Chennai Court May 1963 Judgments
Public Prosecutor Vs. T. Pichaimudallar
Court: Chennai
Decided on: May-14-1963
Reported in: 1964CriLJ599
Kailasam, J.1. These two appeals are preferred by the Public Prosecutor against the judgment of the uistnci Magistrate, Ramanathapuram, against the acquittal of tna accused in C. C. Nos. 176 and 177 of 1961. The saiea lax Officer, on examining the accounts relating to a rice mill licensee, Ibramsa Rowther, found that the accused Pitchai Mudaliar had not brought into his account tne sales turnover of rice to an extent of Rs. 21,217 for me year 1955-56. The inspection is said to ba or 27-2-1959. After investigation', a complaint under S. 15 (2) of tna Madras General Sales-tax Act, 1959 was filed on 20-10 1959. After the inspection but before the laying ot tne complaint, the Madras General Sales-tax Act 1959 came Into force, and the General Sales-tax Act 1939 was repealed.2. It was contended by the learned counsel for we accused in the lower court that as the prosecution was laid under S. 15 (2) of the Madras General Sales Tax Act, ana as the new Act had come into force on 1-4-1959, no pr...
Tag this Judgment!P. Aiya Pillai Vs. Ar.A. Shenbaga Nadar and P.V.P. Valasubramania Nada ...
Court: Chennai
Decided on: May-03-1963
Reported in: AIR1964Mad45
Ramamurti, J.1. The defendant in O.S. No. 4 of 1958 on the file of the Sub Court, Madurai, is the appellant. The respondents filed the aforesaid Suit seeking to recover a sum of Rs. 10699-44 alleging that the defendant, the appellant herein, placed an order on 28-1-1957, with the plaintiffs-firm for fitting Parkins Diesel Engine to a lorry MDR. 2593 and also for building a body to the said lorry at a cost of Rs. 11000, that the defendant paid Rs. 500 as advance, that as per the order, the plaintiffs fitted the' Parkins Diesel Engine to the lorry and also built a body as ordered and delivered the lorry in or about 16-3-1957, that as the defendant did not have sufficient money to pay, he executed a promissory note, Ex. A.2, in favour of the plaintiffs on 26-3-1957, agreeing to pay 12 per cent interest, and that after giving credit for a sum of Rs. 718-11 which stood to the defendant's credit in respect of transactions of purchase of spare parts, tools, diesel oil etc., from the plaintiff...
Tag this Judgment!M.M. Meyyappa Chettiar Vs. Jayanthi Films (Madurai) Pvt. Ltd. and anr.
Court: Chennai
Decided on: May-03-1963
Reported in: AIR1964Mad134
Sadasivam, J.1. Applications by the creditor M. M. Meyyappa Chettiar to set aside the orders of the second respondent Official Assignee admitting the claims of the first respondent Messrs. Jayanthi Films Madurai (Private) Ltd. Messrs. Jayanthi Films Madurai (Private) Ltd. made four claims before the Official Assignee for a total sum of Rs. 2,42,177.03 nP. made up of Rs. 1,71,150.45 nP. in respect of which the company has obtained a decree in C. S. No. 4 of 1961, on the file of this court against Messrs. Jubilee Films (Private) Ltd. and the son and widow of Venkatesam Pillai, the managing director of Messrs. Jubilee Films (Pte) Ltd., Rs. 34,500 reserved in the said suit as not having been realised from M. V. V. Nath in respect of Hindi Dubbing Rights agreement, Rs. 35, 526: 58 nP. due under the distribution agreements with Jubilee films (Pte) Ltd. for (1) Madurai, Ramnad, Tinnevelly and Kanyakumari districts and (2) Tanjore, lirucnirapauj and Karaikkal districts and Rs. 1000, reserved i...
Tag this Judgment!The Collector of Customs Vs. H.S. Mehra
Court: Chennai
Decided on: May-03-1963
Reported in: AIR1964Mad504
S. Ramachandra Iyer, C.J.1. This appeal which is filed under Clause 15 of the Letters Patent against the judgment of Veeraswami, J., raises an important question under the Sea Customs Act, 1878. The respondent obtained' from the Joint Controller of Imports at Madras on 4-2-1960 a licence under the Import and Export Control Act, 1947, for the import from foreign countries ten thousand yards of velvet Fents -as per the Import Policy Book, that is, cotton' velvets, the value thereof being limited to Rupees 31 2'75/- (c i. f. price). He imported in February 1960 a Quantity of 899 yards. In December of the same year a second consignment arrived by S. S. State of Madras. The respondent filed a bill of entry declaring that the quantity imported and to be cleared was 9,111 yards and that the value of it was Rs. 28,501/-, both conforming to the limits imposed by the licence. The Customs Authorities found that the goods imported were artificial silk, velvet, different from cotton velvet, the imp...
Tag this Judgment!Bangalore Emporium Vs. the State of Madras
Court: Chennai
Decided on: May-03-1963
Reported in: [1963]14STC870(Mad)
Venkatadri, J.1. In this revision the question arises whether the assessee is liable to pay sales tax on the disputed turnover of Rs. 77,685-08, which according to the assessee represents the value of cloth and tailoring charges and not value of ready-made garments.2. The assessee is the proprietor of Bangalore Emporium, tailors and dealers in cloth, hosiery goods etc., at No. 6, Club House Road, Madras-2. He submitted his return in Form A for the year ended 31st March, 1959, showing a gross and net turnover of Rs. 4,922-81 and Rs. 4,842-08 respectively. The Deputy Commercial Tax Officer determined his net turnover for the year to the best of his judgment at Rs. 2,10,979-59, the total receipts disclosed by the books, and subjected it to tax at the rate of 1 percent. The assessee preferred an appeal to the Appellate Assistant Commissioner of Commercial Taxes. That officer after giving relief in respect of some items determined the turnover at Rs. 77,685-08 representing the receipts for ...
