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Income Tax - Supreme Court - Case Laws
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- 1951 (9) TMI 1 - SUPREME COURT
Whether or not excess profits tax is payable on the sum of ₹ 20,005 received by the respondent from Messrs. Parakh & Co. by way of rent for the dyeing plant let out to them during the chargeable accounting period? Held that:- It was a part of the normal activities of the assessee's business to earn money by making use of its machinery by either employing it in its own manufacturing concern or temporarily letting it to others for making profit for that business when for the time being it could not itself run it. The High Court therefore was in error in holding that the dyeing plant had ceased to be a commercial asset of the assessee and the income earned by it and received from the lessee Messrs. Parakh & Co. was not chargeable to excess profits tax. The result therefore is that we hold that the answer returned by the High Court to t....... + More
- 1951 (5) TMI 1 - SUPREME COURT
Whether in the circumstances of this case, the interest paid by the assessee on debentures was incurred solely for the purpose of making or earning such incomes, profits or gains which are assessable under sub-section (1) of Section 12? Held that:- The High Court has failed to appreciate the true position and the question submitted for its opinion should be answered in the affirmative. The appeal is therefore allowed
- 1951 (1) TMI 1 - SUPREME COURT
Whether petitioner has been denied the fundamental right of equality before the law and the equal protection of the laws guaranteed to him by Article 14 of the Constitution.? Held that:- The discrimination, if any, was not brought about by the two Ordinances, but by the circumstance that there was no Income-tax Act in Nabha and consequently there was no case of assessment pending against any Nabha assessees. In any case the provision that pending proceedings should be concluded according to the law applicable at the time when the rights or liabilities accrued and the proceedings commenced is a reasonable law founded upon a reasonable classification of the assessees which is permissible under the equal protection clause and to which no exception can be taken. In our opinion the grievance of the alleged infringement of fundamental right und....... + More
- 1950 (12) TMI 4 - SUPREME COURT
whether a deduction of the interest of ₹ 5,582 is a permissible deduction under Section 10(2)(iii) of the Income-tax Act? Held that:- This appeal should be allowed on the simple ground that the facts necessary to be established by the respondents to support their claim for exemption under Section 10(2)(xv) of the Indian Income-tax Act have not been established at any stage of the proceedings and therefore they are not entitled to the deduction claimed. The appeal is therefore allowed
- 1950 (12) TMI 3 - SUPREME COURT
Whether the executors are entitled to get the benefit of the exemption from income-tax in respect of the profits earned only for the nine days between the 1st of April and the 9th of April, 1942, or between the 1st of April, 1942, and 1st of January, 1943, under Section 25(4) of the Indian Income-tax ? Held that:- It seems clear that if the testator had transferred the business to a trustee, although the trustees will not be the beneficial owners, in law there will be a succession of the business to another person within the meaning of Section 25(4) of the Indian Income-tax Act. If in such a case that result follows there appears no reason why when the legal estate is transferred by operation of law to an executor there should not be considered a succession to the estate by another person within the meaning of the same Section 25(4). The ....... + More
- 1950 (12) TMI 2 - SUPREME COURT
Whether in the circumstances of the case, the assessee (a Hindu undivided family) is 'resident' in British India under Section 4A(b) of the Income-tax Act? Held that:- In the absence of the material evidence to which reference has been made, the finding of the Assistant Commissioner that the onus of proving such facts as would bring his case within the exception had not been discharged by the assessee and the normal presumption must be given effect to, appears to us to be a legitimate conclusion. In this view, the appeal must be dismissed with costs, but we should like to observe that as this case has to be decided mainly with reference to the question of onus of proof, the decision in this appeal must be confined to the year of assessment to which this case relates, and it would be open to the appellant to show in future years by proper evidence that the seat of control and management of the affairs of the family is wholly outside British India. Appeal dismissed.
- 1950 (12) TMI 1 - SUPREME COURT
Whether the attack on the legislation on the ground of the denial of equal protection of law cannot succeed? Whether there was a transfer of any "liability" by the Order as contemplated in Article 12(2)? Held that:- The Province of East Bengal having succeeded to the liability to which the Province of Bengal was subject immediately before the appointed day, the former Province is to be deemed to be substituted for the other Province as a party to the suit and the suit must accordingly continue in the Court of the Subordinate Judge at Alipore, which has jurisdiction to proceed with it under Article 4 of the Indian Independence (Legal Proceedings) Order, 1947. In this view it is unnecessary to consider the question of submission to jurisdiction urged in the alternative by the appellant. In the result the appeal is allowed, the order of the Court below is set aside and the suit now pending in the Court of the Subordinate Judge at Alipore will be heard and determined by it.
- 1950 (5) TMI 4 - SUPREME COURT
... ... ..... he said taxes are assessed, if he is the owner of the buildings or lands or holds them on a building or other lease from the Crown or from the Board, or on a building lease from any person. In any other case the tax is leviable from the lessor, if the property is let (vide Section 149). Section 177 enacts that all sums due on account of a tax imposed on the annual value of buildings or lands or both shall, subject to the prior payment of the land revenue, if any, due to His Majesty thereupon, be a first charge upon such buildings or lands. It is apparent therefore that the provisions of the United Provinces Act in respect of the levy of the taxes are substantially similar to the provisions of the Bombay Act discussed in Civil Appeal No. 66 of 1949. For the reasons given in that appeal and as a result of that decision this appeal stands dismissed with costs and we consider that the High Court of Allahabad has answered the questions above mentioned correctly. Appeal dismissed.
- 1950 (5) TMI 3 - SUPREME COURT
Whether in the circumstances of this case, the declaration in the form of return signed by the illiterate assessee by the pen of his son should be treated as properly signed and a valid return? Held that:- If on a construction of a statute signature by an agent is not found permissible then the writing of the name of the principal by the agent however clearly he may have been authorised by the principal cannot possibly be regarded as the signature of the principal for the purposes of that statute. If a statute requires personal signature of a person, which includes a mark, the signature or the mark must be that of the man himself. There must be physical contact between that person and the signature or the mark put on the document. This appeal must be accepted and the question referred to the High Court must be answered in the negative.
- 1950 (5) TMI 2 - SUPREME COURT
Whether the municipal taxes paid by the applicant-company are an allowable deduction under the provisions of Section 9(1)(iv) of the Indian Income-tax Act? Whether the urban immoveable property taxes paid by the applicant-company are an allowable deduction under Section 9(1)(iv) or under Section 9(1)(v) of the Indian Income-tax Act? Held that:- This appeal is allowed and the two questions which were referred to the High Court by the Income-tax Tribunal and cited above are answered in the affirmative.
- 1950 (5) TMI 1 - SUPREME COURT
Whether in respect of such oil a portion of the profits earned by them is attributable to their business of manufacturing oil at Raichur and that portion of the profits should not be assessed to tax under the Excess Profits Tax Act? Held that:- The expression " part of a business " must in my opinion be read with the same meaning and implication in provisos (2) and (3) to Section 5 of the Excess Profits Tax Act. Unable to accept the contention of the Attorney-General that under our Act there is no scheme of apportionment. That overlooks, as pointed out above, the provisions of Section 21 of the Act, which incorporates by reference amongst others Section 42(3) of the Indian Income-tax Act. Therefore, proceeding on the footing that there can arise or accrue profits of the manufacturing activity of the assessee, profits have accrued to the a....... + More