Allahabad Court October 1969 Judgments
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Ganeshi Lal Ram Kumar Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Oct-06-1969
Reported in: [1970]77ITR974(All)
Mukerjee, J. 1. The question on which I am required to give my opinion in this case is :'Whether, the sum of Rs. 15,000 debited by the assessee in the profit and loss account on the last day of the accounting year, relevant to the assessment year 1958-59, represents an ascertained liability on the mercantile system of accounting deductible in the computation of its income, profits and gains under Section 10 of the Indian Income-tax Act, 1922, for the assessment year 1958-59 ?'2. Sahai J. and Pathak J. have differed in their answer to this question; Sahai J. answered the question in the negative, while Pathak J. answered it in the affirmative.3. The facts giving rise to this reference have been set out in the orders of the two learned judges. I would like to state a few more facts to show, precisely, how the amount in question, viz., Rs. 15,000, came to be debited in the accounts of the assessee as its liability to sales tax. These facts would be relevant in connection with a contention...
Ram Shanker Tewari and anr. Vs. the State and ors.
Court: Allahabad
Decided on: Oct-06-1969
Reported in: 1970CriLJ770
ORDERO.P. Trivedi, J.1. This application in revision has been filed by Ram Shanker Tewari and Ishwar Saran.2. A report was submitted to the Sub-Divisional Magistrate, Gonda, by the police to the effect that there was a dispute between the parties with regard to certain land and there was an apprehension of breach of peace on that account between them. On this report being received, the Magistrate passed a preliminary order under Section 145(1), Code of Criminal Procedure, on 25-1-1962 directing at the same time attachment of the disputed property. After an enquiry the same Magistrate finally held that the opposite parties Mohammad Ismail, Maqbool Ahmad and Badrudduja were in possession on the date of the preliminary order and directed release of the property from attachment in their favour. The present applicant No. 1 Ram Shanker Tewari then filed a revision before the Additional Sessions Judge, Gonda. The revision was, however, dismissed and, therefore, he comes to this Court.3. It wa...
The Commissioner of Gift Tax, Lucknow Vs. Jagdish Saran
Court: Allahabad
Decided on: Oct-03-1969
Reported in: AIR1971All101; [1970]75ITR529(All)
Oak, C.J.1. The question for consideration in this gift tax reference is whether conversion of self-acquired property into joint family property constitutes a 'gift' under the Gift Tax Act, 1958, hereafter referred to as the Act Sri Jagdish Saran is the assessee. He carried on contract business and some brick kiln business at Saharanpur. Till the assessment year 1957-58 he was assessed as an individual. He possessed certain self-acquired property. In his account books there was an entry dated 31-3-1957 to the effect that in future the business of brick kiln would be the property of himself and his sons, that is to say, the Hindu undivided family. It was also noted that the money invested in the brick kiln to the extent of Rs. 69,174/14/3, shall be the property of the joint family from that date. On 2-4-57 an agreement was entered into between Sri Jagdish Saran, his sons and his wife. It was stated in the agreement that the family shall carry on the business of brick kiln and income ari...
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