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1 - 10 of 12 (0.28 seconds)Section 25 in The Income Tax Act, 1961 [Entire Act]
Messrs Chatturam Horilram Ltd vs Commissioner Of Income Tax, Bihar And ... on 18 April, 1955
I do not accept the argument of Mr. P. R. Das as correct. The two authorities referred to by learned counsel, namely, Chatturam v. Commissioner of Income-tax and Wallace Brothers and Co. Ltd. v. Commissioner of Income-tax only deal with the question as to when the liability to pay the tax arises. That is not the question presented for determination in the present case. The question is at what point of time the right of appeal vests in the assessee. This question is manifestly different from the question as to when the liability to pay the tax arises. It may be conceded that the liability to pay the tax arose under the charging sections on the 31st March, 1950, for the accounting year 1949-50, and on the 31st March, 1951, for the accounting year 1950-51, but the right of appeal did not vest on the assessee on those dates. In my opinion the right of appeal vested in the assessee on the date of initiation of the proceedings for assessment. I think that for the purpose of accrual of the right of appeal the critical date is the date of initiation of the assessment proceeding or, in other words, the date of the commencement of the lis.
Wallace Brothers And Co. Ltd. vs The Commissioner Of Income-Tax on 17 February, 1948
I do not accept the argument of Mr. P. R. Das as correct. The two authorities referred to by learned counsel, namely, Chatturam v. Commissioner of Income-tax and Wallace Brothers and Co. Ltd. v. Commissioner of Income-tax only deal with the question as to when the liability to pay the tax arises. That is not the question presented for determination in the present case. The question is at what point of time the right of appeal vests in the assessee. This question is manifestly different from the question as to when the liability to pay the tax arises. It may be conceded that the liability to pay the tax arose under the charging sections on the 31st March, 1950, for the accounting year 1949-50, and on the 31st March, 1951, for the accounting year 1950-51, but the right of appeal did not vest on the assessee on those dates. In my opinion the right of appeal vested in the assessee on the date of initiation of the proceedings for assessment. I think that for the purpose of accrual of the right of appeal the critical date is the date of initiation of the assessment proceeding or, in other words, the date of the commencement of the lis.
Section 3 in The Income Tax Act, 1961 [Entire Act]
Section 4 in The Income Tax Act, 1961 [Entire Act]
Section 22 in The Income Tax Act, 1961 [Entire Act]
Section 21 in The Income Tax Act, 1961 [Entire Act]
Hoosein Kasam Dada (India) Ltd vs The State Of Madhya Pradesh And Others on 23 February, 1953
The same view has been expressed by S. R. Das J. in an earlier decision of the Supreme Court in Hoosein Kasam Dada (India) Ltd. v. State of Madhya Pradesh. At page 999 of the report, the learned judge observed as follows :