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1951 (3) TMI 50
... ... ... ... ..... s largely circumstances of the case; but where the facts found indicate that it could not regarded as income the inference would be one of law. As already observed above, prima facie, salami was not income unless the Income Tax authorities show that there were circumstances to indicate that it was so. In the present case no such circumstances has been indicated by the revenue authorities. On the contrary the indentures which are on the record indicate that the salami was not in payment of advance rent. In my opinion, there....... + More
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1951 (3) TMI 49
... ... ... ... ..... to tax for the assessment year 1942-43 is the same entity and the same assessee as the Hindu undivided family which was assessed for the year 1941-42. The mere fact that the registered firm consists of the same partners as the coparceners who constituted the Hindu undivided family does not lead to the conclusion that under the Income tax Act an identity has been established between the two assessees. In fact these two assesses are entirely different, and, therefore, it is not competent to the present assessee before us to ....... + More
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1951 (3) TMI 47
... ... ... ... ..... ch the learned Advocate for the respondent relied, a Division Bench held that, inspite of a change in the Tenancy law the civil Court still had jurisdiction to dispose of a suit of the nature which it was trying. Obviously, in such a case, no question arose of the return of the plaint to the proper Court because the civil Court was itself the proper Court. 12. It must, therefore, be held that the civil Court had no jurisdiction to proceed, with the trial of this case after the legislature had amended Section 180, U. P. Ten....... + More
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1951 (3) TMI 46
... ... ... ... ..... different persons. The sale price was realised in London by the buyer's bank paying it to the Eastern Bank Ltd. who was acting on behalf of the sellers. That was the first receipt. It cannot be said that by subsequent adjustment towards the debt there was further receipt of the sale price by the sellers so as to attract the provisions of the Income-tax Act. The situation probably might have been different, and it is unnecessary to go into that, if the person who paid and received the sale price in the first instance ha....... + More
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1951 (3) TMI 45
... ... ... ... ..... ust property out of the possession of the joint family and it ceased to be the property of the joint family and the income derived from that property which went to Ratilal did not go to him as a member of the family but in his individual capacity and other members of that family ceased to have any interest in that property as members of the joint family. Frankly I must confess the interpretation of this section is not free from doubt. Perhaps it is possible to take the view for which the Advocate-General contends in which ....... + More
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1951 (3) TMI 44
... ... ... ... ..... equirements is clearly deliberate. It is the intention of the enactment that the High Court is not to be flooded with such applications. The object is salutary and in their lordships' judgment the High Court will be well advised, before they entertain any question under the section, always to see that the preliminary statutory conditions have been fully observed. 11. It is necessary to state that the provisions of the corresponding section of the English Income Tax Act (8 and 9 Geo. 5 Ch. 40, Section 149) are different....... + More
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1951 (3) TMI 43
... ... ... ... ..... ion, the agent immediately reported it for approval to the partners at Trichinopoly. The partner at Trichinopoly was giving directions to the Superintendent as to what should be done in connection with the management of the estate. The fact that the action of the superintendent has generally been approved by the partners only shows that the superintendent was doing his work properly and without giving occasion for complaint, The cumulative effect of the correspondence above referred to as well as the other circumstances ad....... + More
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1951 (3) TMI 42
... ... ... ... ..... nd not distributed amongst the shareholders as dividends. No question of distributing any of the profits between the 1st of January and the 1st of April, 1946, to the shareholders ever arose or could arise and, therefore, no question could arise of these profits constituting reserves during this period. The directors were never called upon to consider the question and in fact they did not consider the question as to whether part of the profits earned during this period should not be distributed as dividends but should be k....... + More
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1951 (3) TMI 41
... ... ... ... ..... adopted the suggestion of the Tribunal as his own and proceeded to assess afresh on the basis of the Tribunal's opinion. This we consider he was not entitled to do under Section 34 and his order reopening the assessment under that section was therefore unauthorised. The question whether the requisites of Section 34 are fulfilled in a particular case must depend upon the facts and circumstances of each case and in our opinion the facts of the present case are fairly clear and the decision of the Tribunal is correct. It ....... + More
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1951 (3) TMI 40
... ... ... ... ..... iness during the chargeable accounting periods that are sought to be charged and assessed under the Excess Profits Tax Act, and if by the time the notice is issued the joint family ceased to exist there is no provision under the Act to assess that undivided family which has become defunct and there is no procedure by which service of notice requiring the undivided family to submit a return can be effected. It is no doubt a lacuna in the Act and the result may be unfortunate from the point of view of the department. But it ....... + More
