Court : Supreme Court of India
Reported in : AIR1964SC1722; [1964]53ITR140(SC); [1964]7SCR693
..... - (i) where a company incorporated outside india carried on business in the territories to which this act extends and has been, treated for the purposes of the indian income-tax act, 1922 (xi of 1922), as resident for two out of three completed assessments immediately preceding, such company shall, within three months of the receipt of intimation of the death of a member dying after the commencement of this act, furnish to the controller such particulars as may be prescribed in respect of the shares of the ..... , observed :'the result is that when a claim is made for a deduction for which there is no specific provision in section 10(2), whether it is admissible or not will depend, on whether having regard to accepted commercial practice and trading principles, it can be said to arise out of the carrying on of the business and to be incidental to it.'21. ..... it such a member of the company had died in india, subject to the conditions mentioned in the section, the company would not be liable to pay the estate duty payable on the shares held by the deceased. ..... 66(i) of the act to the kerala high court, and referred the following question of law for its opinion :'whether on the facts and in the circumstances of the case, the estate duty paid by the company under section 84 of the estate duty act, 1953, is a revenue expenditure deductible in computing the assessee's business income for the assessment years in question ?'3. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant162; 1984(2)KarLJ218
..... learned- solicitor-general a contention which was not taken either in the return or before the high court or in the appeal memo - that it is not possible to strike down only a portion of section 4 (3) (xxi) of the indian income-tax act, 1922 and s. ..... 10(26) of the income-tax act, 1961, namely, the words 'provided that such member is not in the service of government' found in section 4 (3) (xxi) of the indian income-tax act, 1922 and the words 'who is not in ..... been charging exhorbitant rate of fees, and were making profit out of the amount so received that would constitute a sound basis for not granting of exemption from payment of property-tax to them and granting exemption to grant-in-aid institutions on this aspect of the matter the undisputed position is that for over 16 years the corporation had exempted the appellant institutions not making any profit ..... single judge on the ground that educational institutions receiving grant-in-aid are those institutions which are financially weaker and consequently, if they were not exempted from property tax the government itself would have to bear the tax, was not a valid one, for under the grant-in-aid code, the basis for giving financial grant is not the financial weakness of the institution, but ..... for the period in question also, the appellant institutions he furnished their audited balance-sheet and have averred that they are run ..... the initial onus of showing that the proceedings of 1957 and 1961, in question were discriminatory and as such .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1990KAR820
..... for consideration : (i) whether state government is competent, in the circumstances of the case, to collect sales tax on the amount of excise duty paid by the petitioner and (ii) whether section 5(3-d) of the karnataka sales tax act, 1957, is unconstitutional re. ..... vires of section 5(3-d) of the karnataka sales tax act, 1957, is ..... [1989] 74 stc 379, in support of his contention, that section 5(3-d) of the karnataka sales tax act is in pari materia with section 6-c of the andhra pradesh general sales tax act and therefore should be construed in the manner interpreted by the supreme ..... contended, that, the factum of treating the government as the first seller under section 5(3)(a) of the karnataka sales tax act, being available only to the sale of arrack, it is not possible to apply the same to the containers of arrack and hence section 5(3-d) cannot be attracted when the container is the subject of independent sale. ..... the court also had considered the definition of 'turnover' as stated in section 2(1)(v) of the karnataka sales tax act (hereinafter referred to as 'the act'), which at that time defined it as the aggregate amount for which goods are bought or sold or supplied ..... section 22 of the act provides for delegation of the power to fix the rates of excise duty to the government by making rules and since no guidance has been furnished to the government by the act for fixing the rate there was abdication of essential legislative function by the legislature and, therefore, the section .....
