Home Case Index All Cases Income Tax Section Wise 1971 1971 (12) This

Law	-- All -- GST Income Tax Benami Property Customs Corporate Laws Securities / SEBI Insolvency & Bankruptcy FEMA PMLA Service Tax Central Excise CST, VAT & Sales Tax Wealth tax Indian Laws
Court	-- Any -- Supreme Court SC Orders / Highlights High Court Appellate Tribunal Tribunal Appellate authority for Advance Ruling Advance Ruling Authority National Financial Reporting Authority Competition Commission of India ANTI-PROFITEERING AUTHORITY Commission Central Government Board DISTRICT/ SESSIONS Court Commissioner / Appellate Authority Other
Citation	--Year-- 2024 2023 2022 2021 2020 2019 2018 2017 2016 2015 2014 2013 2012 2011 2010 2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 1996 1995 1994 1993 1992 1991 1990 1989 1988 1987 1986 1985 1984 1983 1982 1981 1980 1979 1978 1977 1976 1975 1974 1973 1972 1971 1970 1969 1968 1967 1966 1965 1964 1963 1962 1961 1960 1959 1958 1957 1956 1955 1954 1953 1952 1951 1950 Upto 1949 - -Volume- 1 2 3 4 5 6 7 8 9 10 11 12 -
Landmark	Nil - N/A Referred in >= 3 Cases Referred in >= 4 Cases Referred in >= 5 Cases Referred in >= 10 Cases Referred in >= 15 Cases Referred in >= 25 Cases Referred in >= 50 Cases Referred in >= 100 Cases
Order by	TMI Citation Date of Decision

Advanced Search Options

Case Laws

Showing 61 to 80 of 81 Records

• 1971 (12) TMI 21 - ANDHRA PRADESH HIGH COURT
  

  Assessee secured sole right to clear the goods of one through Mineral Products & Co. of Calcutta - Whether the commission paid by the assessee to the Mineral Products & Co. was allowable as a business expense laid out wholly and exclusively for the purpose of its business - benefit acquired was during the course of business in relation to one of the many transactions of the assessee and it had lasted only for a short duration with no permanent lasting benefit to the assessee. Therefore, the expenditure cannot be treated as capital in nature

  ---

• 1971 (12) TMI 20 - KERALA HIGH COURT
  

  Acquisition of land - award was made subsequently - Whether Tribunal was justified in holding that the amount received by the assessee by way of interest till the date of the award is capital receipt - we are unable to hold that the amount paid to the assessee and allowed by the Tribunal as a deduction represented anything other than compensation for deprivation of property. The property was not vested in the Government till the award was passed on August 31, 1962. The nature of the possession changed from that date and, we think, the Tribunal refused to allow deduction of interest payable from that date till September 6, 1962, rightly

  ---

• 1971 (12) TMI 19 - KERALA HIGH COURT
  

  Effect of repeal of the Act of 1922 and omission of section 137 of Income-tax Act, 1961 on the privilege of documents

  ---

• 1971 (12) TMI 18 - RAJASTHAN HIGH COURT
  

  Manufacture was outside the taxable territory but sale was within the taxable territory - All amounts except that received by cheques drawn by buyers in British India and collected through assessee's bankers in Indian State are received in British India and therefore such items of income are liable to tax – Whether Tribunal rightly held that the point regarding the jurisdiction raised by the assessee-firm was an objection regarding the place of assessment and that no appeal could lie to the Appellate Assistant Commissioner and the Tribunal on the point – held that objection to the jurisdiction was actually an objection to the place of assessment which could not be raised in an appeal to the Appellate Assistant Commissioner or the Appellate Tribunal

  ---

• 1971 (12) TMI 17 - KERALA HIGH COURT
  

  Whether, on the facts and in the circumstances of the case, the super-tax levied under section 23A on the assessee for the assessment year 1960-61 is in accordance with law - For the purpose of s. 23A(1), it is the commercial profit of the assessee that has to be considered and not the total income computed under Income-tax Act – held that levy of super-tax was not justified

  ---

• 1971 (12) TMI 16 - CALCUTTA HIGH COURT
  

  Firm - death of a partner - partnership deed provides that death of a partner will not dissolve the partnership - A change in the constitution of the firm normally mean every alteration in the set up of the firm, namely, death, retirement, incapacity of partners, etc. Thus there was a change in the constitution of the assessee firm on the death of the partner - petitioner is not entitled to any order in this application. The application, therefore, fails and is accordingly dismissed

  ---

• 1971 (12) TMI 15 - KERALA HIGH COURT
  

  Rectification of Mistakes - Whether rectification proceedings can be initiated to examine whether the provisions of section 54 are applicable in this case - two opinions on the question are certainly possible. Section 154 could not therefore have been invoked

  ---

• 1971 (12) TMI 14 - ALLAHABAD HIGH COURT
  

  Petitioner applied to the Central Board of Revenue under section 34(1B) for a settlement of the matter relating to the assessment -proposed settlement was accepted an order was passed under section 34(1B) as per which the proportion of appreciation in value of shares was to be paid in future - Whether the amount can be demanded without hearing the assessee and whether it could be questioned in a writ - Even if technically it may have been necessary for the Central Board of Revenue to have passed another order quantifying the amount and to give the petitioner an opportunity of hearing before such quantification was made - the petitioners having failed to prove that they suffered any injury or that any legal right of theirs has been affected by the demand made from them, they cannot invoke the extraordinary jurisdiction of this court

