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Showing 1 to 20 of 41 Records
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1965 (7) TMI 67
... ... ... ... ..... pick and choose districts, objects, persons, methods, and even rates for taxation if it does so reasonably. (Constitutional law of the United States, page 587). 11. To the same effect is the statement of the Supreme Court in Sakhawant Ali v State of Orissa (A. I. R. 1955 S. C. 166.) The Supreme Court said It is for the Legislature to determine what categories it would embrace within the scope of legislation and merely because certain categories which would stand on the same footing as those which are covered by the legisla....... + More
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1965 (7) TMI 66
... ... ... ... ..... reported in 1965 K. L. J. 438and hold that the revisional power conferred on the Deputy Commissioner by Section 15 cannot be exercised after the expiry of the period mentioned in Rule 33, namely, three years after the end of the assessment year. This restriction on the revisional powers of course will apply only to matters which fall under Rule 33, namely, escaped turnover. There is no dispute in this case that what has been done by the Deputy Commissioner on 28--1--1960 in relation to the assessment year 1955-1956 which e....... + More
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1965 (7) TMI 65
... ... ... ... ..... service till retirement and thus would facilitate the carrying on by the employer of his business without any break or interruption. If, over and above such practice and knowledge, there is proof that the employees would have stipulated for a salary higher than the one which they accepted, because of the expectation, the character of the payment as a business payment is all the more stronger. (Law of Income-tax, fifth edition, volume II, page 1092). 12. Every ex gratia payment to an employee cannot be supported on grounds ....... + More
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1965 (7) TMI 64
... ... ... ... ..... re and, therefore, deductible. When it has been found that the payment was not made wholly and solely for the purpose of the company's business, it would be immaterial even if the payment were found to be of non-capital nature; even then it would not have been deductible. What I have said about the sum of ₹ 18,90,000 applies also in respect of the amount of ₹ 13,300, because the facts of the two amounts must be the same. In the result question No. 4 must be answered in the negative and against the assessee........ + More
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1965 (7) TMI 63
... ... ... ... ..... aimed by him out of the funds in his possession. He has to form his opinion on this question of course, in forming his opinion he must act judicially and not arbitrarily. As the tribunals below have determined the claim raised before them only on the question of jurisdiction to entertain it and not on the merits, we are unable to pass any effective order in favour of the appellant. The orders passed by the Custodian and the Custodian General must therefore be set aside and the proceeding remanded to the Custodian to determ....... + More
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1965 (7) TMI 62
... ... ... ... ..... ure was made to preserve rather than to create turnover wrong to say that no fresh asset was created ; the contrary is clearly the cast this evidence does not deal with the question of transience at all. So I cannot obtain any guidance from accountancy considerations. I would add that in Bolam's case (supra) also some reliance was placed on accountancy evidence but that evidence was inconclusive and, as I read the judgment of Danckwerts, J., he did not rely upon it. I come, therefore, to the conclusion that the indicat....... + More
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1965 (7) TMI 61
... ... ... ... ..... n that matter.' If the Tribunal has to make a fresh enquiry leading to the admission of fresh evidence on the record, then this direction offends against the ruling of this court in Jehangir Vakil Mills case 1959 37 I.T.R. 11 ; 1960 1 S.C.R. 249. If, however, the direction be interpreted to mean that the Tribunal in giving the finding must confine itself to the facts admitted and/or found by it, the direction cannot be described as in excess of the jurisdiction of the High Court. It would have been better if the High C....... + More
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1965 (7) TMI 60
... ... ... ... ..... continued, in an income tax sense, in other hands, after nationalisation and accordingly that the expenditure was incurred for the puprose of preventing a change of ownership. This amount was thus incurred for carrying on the business of the company and for no other purpose. It was, therefore, expended wholly and exclusively for the purpose of the business of the assessee-company and had, therefore, been rightly allowed by the Tribunal. That being so, and as conceded by the learned counsel for the department, the other ite....... + More
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1965 (7) TMI 59
... ... ... ... ..... at the system of re- opening accounts does not fit in with the scheme of the Income-tax Act and, as far as the receipts are concerned, there can be no reopening of accounts and the position is the same in respect of expenses. The claim to deduction, therefore, is only admissible in the year when the liability under the award is finally determined. The Nagri Mills case 1958 33 I.T.R. 681, though not specifically considered by the Supreme Court, must be taken to have been overruled by necessary implication as that case proce....... + More
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1965 (7) TMI 58
... ... ... ... ..... v. Union of India 3 S.C.R. 718 that it is open to the Customs Authorities to impose any of the alternative penalties under s. 167(8) even though the amount of it exceeds the amount of the maximum in the other alternative. The amount of penalty was therefore not limited to ₹ 1,000 only. The penalty imposed is not said to exceed three times the value of the goods exported unauthorizedly. It follows that the amount of penalty imposed by the Additional Collector of Customs was legal and that its reduction to ₹ 1,00....... + More
