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Income Tax - Supreme Court - Case Laws

Showing 3341 to 3360 of 3388 Records

  • 1954 (4) TMI 4

    ... ...
    ... ... allow the appeal and answer the referred question in the affirmative. For reasons similar to those referred to in our judgment in that appeal each party must bear and pay his or its own costs both in this Court and in the High Court. Appeal allowed.

  • 1954 (4) TMI 3

    Whether on the facts of this case, income, profits and gains in respect of sales made to the Government of India was received in British India within the meaning of Section 4(1)(a) of the Act? - Held that - It can scarcely be suggested with any semblance of reasonable plausibility that cheques drawn in Delhi and actually received by post in Aundh would in the normal course of business be posted in some place outside British India. This Posting in....... + More

  • 1954 (4) TMI 2

    Whether under the terms of the agreement the petitioner is an employee of the Mills Company or is carrying on business ? - Whether the remuneration received from the Mills is on account of service or is the remuneration for business ? - Held that - All the factors taken into consideration along with the fixity of tenure, the nature of remuneration and the assignability of their rights, are sufficient to enable us to come to the conclusion that th....... + More

  • 1954 (4) TMI 1

    Whether the learned High Court Judges erred in importing any question of capacity in which the income is held by Ratilal, into the application of Section 16(1)(c)? - Held that - The provision in the settlement deed giving the income back to Ratilal, even if it be taken as a retransfer of the income, cannot be treated as such retransfer to the original settlor, viz., the Hindu undivided family. Hence the last portion of clause (c) of Section 16(1)....... + More

  • 1954 (2) TMI 1

    Whether on the facts and in the circumstances of this case is the surplus of ₹ 13,05,144 arising out of the sale of the plant and machinery of the sugar factory chargeable under Section 10(2)(vii) ? - Held that - Even if the sale of the stock of sugar be regarded as carrying on of the business by the company and not a realisation of its assets with a view to winding up, the machinery or plant not being used during the accounting year at all....... + More

  • 1954 (1) TMI 1

    Whether Section 8(5) of the Act is to be regarded as providing the only remedy available to the aggrieved party and that it excludes altogether the remedy provided for under Article 226 of the Constitution? - Held that - For purposes of this case it is enough to state that the remedy provided for in Article 226 of the Constitution is a discretionary remedy and the High Court has always the discretion to refuse to grant any writ if it is satisfied....... + More

  • 1953 (12) TMI 4

    The jurisdiction of the Income-tax Officer, Special Survey Circle, Bangalore, to assess the appellant to income-tax and super-tax on his income accruing prior to 1st April, 1950, in the State of Mysore challenged - Held that - We find nothing in Article 277 of the Constitution to preclude Parliament making a law providing for the levy and collection of income-tax and super-tax under the Mysore Act through authorities appointed under the Indian In....... + More

  • 1953 (12) TMI 3

    Whether Rajasthan became taxable territory during the financial year in this case, i.e., 1949-50? - Whether the petitioner must be held to be immune from liability to assessment on the income of that year? - Held that - The difference in the constitutional position which previously existed between the Provinces and the acceding States has thus disappeared except, of course, in regard to matters in which such distinction has been preserved by the ....... + More

  • 1953 (12) TMI 2

    Whether Section 42(1) of the Indian Income-tax Act has application to the case of a resident assessee or whether its scope is limited to non-resident assessee alone? - Held that - The answer returned by the High Court of Bombay to the question referred to it was wrong. We therefore allow this appeal with costs and answer this question referred to the High Court in the affirmative........ + More

  • 1953 (12) TMI 1

    Whether in view of the finding of fact in this case that the entire profits were received in India and the company is liable to tax under Section 4(1)(a) of the Act, the provisions of Section 42(1) have any relevancy ? - Can the income received in India be said to arise in India within the meaning of Section 4A(c)(b) of the Act ? If not, should only those profits determined under Section 42(3) as attributable to the operations carried out in Indi....... + More

