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Supreme Court Partially Allows Assessee's Appeal in Income Tax Deduction Dispute. Royalty Payments on Sugar Manufacture Held Revenue Expenditure Under Section 10(2)(xv) of Income Tax Act, 1922, While Monopoly Rights Payment Held Capital....

The case involved appeals by certificate from a judgment of the Rajasthan High Court in an income tax reference. The appellant assessee, a public company engaged in the manufacture and sale of sugar a...

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Supreme Court Allows Revenue Appeal in Income Tax Benami Investment Case; Tribunal's Finding Based on Inadmissible Evidence and Surmises Set Aside. Rs. 10,80,000 Share Investment Treated as Undisclosed Income of Assessee Under Income-tax Act, 1922, as Tribunal Failed to Consider Relevant Material and Drew Improper Inferences....

This was an appeal by the Commissioner of Income Tax, Bihar and Orissa, against a judgment of the Patna High Court which had answered a reference under Section 66(2) of the Income-tax Act, 1922 in fav...

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Supreme Court Dismisses Revenue Appeal in Income Tax Matter Concerning Super-Tax on Undistributed Profits of Private Company. Dividends Declared After Twelve-Month Period but Before Section 23A(1) Order Must Be Deducted While Computing Undistributed Balance Under Indian Income Tax Act, 1922 to Avoid Double Taxation....

Background: The case concerned the interpretation of Section 23A(1) of the Indian Income Tax Act, 1922, which imposed additional super-tax on private companies that did not distribute sufficient divid...

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Supreme Court Dismisses Assessee's Appeals in Income Tax Penalty Case for Concealed Business Profits. Penalty Proceedings Under Section 271(1)(c) of Income Tax Act, 1961 Validly Initiated Where Income Tax Officer Had Satisfaction During Assessment Even if Notice Issued Later....

Background: The dispute arose from penalty proceedings under Section 271(1)(c) of the Income Tax Act, 1961 for four assessment years 1959-60 to 1962-63. The assessee, an individual, had income from se...

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Supreme Court Dismisses Municipal Council's Appeals in House Tax Validation Case. No Charging Provision Existed After Rule 2(c) Was Struck Down; Validating Act Did Not Resurrect It, So Levy and Collection of House Tax on Mills and Factories Were Unlawful....

The dispute concerned the levy of house tax by the Barsi Municipal Council on mills, factories and buildings connected therewith belonging to Lokamanya Mills and other respondents. Until 1947, the Mun...

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Supreme Court Upholds Sales Tax Officer's Reassessment Notice Under Orissa Sales Tax Act, 1947 Despite Absence of Reasons. Notice Under Section 12(8) Need Not State Reasons for Belief of Escaped Turnover; Assessee Must Be Given Opportunity to Meet Material Used at Assessment Stage....

These appeals by special leave arose from a common judgment of the Orissa High Court which allowed writ petitions filed by the respondent-assessee and quashed a reassessment notice issued under Sectio...

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Supreme Court Upholds Defendant-Appellant in Muslim Law Partition Suit Based on Estoppel from Relinquishment Deeds. Prior Relinquishment of Spes Successionis for Consideration and Conduct Creates Equitable Estoppel Under Section 115 Evidence Act, Barring Claim to Inheritance....

The Supreme Court adjudicated a partition suit among Muslim family members concerning inherited properties. The dispute arose after the death of Kadir Ali Bohra on 5-4-1952, who left behind five sons,...

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Supreme Court Dismisses Tenant's Appeal in Transfer of Property Act Dispute Over Manufacturing Lease. Court Holds That Month's Notice Terminating Tenancy Was Valid as Tenant Failed to Prove Dominant Purpose Was Manufacturing Under Section 106 of Transfer of Property Act, 1882....

The dispute concerned an open piece of land in Bombay originally owned by Sir Shapurji Bharucha Mills Co. Ltd. and later purchased by Bharat Insurance Co. Ltd. in 1953. In 1947, the land was leased to...