Chennai Court November 1979 Judgments
Ponnu Saw Mills Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Nov-22-1979
Reported in: [1980]45STC291(Mad)
Sethuraman, J.1. This appeal has been preferred against the order of the Board of Revenue dated 2nd March, 1977. The assessees are dealers in senna leaves, country drugs, etc. The assessing officer determined the taxable turnover at Rs. 50,967.52 under Section 3(1) of the Madras General Sales Tax Act, 1959 (hereinafter referred to as the Act). He noticed that the assessees had purchased Nithyakalyani leaves and roots for an estimated value of Rs. 88,943.00 from agriculturists and exported the goods to foreign countries. He subjected this turnover to tax under Section 7-A of the Act. On appeal, the Appellate Assistant Commissioner, Tirunelveli, relying on the decision of this Court in M.K. Kandaswami v. State of Tamil Nadu [1971] 28 S.T.C. 227, cancelled the assessment under Section 7-A of the Act. This decision was reversed by the Supreme Court and the Supreme Court's judgment was reported as State of Tamil Nadu v. M.K. Kandaswami [1975] 36 S.T.C. 191. The Board took suo motu revision ...
Tag this Judgment!P.S. Sankaralinga Nadar Vs. the Commissioner for Commercial Taxes, Bor ...
Court: Chennai
Decided on: Nov-22-1979
Reported in: [1982]49STC302(Mad)
Sethuraman, J.1. This appeal has been filed against the order of the Board of Revenue dated 21st December, 1976. The assessee is a dealer in senna leaves, senna pods, etc. For the year 1969-70 he returned total and taxable turnovers of Rs. 14,00,307.92 and Rs. 22,106.28 respectively. In the turnover of Rs. 14,00,307.92 was included a sum of Rs. 11,50,175.99, which related to export sales and Rs. 2,07,625.65 which related to inter-State sales. After allowing a deduction in respect of the said turnover, the Deputy Commercial Tax Officer, Tuticorin-1, determined the taxable turnover at Rs. 42,506.28, assessable under Section 3(1) of the Tamil Nadu General Sales Tax Act, 1959. He alsa found that the dealer had exported 50,832 kgs. of senna leaves and pods to foreign countries after 27thNovember, 1969, and the purchases of senna leaves and pods were not supported by vouchers. As the purchases had not suffered tax at any earlier stage, he estimated the purchase turnover at Re. 1 per kilogram...
Tag this Judgment!D.A. Sathyanarayana Chettiar Vs. the State of Tamil Nadu
Court: Chennai
Decided on: Nov-22-1979
Reported in: [1982]49STC303(Mad)
Sethuraman, J.1. This appeal has been filed against the order of the Board of Revenue dated 24th June, 1976. The assessee is a dealer in gold and silver jewels. There was an assessment on the assessee by an order dated 27th November, 1970. In the original order, the Deputy Commercial Tax Officer, Coimbatore, computed the sales turnover at Rs. 73,319.40 and the purchase turnover assessable under Section 7-A of the Tamil Nadu General Sales Tax Act at Rs. 30,637.50. These amounts aggregated to Rs. 1,03,956.90. However, by the said order, he levied tax only on the sales turnover of Rs. 73,319.40. As the assessee had applied for compounding the tax liability, Section 7(1) of the Act was applied and the tax due was calculated accordingly. In the same order, he observed that separate order would be passed dealing with the liability under Section 7-A of the Act. On 20th March, 1971, the order under Section 7-A came to be passed with reference to a turnover of Rs. 30,637.50 assessable under Sec...
Tag this Judgment!Bapalal and Co. Vs. State of Tamil Nadu
Court: Chennai
Decided on: Nov-22-1979
Reported in: [1980]46STC498(Mad)
Sethuraman, J.1. This appeal has been filed against the order of the Board of Revenue (Commercial Taxes) dated 24th June, 1976. The assessee is a fairly large dealer in jewellery. It reported a total and taxable turnover of Rs. 43,60,650.51 and Rs. 41,35,708.08 respectively for the assessment year 1969-70. The assessing officer found that the assessee had purchased old and worn-out ornaments from customers and utilised the articles for the manufacture of new jewellery for sale. Such purchases of old articles had not, in his view, suffered tax earlier since they had been purchased in the circumstances in which no tax was payable by the vendor. The assessing officer subjected an estimated turnover of Rs. 5,00,000 to tax at 3 per cent under Section 7-A of the Act. On appeal, the Appellate Assistant Commissioner held that there was no liability under Section 7-A of the Act in view of the decision of this Court in M. K. Kanda-swami v. State of Tamil Nadu [1971] 28 S.T.C. 227 and remanded th...
Tag this Judgment!K.M. Ellappan Vs. the Disttrict Collector and ors.
Court: Chennai
Decided on: Nov-22-1979
Reported in: (1980)2MLJ75
ORDERMohan, J.1. The facts leading to this writ petition are as follows : -The petitioner is a former F. L. 1 licencee named 'Kamadhenu Wines' in Arakonam town of North Arcot District, during the period from 2nd September, 1971 to 31st August, 1974. During the course of audit of the accounts of the petitioner by the audit party of the Accountant-General, Madras, suppression of sales to the tune of Rs. 1,45,653.70 was pointed out. This was on the basis of the inspection of the shop on 21st February, 1973 during which certain discrepancies of shortages and excesses in the stock were noticed. At that time, some anamath accounts containing certain unauthorised receipts of stocks and sales and the accounts relating to cash transactions were also seized. After a detailed verification of the anamath accounts seized from the petitioner, it was noticed by the Commercial Tax department that the sale of liquor from 3rd May, 1972 to 20th February, 1973, amounting to Rs 1 45,753.70 was suppressed P...
