Chennai Court August 1974 Judgments
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Commissioner of Income-tax Vs. Mettupalayam Coonoor Service (P.) Ltd.
Court: Chennai
Decided on: Aug-21-1974
Reported in: [1975]99ITR49(Mad)
Ramanujam, J. 1. The assessee in this case is a company engaged in the business of road transport. For the accounting period relevant to the assessment year 1959-60, the paid-up share capital of the company was Rs. 30,000 and the profit as per the profit and loss account was Rs. 1,27,653. The company did not distribute any dividend in respect of that year. The income of the assessee-company had been determined at the following figures :As determined by the Income-tax OfficerAs reduced in appeal by the A.A.C.As ultimately determined by the TribunalRs.Rs.Rs.Total income2,88,5362,41,1512,29,229Tax thereon1,56,5761,32,1731,26,0322. One of the items of expenses disallowed for assessment purposes and added back to the book profit, namely, Rs. 56,350, related to the claim for expenses relating to spare parts and maintenance. The Income-tax Officer applied the provisions of Section 23A(1) of the Indian Income-tax Act, 1922, and levied an additional super-tax of Rs. 40,088. According to him, th...
P. Joseph and ors. Vs. the Management of Gopal Textile Mills and anr.
Court: Chennai
Decided on: Aug-21-1974
Reported in: (1975)ILLJ136Mad
K. Veeraswami, C.J.1. The Correctness of the view taken in Sri Meenakshi Mills Ltd. v. Labour Court, Madurai 1971 11 L.L.J. 215, and S.M. Mills v. Labour Court, Madurai : (1971)IILLJ215Mad , is in question. That view appears to receive support from Girdharlal Laljibhai v. Nagrashna 1964 11 L.LJ. 235, decided by Shelat, C.J., and Mehta, J., of the Gujarat High Court. The 43 workmen had completed 240 days of continuous work in the establishment. That is the finding which is now concluded. Because to start with they were all badlis, the question is whether in view of the lay-off, they are entitled to lay-off compensation. Section 25C starts by referring to a workman and excluding from its purview badlis who are temporary workers or substitutes for permanant workmen. But the section contains an explanation the effect of which is that, if a badli had put in 240 days of continuous work, he shall cease to be regarded as such. That means that in that event he will be a workman for the purposes...
The North Arcot District Pawn Brokers' Association represented by Its ...
Court: Chennai
Decided on: Aug-21-1974
Reported in: (1975)1MLJ290
ORDERM.M. Ismail, J.1. The petitioners in all these writ petitions barring W.P. Nos. 1266 to 1268 of 1972 pray for the same relief. For the purpose of understanding the nature of the relief they have prayed for and the legal consequences thereof, it is necessary to refer to a few facts. The Madras Financiers and Pawn-Brokers Association, and one K. Hansraj filed two writ petitions, W.P. Nos. 2611 and 2612 of 1970 on the file of this Court. In these writ petitions, they prayed for the issue of writs of mandamus restraining the respondents, namely, the Union of India represented by the Secretary to Government, Ministry of Finance, New Delhi and the Collector of Central Excise, Madras-34 from proceeding with the enforcement of Gold Control Trade Notices 6 and 7 of I970 dated 18th June, 1970 and 27th July, 1970 respectively said to have been issued by the Collector of Central Excise, Madras. Those two writ petitions were filed obviously on the basis that to the pawn-brokers the provisions ...
Kandaswami Pillai (Decd.) (by L. R) Vs. Commissioner of Income-tax, Ma ...
Court: Chennai
Decided on: Aug-20-1974
Reported in: [1977]108ITR612(Mad)
RAMASWAMI J. - The assessee in this case carries on business in money-lending. In the assessment year 1961-62, corresponding to the year ending March 31, 1961, there were three cash credit entries in the books of account of the assessee in the names of Vaiyapuri Pillai, Vaira Perumal and Marimuthu Gounder and the amounts that stood to their credit were Rs. 10,000, Rs. 10,000 and Rs. 5,000, respectively. Vaiyapuri Pillai looks after the assessees lands. Vaira Perumal is a lessee of the assessee and Marimuthu Gounder is a lessee of certain lands belonging to the assessees close relation. In the course of the income-tax proceedings the assessee was asked to produce evidence as to the source and nature of the above credits. The said three persons were examined by the Income-tax Officer. After considering their evidence, the Income-tax Officer came to the conclusion that the amounts represented the assessees income from undisclosed sources. This finding was confirmed by the Appellate Assist...
Gaylord Restaurant and ors. Vs. M. Chabbrai
Court: Chennai
Decided on: Aug-16-1974
Reported in: AIR1975Mad108
1. Suit is for recovery of a sum of Rs. 51,000/- by way of damages for malicious attachment. The plaint allegations are as follows: The first plaintiff firm is a registered partnership consisting of plaintiffs 2 to 5 and one Ramchand Motumal Hinduja. The firm is carrying on business as caterers at No. 36-D Mount Road. Madras-2 and the partners of the plaintiff firm are respectable persons and men of status and financially well placed. Plaintiffs 2 to 5 are carrying on business in banking to the knowledge of the defendant who is also a close relative of the plaintiffs. Disputes arose between the plaintiffs on the one hand and the defendant on the other. The defendant instituted a suit O. S. No. 3634 of 1971 on the file of the City Civil Court, Madras for recovery of a sum of Rupees 1,017/- due by wav of advertisement charges to him. In the said suit. I. A. No. 9630 of 1971 was also filed seeking an order of attachment before judgment of the movables of the first plaintiff firm. In suppo...
