Chennai Court November 1983 Judgments
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N.M.H. Rasheeda Bivi Vs. V.R. Sreepathy
Court: Chennai
Decided on: Nov-09-1983
Reported in: AIR1984Mad62
ORDER1. The landlady is the petitioner in this civil revision petition. She is the owner of the portion in (old door No. 3) door No. 31, Nair Iyya Pillai St., Madras 14, in the tenancy occupation of the respondent. Originally, the respondent was a tenant under the then owner one S. J. Srinivasalu Naidu on a monthly rental of Rs. 150. Subsequent to the purchase of the property by the petitioner, the respondent attorned the tenancy to the petitioner agreeing to pay monthly rent of Rs. 150. The case of the petitioner is that after the purchase of the property by her, she informed the respondent that 0he required the premises in the occupation of the respondent for her own use as she was living with her son whose family had expanded and, therefore, she wanted to move to her own premises so that misunderstandings between the petitioner and her son's family could be avoided. Stating that the down stair portion in the occupation of the respondent is convenient for her occt43ation and claiming...
Swadeshi Cotton Mills Thozhilalar Shemanala Padukappu Union Represente ...
Court: Chennai
Decided on: Nov-09-1983
Reported in: (1984)1MLJ228
Nainar Sundaram, J.1. Swadeshi Cotton Mills Tozhilalar Shemanala Padukappu Union, represented by its President, the petitioner in W.P. No 2756 of 1981, is the appellant in this writ appeal. The respondents herein are the respondents in the writ petition. For the sake of convenience, the parties shall be referred to in this judgment as they stood arrayed in the writ petition. A dispute arose in 1979 between the second respondent Mills, hereinafter referred to as the Mills, and its workmen on the question of bonus for the year 1978-79. The Mills had paid an advance bonus at 20 per cent. of the earnings to its workmen. A settlement was reached in the course of conciliation on 18th November, 1980 under section. 12 (3) of the Industrial Disputes Act XIV of 1947, hereinafter referred to as the Act, under which it was agreed that the bonus could be only at 12 par cent and the Mills were conferred the right to recover the excess of bonus paid in advance. This settlement was arrived at before t...
Commissioner of Income-tax, Tamil Nadu-i Vs. Bimetal Bearings Ltd.
Court: Chennai
Decided on: Nov-08-1983
Reported in: (1984)40CTR(Mad)141; [1985]152ITR85(Mad)
Ramanujam, J. 1. Since all these tax cases are interconnected, they are dealt with together. As the decision in T.Cs. Nos. 405 to 407 of 1978 will mainly depend upon the decision we render in T. C. Nos. 595 and 596 of 1978, we propose to deal first with T.Cs. Nos. 595 and 596 of 1978. 2. The assessee in T.Cs. Nos. 595 and 596 of 1978 is one Shri Paramkalayani Education Society, Madras. For the assessment years 1971-72 and 1972-73, it claimed the benefit of exemption under s. 11 of the I.T. Act, 1961, hereinafter referred to as 'the Act,' in respect of its income on the ground that it is a charitable institution which is not carrying on any activity for profit. The ITO rejected the assessee's claim on the ground that in view of s. 13(3) read with s. 13(2)(a) of the Act, the assessee cannot claim the benefit of exemption under s. 11. In the further appeal filed by the assessee to the AAC, an alternative claim was also put forward by the assessee. The contention of the assessee was that e...
Commissioner of Income-tax, Tamil Nadu-ii Vs. Sundaram Fastreners Limi ...
Court: Chennai
Decided on: Nov-08-1983
Reported in: (1984)40CTR(Mad)206; [1984]149ITR773(Mad)
Ratnam, J.1. The assessee is a company. On March 13, 1970, the assessee resolved to purchase 4,500 equity shares in Madras Motors and General Insurance Company Limited and the shares were so purchased in May, 1970. Subsequently, be another resolution passed on April 9, 1971, the assessee decided to dispose of its shareholding in the Madras Motors and General Insurance Company Limited and authoriised one to its directors to negotiate in that behalf. Pursuant to this, the assessee purposed to sell its shareholing in the Madras Motors and General Insurance Company Limited to twenty-two different persons on receipt of consideration of 1.98 lakhs of rupees on May 4, 1971, and 3.96 lakhs of rupees on May 7, 1971, from the purchasers. The amount received thus by the assessee aggregating to 5.94 lakhs of rupees was deposited with the United Bank of India, Broadway Branch, were it had an overdraft account. The deposit of the sum of 5.94 lakhs of rupees temporarily brought about a reduction in t...
