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Showing 101 to 111 of 111 Records
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1973 (7) TMI 11 - KARNATAKA HIGH COURT
Mysore Agricultural Income Tax Act - petitioner is a coffee planter. For the assessment year 1967-68, he was allowed initial and ordinary depreciation allowance on a sprinkler equipment - When depreciation is allowed on machinery acquired under hire purchase agreement, whether the depreciation can be withdrawn by a rectification on the ground that the assessee was not the owner - On this issue two views were possible, so rectification orders were quashed
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1973 (7) TMI 10 - PUNJAB AND HARYANA HIGH COURT
Claim for larger bonus due to the enactment of Bonus Act - "Whether, on the facts and in the circumstances of the case and keeping in view the provisions of the Payment of Bonus Act, 1965, the assessee is entitled to claim deduction of bonus of Rs. 6,200 relating to the financial year 1964-65 for the assessment year 1965-66 ?"
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1973 (7) TMI 9 - MADRAS HIGH COURT
Whether the Tribunal can reject the additional information produced for the first time but goes into the merits of the evidence - whether the assessee-firm is a resident-firm as contemplated in section 4A(b) of the Income-tax Act, the only material that was available before the Income-tax Officer was the statement given by one of the partners - Tribunal cannot refuse to entertain the evidence and at the same time go into its merits - Matter was directed to be reheard by the Tribunal after considering the evidence adduced by the parties before it
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1973 (7) TMI 8 - DELHI HIGH COURT
" Whether Tribunal was right in holding that the provisions of section 23A(1) of the Indian Income-tax Act, 1922, were not applicable to the case of Messrs. Uttam Singh Duggal & Co. P. Ltd., New Delhi, for the assessment year 1955-56 ? " - Whether Tribunal's finding that due to amounts disallowed and amounts remaining uncollected no larger could had been declared by the assessee-company would be justified - Reference answered in the affrimative viz., in favour of the assessee and against the revenue.
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1973 (7) TMI 7 - BOMBAY HIGH COURT
" Whether having regard to the terms of the constitution of the assessee-association the properties of the assessee-association are held under trust or other legal obligation so as to qualify for exemption under section 4(3)(i) ? " - If the constitution of the trust provides for elected standing committee and managing committee for administration of the trust, whether it can claim exemption under section 4(3)(i)
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1973 (7) TMI 6 - BOMBAY HIGH COURT
Burden of proof - taxable territories - burden of proof that the income had been received in the taxable territories was squarely on the revenue. When no such material is produced then the concerned income cannot be brought to tax
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1973 (7) TMI 5 - BOMBAY HIGH COURT
Lump sum received by an employee on termination of employment was originally exempted as capital receipt - Later on a Commission of Enquiry appointed to enquire into the affairs of the company found that the contract of employment was not genuine - whether the Income-tax Officer had jurisdiction to initiate proceedings for reopening the assessment of the petitioner for the assessment year 1950-51, under section 147(a) - whether such initiation of proceedings is justified having regard to the conditions precedent to be fulfilled before the provisions of the said section can be attracted - notice for initiation of reassessment proceedings will have to be upheld in so far as it relates to the item of Rs. 7 lakhs paid by the company to the petitioner - In the result, the petition is dismissed. As, however, made clear earlier the Income-tax Officer will not be entitled in the conduct of the ment proceedings to go into the question of the loan of Rs. 2 lakhs given by the assessee to V. G Pettie and the interest thereon as forming of the assessment during the relevant assessment year
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1973 (7) TMI 4 - BOMBAY HIGH COURT
Assessee, Dilip Kumar Roy, was a disciple of the late Shri Aurobindo. He utilised his talents given to him by the Divine for doing service for the Divine cause. His two main activities were singing bhajans and writing books - Some of his bhajans were recorded and he earned royalty from the same. He also earned royalty from the books. Both these receipts were charged to tax under the head "other sources". He travelled widely not only in India but round the world and sometimes gave lectures on his tour. He attracted several persons towards him, who called him their guru - The department did not produce any evidence to show that the amounts in question were assessee's income – further, conclusion recorded by the Tribunal by wrongly throwing the burden of proof on the assessee is not binding on the High Court
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1973 (7) TMI 3 - BOMBAY HIGH COURT
Industrial Undertaking - trial production of material necessary for manufacture - whether it amounts to commencement of business for the purposes of section 15C - " Whether assessee is entitled to exemption of tax under section 15C of the Indian Income-tax Act, 1922, for the assessment year 1960-61 ? "
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1973 (7) TMI 2 - JAMMU AND KASHMIR HIGH COURT
" (i) Whether, assessee had deliberately furnished inaccurate particulars of his income when he did not show the share income from M/s. Fairdeal Motors, Indore, in the return so as to attract the provision of section 271(1)(c) ? (ii) Whether the procedure for the levy of penalty was legally complied with when the Inspecting Assistant Commissioner did not issue a notice under section 274 before the completion of the assessment ? "
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1973 (7) TMI 1 - KARNATAKA HIGH COURT
Mysore Agricultural Income Tax Act - petitioner was served with a proposition notice under section 19(4) read with section 36 of the Mysore Agricultural Income-tax Act, 1957 - When the proposition notice was issued regarding the assessee being given opportunity of being heard whether the assessment order is valid
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