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1960 (10) TMI 108
... ... ... ... ..... first defendant, who was not entitled to it, under the mistaken impression that the money was due to her. There was, therefore, an obligation on her part to refund the money. Such liability must be deemed to have arisen on the date of the payment itself (Vide Baker v. Courage and Co., 1910 1 KB 50 . This obligation to refund was certainly incurred during the occupation period because the payment was between the two dates, 15-3-1942 and 5-9-1945. The term debt no doubt, is commonly used to, describe liabilities which have a....... + More
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1960 (10) TMI 107
... ... ... ... ..... heir, is liable to pay out of the estate of the deceased the tax payable by the deceased. Under the will and codicil executed by the petitioners mother, the petitioner got nothing from the estate of the mother and the assessments in question related to the income of the mother during the three years 1950-51, 1951-52 and 1952-53. The petitioner cannot, therefore, be regarded as the legal representative of his mother and the fact that he was one of the legatees under the will executed by his father does not make him the lega....... + More
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1960 (10) TMI 106
... ... ... ... ..... ed if the contention urged on behalf of the appellants were accepted. The Legislature not having chosen to provide that the complaint of the Public Prosecutor shall also be signed by the person aggrieved, we will not be justified in the absence of compelling reasons to so hold. 11. The observation made by Mr. Justice Bavdekar in C.B.L. Bhatnagar v. The State AIR1958Bom196 What section 198B(13)......... means........ is that any complaint which may be made under section 198B must also satisfy the provisions of section 198, ....... + More
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1960 (10) TMI 105
... ... ... ... ..... e pointed out above, is firmly established by the decisions of the various courts in this country and the courts in England. Consequently, we hold that the present suit for the balance of the unrecovered amount can certainly be maintained and we overrule the defendants' contention on this score also. 48. For the reasons mentioned above, we, therefore, partly allow this appeal, set aside the judgment and decree of the trial court and decree the plaintiff's suit for Rs. 17480/-. We also allow interest on this amount ....... + More
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1960 (10) TMI 104
... ... ... ... ..... merely because a few restrictive covenants are also imposed upon the assessee in order to safeguard the interests of the former employer by restraining the assessee from entering into a com- petitive business, or by requiring him to observe forbearance in advising others who are carrying on a rival business. In the present case, the assessee has received compensation for the loss of his employment. He had no doubt entered into restrictive covenants also but for observing these covenants, he was not required to render any k....... + More
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1960 (10) TMI 103
... ... ... ... ..... to be assessed to tax each in his individual status. Section 41(1) in express terms directs that the tax shall be levied on the receivers in the like manner and to the same amount as it would be livable upon and recoverable from the person on whose behalf such income, profits or gains are receivable. In this case the person to be assessed, the person whom the receivers represented, was the Hindu undivided family, and that was the only legal basis available in this case for the assessment levied on the receivers. 16. We ans....... + More
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1960 (10) TMI 102
... ... ... ... ..... hands; there must be many papers which a Chief Minister has to deal with in the day to day business of administration. If the Chief Minister did not remember the circumstances, it would have been easy for him to say so. If he remembered the circumstances, he could have refuted the allegations with equal ease. This is not a case where the refutation should have been left to Secretaries and other officers, who could only speak from the records and were not in a position to say why the Chief Minister passed certain orders. Th....... + More
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1960 (10) TMI 101
... ... ... ... ..... her the decision of the court below dismissing the suit is proper. The suit was dismissed while Act 5 of 1954 (Madras) was in force and that was the proper thing to do in the circumstances. 11. The last submission made on behalf of the appellant was that a fresh suit on the same cause of action was competent, that he had time till 7-2-1956 to institute such a suit and that if the period of pendency of this appeal which was filed on 2-3-1955 is excluded a fresh suit would still be in time. The question whether the period of....... + More
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1960 (10) TMI 100
... ... ... ... ..... st conscientiously reach a conclusion which it deems such evidence to justify. It follows that 'the appellant would only succeed should he establish that the order challenged was without any directing of the mind to the evidence by the deciding functionary, and that is not the ease. The argument, therefore, that every evidence must be collected by the dismissing authority, in our opinion, has no force. 4. The next argument of the appellant's learned Advocate is that retrospective dismissal and suspension cannot be ....... + More
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1960 (10) TMI 99
Business connection - profits or gains accrued or arose or could be deemed to have accrued or arisen to the non-resident on account of the business connection of the non-resident with the assessee - Relationship between the assessee and the non-resident fell within the meaning of the expression 'business connection' as used in section 42(1) of the Indian Income-tax Act - Held that:- These observations fully apply to the facts of the present cases, as I have already said. Here also the alleged agent is nothing more than a free-lance broker. He ....... + More
