Judgment Search Results Home > Cases Phrase: wealth tax act 1957 section 20 assessment after partition of a hindu undivided family Court: allahabad Page 7 of about 70 results (0.105 seconds)

The Municipal Board Vs. Dr. Radha Ballabh Pathak

Court : Allahabad

Reported in : AIR1949All301

..... a member, officer or servant of a board, in respect of an act done or purporting to have been done in its or his official capacity, until the expiration of two months next after notice in writing has been, in the case of a board, left at its office, and, in the case of a member, officer or servant, delivered to him or left at his office or place of abode....there is an exception provided at the end of the section which states that nothing in sub-section (1) shall be construed to apply to a suit wherein the ..... learned counsel for the appellant has tried to reason out from the various provisions of this section that the intention of the legislature was that in a case like this the tax should be payable by the sub-lessor. ..... their lordships say in reply to that contention that no such injustice would be done and that any supposed oppression involved in the strict interpretation of section 80 could be avoided by the payment of the tax and its recovery back. ..... now, in a case such as the present one, a person, who is threatened by an illegal recovery of taxes, may wait till such time as the money is realised from him in the hope that he will obtain adequate relief by means of a suit for damages or by means of a suit for the refund of the amount illegally realised ..... has argued with great force that the suit is not in respect of any act which is intended to be done in future, but that the suit is in respect of an act already done namely, the threat given of realising the tax from the plaintiff. .....

Budh Prakash Jai Prakash and anr. Vs. the Sales Tax Officer and ors.

Court : Allahabad

Reported in : AIR1952All764

..... liability of any dealer to pay the tax under the act, it is open to a dealer by an application in writing accompanied by a prescribed ..... commissioner of sales tax or on the application of any person aggrieved by the order of assessment, to call for and examine the record of anyorder or proceedings recorded by any appellate or assessing authority under the act for the purpose of satisfying itself as to the legality or propriety of such order or as to the regularity of such proceedings and to pass such order as it thinks fit.after the appellate authority has made an order under sub-section (3) of section 9 or a revising authority has made an order under sub-section (3) of section 10 affecting the .....

P. Anand and Sons Vs. Commissioner of Sales Tax

Court : Allahabad

Reported in : [2006]146STC108(All)

..... any assessment year or part thereof, has escaped assessment to tax or has been under-assessed or has been assessed to tax at a rate lower than that at which it is assessable under this act, or any deductions or exemptions have been wrongly allowed in respect thereof, the assessing authority may, after issuing notice to the dealer and making such inquiry as it may consider necessary, assess or reassess the dealer or tax according to law:6. the basic question for consideration is whether on december 3, 1984 when the notice under section 21 of the act ..... was issued there was any material on the basis of which belief could be formed about the escaped assessment and whether from the material which .....

Commissioner of Income-tax Vs. Neekalal Jainarain

Court : Allahabad

Reported in : AIR1966All338

..... after the chargeable accounting periods had expired, the profits of the business carried on by the hindu undivided family had become liable to be assessed and notices under section 1.3 of the excess profits tax act had been served upon its karta, but before an enforceable assessment order was passed and a notice of demand was issued ..... section 25a applies when at the time of making an assessment it is claimed that a partition has taken place among the members of the hindu undivided family and the joint family property has been allotted in definite portions to its members ..... the hindu law when disruption of a hindu undivided family takes place the property available for partition among its members is the joint family property left after providing for joint family debts payable out of it and personal debts of the father not tainted with immorality; see para 304 of mull's hindu law. ..... ' 'net wealth' is defined in wealth tax act no, 27 of 1957 to mean the aggregate value of the assets of a person which is in excess of the aggregate value of 'all the debts owed by' him barring certain debts ..... where an income-tax officer records an order contemplated by section 25a the income received by or on behalf of the hindu undivided family will be assessed (as if no partition had taken place) and each member will be liable to pay income-tax on the income from his self-acquired property and also for his share in the income-tax on the income of the portion of the joint family property allotted to him .....

