Judiciary

Shree Meenakshi Mills Ltd. vs Commissioner Of Income-Tax (Supreme Court)

Shree Meenakshi Mills Ltd., Madurai Vs. Commissioner Of Income-Tax, Madras (Supreme Court of India)

Expenditure incurred to resist in a civil proceeding the enforcement of a measure-legislative or executive, which imposes restrictions on the carrying on of a business or to obtain a declaration that the measure is invalid would....

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CIT vs Parbutty Churn Law (Calcutta High Court)

Commissioner Of Income-Tax vs Parbutty Churn Law (Calcutta High Court)

Under Income-tax Act the annual value of the property is to be taken as a sum which the property might reasonably be expected to fetch. The annual value is no doubt a hypothetical sum. But what is to be taken into consideration is the whole of the consideration which the landlord receives from the tenant for his right to use and occupy t...

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CIT v. Malayalam Plantations Ltd. (Supreme Court of India)

Commissioner Of Income-Tax, Kerala Vs. Malayalam Plantation Ltd. (supreme Court of India)

For the two accounting periods the assessee, a resident company, incorporated outside India paid -estate duty payable on the death of its certain share holders not domiciled in India and debited the said amounts to revenue in its accounts in ascertaining the profits and gains of its business for the said years. ...

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All India Reporter Ltd. v. Ramchandra D. Datar AIR 1961 SC 943

All India Reporter Ltd., Nagpur vs Ramachandra Dhondo Datar (Supreme Court of India)

In a civil suit the respondent obtained a decree against his employer the appellant company for a sum which included com- pensation for wrongful termination of his service, arrears of salary, interest and costs of the suit, and then applied for execution of the decree....

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For Reassessment Issue of notice U/s. 148 is mandatory

Y. Narayana Chetty Vs. Income-tax Officer Venkatarama Aiyar, Gajendragadkar and Sarkar jj. (Supreme Court of India)

Y. Narayana Chetty Vs. ITO (Supreme Court) The notice prescribed by section 148 cannot be regarded as a mere procedural requirement. It is only if the said notice is served on the assessee that the ITO would be justified in taking proceedings against the assessee. If no notice is issued or if the notice issued is shown to be invalid, then...

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Obvious mistake of law cannot be rectified U/s. 154, while mistake apparent from record can be rectified

M. K. Venkatachalaivi, I.T.O and Another Vs. Bombay Dyeing and Mfg. Co., Ltd. (Supreme Court of India)

Held, that the Income-tax Officer was justified in exercising his powers under s. 35 and rectifying the mistake. As a result of, the legal fiction about the retrospective operation of the Amendment Act, the subsequently inserted proviso must be read as....

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Gemini Pictures Circuit Ltd. V. CIT (Madras High Court) 33 ITR 547 ( Mad.)

Gemini Pictures Circuit Ltd. vs Commissioner Of Income-Tax (Madras High Court)

The question arising for consideration both in the reference under section 66(2) of the Indian Income-tax Act as well as in W.P. No. 925 of 1955 are identical and relate to the proper rule to be applied for determining the amortisation of films for computing the income, profits and gains of the assessee which is carrying on business as a ...

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If Assessee denies receipt of income, it is for the revenue to prove the receipt

R. B. N. J. Naidu vs Commissioner Of Income-Tax (ITAT Nagpur)

In pursuance of the direction of this Court under Section 66(2), Indian Income-tax Act, 1922, in Miscellaneous Civil Case No. 143 of 1950, the Income-tax Appellate Tribunal, Bombay, has submitted the statement of case on the following question of law : "Whether on the material on record the Appellate Tribunal could reasonably come to a fi...

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Income estimate by applying a flat rate can be fair if AO exercises his judgment reasonably and not arbitrarily

Commissioner Of Income-Tax Vs S. Sen And Others. (Orissa High Court,)

CIT v. S Sen & Others (Orissa High Court) 17 ITR 355 (Orissa) The proceeding arises out of two application consolidated because of the facts being identical, by the Commissioner of Income-tax/Excess profits Tax, Bihar and Orissa, under Section 66(1) of the Income-tax Act read with Section 21 of the Excess profits tax Act for the stating ...

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