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1965 (7) TMI 57
... ... ... ... ..... expediency. If the outgoing or expenditure is so related to the carrying on or conduct of the business, that it may be regarded as an integral part of the profit-earning process and not for acquisition of an asset or a right of a permanent character, the possession of which is a condition of the carrying on of the business, the expenditure may be regarded as revenue expenditure. We have already pointed out that, on the facts and circumstances of the case, in our opinion, the expenditure has no relation whatsoever to the ca....... + More
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1965 (7) TMI 56
Whether the constitution of the firm has undergone any change after the issue of the quota certificate to the firm ? If so, quote No. and date of orders issued by the appropriate authority sanctioning transfer of quota rights in favour of the applicant? Held that:- the approval of the Chief Controller under Instruction 71 is a mere recognition of the division made by the partners of a dissolved firm by agreement between themselves and in that view the recognition must clearly relate back to the date of the agreement. Further when the Chief Con....... + More
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1965 (7) TMI 55
... ... ... ... ..... ell Oil Distributing Company. It cannot be said that the improvements that have been effected on the land consisting of filling up the ditches and raising the land and of constructing a wall are not of a capital nature. Even so, it is suggested that, because the assessee had only leave and licence over the land, the rule that expenses in the nature of capital expenditure should not be deducted in computing the assessable income should not be applied. We are unable to accept this contention. The changes effected were of an ....... + More
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1965 (7) TMI 54
... ... ... ... ..... to above the order to be passed in this case must proceed on the lines on which Civil Writ No. 2073 of 1964 was disposed of. It has already been held in the above-mentioned case that once a Sales Tax Officer issues a notice and returns are filed before him in pursuance of the said notice and he is then seized of the matter, no other Sales Tax Authority, even if he has inherent jurisdiction, can proceed with the assessment on the basis of those returns without first obtaining a formal order of transfer of the case from the ....... + More
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1965 (7) TMI 53
... ... ... ... ..... rst place this notification was issued by the Board of Revenue and not by the State Government and as such it was not a notification issued under section 6 of the Madras General Sales Tax Act, 1939, which empowers the State Government by a notification in the Gazette to make an exemption or reduction in rate in respect of any tax payable under that Act. Even otherwise, the notification in terms applies only to non-resident dealers as are liable to pay the Andhra sales tax but in the instant case, the petitioner is not a no....... + More
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1965 (7) TMI 52
... ... ... ... ..... ount as Government may, by Notification in the Gazette, specify from time to time shall, if they so direct, be levied on all liquors and intoxicating drugs permitted to be imported, exported, transported, manufactured, issued from any manufactory or institution or sold, under the provisions of this Act or any rule, notification, licence or permit issued thereunder. It is clear from the above that duty can be imposed under the Travancore-Cochin Prohibition Act, 1950, on medicinal and toilet preparations . So by virtue of se....... + More
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1965 (7) TMI 51
... ... ... ... ..... esent case is a typical instance of the arbitrary manner in which some Sales Tax Officers proceed in their zeal to recover sales tax from dealers in utter disregard of the provisions of the Sales Tax Act. In this case the Sales Tax Officer followed a procedure which, if it be the practice in the Sales Tax Department, has to be strongly condemned. This Court desires it to be understood that it deprecates and strongly disapproves of any Sales Tax Officer acting in the manner that the Sales Tax Officer did in the present case....... + More
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1965 (7) TMI 50
... ... ... ... ..... f the judgment of the trial Court, beyond a submission of the learned advocate for the appellant, that the respondent No. 4 imposed the penalty without dealing with the grounds for extension of time to file the returns. The trial Court had taken that contention into consideration and had refused to interfere with the order of the respondent No. 4 regarding the penalty imposed. We see no reason to interfere with the judgment of the trial Court on the question of the penalty imposed. 17.. These are the only grounds which wer....... + More
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1965 (7) TMI 49
... ... ... ... ..... nt year. It was held that the only notice required by the statutory provision was to enable the assessee to prove the correctness or completeness of the return filed by him, and not a second notice to participate in the enquiry, if any, made by the officer before passing the best judgment assessment. Section 7(3) and its proviso were held to specifically provide for an opportunity of hearing only at one stage of the proceeding. When there is a specific statutory provision, the principles of natural justice are not attracte....... + More
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1965 (7) TMI 48
... ... ... ... ..... uthorities, collecting the said tax for and on behalf of the State at multi-points. There has been considerable difference of opinion among the High Courts about the true construction of section 8(2), but none of them has relied on section 9 of the Central Act. Therefore, it is not necessary to refer to the cases cited before us. 8.. It is agreed that by virtue of the notification under section 6 of the General Sales Tax Act, 1125, the petitioner would not have been liable to sales tax under that Act if the sales in questi....... + More
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