Seth Satish Kumar Modi Vs. Wealth-tax Officer

Court : Allahabad

Reported in : (1980)15CTR(All)340; [1983]139ITR373(All); [1980]4TAXMAN463(All)

..... wealth-tax officer- (a) has reason to believe that by reason of the omission or failure on the part of any person to make a return under section 14 of his net wealth or the net wealth of any other person in respect of which he is assessable under this act for any assessment year or to disclose fully and truly all material facts necessary for assessment of his net wealth or the net wealth of such other person for that year, the net wealth chargeable to tax has escaped assessment for that year, whether by reason of under-assessment or assessment ..... in padampat singhania's case, the assessee, as karta of a hindu undivided family, had 1/3rd share in a partnership firm and his interest in the firm had to be calculated for purposes of computing his net wealth. ..... ; he may, in cases falling under clause (a) at any time within eight years and in cases falling under clause (b) at any time within four years of the end of that assessment year, serve on such person a notice containing all or any of the requirements which may be included in a notice under sub-section (2) of section 14, and may proceed to assess or reassess such net wealth, and the provisions of this act shall, so far as may be, apply as if the notice had issued under that sub ..... synfibre sales corporation, filed his wealth-tax return for the assessment year 1970-71, disclosing his net wealth at rs. ..... rules, 1957. .....

H.H. Maharaja Vibhuti NaraIn Singh Vs. Commissioner of Wealth-tax

Court : Allahabad

Reported in : [1970]78ITR714(All)

..... after the wealth-tax act was introduced in 1957, the wealth-tax officer proceeded to estimate the value of the net wealth of the assessee for the first two assessment years 1957-58 and 1958-59. ..... it was contended on his behalf that the claim for exemption was not based on any one of the specific exemptions allowed by the several clauses in section 5 of the wealth-tax act. ..... on behalf of the department, however, it was urged that in an assessment for wealth-tax, the wealth-tax officer must be guided only by the provisions laid down in the act and by no other considerations. ..... in the proceedings for assessment, the nawab of rampur claimed that he was immune from taxation on the income under the rampur income-tax act and the immunity continued after the merger by virtue of the terms of the merger agreement and, consequently, he (the nawab of rampur) was not liable to pay tax. ..... under section 5(1)(iii) of the act, any one building in the occupation of a ruler declared by the central government as his 'official residence' was exempt from wealth-tax. ..... this is a reference made by the appellate tribunal under section 27(1) of the wealth-tax act (hereinafter referred to as 'the act'). ..... article 4 provided as follows:'the maharaja and his family shall be entitled to all personal privileges enjoyed by them whether within or outside the territories of the state, immediately before the 15th day of august, 1947.'5. .....

Waqf Haji Sheikh Karim Bux Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1987)63CTR(All)350; [1987]32TAXMAN133(All)

..... as the almighty is neither an individual, hindu undivided family or company, he is not a taxable entity under the wealth-tax act, 1957. 13. ..... the waqf property cannot be assessed to wealth-tax under section 3 of the wealth-tax act, 1957. 8. ..... referred, therefore, has to be framed so as to read in the following manner: 'whether, on the facts and in the circumstances of the case, the tribunal is justified in holding that the shares of the mutawallis wereindeterminate and, therefore, they were assessable in terms of sub-section (4) of section 21 of the wealth-tax act, 1957 ?' 31. ..... the present reference made by the income-tax appellate tribunal under section 27(1) of the wealth-tax act, 1957 (hereinafter referred to as 'the act'), arises out of the assessment of net wealth of the applicant, haji sheikh karim bux trust (hereinafter referred to as 'the waqf'). ..... on a combined reading of the aforesaid clause and the second schedule, it is evident that after providing for the expenses in clause 4 of the deed, the balance of the waqf income was to be distributed among the mutawallis in equal proportion. ..... the waqf clearly says that after meeting the expenses, the balance income will be distributed equally among the mutawallis. ..... the mutawalli looks after the waqf property as its manager and procurator but the property never vests in him. ..... after his death, the management and administration of the waqf property is provided in columns 1 and 2 of the deed. .....

