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Supreme Court Reviews Accrual of Income Under Income-tax Act, 1922 for Part B State Assessee. The core legal question is whether profits of a selling agent based in a Part B State accrue in that state or in taxable territory where goods are manufactured and shipped.

The Commissioner of Income-tax, Bangalore appealed against the decision of the High Court in favour of the assessee, Union of Tile Exports, Bangalore....

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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 Bahawalp...

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Supreme Court Enforces Foreign Award in Two-Tier Arbitration — Holds ICC Award Enforceable Despite Prior Indian Award. Two-Tier Arbitration Clause Valid Under Indian Law; Natural Justice Opportunity Afforded to Respondent.

The dispute arose from a contract between Centrotrade Minerals and Metals Inc., a US corporation, and Hindustan Copper Ltd. (HCL) for the sale of copp...

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Supreme Court Allows Revenue Appeal: Rectification Under Section 35 of Income-tax Act Valid for Mistake Arising from Retrospective Amendment. Retrospective Operation of Proviso to Section 18-A(5) Renders Original Assessment Order Erroneous on Face of Record.

The dispute arose from the retrospective amendment of Section 18-A(5) of the Indian Income-tax Act, 1922 by the Indian Income-tax (Amendment) Act, 195...

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Supreme Court Allows Assessee's Appeals; Profits from Sale of Gold and Shares Held Capital Receipts Not Taxable as Income. Court Rules Transactions Were Realisation of Investment, Not Adventures in Nature of Trade, and High Court Erred in Treating Tribunal's Finding as Unreviewable Fact.

The appeals arose from references under Section 66(2) of the Income Tax Act, 1922 concerning the assessee, a large landholder, who had inherited subst...

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Bombay High Court Allows Petition Against Railway Eviction Notice for Non-Compliance with Statutory Requirements. Notice under Section 4 of the Railway Land (Unauthorised Occupation) Act, 1966 must specify the period of occupation and be served on the person in occupation.

The petitioners, Bhupendra Villa Premises Co-operative Society Limited, M/s. Ramesh Builders, and Rajen Harshadlal Sanghvi, filed a writ petition unde...

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Supreme Court Dismisses Appeal Against Dismissal of Quashing Petition in Forgery Case — Allegations of Sale of Family Property by Power of Attorney Holder Require Trial on Merits. High Court's Refusal to Quash FIR Under Sections 467, 468, 469, 471 IPC Upheld as Prima Facie Case Made Out.

The appeal arose from a Final Judgment and Order dated 12.03.2021 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.42776 o...

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Supreme Court Allows Appeal of Elected Candidate in Office of Profit Disqualification Case. Special Government Pleader Appointment Under Order 27 Rule 8B CPC Held Not an Office of Profit Under Article 191(1)(a) of Constitution, and Rajasthan Act 5 of 1969 Retrospectively Removed Disqualification.

This appeal arose from an election petition challenging the election of Kanta Kathuria to the Rajasthan Legislative Assembly from the Kolayat constitu...