  ---

• 1971 (12) TMI 13 - MADRAS HIGH COURT
  

  A return filed by an association of persons can not be treated as a return filed by a firm – contention of the revenue was that there was no return at all by the assessee in this case and that, in any case, the disposal by the Income-tax Officer by noting in his order sheet " N.A " i.e. not assessable, amounted to a termination of the proceedings and that since those returns did not disclose all materials for proper assessment as it came later to light, section 34 was properly invoked - reassessment u/s 34 was valid - reference is answered against the assessee and in favour of the revenue

  ---

• 1971 (12) TMI 12 - KERALA HIGH COURT
  

  Whether, on the facts and in the circumstances of the case, the receipts from the sale of trees of spontaneous growth were assessable to tax and if so, whether assessable under 'Other sources' - Tribunal decided the question against the assessee by holding that the receipts from the sale of the trees is income assessable under the head “Other sources " – now question is answered in negative

  ---

• 1971 (12) TMI 11 - KARNATAKA HIGH COURT
  

  Non filing of return for the subsequent year – only declaration were filed as per section 184(7) – whether registration granted can be continued – Held, no

  ---

• 1971 (12) TMI 10 - ANDHRA PRADESH HIGH COURT
  

  Estate Duty Act, 1953 – Trust – passing of property - Whether, on the facts and in the circumstances of the case, and on a proper interpretation of clause 8(a) of the deed of H. E. H. the Nizam's Pocket Money Trust, the value of the corpus of 20 units allotted to the deceased and the accumulations of income therefrom passed on the death of the deceased – since deceased had not interest in corpus or the income of trust property, there was no passing of property on the death

  ---

• 1971 (12) TMI 9 - ALLAHABAD HIGH COURT
  

  Penalty - concealment of income - fact that the assessee had been guilty of concealment in past years cannot lead to the inference that he is guilty of concealment in the year in dispute. The past record of the assessee was not relevant for the purpose of deciding as to whether there has been such concealment as to warrant imposition of penalty. As has been seen, penalty proceedings being quasi-criminal in nature, the facts necessary to attract the penal provision of section 271 of the Act must be clearly proved in respect of each year.

  ---

• 1971 (12) TMI 8 - GUJARAT HIGH COURT
  

  Trust – object of the trust was establishment of Hindu dharamshala - the use of the trust money in the construction of the new dharamshala – immovable properties acquired out of the accumulated income - it was not an investment of trust fund but it was expenditure in furtherance of the trust objective - whole of the net surplus income of the trust properties was, therefore, clearly applied to the charitable purposes for which the trust properties were held by the trustees and was accordingly exempt from tax under section 11, sub-section (1), clause (a)

  ---

• 1971 (12) TMI 7 - KERALA HIGH COURT
  

  This is not a case where there is such dearth of material. The document has used the word "kalakshepam" which definitely and undisputedly indicated the purpose of the gift. The donor at that time was advanced in age. His son was studying in an important college in the city of Madras. The word has been understood by the Tribunal as including not only the general needs of the son but also his educational needs. We are not prepared to say that the meaning attributed to the word in the context in which it was used in the document and in the circumstances in which the document was executed is wrong and we have not been shown any decisive meaning of the word "kalakshepam" which compel us to take a different view. - Answered in favor of assessee

  ---

• 1971 (12) TMI 6 - DELHI HIGH COURT
  

  "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the Income-tax Officer, while passing the order under section 155 of the Act, was not justified in treating the share income of profit from the partnership firms as unearned ?" - Held that: It also held that, in any event, this was not a mistake which was apparent from the records but the Tribunal did not upset the order of the Appellate Assistant Commissioner and in a way actually affirmed the same, by observing that it was conceded by the departmental representative that earned income relief was allowed to the assessee in the past in respect of his share income from various out-station firms.

  ---

• 1971 (12) TMI 5 - DELHI HIGH COURT
  

  Appealable order - Income-tax Officer's order refusing registration or continuation of registration without giving an opportunity to rectify the defect in impugned order - Under section 246(j), an order refusing to register a firm under clause (b) of sub-section (1) or under sub-section (1) of section 185 is an Appealable order before the Appellate Assistant Commissioner

  ---

• 1971 (12) TMI 4 - ALLAHABAD HIGH COURT
  

  Estate duty Act - Estate of the deceased – Whether the Board were justified in holding that all the properties were correctly included in the estate duty assessment of the deceased as property which belonged to the deceased in his individual capacity - mere existence of a joint family property does not leads to a conclusion that the property held by a member of the family is joint

  ---

• 1971 (12) TMI 3 - DELHI HIGH COURT
  

  Legal expenses in appeal and in connection with settlement of old assessment with the Directorate of Inspection - professional fees paid to chartered accountants in connection with representation to the Central Board of Revenue- allowable as business expenditure u/s 10(2)(xv) of Indian Income-tax Act, 1922

  ---

• 1971 (12) TMI 2 - ALLAHABAD HIGH COURT
  

  Whether Tribunal was right in holding that the unpaid income-tax liability was allowable as a debt within the provisions of the Wealth-tax Act – Held, yes, but the assessee became liable to pay the installments as and when they fell due

  ---

12345