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Documents citing Ismailia Grain Merchants Association ... vs Commissioner Of Income-Tax, Bombay ... on 23 February, 1955

Mumbai Mazdoor Sabha, Mumbai vs Dcit Cen Cir 43, Mumbai on 8 November, 2016

Thus, as rightly concluded bythe AO, both the conditions laid down in Ismaillia Grain Merchants Association Ltd. V. CIT (1957) 31 ITR 433 (Bom) viz. The association rendered specific services to its members and remuneration was paid by the members for these services, in my considered view, were fulfilled. It is settled position that it is not necessary that business/profession must be carried on by the assessee himself. It could be carried through agent or servant. In its case, professional work of fighting litigated issues before the appellate Forums was got completed through the advocates. 3.6 Shri P.S. Nair was an eminent legal professional, representing the impugned disputes before the MP High Court and Supreme Court. According to Report M. Jackson and John I, Powell, the occupations which are regarded as professions have four characteristics viz.
Income Tax Appellate Tribunal - Mumbai Cites 83 - Cited by 1 - Full Document

Kumbakonam Mutual Benefit Fund Ltd. vs Commissioner Of Income-Tax, Madras. on 20 October, 1960

On the other hand we have in the present case a set of facts which establishes that the benefits conferred by the association were available only to the members thereof and that there is a complete identity in the sense set out in National Association of Local Government Officer v. Watkins and Ismalia Grain Merchants Association v. Commissioner of Income-tax between the contributors and the participators.
Madras High Court Cites 16 - Cited by 5 - Full Document

Co-Ordination Committee Of Spm Unions , ... vs Assessee

Thus, as rightly concluded bythe AO, both the conditions laid down in Ismaillia Grain Merchants Association Ltd. V. CIT (1957) 31 ITR 433 (Bom) viz. The association rendered specific services to its members and remuneration was paid by the members for these services, in my considered view, were fulfilled. It is settled position that it is not necessary that business/profession must be carried on by the assessee himself. It could be carried through agent or servant. In its case, professional work of fighting litigated issues before the appellate Forums was got completed through the advocates. 3.6 Shri P.S. Nair was an eminent legal professional, representing the impugned disputes before the MP High Court and Supreme Court. According to Report M. Jackson and John I, Powell, the occupations which are regarded as professions have four characteristics viz.
Income Tax Appellate Tribunal - Indore Cites 32 - Cited by 0 - Full Document

Commissioner Of Income-Tax vs Merchant Navy Club on 22 September, 1971

21. Their Lordships of the Supreme Court observed in the body of their judgment that where there is a separate entity or where there is a company, the test is that one has to look at the subscribers and at the participants and see if they are the same. The property was not the property of the assessee : it was the property of the members themselves. It is that feature which Chagla C.J. failed to notice in Ismalia Grain Merchants Association v. Commissioner of Income-tax, [1957] 311.T.R. 433 (Bom.).
Andhra HC (Pre-Telangana) Cites 17 - Cited by 40 - Full Document

Textile Machinery Corporation Ltd. vs Commissioner Of Wealth-Tax, Calcutta. on 17 May, 1967

Thus, the Tribunal correctly stated the law but in framing the questions fell into the same error which they themselves had pointed out. Mr. Sen, for the assessee, prayed that in these circumstances we should reframe the question in such a manner so that the real controversy between the assessee and the taxing department may be included in the question. In our opinion, there is wisdom in the prayer made by him. Where an assessee is entitled to certain deductions under a taxing statute, if he claims those deductions under a wrong section of the statute, that should not be over-emphasised. If, in negativing a claim of the assessee otherwise allowable, a Tribunal quotes a wrong section, in the question referred to this court, and seeks an answer whether the claim of the assessee is allowable under that wrong section, it is open for this court to say that the assessee is entitled to claim for deduction not under the erroneous section quoted by the Tribunal but under some other section. This was the view which was expressed by Chagla C.J. in Ismailia Grain Merchants Association Ltd. v. Commissioner of Income-tax [[1957] 31 I.T.R. 433.] and we respectfully agree with his Lordship.
Calcutta High Court Cites 28 - Cited by 7 - Full Document

Vapi Waste & Effulent Management ... vs Department Of Income Tax on 30 March, 2012

In order to bring an income within this clause, two essential facts have to be established, namely, that the association rendered specific services to its members, and that a remuneration was paid by the members for these services; and there must also be connection between the remuneration and the service rendered ITA No.1310,1776,3308, 3443, 3444 & 3309 of 2010 and 2778 & 2835 of 2011 20 [Chagla, C.J., Ismailia Grain Merchants Association Ltd. v. CIT, (1957) 31 ITR 433, 437 (Bom); South Indian Planting and Commercial Representation fund v. CIT, (1957) 32 ITR 513, 518 (Mad)].
Income Tax Appellate Tribunal - Ahmedabad Cites 22 - Cited by 0 - Full Document

Mrs. Kusumben D. Mahadevia vs The Commissioner Of Income-Tax,Bombay on 30 March, 1960

Where the High Court went wrong was in not deciding both the limbs but one of them and that too, the one not decided by the Tribunal. The resulting position can be summed up by saying that the High Court decided something which the Tribunal did not, and the Tribunal decided something which the High Court did not. This is clearly against the provisions of s. 66. The respondent referred to Scindia Steam Navigation Co. Ltd. v. Commissioner of Income- tax (1), Commissioner of Income-tax v. Breach Candy Swimming Bath Trust (2 ) and Ismailia Grain Merchants Association v. Commissioner of Income-tax (3). They (1) [1954] 26 I.T.R. 686. (2) [1955] 27 I.T.R. 279. (3) [1957] 31 I.T.R. 433.
Supreme Court of India Cites 4 - Cited by 38 - M Hidayatullah - Full Document
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