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1960 (10) TMI 98
... ... ... ... ..... Rajagopalan, J.-In Ramaswami Aiyangar v. Commissioner of Income-tax 1960 40 ITR 377 (Mad.) a Bench of this court held that in appropriate cases there can be a direction to refund to the successful assessee the initial deposit of ₹ 100 for each of the cases referred. The learned counsel for the department pointed out that the present case, where a similar request has been preferred, can be distinguished on facts from Ramaswami Aiyangar's case (supra). In the present case, the department went back upon their earlie....... + More
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1960 (10) TMI 97
... ... ... ... ..... the record we do not think it necessary to consider whether the additional evidence should be allowed to be adduced. It is not disputed that if the Kalambandis on which the appellant's right is based are rules or regulations having the force of law the impugned executive order issued by respondent 1 would be invalid. The right guaranteed to the appellant by an existing law cannot be extinguished by the issue of an executive order. In fact on this point there has never been a dispute between the parties in the present p....... + More
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1960 (10) TMI 96
... ... ... ... ..... and did not apply to super-tax and that the assessee in that case (who was similarly placed as the assessee here in so far as the income from dividends was concerned) was liable to pay super-tax at the concessional rates mentioned in the Taxation Concessions Order, 1950. For these reasons, our answer to the first question is that the previous year in respect of the managing and selling agency source of income is the financial year ending on March 31, 1950, as chosen by the assessee. With regard to the third question, the a....... + More
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1960 (10) TMI 95
... ... ... ... ..... action, though for the purpose of deciding whether a receipt is a capital receipt or a revenue income, one might consider the substance. In Bankey Lal Vaidya v. Commissioner of Income-tax 1965 55 ITR 400 , to which I was party, it was decided that when one partner on the dissolution of a partnership takes up the entire business and pays the retiring partner the price of his share, the price received by the latter is not a capital gain. My answer to question No. 3 is, therefore, in the negative and in the assessee's fav....... + More
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1960 (10) TMI 94
... ... ... ... ..... the word individual in a narrow sense to distinguish it from a Hindu undivided family. In considering this question, one has to remember that under the Act a Hindu undivided family as a unit and also an individual as a unit are liable to be taxed and the word individual is used in the section in its narrower connotation. Therefore, that does not furnish any index to the interpretation of item 86 in List I of the Seventh Schedule. For these reasons, we uphold the validity of section 3 of the Act in its relation to Hindu und....... + More
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1960 (10) TMI 93
... ... ... ... ..... which is deductible for income-tax purposes is one which is towards a liability actually existing at the time, but the putting aside of money which may become expenditure on the happening of an event is not expenditure. Adopting the argument with respect it may be said that the loss deductible for income-tax purposes in one actually existing at the time and debiting an amount which may in whole or in part be subsequently found to be due as a result of an arbitration agreed to between the parties is not a loss. BY THE COURT....... + More
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1960 (10) TMI 92
... ... ... ... ..... ular source. The determination of the tax payable is with regard to the tax payable on the total income and not on the income, profits and gains from any particular source. For these reasons, we are of the opinion that the assessee family could not be said to have been assessed within the meaning of the proviso to clause (a) of section 2(11)(i) in respect of a source of income in non taxable territories which was included in the earlier Diwali account years for the purpose of determining the assessee's total world inco....... + More
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1960 (10) TMI 91
... ... ... ... ..... re the Act was passed. The verb has been is in the present perfect tense, and may mean either shall have been or shall be . Looking, however, to the scheme of the enactment as a whole and particularly the other portions of it, it is manifest that the former meaning is intended. The verb has been describes past actions, and, to borrow the language of Fry, L.J., in Ex Parte Pratt 1884 12 Q.B- 334, is used to express a hypothesis, without regard to time . An externment order, however, to satisfy the requirements of s. 57 of t....... + More
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1960 (10) TMI 90
... ... ... ... ..... once but in effect such deduction is effected only once in ascertaining the taxable profits of the composite business. Even once the principle is settled that only that portion of the profits and gains derived from the industrial undertaking is eligible for the exemption to the maximum limit provided in the section, the procedure adopted is in conformity with the section. What the assessee demanded of the Department was that the entire sum of ₹ 1,95,979 (that is the total profits of ₹ 4,44,462 minus the unabsor....... + More
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1960 (10) TMI 89
... ... ... ... ..... ces, it cannot be said that at the time the plaint was filed it was defective because the Power of Attorney in favour of Dunderdale was not a Power of Attorney on behalf of the firm and its partners. As the High Court has pointed out, there is on the record now Powers of Attorney on behalf of all the partners of the firm. It seems to us that the Division Bench of the High Court took a correct view in holding that the plaint was not a nullity. It was a case of a suit instituted by all the partners of a firm who were misdesc....... + More