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1951 (3) TMI 39
... ... ... ... ..... to have dealings to the extent of three or four lakhs of rupees are not unfamiliar on their own showing with proceedings in Cts. They should have taken care to avoid suspicion being raised against them on account of the date being tampered with. So long back as 1884 it was held by Lord Den-man C. J. in Davidson and Cooper (1844) 67 R.R. 638 that a party who has the custody of an instrument, made for his benefit is bound to preserve it in its original state that any material alteration will vitiate the instrument. On the pr....... + More
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1951 (3) TMI 38
... ... ... ... ..... h India and that the price was paid in British India cannot be brushed aside. An unexecuted contract under which a person is entitled to buy or sell goods at advantageous prices has pecuniary value as a business asset -- 'See John Smith and Son v. Moore', (1921) 2 AC 13. The contract made by the assessee firm in British India in the course of its trade or business was a source of the profits made by the assessee, though the performance of the contract in an Indian State also contributed to the accrual of such profi....... + More
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1951 (3) TMI 37
... ... ... ... ..... 9;abadi'. If that be so, there could not have been any mistake about his right to build. The Defendant as D.W. 1 does not say that he was either mistaken as to his rights or misled by the inactivity of the landlord. Nor is there anything to suggest that the landlord kept quiet knowing that the tenant was acting on a 'mistaken view' of his rights. It cannot therefore be held that the landlord acquiesced in the acts of the Appellant. 17. The Appellant tried to derive some support from the 'wajib-ul-arz'. ....... + More
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1951 (3) TMI 36
... ... ... ... ..... exercised, when it is invoked by a private complainant against an order of acquittal, against which the Government has a right of appeal under section 417. It could be exercised only in exceptional cases where the interests of public justice require interference for the correction of a manifest illegality, or the prevention of a gross miscarriage of justice. This jurisdiction is not ordinarily invoked or used merely because the lower court has taken a wrong view of the law or misappreciated the evidence on record. As alrea....... + More
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1951 (3) TMI 35
... ... ... ... ..... Sir Kameswar Singh of Darbhanga 1942 2 M.L.J. 261; 10 I.T.R. 214 (P.C.. We are unable to accept the contention of the revenue authority that the expenditure in this case was incurred for the acquisition of fixed capital assets. The expenditure, as we already stated, did not create any new asset nor did it alter the character of the capital asset that had been acquired by the company under the contract. That remained unaltered. The asset, to defend the title to which the expenditure was incurred was an existing asset and wa....... + More
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1951 (3) TMI 34
... ... ... ... ..... compensation in the course of business or trade carried on by a trader. Upon the facts of that case the learned Judge held that the receipt of the decretal amount for damages by the assessee for wrongful detention of her movable property was not income within the meaning of the Income-tax Act and was therefore not liable to assessment. It is manifest that the facts are not in any way parallel to the facts of the present case. On the contrary it would seem that the amount of compensation received by the assessee is really a....... + More
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1951 (3) TMI 33
... ... ... ... ..... ulate a certain test. Each case has therefore to be decided on its own facts. We have adverted to this case only to show that the refinements in the law have been carried to a very large extent and it is difficult always to decide the question when and under what circumstances letting of property may be treated as constituting business. The present case, however, in view of the provisions of the memorandum of association of the company, does not present any difficulty and the view taken by the Tribunal that the letting of ....... + More
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1951 (3) TMI 32
... ... ... ... ..... assing only one order. If one were to come to that conclusion it would mean that the power to make adjustments with regard to a particular transaction would be restricted to one adjustment only on one occasion and in one instance. The section gives unrestricted power to make adjustments with regard to one or more than one transaction and that power continues unabated until the Excess Profits Tax Officer is functus officio when he makes an assessment order under Section 14. Therefore, whether the facts before us constitute ....... + More
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1951 (3) TMI 31
... ... ... ... ..... right to get a firm registered subject to such conditions and limitations as were contemplated by that section and left to be provided for by rules framed by the Central Board of Revenue under the powers expressly conferred. I am, therefore, of opinion that Rules 2 and 6 preclude an authorised agent of a partner from signing an application on his behalf for the registration of a firm or for the renewal of a certificate of registration and that these rules are intra vires the rule-making authority, I would therefore answer ....... + More
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1951 (3) TMI 30
... ... ... ... ..... rial being with- out jurisdiction, and a further point in his favour is that the fatal blow on which the charge of murder is based, is not attributed to him but to another person and no definite overt acts are ascribed to him. We have no doubt that these facts will receive due consideration at the hands of the executive authorities. As the points involved in the petitions for special leave to appeal to this Court against the order of the High Court refusing to grant relief under article 226 of the Constitution are the same....... + More
