, pondicherry, having its principal place ofbusiness at pondicherry. sri mohanlal b. gandhi is the proprietor of the saidagency. they are established importers and general ..... such restrictions or prohibitions,the goods concerned are liable to be confiscated and the persons involved arealso liable to penalty. the foreigner exchange regulation act, 1947, providesfor the regulation of payments, dealings in foreign exchange and securities,and the import and export of currency and bullion. it prohibits ..... been applied to the frenchestablishments by the application of laws order, but they have not disputedthat the sea customs act and the imports and exports (control) act were appliedto pondicherry. the petitioners rested their case mainly on the saving clausecontained in paragraph 6 of the application of laws order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC1752; 1983LC2169D(SC); [1962]2SCR410
..... by the petitioners would therefore have to depend on the proper interpretation of the relevant notifications, because as already seen as the sea customs act and the tariff act, etc., having been extended to pondicherry territory, etc., from and after november 1, 1954, prima facie duty would be payable on the import. we have already pointed ..... counsel amounted to saying that the point about the exemption of the petitioners from payment of customs duty is also covered by the decision of this court in universal imports agency's case : [1961]1scr305 , we consider it wholly unjustified. as we have already shown, the liability to pay customs duty was admitted by ..... law which prevailed before november 1, 1954, to obtain foreign exchange requirements by what are termed 'open market purchases'. in fact, in the case of the universal imports agency : [1961]1scr305 the orders impugned were passed and were sought to be supported before this court on the ground that the foreign exchange requirements were .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1963]1SCR778; [1963]Supp2SCR778
..... specified in section 58 and could not be for a lesser period. the question was therefore of jurisdiction. 138. in universal imports agency v. the chief controller of imports and exports : [1961]1scr305 , the petitioners, in pondicherry, entered before its merger with india, into firm contracts with foreign sellers and the goods agreed to be imported were ..... was not a petition under article 32. in that case the sales tax under explanation ii to section 2(g) of the central provinces & berar sales tax act (act 2 of 1947) was held ultra vires of the state legislature because it offended article 286(1)(a) and its imposition or threat of imposition was held ..... (1924) 1 k.b. 171 : 'whenever any body or persons having legal authority to determine questions affecting the rights of subjects and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the kings bench division exercised in these writs.' 227. what was said of judicial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC332; [1961]43ITR143(SC); [1962]2SCR859
..... of income-tax (1937) i.t.r. 270, in which the decision in the pondicherry railway company case (1931) l.r. 58(i) a. 239 was explained. in the case before the privy council, lord maugham observed : 'it is not universally true to say that a payment the making of which is conditional on profits being earned cannot ..... uncontrolled sovereign powers. he was the supreme legislature, the supreme judiciary and the supreme head of the executive, and there were no constitutional limitations upon his authority to act in any of these capacities. the firmans were expressions of the sovereign will of the nizam and they were blinding in the same way as any other law; ..... are thus confined to the legislative force of the notifications issued in 1931, 1932 and 1933 respectively. the appellant's contention is that the notifications were not an act of legislation but an interpretation by the sovereign. mr. desai concedes that if they be regarded as legislation, then the later decisions of the privy council and .....
Tag this Judgment!Court : Mumbai
Reported in : [1963]49ITR913(Bom)
..... v. commissioners of inland revenue, sowrey (surveyor of taxes) v. harbour mooring commissioners of king's lynn, bharat insurance co. ltd. v. commissioner of income-tax and pondicherry railway co. ltd. v. commissioner income-tax. 6. mr. kolah, on the other hand, contends that clause i of the sixth schedule enjoins a duty on the ..... accounting years being calendar year 1952 and calendar year 1953. the assessee claimed these amounts as permissible allowance under section 10(2) (xv) of the income-tax act. it appears that in the earlier years the practice of the department had been that the amounts credited to the 'consumers benefit reserve account' were not allowed as ..... been accepted by their lordships of the privy council in a later case as one of universal application. in indian radio and cable communications company ltd. v. commissioner of income-tax, it has been observed : '.... it is not universally true to say that a payment the making of which is conditional on profits being earned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC734; 1983(13)ELT1376(SC); [1963]Supp1SCR349
..... petitions in this court in 1959 challenging the order of confiscation and the alternative order imposing penalties on them by the collector of customs, pondicherry, in somewhat similar circumstances : (see messrs. universal imports agency v. the chief controller of imports and exports : [1961]1scr305 ). those petitions were decided on august 23, 1960 and this court held that in ..... the misconstruction, if any, would be of para. 6 of s.r.o. 3315. this in our opinion is not correct. the sea customs act was applied to pondicherry by s.r.o. 3315. this s.r.o. has six paragraphs. the first paragraph gives the name of the s.r.o. and the ..... of such jurisdiction did not offend any fundamental right. but we think that case is clearly distinguishable. das, j., there stated that 'if a quasi-judicial authority acts without jurisdiction or wrongly assumes jurisdiction by committing an error as to a collateral fact and the resultant action threatens or violates a fundamental right, the question of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC30; [1965]57ITR521(SC); [1965]3SCR818
..... the contention on behalf of the revenue, lord macmillan explained his earlier observations thus : 'when, therefore, in the passage referred to by the attorney-general in the pondicherry case, i said that 'a payment out of profits and conditional or profits being earned cannot accurately be described as a payment made to earn profits', i was ..... case of a joint venture by two companies; and lord maugham pointed out thus : 'it may be admitted that, as mr. latter contended, it is not universally true to say that a payment the making of which is conditional on profits being earned cannot properly be described as an expenditure incurred for the purpose of earning ..... and regulate the rates chargeable for the energy supplied in the interest of the public and for electrical development. the rules embodied in the sixth schedule to the act are intended only to achieve that object. under the said rules certain appropriations and certain deductions have to be made to arrive at the clear profit; otherwise .....
Tag this Judgment!Court : Chennai
Reported in : AIR1968Mad298
..... 25 and 28 relate to the saving of various institutions, record, judicial and otherwise, the french college at pondicherry, the french institute and the acceptance of french diplomas and degrees as equivalent to those awarded by the indian universities. under art. 28, french language was to ramain the official language, unless the elected representatives of the ..... the first promulgated by the central government by virtue of the powers conferred on it under s. 4(2) of the pondicherry (administration) act 1962 dated 12-10-1963 and the second termed the pondicherry judicial officers (qualifications) rules 1963, promulgated by the president of india on 5-10-1963, and that the appointments were ..... to the judicial orgnisation, has not been disturbed at all, except to the extent rendered inevitable by the very treaty of cession. thus, under the merger act, act xlix of 1962, sections 9 and 10, this court inherits the powers of the cour de cassation the cour superiur d' arbitrage and the conceil d' .....
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