Search Results for "Income Tax Act, 1922"

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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 Upholds Assessee's Choice of Previous Year for Newly Taxable Income under Income Tax Act, 1922. Income from Sources Outside Taxable Territories Not Previously Assessed to Tax Did Not Trigger Proviso to Section 2(11)(i)(a), Allowing Different Previous Year.

The dispute arose under the Indian Income Tax Act, 1922 concerning the determination of the 'previous year' for the assessment year 1950-51. The asses...

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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...

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Supreme Court Upholds Tax Authorities in Income Tax Case Regarding Refund of Excess Profits Tax. Repayment of excess profits tax received by a company in England deemed income under Section 11(14) of Indian Finance Act, 1946, irrespective of territorial source.

The appellant, McGregor & Balfour Ltd., a company incorporated in the United Kingdom with its head office there, also carried on business in India. In...

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Supreme Court Upholds Tribunal and High Court Decision That Income-Tax Officer Cannot Assess Same Income Both Individually and as Unregistered Firm. Assessment of Unregistered Firm Invalid After Option Exercised to Assess Partners Under Income-tax Act, 1922, Section 23(3).

The dispute arose out of assessment proceedings for the assessment year 1954-55 involving three individuals, M, P and G, who carried on business in se...

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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 Hears Appeal on Whether Income Received by Non-Resident via Cheques Sent by Post Is Taxable in British India. High Court Had Held Post Office as Agent and Income Taxable.

The assessee, a non-resident textile manufacturer with offices at Indore and Bombay, supplied goods to the Indian Stores Department, Government of Ind...

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Madras High Court Allows Revenue's Appeal on Retrospective Registration Under Section 12AA of Income Tax Act, 1961 — Tribunal's Retrospective Grant Set Aside. Registration Under Section 12AA Can Only Be Prospective from Date of Application, Not Retrospective.

The case involves an appeal by the Commissioner of Income Tax, Chennai against the order of the Income Tax Appellate Tribunal (ITAT) dated 09.08.2011....