Laljimal Girdhar Das Vs. Commissioner of Income-tax, U.P.

Court : Allahabad

Reported in : [1951]19ITR418(All)

..... 15,000 was rightly held to be the assessees income of the previous year samvat 1994-95 taxed in the assessment year 1939-40 the assessee is a hindu undivided family carrying on the business of dealing in cloth under the name and style of messrs laljimal girdhar das at gorakhpur. ..... 15,000 had been credited on kuar sudi 9, samvat 1996 to the accounts of naunidh prasad, one of the members of the hindu undivided family. ..... the question whether it would be assessable in the year in question or not does not therefore, arise.further, in view of this finding, it is not necessary to decide the first question whether the issue of notice under section 34 of the indian income-tax act was legal.as a result we answer the reference on the second question in the negative and hold that it has not been proved that this sum of rs. ..... in proceedings under section 34 of the indian income-tax act no assessment can be made unless it has first been found as a fact that the amount sought to the assessed was the income of the assessee. ..... thereupon the income-tax officer issued notice under section 34 of the indian income-tax act to the assessee to show cause why income-tax should not be assessed on this amount as it had escaped assessment during the assessment year 1939-40. ..... the accounts of the assessee, after having been assessed for the assessment year 1939-40, came up before the income-tax officer for purposes of assessment for the assessment year 1940-41. .....

Commissioner of Sales Tax Vs. Agrimal Raja Ram

Court : Allahabad

Reported in : [1974]33STC416(All)

..... subsequently, the sales tax officer received information that during the assessment year in question the assessee had sold foodgrains through a commission agent and finding that such turnover had not been included in the assessment, he reopened the assessment by a notice under section 21 of the act which was served upon the assessee on ..... it is contended by the learned counsel for the state that after the assessee's appeal against the assessment order had been dismissed by the appellate authority, its appeal against the order under section 30 had become infructuous, inasmuch as the assessment order had merged in the order of the appellate authority and ..... in numerous cases under the income-tax act that the two reliefs are mutually exclusive and both of them cannot be agitated either under section 30 or under section 27: see sir padampat singhania v. ..... when an ex parte assessment order is passed, the law provides two remedies against it: (i) an appeal against the assessment order under section 9 to the appellate authority, and (ii) an application under section 30 to the sales tax officer to set aside the ex parte assessment order and reopen the case, if the assessing authority is satisfied that the assessee did not receive notice or was prevented by sufficient cause from being present on ..... dated 19th may, 1965, he set aside the ex parte assessment order and directed the sales tax officer to make a fresh assessment after giving to the assessee a reasonable opportunity of being heard.3. .....

Commissioner of Income Tax Vs. Oriental Insurance Co. Ltd.

Court : Allahabad

..... 1.6.2003) provides as under:- "194a(1) any person, not being an individual or a hindu undivided family, who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, shall at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode, whichever is earlier, deduct income-tax thereon at the rates in force. ..... datar, (1961) 041 itr 0446, hon'ble the apex court, while considering the decree of a civil court in relation to wrongful termination of employment has held as under:- "(i) that as there was no assessment by the income-tax officer of the tax due on the amount payable to the respondent under the decree, and an order under section 46(5) of the income-tax act could be passed only if income-tax had been assessed and remained unpaid, the income-tax officer had no authority to issue a notice under ..... this judgment relates to the period after insertion of new sub clause (ix) to section 194a(3). ..... commissioner of income-tax, punjab, jammu and kashmir, himachal pradesh and patiala, (1964) 53 itr 151, hon'ble the supreme court has held as under:- "under the scheme of the land acquisition act, 1894, land acquired compulsorily vests absolutely in the government after the collector has taken possession of the land, whether before or after making his award determining the compensation. .....