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Showing 61 to 67 of 67 Records

• 1969 (7) TMI 7
  

  Whether, in the facts and circumstances of the case, the life insurance premia and interest thereon paid by cheque on the assessee's overdraft account with the State Bank of India was allowable as a debt under section 2(m) of the Wealth-tax Act - Held, no

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• 1969 (7) TMI 6
  

  Application for Reference - Procedure - Whether the conclusion of the Tribunal that the expenditure was wholly and exclusively incurred for the purpose of maintaining the goodwill and reputation of the assessee-company was based on no evidence or was perverse in the accepted sense of the term - case remanded

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• 1969 (7) TMI 5
  
  Issues:
  1. Jurisdiction of High Court under article 226 of the Constitution versus alternative remedy of appeal under section 33B of the Income-tax Act.
  2. Adequacy of opportunity given to the appellant before the order under section 33B of the Act was made.
  3. Validity of service of notice under section 33B and applicability of civil procedure rules.
  
  Analysis:
  
  The judgment revolves around the appellant's appeal regarding the cancellation of assessment orders under the Income-tax Act, 1922. The primary issue raised is whether the appellant was entitled to invoke the special jurisdiction of the High Court under article 226 of the Constitution or if an appeal under section 33B of the Act would have been more appropriate. The court emphasized that when an alternative and equally efficacious remedy is available, the litigant should pursue that remedy rather than seek a writ. The court cited previous cases to highlight that the High Court's extraordinary jurisdiction should be reserved for cases involving fundamental rights or jurisdictional errors by taxing authorities.
  
  Regarding the adequacy of the opportunity given to the appellant, the court found that the appellant had been provided with a chance to be heard before the order under section 33B was made. The appellant's claim of not being aware of the notice was contradicted by evidence showing that notices were sent to her address and attempts were made for personal service. The High Court concluded that the appellant had refused to accept the notice, indicating that she was aware of the proceedings, thus fulfilling the requirement of providing an opportunity to be heard.
  
  The judgment also delved into the validity of the service of notice under section 33B and the applicability of civil procedure rules. While the appellant argued that the service of notice by affixing did not strictly adhere to civil procedure rules, the court clarified that section 33B did not explicitly require such strict notice procedures as in other sections of the Act. The High Court's examination of the evidence led to the conclusion that the appellant had indeed been given an opportunity to be heard before the order was issued, thereby upholding the validity of the service of notice under section 33B.
  
  In conclusion, the court dismissed the appeal, affirming that the appellant was not entitled to any relief. The judgment highlighted the importance of exhausting alternative remedies before seeking extraordinary jurisdiction and emphasized the necessity of providing adequate opportunities for the parties involved in tax assessment proceedings.

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• 1969 (7) TMI 4
  

  Assessment made on the assessee in the status of a HUF in respect of income received by him as receiver could be justified notwithstanding the provisions of s. 41 - once valid proceedings are stated u/s. 34(1)(b) the ITO had not only the jurisdiction but it was his duty to levy tax on the entire income that had escaped assessment during that year - hence assessment made u/s. 34 is valid in law - assessee is not entitled to set off sum paid to the minors

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• 1969 (7) TMI 3
  

  Whether the surplus realised by the sale of the shares of Aluminium Corporation of India Ltd., J. K. Investment Trust and Raymond Woollen Mills amounting in the aggregate to Rs. 3,99,587 or any part thereof was the revenue income of the assessee liable to tax under the Income-tax Act, 1922 - Held, Yes - Assessee's appeal dismissed

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• 1969 (7) TMI 2
  

  Capital gains - proportionate share of the capital gains out of which the dividend was distributed to the shareholders of the company must be deemed exempt from liability to pay tax under s. 12 as dividend income liable to tax - Revenue's appeal dismissed

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• 1969 (7) TMI 1
  

  Whether the search was mala fide - In the absence of anything to show that the documents seized were either replaced or tampered with, the irregularity of failing to place identification marks on several documents will not by itself supply a ground for holding that the search was mala fide - Revenue's appeal allowed by way of remand

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