Judgment Search Results Home > Cases Phrase: wealth tax act 1957 section 44b countries with which no agreement exists Court: us supreme court Page 8 of about 168 results (0.474 seconds)

Commissioner of Income-tax, Bombay City Ii Vs. Shakuntala and Two ors. ...

Court : Supreme Court of India

Reported in : AIR1966SC719; [1961]43ITR352(SC); [1962]2SCR871

..... for that previous year are laid before the company in general meeting are less than sixty per cent of the assessable income of the company of that previous year, as reduced by the amount of income-tax and super-tax payable by the company in respect thereof he shall, unless he is satisfied that having regard to losses incurred by the company in earlier years or to the smallness of the profits made, the payment of a dividend or a larger ..... amount of income-tax and super-tax payable by the company in respect thereof shall be deemed to have been distributed as dividends amongst the shareholders as at the date of the general meeting aforesaid, and thereupon the proportionate share thereof of each shareholder shall be included in the total income of such shareholder for the purpose of assessing his total income : x x x xprovided further that this sub-section shall not apply to any company in which the public are ..... section 18(5) of the act deals with grossing up of dividend and two expressions occur therein : 'owner of the security' and the ..... it created a notional income which was wholly artificial and did not in fact exist in the pocket of any ..... high court by its order dated september 25, 1957, answered the question in favour of the assessee ..... the tribunal by its order dated february 15, 1957, expressed the view that the interpretation of ..... of 1957, and the other two references were disposed of in accordance with that ..... of 1957 and income-tax reference ..... of 1957, income-tax reference ..... 1957. .....

Sri Mohan Wahi Vs. Commissioner, Income-tax, Varanasi and ors.

Court : Supreme Court of India

Reported in : AIR2001SC3906; [2001]248ITR799(SC); JT2001(4)SC343; 2001(3)SCALE138; (2001)4SCC362; [2001]2SCR912

..... in this appeal : 1) whether the tax recovery officer could have confirmed the sale on 25.3.1988 when the demands on account of tax for the recovery of which tax recovery certificated were issued had admittedly ceased to exist; andii) what is the effect of a notice of demand under section 156 of the income-tax act, 1961 having not been served on the assessee on the sale held for recovery of arrears of income-tax?7. ..... the provision corresponding with section 156 of the income-tax act, 1961 contained in section 29 of the income-tax act, 1922 came up for the consideration of this court in income-tax officer, kolar ..... : [1974]95itr339(all) , a division bench of allahabad high court referred to the effect of taxation laws (cvrp) act, 1964 on the law laid down by this court in seghu buchiah setty's case and held:- 'the effect of these provisions is to dispense with the need of issuing a fresh notice of demand and the recovery certificate and to allow the original recovery proceedings to continue, but only for the amount found due after ..... reduction in the appeal, and it is for this purpose that the taxing authority is required to send intimation of the fact of the reduction to the assessee and to ..... in agreement with the view .....

State of Haryana and anr. Vs. State of Haryana and anr.

Court : Supreme Court of India

..... to the place outside the state in any manner otherwise than by way of sale in the course of inter-state trade or commerce or in the course of export outside the territory of india within the meaning of section 5 of the central sales tax act, 1956; or (c) * * *in the circumstances in which no tax is payable under any other provision of this act, there shall be levied, subject to the provisions of section 17, a tax on the purchase of such goods at such rate as may be notified under ..... held that the exemptions mentioned in section 9(1)(b) of the act would be available to the dealer for assessment years ending before 1st april, 1991, and the substituted section 15-a, which provides that purchase tax payable on paddy used as raw material can neither be refunded nor adjusted, will not have any effect between 27th may, 1971 and 1st april, 1991 as section 9(1)(b) still existed in the statute book during that ..... 2 of 1990") which had deleted section 9 of the act with effect from 15th ..... was exported outside the country within the meaning of section 5 of the central sales tax act, 1956 (for short "the cst act"). ..... concerned with section 15-a as substituted by act no. ..... said levy, the dealer preferred a writ petition before the high court, challenging, inter alia, the substitution of section 15-a in the act vide act 9 of 1993, with retrospective effect.4. ..... 213(2) of the constitution make it abundantly clear that an ordinance operates in the field it occupies with the same rigour as an act. in a.k. .....

Sree Meenakshi Mills Limited Vs. Commissioner of Income-tax, Madras.

