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Supreme Court Allows Revenue's Appeal in Income Tax Case — Amalgamated Company Must File Return for Pre-Amalgamation Period. Section 153A Notice Validly Issued to Transferor Company Despite Amalgamation, and Failure to File Return Attracts Penalty Under Section 276CC.

The Supreme Court allowed the appeal filed by the Principal Commissioner of Income Tax (Central) against the order of the Delhi High Court, which had ...

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Supreme Court Dismisses Income-Tax Officer's Appeal, Affirming That Notice Under Section 148 of Income-tax Act, 1961 Could Not Be Issued as Right to Reopen Under Section 34 of Income-tax Act, 1922 Was Barred. Section 297(2)(d)(ii) of 1961 Act Does Not Revive Time-Barred Reassessment Powers.

The case involved an income-tax reassessment dispute arising under the Income-tax Act, 1922 and the Income-tax Act, 1961. The respondent, an assessee,...

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Supreme Court Dismisses Revenue's Appeal in Income Tax Matter — Assessee Entitled to Section 25(4) Benefit. Business Was Carried on at Commencement of Amendment Act 7 of 1939, as Determined from Partnership Deed and Interpretation of Commencement Under General Clauses Act.

The dispute arose under the Indian Income Tax Act, 1922, concerning the entitlement of the assessee firm to exemption under section 25(4) for the asse...

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Supreme Court Dismisses Assessee's Appeal in Income Tax Reassessment Validity Dispute. Notice Under Section 34/148 Not Invalidated by Preamble Error or Pending Return.

The appellant was assessed to income tax for assessment years 1945-46 and 1946-47 under Section 23(3) of the Income-tax Act, 1922. On June 24, 1959, t...

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Supreme Court Allows Firm's Registration Under Section 26A of Income-tax Act, 1922 as Partnership Deed Read Reasonably Specified Equal Shares. Specifying Equal Division Among Partners Sufficiently Indicated One-Third Share Each, Satisfying Statutory Requirement for Registration.

Three brothers entered into a partnership in 1949 for doing business. The partnership deed, in clause 3, allotted equal capital to each partner, and c...

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Supreme Court Dismisses Revenue Appeal: Capital Gains Excluded from Dividend Under Section 2(6A) of Income-tax Act, 1922. Assessee's Share of Dividend Derived from Capital Gains Held Not Taxable as Dividend Due to Express Exclusion in the Proviso to Explanation to Section 2(6A)(a).

The case involved assessment year 1949-50 where respondent shareholders received dividends from a company and claimed that the portion distributed out...