Tag this Judgment!Court : Delhi
Reported in : 1981(8)ELT328(Del)
..... the refund of which became due to the petitioners as a result of the revisional order of the central government which is final and binding on both the authorities and the assessed under section 36 of the act has been wrongfully withheld and that thereforee this court should issue a writ of mandamus directing the respondents to refund the said amount to the petitioners with interest with interest at 12% per ..... take into consideration material facts, facts which had a considerable bearing upon the ultimate decision, and if the second tribunal was satisfied that the decision was arrived at because of the failure to take into consideration these material facts and that if these material facts had been taken into consideration the decision would have been different, then the second tribunal would be in the same ..... it was held that the respondent was not estopped by the earlier decision of the board of review from challenging the assessed's claim for exemption for subsequent years on the principle that 'a question for liability to tax for one year is always to be treated as as inherently a different issue from that of liability for another year, even though there may appear to be similarity or identity in the questions of law on which they respectively ..... out that, subsequent to the order of the court dated 20-4-1973, the petitioner had been called upon to furnish security of immovable property in respect of further demands raised by the respondent by the orders dated 29-9-1974 and .....
Tag this Judgment!Court : Delhi
Reported in : ILR1975Delhi7b; [1976]37STC49(Delhi)
..... column 3 of the registration certificates of the petitioners were specified for the purpose of enabling the petitioners to purchase free of tax the said goods specified in column 3 of the certificate and to claim a deduction from their gross turnover under section 5 (2) (a) (ii) of the sales tax act if and when they sell the said goods to another registered dealer in column 3 of whose certificate the goods are specified ..... (a) for resale (in or outside the state of delhi), (b)for use as raw materials in the manufecture in the union territory of delhi of goods (other than goods declared tax-free under section 6) for sale in the manner specified in section 5(2)(a)(ii) of the act: (c) for containers or other packing materials:' itcan be seen that the aforesaid particulars are the same as those mentioned in column 11 in the form of application for registration and ..... not exceed the taxable quantum, neither a registered dealer nor an unregistered dealer is liable to tax, although the former has to file returns under section 10(2), (34) now, in the case of a registered dealer whose gross turnover exceeds the taxable ..... certificate of registration in accordance with information furnished under section 16 or otherwise received. ..... filled up and signed by the registered dealer to whom the goods are sold and containing the prescribed particulars on a prescribed form obtainable from the prescribed authority is furnished in the prescribed manner by the dealer who sells the goods; provided ............ .....
Tag this Judgment!Court : Kerala
Reported in : 2003(2)KLT1009
..... the main challenge in all these writ petitions is regarding the validity of the provisions of sub-sections (2), (2a) and (2b) of section 5 of the kerala general sales tax act, 1963 (for short the 'act') inserted by the finance act, 1998 (act 14 of 1998) published in the kgex.no.1221 dated 29.7.1998 with effect from 1.4.1998. ..... holder/trade mark holder and the sale is not to a trade mark holder/brand name holder for sale under a trade mark or a brand name, the sale by such dealer will be the first sale exigible to tax under section 5(1) of the act and consequently a second sale of the very same goods by the purchasing dealer to a trade mark holder or brand name holder for sale by him under a brand name or trade mark cannot be subjected ..... there is no doubt that the scheme of the act as at present is to levy tax on a particular commodity only at one point though the legislature has got the freedom to tax the same goods at all points of sale or purchase except in so far as goods covered by sections 14 and 15 of the central sales tax act and in respect of the transactions covered by art.286 of the constitution of india and in respect of interstate transactions. ..... in that case by the bombay sales tax (amendment and validating provisions) act, 1988, an explanation was inserted below the definition of 'resale' in section 2(26) of the bombay sales tax act, 1959 and in exercise of its rule making power rule 42h was inserted by the state government in the bombay sales tax rules, 1959. .....
Tag this Judgment!Court : Kerala
Reported in : (2006)201CTR(Ker)492; [2006]282ITR587(Ker); 2006(1)KLT258
..... exemption has been allowed to an employee under this clause for any assessment year, no exemption thereunder shall be allowed to him in relation to any other assessment year.the term 'voluntary retirement' finds a place in section 10(10c) of the income-tax act, but in section 89(1) of the act which stood then reads as follows:where, by reason of any portion of an assessee's salary being paid in arrears or in advance or by reason of his having received in any one financial year salary for more than ..... whether the voluntary retirement from service would fall under the term 'termination of employment' within the meaning of section 17(3) of the income-tax act and the relief under section 89(1) is admissible after the grant of exemption under section 10(10c)(viii) of the income-tax act is the question that arises for consideration in these cases.2. ..... at or in connection with the termination of his employment or the modification of the terms and conditions relating thereto;(ii) any payment other than any payment referred to in clause (10), clause (10a), clause 10(b), clause (11), clause (12), clause (13) or clause (13a) of section 10, due to or received by an assessee from an employer or a former employer or from a provident or other fund to the extent to which it does not consist of contributions by the assessee or interest on such contributions or any sum received under a keyman insurance ..... employees later filed their return for the assessment year 2001-2002 to the concerned office. .....
