Allahabad Court July 1973 Judgments
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Banwari Lal and ors. Vs. the Pilibhit Co-operative Development Federat ...
Court: Allahabad
Decided on: Jul-17-1973
Reported in: AIR1974All269
Yashoda Nandan, J. 1. The relevant facts giving rise to this appeal are that the appellant agreed to carry on business in partnership with the Pilibhit Co-operative Development Federation Ltd., Pilibhit, which figures as respondent No. 1 in the appeal relating to the sale of petroleum products as agent of Standard Vacuum Oil Company. An agrecinent between the parties was executed on the 1st of November, 1953. One of the terms of the partnership agreement was that if any dispute arose between the parties, the said dispute shall be referred to the Registrar, Co-operative Societies, Uttar Pradesh, Luck-now for decision in accordance with Rules 115, 116 and 117 framed under the Co-operative Societies Act (hereinafter referred to as the Act). Disputes arose between the partners and ultimately by a deed dated 31st May, 1960, the partnership was dissolved. On the 15th of November, 1960. Bhagwan Singh, Honorary Secretary of respondent No. 1 filed an application before the Registrar, Cooperativ...
Moti Lal and Sons Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jul-17-1973
Reported in: [1975]101ITR177(All)
C.S.P. Singh, J.1. The Income-tax Appellate Tribunal, Allahabad Bench, Allahabad, has referred the following question for our opinion:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 7,029 was assessable under Section 10(2A) of the Indian Income-tax Act, 1922 ?'2. The assessment year involved in the present case is 1956-57 and the corresponding account year is from November 1, 1954, to October 23, 1955. The assessee is a registered firm consisting of four brothers and their mother. The business was formerly being carried on by a joint Hindu family, but subsequently a partition took place and the business was converted into a partnership. The partnership firm consisted of Motilal and his four sons, who are still partners in the firm, along with their mother after Motilal's death. Certain amounts stood in the books of the firm in the name of Motilal, and interest was credited by the firm to this account, but the intere...
Sahitya Press Vs. Commissioner of Income-tax
Court: Allahabad
Decided on: Jul-13-1973
Reported in: [1976]102ITR218(All)
Gulati, J.1. This is an application under Section 256(2) of the Income-tax Act, 1961. 2. The assessee is a partnership firm. For the assessment year 1953-54, it filed a return showing an income of Rs. 20,000. The return was rejected by the Income-tax Officer who assessed the income at Rs. 40,000. On appeal the assessment was reduced by about Rs. 8,000. Thereafter, the Income-tax Officer discovered that in the relevant year the assessee had divided between its partners a profit of Rs. 53,188. He also discovered that in the original return the assessee had not disclosed income from interest and property. The Income-tax Officer made a supplementaryassessment and also initiated proceedings for the levy of penalty. This Inspecting Assistant Commissioner of Income-tax ultimately levied penalty of Rs. 6,234 under Section 271(1)(c) read with Section 274 of the Act on the charge that the assessee had concealed its income. The Tribunal has rejected the assessee's appeal as also its application f...
Commissioner, Sales Tax Vs. Chandok Traders
Court: Allahabad
Decided on: Jul-12-1973
Reported in: [1973]32STC614(All)
C.S.P. Singh, J.1. The Additional Revising Authority, Sales Tax, Allahabad Range, has referred the following two questions for our opinion :(1) Whether, upon the facts and in the circumstances of this case, the hair clippers (Baal katne ki machine) were unclassified items or were of mill-stores and hardware as contemplated by Notification No. ST-1367/X-1045(19)-1960 dated 5th April, 1961, or were machinery as contemplated by Notification No. ST-7098/X-1012-1965 dated 1st October, 1965?(2) Whether, upon the facts and in the circumstances of this case, the assessee was liable for tax on the aforesaid sales of Rs. 4,974.90 in respect of the hair clippers (Baal katne hi machine) at 2 per cent or 3 per cent or 6 per cent ?2. The assessee imported hair clippers against C form and sold them in the assessment year 1966-67. He admitted liability to pay tax from their sales at 2 per cent under Section 3 of the U. P. Sales Tax Act. The Sales Tax Officer took the view that hair clippers were hardw...
Commissioner, Sales Tax Vs. A.S. Industries
Court: Allahabad
Decided on: Jul-12-1973
Reported in: [1973]32STC617(All)
C.S.P. Singh, J.The Additional Judge (Revisions), Sales Tax, Meerut, has referred the following question for our opinion :Whether, on the facts and in the circumstances of the case, the nuts and bolts which the assessee has manufactured for hair clippers are machinery parts vide Notification No. ST-7098/X-1012-1965 dated 1st October, 1965 2. The petitioner-firm carried on the business of manufacture and sale of nuts and bolts of sewing machines and hair clippers. The account books of the assessee were rejected and a best judgment assessment made. The estimate of the turnover for nuts and bolts manufactured and sold by the assessee of sewing machines and hair clippers was fixed at Rs. 50,000 under the U.P. Sales Tax Act and Rs. 5,000 under the Central Sales Tax Act. The dealer thereafter filed an appeal. The appellate authority fixed the turnover of nuts and bolts in respect of sales at Rs. 40,000. It also held that the nuts and bolts manufactured by the assessee could be used in any ma...
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