Allahabad Court April 2005 Judgments
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Commissioner of Income Tax Vs. Uptron Powertronics Ltd.
Court: Allahabad
Decided on: Apr-19-2005
Reported in: (2006)204CTR(All)420
1. The Tribunal, Delhi, has referred the following question of law under Section 256(1) of the IT Act, 1961, hereinafter referred to as 'the Act', for opinion to this Court:Whether, on the facts and in the circumstances of the case, the Tribunal was correct in confirming the order of the CIT (A) by deleting the addition of Rs. 645047 made under Section 43B of the IT Act, 1961?2. The present reference relates to the asst. yr. 1985-86.Briefly stated, the facts giving rise to the present reference are as follows:The respondent-assessee has been assessed to income-tax in the status of a company. Its accounting period ended on 31st Dec, 1984. It is engaged in manufacture of power plant, float rectifiers, battery chargers, switching cubicles, microwave power plants, mobile rectifiers, inverters float charges, air compressors, etc. It filed its return on 28th June, 1985, declaring income of Rs 1060259. Thereafter a revised return declaring income at Rs. 974933 was filed on account of claim of...
Cit, Meerut Vs. Uptron Powertronics Ltd.
Court: Allahabad
Decided on: Apr-19-2005
Reported in: [2006]152TAXMAN331(All)
ORDER1. The Income Tax Appellate Tribunal, Delhi has referred the following question of law under section 256(1) of the Income Tax Act, 196 1, (hereinafter referred to as 'the Act') for opinion to this Court.'Whether, on the facts and in the circumstances of the case, the Tribunal was correct in confirming the order of the CIT (Appeals) by deleting the addition of Rs. 6,45,047 made under section 43B of the Income Tax Act, 1961.'2. The present Reference relates to the assessment year 1985-86.3. Briefly stated the facts giving rise to the present reference are as follows:The respondent-assessee has been assessed to income-tax in the status of I a company. Its accounting period ended on 31-12-1984. It is engaged in manufacture of power plant, float rectifiers, battery charges, switching cubicles microwave power plants, mobile rectifiers, inverters float chargers, air compressors, etc. It filed its return on 28-6-1985 declaring income of Rs. 10,60,259. Thereafter a revised return declaring...
Wheels India Limited Through Its General Manager Vs. State of U.P. Thr ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(2)ESC1461; [2005(106)FLR417]
Arun Tandon, J.1. Heard Sri J.N. Tiwari, Senior Advocate, assisted by Sri Kirshnaji Khare, Advocate on behalf of the petitioner, Sri Shabad Ali, Advocate, holding brief of Sri Subodh Kumar, Advocate on behalf of the respondent No. 3-workman and Learned Standing Counsel on behalf of the respondent Nos. 1 and 2.2. M/s Wheels India Ltd. is a company duly registered under the Companies Act, 1956. The said company has established an industrial unit for manufacture and sale of wheels at Tanda Bali, District Rampur. The Company has its Certified Standing Orders providing for the condition of employment applicable to the employees of the said factory as well as other factories of the company.3. Respondent No. 3, namely, Ishwar Dayal was employed in the industry. The respondent-workman was issued warning letters dated 9th June, 1997 and 14th December, 1999 in respect of the certain misconduct. On 7th February, 2001 a show-cause notice was issued to the workman to show-cause as to why the servic...
Jagdish NaraIn Pandey Son of Late Sri Jai NaraIn Pandey Assistant Teac ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(2)ESC1491
Tarun Agarwala, J.1. The petitioner is working as an Assistant Teacher in Radha Krishna Gaud Shankar Sanskrit Vidhyalaya, Kuradeeh, Hariha ganj which is affiliated with the Sampurnanand Sanskrit Vishvavidyalaya, Varanasi. The principal of this institution retired on 30.6.1997 and consequently the said post became vacant. According to the petitioner he was the senior most teacher and was liable to be appointed as an adhoc principal till such time as a permanent principal was appointed It transpires that the Manager of the Committee of Management illegally gave charge to Sri Vidhya Bhushan Shukla as an adhoc principal. The petitioner alleged that Sri Vidhya Bhushan Shukla was much junior to him and that the same had been done malafidely by the Manager who was opposed to the petitioner. The petitioner made a representation to the Vice Chancellor of the Sampurnanand University which remained pending and accordingly the petitioner approached this Hon'ble Court by filing Writ Petition No. 14...
Mahak Singh Son of Shri Peeru Singh Vs. the Presiding Officer, Industr ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(2)ESC1484; [2005(107)FLR431]
V.C. Misra, J.1. Heard Sri Sidharth, learned counsel for the petitioner, standing counsel for respondent No. 1, Sri S.P. Gupta. Senior behalf of respondent No. 21. On the joint request of the counsel for parties, Since the facts and grounds are common and, the impugned awards published on 23.2.1999 and put up on the notice board on 9.3.1999 are also the same in the four connected writ petitions, the above mentioned Writ petitions are being disposed off finally by this common order and judgment and order at this stage in terms of the High Court Rules.2. The facts of the cases mentioned above in brief are that the petitioners-workmen were appointed between the years 1987-1991 and all of them worked till they were retrenched from service in the year 1994 and 1995 respectively. They have claimed to have worked continuously from the date of their appointment for more than 240 days but have beep. 3 wrongly and illegally retrenched from service in violation of the . provisions of Section 6 N ...