Tag this Judgment!Court : Allahabad
Reported in : [2005]144TAXMAN651(All)
..... subsequently, the wealth-tax officer, ward bijnor issued notices under section 16(2) of the wealth-tax act, 1957 as the case had been selected for scrutiny. ..... the wealth-tax officer, vide order dated 25-7-1996, after making full and complete enquiry accepted the returns under the wealth- tax act, 1957. ..... learned senior counsel, submitted that, the gifts in question which are being sought to be taxed under the re-assessment proceedings, have been disclosed by the petitioners in their wealth tax return and the wealth-tax officer, ward bijnor who is the assessing authority, had examined the gifts in detail and after making necessary enquiry and after having been satisfied about the genuineness of the gift, had accepted the same while making assessment under the wealth tax act. ..... the petitioners submitted their replies in which it was stated that the complete details of donors have been furnished under the wealth tax proceedings and the wealth-tax officer after making proper and necessary enquiry, had accepted the gift. ..... however, where an assessment has been made under sub-section (3) of section 143, the action is required to be taken within four years from the end of the relevant assessment year unless any income chargeable to tax has escaped assessment by reason of failure on the part of the assessee to make a return or to disclose f lilly and truly all material facts necessary for his assessment for that year. ..... the assessing officer is bound to furnish reasons within a reasonable time. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)141CTR(MP)228
..... whose net wealth is of such an amount which renders him liable to wealth-tax under the act shall furnish to the wto a return in prescribed ..... and complete he shall assess the net wealth of the assessee (and determine the mount of wealth tax payable by him or the amount refundable to him on the basis of such return). ..... , after taking into account all relevant material which he has gathered, shall estimate the net wealth to the best of his judgment and determine the amount of wealth-tax payable by the person or the amount refundable to him on the basis of such ..... material coming to the notice of the ito and the formation of his belief that there has been escapement of the income of the assessee from assessment in the particular year because of his failure to disclose fully and truly all material facts.the supreme court further observed that the court cannot go into the sufficiency or adequacy of the material and substitute its own opinion, but the ..... other evidence as he may require on any specified points, and after taking into account all relevant material which the wto has gathered shall, by order in writing, assess the net wealth of the assessee and determine the amount of wealth tax payable by him or the amount refundable to him on the basis of such assessment. ..... the wt act, 1957 issued by ..... 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 the sub-section.8. ..... 16 of the wt act, 1957 relates to assessment and .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori142
..... thus, it was observed that the assessing authority purporting to act under clause (b) of sub-section (2) of section 10 of the bihar sales-tax act cannot assess the amount of tax due from the dealer more or less arbitrarily or without basing the assessment on any material whatsoever and on pure ..... it is true that there is no provision in the indian income-tax act which imposes a duty on the income-tax officer to disclose to the assessee the material on which he proposes to act while computing the assessment under section 23(3); but the principles of natural justice require that he should draw the assessee's attention to it and give him an opportunity to show that the officer's information is wrong and he should also indicate in his order the material ..... an identical question arising under clause (f) of sub-section (2) of section 10 of bihar sales tax act (bihar act vi of 1944) came to be considered by the supreme court in the case of ragubar mandal harihar mandal ..... the order of the appellate tribunal, however, he filed an application under section 35 of the income-tax act for rectification of the figures taken as 2600 maunds per year and filed an affidavit denying that the persons mentioned in the order of the income-tax officer are neither his employees nor his relations. ..... thus, he was of the opinion that the assessee had been under-assessed, but since the net estimate was after all an estimate, he retrained from issuing a notice to show cause why the assessment should not be .....
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