  • 1953 (10) TMI 9

    Whether the first three items are receipts from business carried on by the company? - Whether those three items are receipts by a trade or professional or similar association performing specific services for its members for remuneration definitely related to those services? - Held that - All the items of receipts from members referred to in the questions were received by the company from business with its members within the meaning of Section 10(....... + More

  • 1953 (10) TMI 8

    Addition - Indian State, Managing Agent - Commission - whether this whole amount was assessable and secondly whether the firm was entitled to exemption of the sum of Rs. 81,023 - Upon the first question both the learned Judges agreed that the sum of Rs. 2,20,702 was rightly assessed to tax, in that there was nothing to prevent the firm from drawing the amount from the company which stood credited in their favor - It is contended that this commiss....... + More

  • 1953 (10) TMI 7

    Whether there is any material for the Tribunal s finding that the appellants (respondents in this case) were being assessed on cash basis in the prior years ? - Whether on the facts and in the circamstances of the case the Appellate Tribunal s finding that the sum of ₹ 2,26,850 could not be assessed for the assessment year 1942-43 is correct in law ? - Held that - The sum had irrevocably entered the debit side of the company s account as a ....... + More

  • 1953 (10) TMI 6

    Whether in the facts and circumstances of this case, the Income-tax Appellate Tribunal was right in disallowing ₹ 2,00,000 as a deduction under Section 10(2)(xv) of the Indian Income-tax Act? - Held that - The High Court was right in the conclusion to which it came that there was uncertainty as regards the beneficiaries and there was an absence of any obligation to grant any pension with the result that no legal and effective trust could be....... + More

  • 1953 (10) TMI 5

    Whether in the circumstances of the case any income arose to the assessee as a result of the transfer of shares and silver bars to the trustees ? - Whether the method employed by the Appellate Assistant Commissioner and upheld by the Appellate Tribunal in computing the assessee s income from the transfer is the proper method for computing the income ? - Held that - Our answer to the first question is that in the circumstances of this case no inco....... + More

  • 1953 (10) TMI 4

    Whether the amount of ₹ 5,08,637 is a part of the reserves of the assessee company as on 1st April, 1946, within the meaning of rule 2(1) of the Rules in Schedule II to the Business Profits Tax Act? - Whether the profits of the assessee company from 1st January to 1st April, 1946, should be included in the said reserves as on 1st April, 1946? - Held that - The nature of the amount which was nothing more than the undistributed profits of the....... + More

  • 1953 (10) TMI 3

    Whether on the facts and circumstances of this case there is a change in the persons carrying on the business within the meaning of Section 8(1) of the Excess Profits Tax Act, 1940, with effect from 14th April, 1943, when the business, which had previously been carried on in partnership between two Dayabhaga Hindu undivided families, was carried on by a partnership between the separated male members of the two families ? - Held that - We agree wi....... + More

  • 1953 (10) TMI 2

    Whether in the circumstances of the case and on a true construction of Section 4(1)(b) and Section 14(2)(c) of the Indian Income-tax Act, the sum of ₹ 2,20,887 was in law assessable to tax ? - Held that - On the finding of the Income-tax authorities that the 582 bars of silver lying at Bikaner had not been really sold but remained part of the unsold stock of the firm s business at the end of the accounting year, the whole of the profits of ....... + More

  • 1953 (10) TMI 1

    Whether in the facts and circumstances of these cases, the Income-tax Appellate Tribunal was right in holding that the directors of the respondent company had a controlling interest in it as contemplated by Section 2(21) of the Excess Profits Tax Act ? - Held that - We accept this appeal and hold that the answer to the question referred by the Appellate Tribunal to the High Court should be in the negative....... + More

  • 1953 (9) TMI 3

    Whether the sales which produced the surplus were so connected with the carrying on of the assessee s business that it could fairly be said that the surplus is the profits and gains of such business? - Held that - Agreeing with the High Court that there was ample material upon which the Appellate Tribunal could arrive at the conclusion to answer the question in affirmative which they did we dismiss the appeal with costs........ + More

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