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Supreme Court Dismisses Assessee’s Appeal in Income Tax Excess Dividend Case — Interpretation of 'Rate Applicable to Total Income' Under Finance Act, 1951. The rate applicable is the rate actually applied to the company’s taxable income, not the statutory rate prescribed, for computing additional income tax on excess dividend....

The dispute arose from the assessment of Rajputana Agencies Ltd., a private limited company in Saurashtra, for the assessment year 1952-53. The company declared a dividend of Rs. 30,000, out of which ...

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Supreme Court Holds Drivers Liable Under Motor Vehicles Act for Permit Violations, Reversing High Court Decision. Interpretation of Sections 42(1) and 123, Motor Vehicles Act, 1939, Establishes Liability of Driver for Using Vehicle Contrary to Permit Conditions....

The appeals before the Supreme Court arose from a criminal prosecution under the Motor Vehicles Act, 1939, against drivers who were not the owners of the vehicles. The drivers were found driving publi...

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Supreme Court Upholds Revenue Authorities in Income Tax Appeal; Compensation for Premature Termination of Trading Contract is Taxable Revenue Receipt. The Court Held That Rs 2,50,000 Paid as Solatium for Cancellation of Limestone Supply Agreement Constituted Income Under Indian Income-tax Act, 1922....

This appeal before the Supreme Court of India arose from a reference under Section 66(1) of the Indian Income-tax Act, 1922 regarding the taxability of Rs 2,50,000 received by the respondent assessee....

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Supreme Court Upholds Taxability of Voluntary Payments as Income from Vocation. Teaching Vedanta Constitutes a Vocation Under Section 10 of Income-tax Act, 1922, and Voluntary Gifts from Disciple Are Taxable as Income....

The assessee, a retired Superintendent of Police from the former Travancore State, spent his time after retirement in 1940 studying Vedanta philosophy and expounding it to interested persons. He gathe...

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Supreme Court Reverses High Court and Holds That Renewed Lease by Former Partners Is Not an Asset of Dissolved Partnership. Since fiduciary relationship ended with original lease and partnership, Section 88 of Indian Trusts Act, 1882 did not apply, and factual circumstances rebutted the equitable presumption that renewal enured to benefit of all partners....

The dispute arose between former partners who had jointly carried on salt manufacturing business under a 17-year lease from the Government. The appellant and the father of defendants 2 to 7 had obtain...

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Supreme Court Upholds Revenue in Excess Profits Tax Deduction Dispute. Managing Agent's Commission on Net Profits Must Be Computed After Deducting Excess Profits Tax as Net Profits Mean Divisible Profits....

The dispute arose in the course of excess profits tax assessment of The Delhi Flour Mills Co. Ltd., which had appointed a firm as its managing agents under an agreement made in 1936. The agreement pro...

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Supreme Court Upholds Income Tax Department's Assessment of Cloth Distribution Profits as Business Income Not Exempt Under Income-tax Act. Profits Arising from Cloth Distribution Scheme Financed and Worked by Assessees Held Taxable as Business Income, Not Exempt Under Section 4(3)(i-a) of the Indian Income-tax Act, 1922 as it was not a charitable institution....

This appeal by special leave before the Supreme Court concerned the taxability of profits derived from a cloth distribution scheme devised by the Deputy Commissioner of Amraoti. The assessees, Messrs....

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Supreme Court Dismisses Assessee's Appeal Against Inclusion of Interest Credits as Taxable Income Under Section 4(1)(a) of Income-tax Act, 1922. Mercantile System Credit Entries for Interest from Own Shop in Native State Treated as Income Received in British India....

The assessee, ordinarily resident in British India, carried on business at Khurja and Aligarh in India and at Chistian in the Indian State of Bahawalpur. He maintained a central set of accounts at Khu...

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Supreme Court Upholds Legal Representative's Right to Continue Criminal Revision in Cheating Conviction Despite Death of Convict. High Court's Order Limiting Revisional Jurisdiction to Sentence of Fine Set Aside as Section 431 of Code of Criminal Procedure, 1898 Does Not Apply to Revisions Under Section 439....

The appeal arose from a criminal revision pending before the Calcutta High Court. The original accused, Sailendra Sundar Mitra, was an employee of B.N. Railway, tried for cheating under Section 420 of...