Commissioner of Income-tax Vs. A. Vimalan
Court: Chennai
Decided on: Aug-16-1974
Reported in: [1975]98ITR529(Mad)
Ramaswami, J.1. The assessee, late P. Appavoo Pillai, whose legal representative is the respondent herein, held 160 shares of Rs. 100 each in M/s. S.D.U.M.S. Private Ltd., Dharmapuri, a private limited company in which the public is not substantially interested within the meaning of Section 23A of the Indian Income-tax Act, 1922 (hereinafter called 'the Act'). The assessee transferred 20 shares to his minor son, Vimalan, the respondent herein, for cash consideration some years ago. Out of the remaining 140 shares he transferred to his wife and five minor children 20 shares each, totalling 120 shares without receiving any consideration. The Income-tax Officer included the dividend income of these 120 shares in the income of the assessee for the assessment year 1958-59, relying on the provisions of Section 16(3) and this is not now in dispute. The Income-tax Officer also treated the loans to the extent of Rs. 26,065 advanced by M/s. S.D.U.M.S. Private Ltd. (hereinafter referred to as 'th...
B. Narasimhalu Chettiar and ors. Vs. the Central Government Represente ...
Court: Chennai
Decided on: Aug-16-1974
Reported in: (1976)1MLJ254
ORDERM.M. Ismail, J.1. All these writ petitions raise a common question regarding the validity of Rule 3(ee) of the Gold Control (Licensing of Dealers) Rules, 1969, hereinafter referred to as the Rules, as amended by the Government of India Notification dated 27th December, 1972 published in the Gazette of India, Extraordinary on 27th December, 1972. The validity of this Rule is challenged from different angles as being unconstitutional violating the fundamental rights of the petitioners under Article 19(1)(g) of the Constitution of India, and as conferring an unguided power on the licensing authorities and therefore offending Article 14 of the Constitution of India, and as being outside the rule-making power of the Central Government itself. It was also challenged on yet another ground which has relevancy to the year 1973 only. I shall refer to that also in the course of this judgment.2. All these petitioners have been licensed as dealers under Section 27 of the Gold Control Act (XLV ...
Canara Bank Limited, Represented by Its Branch Manager Vs. I.V. Rajago ...
Court: Chennai
Decided on: Aug-16-1974
Reported in: (1975)1MLJ420
Ramaprasada Rao, J.1. The unsuccessful defendant-Bank in O.S. No. 4820 of 1968 on the file of the City Civil Court, Madras, is the appellant. The plaintiff had a personal account with the Canara Bank Limited, at its Madras Branch hereinafter referred to as the Bank on 6th April, 1964. The plaintiff was the representative of a reputed group of concerns in Coimbatore, popularly known as M/s. Lakshmi Mills Company, Limited, Coimbatore, and its sister concerns at Madras. The group companies had a liaison office at Madras at No. 12/2, Marshalls Road, Egmore, Madras. There was a telephone in the Madras office of the group companies, which was apparently intended for the advantage and benefit of the sister concerns and which was in the sole administrative custody of the plaintiff. In the course of his official duties, the plaintiff gave a cheque for Rs. 294-40 towards the telephone bill for the aforesaid telephone admittedly standing in the name of the said M/s. Lakshmi Mills Company Limited....
Kannapiran Mills Ltd. Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Aug-13-1974
Reported in: [1975]100ITR561(Mad)
Ramanujam, J. 1. The assessee, a limited company, was being managed by a firm, M/s. K. Venkataswamy Naidu & Co., on the strength of an agreement dated July 12, 1946. According to the said agreement, the managing agents were to be paid, as remuneration for their services, 10 per cent. of the net profits of the company. Later, by a further agreement dated December 25, 1958, the remuneration payable to the managing agents wasmade subject to a minimum of Rs. 25,000 per year. On April 2, 1960, one of the three partners of the managing agency firm died and the managing agency firm ceased to function thereafter. One of the surviving partners, one K. Ramachandran, was functioning as the managing director for the period April 2, 1960, till August 1, 1960, on which date a fresh managing agency agreement was entered into between the assessee-company and K. Venkataswamy Naidu and Co., a newly constituted firm, with the said managing director, K. Ramachandran, and the sons of the deceased partner a...
P. Joseph and ors. Vs. Loyal Textile Mills and anr.
Court: Chennai
Decided on: Aug-12-1974
Reported in: (1975)ILLJ498Mad
K. Veeraswami, C.J.1. The correctness of the view taken in Sri Meenakshi Mills Ltd. v. Labour Court, Madurai (1969) 39 F.J.R. 290 and Sree Meenakshi Mills Ltd. V. Labour Court, Madurai, : (1971)IILLJ215Mad , is in question. That View appears to receive support from Girdharlal Laljibhai v. Nagrashna; (1964) 31 F.J.R. 156, decided by Shelat, C.J. and Mehta, J., of the Gujarat High Court. The 43 workmen had completed 240 days of continuous work in the establishment. That is the finding which is now concluded Because to start with they were all badlis, the question is whether in view of the lay-off, they are entitled to lay-off compensation. Section 25C starts by referring to a workman and excluding from its purview badlls who are temporary workers or substitutes for permanent workmen. But the section contains an Explanation the effect of which is that, if a badli had put in, 240 days of continuous work, he shall cease to be regarded as such. That means that in that event he will be a work...
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