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Showing 61 to 62 of 62 Records
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1961 (1) TMI 2 - SUPREME COURT
Whether detailed arguments were advanced before the Tribunal on diverse items having bearing on the quantum of assessable income, but the Tribunal only dealt with one item, viz., the unexplained cash credits of ₹ 36,776 in the account of firm No. II, and did not consider the remaining items?
Held that:- In paragraph 7 of the Appellate Tribunal's order under section 66(1), they also made the observations already set out. In this state of the record, we do not think that there is any substance in the plea that the Tribunal had not considered the question whether the amount of ₹ 2,39,796 was properly added to the income of the appellants as undisclosed profits.
Thus the High Court was right in holding that no question of law arose out of the order of the Tribunal. We are also of the view that no case is made out justifying interference in the appeals filed directly against the orders of the Tribunal. Appeals dismissed.
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1961 (1) TMI 1 - HIGH COURT AT CALCUTTA
Writ Jurisdiction - Refund (Customs) ... ... ... ... ..... goods arrived at the port of Pondicherry. The Collector of Customs treated the imports of the goods as unauthorised and confiscated the same and gave the petitioners option to pay in lieu of confiscation a penalty amounting to Rs. 27,700. The petitioners paid the penalty under protest and cleared the goods. The petitioners succeeded in the Supreme Court and orders of the respondents were quashed and they were directed to refund to the petitioners the amount illegally collected from them. This is the law of the land. I have therefore jurisdiction to order refund. The Rule is therefore made absolute. The orders dated December 21, 1957 and November 30, 1959 are quashed. The respondents are directed to cancel the said orders and to forbear from giving effect to them in any manner whatever. There will also be a writ in the nature of mandamus directing the respondents to refund the sum of Rs. 10,885 to the petitioner. The petitioner is entitled to costs. Certified for two counsel.
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