Court : Supreme Court of India

Reported in : [1957]31ITR28(SC)

..... the appellant applied under section 66 (1) of the indian income-tax act (hereinafter referred to as the act) to refer to the high court certain questions which according to its arose out of the orders; but the tribunal rejected the ..... this contention is that it fails to take into account the distinction which exists between a pure question of fact and a mixed question of law and fact, and that the observation relied on have reference to the latter and not to the former, which is what we are concerned with in this case.in between the domains occupied respectively by questions of fact and of law, there is a large area in which both these questions run into each other, forming so to say, ..... , and they expressed themselves in agreement with the view taken by hamilton j ..... the only point for determination in the case was as to the character of the payments made to the appellant, and that depended on the true interpretation to be put on the agreement, and that really was a question of law. ..... your lordships were pressed with the usual argument, that as the country court judge, though a judge of law and fact, is the sole judge of fact, his findings cannot be disturbed if there be any evidence before him upon which he, as a reasonable man, could find as he has ..... to the observations following the one quoted above that 'the same remark is true as to the construction of documents', what was meant to be conveyed was that the legal effect of facts stated in the deed of agreement was a question of law. .....

Badri Prasad Jagan Prasad Vs. Commissioner of Income Tax, U.P., Luckno ...

Court : Supreme Court of India

Reported in : AIR1986SC358; (1985)49CTR(SC)223; [1985]156ITR430(SC); 1985(2)SCALE1246; (1985)4SCC664; [1985]Supp2SCR879; 1986(1)LC691(SC)

..... the scheme of section 25 and observed that it dealt under sub-section (1) with the case of a business which was discontinued and which had not been subjected to double taxation having paid tax under the provisions of the indian income-tax act, 1918, and that the provisions of sub-section (1) was that if a business was discontinued in the middle of a year, then the business which was discontinued had to pay tax both with regard to ..... sub-section (4) was concerned, the chief justice was of the view that it dealt with a business which had paid tax under the indian income-tax act, 1918, and that the sub-section dealt not so much with the mode of taxing a business which was discontinued as with giving ..... that where any business, profession or vocation on which tax was at any time charged under the provisions of income-tax act 1918, was discontinued, then, unless there was a succession by virtue of which the provisions of sub-section (4) have become applicable no tax shall be payable in respect of the income, profits or gains of the period between the end of the previous year and the date of such discontinuance, ..... been divided inter-se the constituents of the erstwhile family and whereas the said constituents had taken over their shares and the joint family no longer existed, all the assets had been fully divided, now, therefore, with effect from 1st april, 1943 we the parties to this deed start (emphasis supplied) a partnership business in equal shares regarding all business activities' .....

Chhotabhai Jethabhai Patel and Co. Vs. the Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1006; [1962]Supp2SCR1

..... (of the bihar sales-tax act which was impugned) destroys its character as a sales tax and makes it a direct tax on the dealer instead of an indirect tax to be passed on ..... the quantity, description or value of such goods on the part of the owner, or when any such duty or charge, after having been levied, has been owing to any such cause, erroneously refunded the persons chargeable with the duty or charge, so short-levied, or to whome such refund has been erroneously made shall pay the deficiency or repay the amount paid to him in excess, as the case may be, on written demand ..... it follows, therefore, that neither the american decisions, nor the understanding by the courts of the country as to what a duty of excise connotes can be of any utility for deciding the content of that ..... pathak, learned counsel who appeared for the appellants urged three point in support of the appeals(1) section 7(2) of the finance act, 1951 in so far as it imposed an excise duty retrospectively before the date of its enactment (april 28, 1951) was beyond ..... is not denied that laws are to be found which impose duties of excise at stages subsequent to manufacture or production; but so far as i am aware, in none of the cases in which any question with regard to such a law has arisen was it necessary to consider the existence of a competing legislative power such as appears in ..... of india : [1957]1scr233 , the assault was not against the imposition or the vires of the tax but against the ..... : [1957]1scr233 ..... 1957 ..... 1957 ..... 1957 .....

M/S. Madras Industrial Investment Corporation Ltd. Vs. the Commissione ...

Court : Supreme Court of India

Reported in : AIR1997SC2063; I(1997)BC639(SC); (1997)139CTR(SC)555; [1997]225ITR802(SC); JT1997(4)SC463; 1997(3)SCALE436; (1997)4SCC666; [1997]3SCR593

..... this court said that the expression 'profits or gains' in section 10(1) of the income-tax act, 1922 had to be understood in its commercial sense; and there could be no computation of such profits and gains until the expenditure which is necessary for the purpose of earning the receipt is deducted therefrom, whether the expenditure is actually incurred or the liability in respect thereof has accrued even though it may have to be discharged at ..... the court held that the expression' expenditure' as used in section 37 of the income-tax act, 1961 may, in the circumstances of a particular case, cover an amount which is really a loss and the said amount has not gone out from the ..... of the department, the tribunal stated a case under section 256(1) of the income-tax act, 1961 to be decided by the madras high court ..... -tax, west bengal : [1959]37itr66(sc) this court considered the meaning of 'expenditure' under section 10(2)(xv) of the income-tax act ..... section 37 of the income-tax act, 1961, enjoins that any expenditure not being expenditure of the nature described in sections 30 to 36 laid out or expended wholly and exclusively for the purpose of the business or profession should be allowed in computing the income chargeable under the head 'profits and gains of ..... in accordance with the managing agency agreement the commission for the relevant accounting year was a ..... that expenditure which is deductible for income tax purposes is one which is towards a liability actually existing at the time .....