Tag this Judgment!Commissioner of Income-tax Vs. Palani Andavar Mills (P.) Ltd.
Court: Chennai
Decided on: Nov-21-1979
Reported in: [1983]144ITR138(Mad)
Sethuraman, J. 1. The Commissioner of Income-tax has applied for reference of the following two questions:' (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the rectification of mistakes involved an arguable and debatable question of law and, therefore, the revision of assessment under Section 13 of the Companies (Profits) Surtax Act, 1964, was not valid in law ? (2) Whether the amounts set apart as, (i) machinery replacement reserve; (ii) contingency reserve; and (iii) dividend equalisation reserve are really 'reserves' within the meaning of Rule 1(iii) of the Second Schedule of the Surtax Act, and hence they should be taken into consideration in the computation of the capital base ' 2. We may first consider the second question before we take up the first. Out of the three reserves mentioned in the second question, the ' machinery replacement reserve ' and ' dividend equalisation reserve ' have already been the subject of...
Tag this Judgment!Jeypore Sugar Company Ltd. Vs. Income-tax Officer, a Ward
Court: Chennai
Decided on: Nov-21-1979
Reported in: [1980]124ITR518(Mad)
Sethuraman, J. 1. This writ petition is filed for the issue of a writ of prohibition against the ITO, A Ward, Circle I, Kakinada. The respondent issued a notice to the petitioner proposing to reopen the assessment for the assessment year 1973-74. The prayer of the petitioner is to quash the said notice for the reasons contained in the affidavit. When the case was taken up, the learned standing counsel for the Commissioner contended that this court has no jurisdiction to issue any such writ as prayed for in the present case, as no part of the cause of action arose within the jurisdiction of this court.2. Article 226(2) of the Constitution of India provides that the power to issue a writ may be exercised by any High Court exercising jurisdiction in relation to the territories within which the cause of action wholly or in part arises for the exercise of such power, notwithstanding that the seat of such Government or authority or the residence of such person is not within those territories...
Tag this Judgment!Commissioner of Income-tax Vs. G.R. Karthikeyan
Court: Chennai
Decided on: Nov-20-1979
Reported in: (1980)17CTR(Mad)301; [1980]124ITR85(Mad)
Sethuraman, J.1. The Appellate Tribunal has referred the following question at the instance of the Commissioner under Section 256(1) of the I.T. Act, 1961:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the total sum of Rs. 22,000 received by the assessee from the Indian Oil Corporation and All India Highway Motor Rally should not be brought to tax '2. The assessee, an individual, is a director of Karthikeyan Spinning and Weaving Mills P. Ltd. He derives income by way of salary from the said mills, from house property, from a business in the name of Ramaswamy and Co. and from interest and dividends. In the present reference, we are concerned with the assessment year 1973-74. He participated in an All India Highway Motor Rally, an event jointly sponsored by the Automobile Association of Eastern India and the Indian Oil Corporation, and supported also by other regional automobile associations as well as the Federation of India...
Tag this Judgment!K. Muthuramakrishna Chettiar (Alias) K.M.R. Krishna Chettiar Vs. K.V. ...
Court: Chennai
Decided on: Nov-20-1979
Reported in: (1980)2MLJ212
P. Venugopal, J.1. The defendant is the appellant before this Court. On 5th July, 1962, the defendant executed a mortgage in favour of K. N. Vasudevan, for Rs. 17,000/-agieeingto repay with interest at 9% per annum and in default to pay interest on the defaulted interest at 9 per cent per annum On 19th October, 1963, the original mortgagee Vasudevan died, leaving a will under which he bequeathed 1/3rd right in the suit mortgage in favour of his wife. The plaintiffs are the sons of the deceased mortgagee Vasudevan. They have filed the present suit for recovery of the amount due under the mortgage alleging that 1/3rd right in the suit mortgage bequeathed by their deceased father in favour of his wife, have' been assigned to them and the remaining 2/3rd rights in the suit mortgage have devolved on them by succession after the death of their father and hence, they are entitled to recover the entire sum due under the suit mortgage. The plaintiffs have also further alleged in the plaint that...
Tag this Judgment!Commissioner of Income-tax Vs. Lakshmi Company
Court: Chennai
Decided on: Nov-19-1979
Reported in: [1982]133ITR904(Mad)
Sethuraman, J. 1. The Appellate Tribunal has referred the following three questions for the opinion of this court under Section 256(1) of the Act :'(1) Whether, on the facts and in the circumstances of the case, the activities of the assessee constituted ' business ' as per Section 2(b) of the Indian Partnership Act ? (2) Whether, on the facts and in the circumstances of the case, the assessee was entitled to registration for the assessment year 1969-70 ? (3) Whether, on the facts and in the circumstances of the case, the income returned by the assessee should be assessed as income under the head ' Business ' or under the head ' Other sources ' ' 2. The assessee-firm was originally constituted under a partnership deed dated 8th March, 1965. There were changes in the constitution, and, therefore, another deed was drawn up on 22nd December, 1967. The firm was registered for the assessment year 1967-68 and the registration was continued for 1968-69. For the assessment year 1969-70, the as...
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