Tag this Judgment!The Prithvi Insurance Co., Limited Vs. the Commissioner of Income-tax
Court: Chennai
Decided on: May-03-1963
Reported in: (1964)1MLJ34
K. Srinivasan, J.1. The question that stands referred to us for determination is:Whether the unabsorbed losses incurred by the assessee in the earlier years in its Life Insurance business are available to set off against its profits from the General Insurance business for the assessment years 1951-52 to 1954-55 ?2. The assessee is the Prithvi Insurance Company, Ltd., Madras. The assessment years in question are 1951-52 to 1954-55. During the account years relevant to these assessment years, the assessee was carrying on business of Life Insurance as well as General Insurance, inclusive of Fire, Marine, Accident and miscellaneous insurance. Under the Insurance Act, the assessee, though his business is a composite one, has to prepare separate accounts for the Life Insurance business as distinct from other lines of insurance. The Life Insurance part of the business resulted in losses for a number of years. The General Insurance business yielded a profit in these years. The assessee claimed...
Tag this Judgment!Prithvi Insurance Co. Ltd. Vs. Commissioner of Income-tax, Madras.
Court: Chennai
Decided on: May-03-1963
Reported in: [1964]52ITR238(Mad)
SRINIVASAN J. - The question that stands referred to us for determination i :'Whether the unabsorbed losses incurred by the assessee in the earlier years in its insurance business are available to set off against its profits from the general insurance business for the assessment years 1951-52 to 1954-55?'The assessee is the Prithvi Insurance Company Ltd., Madras. The assessment years in question are 1951-52 to 1954-55. During the account years relevant to these assessment years, the assessee was carrying on business of life insurance as well as general insurance inclusive of fire, marine, accident and miscellaneous insurances. Under the Insurance Act, the assessee, though his business is a composite one, has to prepare separate accounts for the life insurance business as distinct from other lines of insurance. The life insurance part of the business resulted in losses for a number of years. The general insurance business yielded a profit in these years. The assessee claimed that set-of...
Tag this Judgment!Barjor Hoshangji Vakil and ors. Vs. Mettur Chemical and Industrial Cor ...
Court: Chennai
Decided on: May-02-1963
Reported in: AIR1964Mad83; [1963]33CompCas932(Mad)
S. Ramachandra Iyer, C.J.1. This Second appeal raises a question of some importance and difficulty. The appellants who are closely related, the first four among them being members of one family and the fifth, the husband of the fourth appellant, held severally and jointly 150 preference shares in the Mettur Chemical and Industrial Corporation Ltd., the respondent herein, a public limited company having a share capital of Rs. one crore divided into (a) 20000 six per cent income-tax free ............ cumulative preference shares of Rs. 100 each, but with no further rights in the participation of the profits of the company, and (b) 8,00,000 equity shares of Rs. 10 each'. The company carries on business in the manufacture and sale of chemicals and their by-products. Its year of accounting is the financial year. For the years 1950-51 to 1956-57, the profits made by the company stood wiped out in the accounts by reason of setting them off against the depreciation allowable under the Indian I...
Tag this Judgment!A.M.K. Abdul Rahiman Rowther Vs. the State of Madras
Court: Chennai
Decided on: May-02-1963
Reported in: [1963]14STC1014(Mad)
Srinivasan, J.1. The assessees are dealers in arecanuts. For the assessment year 1958-59, they returned a turnover of Rs. 76,698 and claimed exemption on a turnover of Rs. 76,521. On an examination of the accounts of the assessees, it was found that the claim to exemption was made in respect of two consignments of arecanuts received from Penang under import licence. The assessing authority took the view that the sales were after the import of the goods and declined to grant the exemption asked for. It was further held that the amounts paid towards customs duty should also be computed as part of the sale consideration and accordingly there was a recomputation of the turnover, which was fixed by the assessing authority at Rs. 1,32,905.2. An appeal was taken to the Appellate Assistant Commissioner and the claim was put forward that the sales were in the course of import, the taxation of which is prohibited by the Constitution. The course of the transaction was examined by the appellate au...
Tag this Judgment!South Arcot Electricity Distribution Co., Ltd., by Its Accredited Repr ...
Court: Chennai
Decided on: May-02-1963
Reported in: (1964)1MLJ205
M. Anantanarayanan, J.1.The South Arcot Electricity Distribution Company Limited was a concern which was acquired by the State under the Madras Electricity Supply Undertakings (Acquisition) Act (XXIX of 1954). On 2nd July, 1955, the Chief Electrical Inspector to Government intimated the licensee that the undertaking was likely to be taken over by Government in 1959-60. This is of some importance, as this might have lulled the undertaking into a sense of freedom from imminent acquisition till that period, and freedom to expand in accordance with its plan. For purposes of that extension scheme, in September, 1955, the licensee applied to Government for sanction of a loan of Rs. five lakhs from the Madras Industrial Investment Corporation. G.O. Ms. No. 43, P.W.D., dated 4th January, 1956 actually accorded such sanction under Section 9(2) of the Indian, Electricity Act, 1910. But subsequently, on 10th January, 1957, the Madras Industrial Investment Corporation declined the loan ; this was ...
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