Commissioner of Income Tax Vs. P.V.A.L. Kulandagan Chettiar (Dead) Thr ...

Court : Supreme Court of India

Reported in : (2004)189CTR(SC)193; [2004]267ITR654(SC); 2004(6)SCALE36; (2004)6SCC235

..... in paragraph 2 of article 13; and (ii) the amount of tax which would have been paid if the malaysian tax had not been reduced or relieved in accordance with the special incentive means as designed to promote economic development in malaysia- (aa) which are set forth in section 21, 22 and 26 of the investment incentives act, 1968 of malaysia; or(bb) which may be introduced in future in the income tax act, 1967, supplementary income tax act, 1967, petroleum (income tax) act, 1967 or investment incentives act, 1968 in modification of or in addition to the existing measures; provided an agreement is made between the two contracting ..... where liability to tax arises under the local enactment provisions of sections 4 and 5 of the act provide for taxation of global income of an assessee chargeable to tax thereunder is subject to the provisions of an agreement entered into between the central government and government of a foreign country for avoidance of double taxation as envisaged under section 90 to the contrary, if any, and such an agreement will act as ah exception to or modification of sections 4 and 5 of income tax act. .....

Bihari Lal Jaiswal and ors. Vs. Commissioner of Income Tax and ors.

Court : Supreme Court of India

Reported in : (1996)130CTR(SC)143; [1996]217ITR746(SC); JT1995(8)SC257; 1995(6)SCALE508; (1996)1SCC443; [1995]Supp5SCR285

..... high court to direct the tribunal to state the following question of law for its opinion:whether on the facts and in the circumstances of the case, the applicant could be refused registration under section 185 of the income-tax act, 1961 on the ground that its constitution was illegal for breach of the provisions of clause vi of the general licence conditions made under the excise rules, although no action was taken by the ..... above reasoning, the high court held that the two partnership agreements before them did not violate either sub-rule (1) or sub-rule (2) of rule 19 and cannot be refused registration under section 185 of the income tax act. ..... though the high court had proceeded on the footing that the excise licence concerned therein was governed by rule 322, which prohibited the holder of the licence from entering into a partnership with another person, this court found, as a matter of fact, that the licence concerned therein was not governed by rule 322 but by a different rule in the uttar ..... learned counsel says, the said partnership would not be recognised by, and may not be able to enforce any of their right against, the excise department but so far as the income tax act is concerned, such a partnership existed in fact and did actually do the business during the relevant previous year. ..... a licence for retail sale of country spirit under supply system in form ..... herein has been the subject-matter of consideration by this court as well as several high courts in the country. .....

Commissioner of Wealth Tax, Madras and ors. Vs. Late R. Sridharan by L ...

Court : Supreme Court of India

Reported in : [1976]104ITR436(SC); (1976)4SCC489; [1976]SuppSCR478; 1976(8)LC668(SC)

..... aggrieved by this order of the high court, the appellant applied and obtained leave to appeal to this court under section 29(1) of the wealth-tax act, 1957 and article 133(1)(c) of the constitution of india. ..... 011 the applications made by sridharan under section 27(1) of the wealth tax act, section 66(1) of the income-tax act and section 25(1) of the expenditure tax act, the income-tax appellate tribunal referred the following common question of law arising from its aforesaid decision for the opinion of the high court:whether, on the facts and in the circumstances of the case, the assessee and his son constituted a hindu undivided family for purposes of assessment under the income-tax, wealth-tax and expenditure-tax acts?4. ..... however, referred the following question of law for the opinion of the high court:whether the assessee, sridharan and his son constituted in law a hindu undivided family for the purpose of assessment under the wealth-tax act, 1957 ?6. ..... in the course of its consolidated order rejecting the appeals, the appellate tribunal observed that although section 21 of the special marriage act preserved some of the rights in the family property of the children born out of marriage solemnized under that act, it did not clothe such offspring with the character of hindus and therefore, there was no hindu undivided family of sridharan and his son which could claim to be taxed as hindu undivided family.3. ..... existence or non-existence of god or on whether there is one god or many .....