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Supreme Court Dismisses Revenue's Appeal on Carry Forward of Losses Under Income-tax Act, 1922. Loss Sustained by Partner in Dissolved Firm Can Be Set Off Against Profit from Another Firm if Same Business Continued by Assessee....

This appeal by the Commissioner of Income-tax arose from a dispute over the carry forward and set-off of business losses under the Income-tax Act, 1922. The assessee, an individual, was a partner in t...

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Supreme Court Allows Predeceased Son's Widow's Appeal Against Trespasser; Holds Right to Maintenance and Possession Not Defeated by Another Heir's Compromise. Widow's Possession in Lieu of Maintenance Protected Against Trespasser; Compromise by Another Widow Does Not Vest Trespasser with Ownership Rights Without Securing Maintenance....

The dispute arose from the estate of Jangi Jogi, who had inherited certain properties. His son Laldas died in 1945 leaving his widow Rani Bai (the appellant). Jangi Jogi married Jugli Bai in 1948 and ...

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Supreme Court Upholds Assessment of Hindu Deities as Individuals under Income-tax Act. Hindu Idol is Juristic Entity and "Individual" in Section 3 Includes Artificial Juridical Persons....

The case arose from income-tax assessment proceedings concerning the income from properties of two Hindu deities. The Income-tax Officer had initially assessed such income in the hands of the shebaits...

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Supreme Court Dismisses Appeal Against Cancellation of Stage Carriage Permit for Procedural Irregularity. RTA Must First Determine Need Under Section 47(3) of Motor Vehicles Act, 1939 Before Entertaining Permit Applications for New Routes....

The case involved a challenge to the grant of a stage carriage permit on a new route under the Motor Vehicles Act, 1939. The appellant, an operator, applied to the Regional Transport Authority for a p...

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Supreme Court Allows Revenue's Appeal Against Income-tax Appellate Tribunal Order Amalgamating Income of Two Assessment Years. Tribunal's Direction to Reassess for 1952-53 and Allowance for Intangible Additions Held Without Jurisdiction Under Section 33(4) of Income-tax Act, 1922....

The appeal arose from income-tax assessments for the years 1952-53 and 1953-54 of the respondent-firm. For 1952-53, the Income-tax Officer (ITO) assessed the firm as a registered firm with an addition...

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Supreme Court Partially Allows Assessee's Appeals in Reassessment Case Under Income-tax Act, 1922. Reassessment Under Section 34(1)(a) Held Invalid for Two Assessment Years as No Obligation on Taxpayer to Disclose Minor's Income Liable to be Included Under Section 16(3), But Inclusion of Minor's Income Valid Despite Separate Assessment....

The Supreme Court of India dealt with appeals regarding reassessment proceedings initiated against Muthiah Chettiar for failure to include the income of his minor sons from a firm in his individual as...

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Supreme Court Dismisses Revenue's Appeal, Upholds Inclusion of Share Premium in Paid-Up Capital for Super-Tax Rebate under Finance Acts. Share Premium Account Maintained as Identifiable Separate Account within Reserves Qualifies for Inclusion under Explanation to Paragraph D of Part II of Finance Acts 1956 and 1957, Not Barred by Companies Act 1956....

The Allahabad Bank Ltd., a public limited company with paid-up share capital of Rs. 30,50,000, had issued shares at a premium before January 1, 1954, receiving cash premiums aggregating Rs. 45,50,000....

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Supreme Court Upholds Mortgagors' Right to Restoration of Land Under Debt Relief Act Despite Land Reforms Act Declaration. Land Reforms Act Declaration of Khalsa Land Did Not Extinguish Mortgagors' Rights When Occupants Were Not Tenants, Permitting Debt Adjustment and Land Restoration Under Saurashtra Agricultural Debtors Relief Act, 1954....

The dispute concerned the interplay between the Saurashtra Land Reforms Act, 1951 and the Saurashtra Agricultural Debtors Relief Act, 1954. The respondents, who were Girasdars, had mortgaged their lan...

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Supreme Court Upholds Appeal in Provincial Insolvency Act Case Due to High Court Exceeding Jurisdiction by Reappreciating Evidence. The High Court's limited power under Section 75(1) first proviso does not allow disturbing findings of fact, and a wrong decision on facts is according to law....

The appeal arose from insolvency proceedings in which the petitioning creditor sought annulment of two mortgages executed by the insolvents, one for Rs. 15,000 in favour of the appellant in Civil Appe...