Ravindra Pal Singh S/O Sri Aidal Singh, General Secretary, Student Uni ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(2)ESC1456
Arun Tandon, J.1. Learned counsel for the petitioner is permitted to add a prayer in the writ petition.2. Heard Sri V.D. Agarwal, Advocate on behalf of the petitioner, Sri Pankaj Mithal, Advocate on behalf of the respondent Nos. 2 and 3, K. Pandey, Advocate on behalf of the respondent Nos. 2 and 3, and Learned Standing Counsel for the respondent No. 1. It is not necessary to issue notice to respondent Nos. 4 and 5, in view of the order proposed to be passed in the present writ petition. 3. The petitioner, Ravindra Pal Singh, who claims himself to be the General Secretary of Student Union, Government Post Graduate Degree College, Jalesar, Etah has filed this writ petition for the following reliefs:'i. Issue a writ of mandamus directing the respondent No. 2 not to change the centre which is mentioned in the Admit Card (Annexure. 1 to the writ petition) issued by Respondent No. 3 as well as respondent No. 2 and also permit the petitioner and other students to give the examination Conducti...
Kashmir Singh S/O Deedar Singh Vs. Amarjeet Singh Alleged Son of Gurub ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(3)AWC2838
S.N. Srivastava, J.1. Dispute arises out of proceedings under Section 186 of the U.P. Z.A. & L.R. Act.2. It transpires from the record that on the basis of some report the Lekhpal that the Bhumidhar is not traceable and who had abandoned the land in dispute which may be declared as abandoned land, proceeding under Section 186 of the U.P.Z.A. & L.R Act was initiated and an ex parte order was passed declaring the land in dispute as abandoned land. On having knowledge, the Bhumindar filed an application to recall the ex parte order Evidence was led by the parties and Gram Pradhan also identified Gurbachan Singh as Bhumidhar of the land in dispute. Application to recall ex parte order was allowed and proceedings were dropped as required under Section 186 of the U.P.Z.A & L.R. Act. The Appeal preferred by the petitioner was dismissed and the Second Appeal was also dismissed by the Board of Revenue.3. Heard Sri D.V. Jaiswal, learned counsel petitioner Sri M.C. Joshi, learned counsel for Opp....
Smt. Kalindi Deve Wife of Shri Chandra Shekhar Singh Vs. Board of Reve ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(3)AWC2895
S.N. Srivastava, J.1. Impugned herein are the orders dated 31.3.2005 and 28.2.2005 passed by Board of Revenue, U.P. Allahabad.2. I have heard learned counsel for the petitioner and also learned Standing counsel as well as learned counsel representing the Gaon Sabha,3. It would appear from the record that to begin with, petitioner instituted a suit under Section 229 B of the U.P.Z.A. & L.R. Act which culminated in a decree passed by Sub Divisional Officer, Tamkuhiraj District Kushinagar pursuant to compromise dated 11.9.1980 between petitioner and Hari Kishan. Subsequently, a restoration application was filed by Prithivi Chand urging the ground that his father who was alleged to have been signatory to compromise dated 11.9.1980 had already expired on 20.3.1980 and he also submitted death certificate issued by Town Area Sevarhi which testified the death of Hari Kishan on 30.3.1980. The aforesaid restoration application was rejected as time barred vide order dated 25.1.2002 and consequent...
Dharmendra Singh Vs. State of U.P. and ors.
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(2)ESC1423
A.P. Sahi, J.1. Heard Sri Manu Saxena, learned Counsel for the petitioner and learned Standing Counsel on behalf of the respondents.2. The petitioner's father died in harness on 8.4.1984, when the petitioner was still a minor. The petitioner's mother did not opt for compassionate appointment at that time for reasons stated in para 4 of the writ petition, which states that since she was illiterate and could barely read or write, therefore, no claim was made by her.3. The petitioner has admittedly, attained the age of 18 years. After 14 years of the death of the father, in 1998, a representation was moved requesting the respondents to provide the appointment to the petitioner on compassionate basis.4. The respondents have rejected the request of the petitioner on the ground that representation for appointment could not be entertained, as it was time barred in terms of the G.O. dated 13.6.1998. It has been further stated that the petitioner's request for relaxation of the applicability of...
Shri Sarveshwari Samooh, Registered Society Sarveshwari Samooh Padav, ...
Court: Allahabad
Decided on: Apr-15-2005
Reported in: 2005(3)AWC2201; 2005(3)ESC2006
Arun Tandon, J.1. Heard Sri Ashok Khare, Senior Advocate, assisted by Sri Ajay Bhanot, Advocate on behalf of the petitioner, Sri Shashi Nandan, Senior Advocate, assisted by Sri Manish Deo Singh Advocate on behalf of the respondent No. 4, Sri W.H. Khan, Advocate on behalf of the respondent No. 5 and Learned Standing, Counsel on behalf of the respondent Nos. 1 to 3.2. Sri Sarveshwari Samooh Varanasi is a society duly registered under the Societies Registration Act, 1860. The said society has its own registered bye-laws. The said society through? its alleged President Baba Siddharth Gautam Ram as well as its alleged Secretary Sri Udai Bhan Singh has filed this writ petition against an order dated 3rd January, 2005 passed by the Registrar, Firms, Societies and Chits, Lucknow, whereby he has held that Sri S.P. Singh and Sri Gurupad Sambhav Ram are the Secretary and President of the society respectively. By the said order he has also rejected the complaint made by Sri Uday Brian Singh dated ...
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