Commissioner of Income-tax, Tamil Nadu-iv, Madras Vs. India Silk House
Court: Chennai
Decided on: Nov-07-1983
Reported in: [1985]152ITR79(Mad)
Ramanujam, J. 1. At the instance of the Revenue, the following question has been referred to this court for its opinion 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal's finding that 6% interest alone should be charged on the overdrawings of the partners is based on relevant and valid considerations and is sustainable in law especially when the assessee was paying interest at the rate of 9.5 per cent. on its borrowals ?' 2. The assessee in this case is a registered firm consisting of four partners. For the previous year ended March 31, 1968, corresponding to the assessment year 1968-69, the ITO, in the course of the assessment, found the following debit balances : Rs.1. Partner's loan account 2,62,3522. Partners' annuity deposit account 2,38,969---------5,01,321---------3. As against this, the partner's capital accounts showed a total roughly of Rs. 1,50,000. The ITO took the view that the drawings of the partners as on March 31, 1968, amounted to Rs...
M.A. Murugappan Vs. Commissioner of Wealth-tax
Court: Chennai
Decided on: Nov-07-1983
Reported in: (1984)42CTR(Mad)35; [1985]153ITR628(Mad)
Ramanujam, J.1. The assessee in this reference petition seeks a direction from this court to refer the following question for the opinion of this court : 'Whether, on the facts and in the circumstances of the case, the reassessment proceedings initiated under section 17(1)(b) of the Wealth-tax Act, 1957, are valid in law ?' 2. The assessee in this case filed his wealth-tax return showing a net wealth Rs. 10,54,342 and deducted therefrom wealth-tax liability of Rs. 10,870. In arriving at the net wealth, the assessee had deducted debts to the extent of Rs. 1,34,814 which included a policy loan from the Life Insurance Corporation and accrued interest thereon of Rs. 18,600. Along with the Wealth-tax return, the assessee also appended a note claiming relief under rule 3 of Part II of the schedule to W.T. Act, as he is not a citizen of India and is not ordinarily resident in India. The WTO allowed the deduction of the loan from the Life Insurance Corporation treating it as a debt and also ga...
S. Viswanathan and ors. Vs. Deputy Registrar of Cooperative Societies, ...
Court: Chennai
Decided on: Nov-04-1983
Reported in: (1984)ILLJ405Mad
ORDER1. The petitioners herein seek the issue of a writ of certiorari from this Court to quash the order of the first respondent herein dated 18th July, 1983, so far as the petitioners are concerned. 2. The petitioners who are 12 in number challenge the validity of the said impugned order in the following circumstances : The petitioners are the confirmed employees of the Simpson and Group Companies Employees Co-operative Society Ltd. The said Society is a Co-operative Society formed with the declared object of encouraging thrift and self-help and co-operation among members and of promoting social, intellectual, normal and physical welfare of the members. When it started functioning in December, 1951, its operation was confined to the City of Madras and it was called 'Employees Co-operative Credit Society.' Subsequently, in or about 1960 the area of operation was extended to all places where the Simpson and Group companies are working. Thus the society extended its operation to those ar...
The State of Tamil Nadu Vs. Sasman and Company
Court: Chennai
Decided on: Nov-02-1983
Reported in: [1984]57STC160(Mad)
Ramanujam, J. 1. This revision filed by the State is directed against the order of the Tribunal dated 28th October, 1977, in T.A. No. 567 of 1977. 2. The assessee in this case is a manufacturer and dealer of cloth bags. During the assessment year 1975-76, the assessee has collected sales tax on the sale of the cloth bags at 4 per cent. While finalising the assessment for the assessment year, the assessing authority held that the assessee having collected 4 per cent tax on the sale of cloth bags as against 2 per cent provided under the Tamil Nadu General Sales Tax Act, he should be taken to have collected at the excess rate contravening the provision of the Act, and therefore, the penalty is leviable in respect of the excess collection of tax to the extent of Rs. 2,176. In the assessment order, though the assessee has submitted his objections to the levy of penalty in answer to the show cause notice issued by the assessing authority, the assessing authority did not consider any of the o...
Commissioner of Income-tax, (Central), Madras Vs. Shri Agastyar Trust Overruled
Court: Chennai
Decided on: Nov-01-1983
Reported in: [1984]149ITR609(Mad)
Ramanujam, J. 1. Two persons by name K. Rajagopal and V. S. Nanjappa Chettiar into a partnership by a deed dated November 28, 1941. Under the terms of the said partnership deed they were carrying on a business in the purchase and sale of waste papers. The partnership deed provided that out of the net profits of the business after meeting all charges and expenses, 80% shall be set apart and allotted to charitable and religious objects set out therein, that the said 80% of the profits shall be kept invested in the business but the shall be separetly entered in the account of the firm under the head 'Charity account' and that all disbursements made out of the said amount shall be debited to the said account and the surplus, if any, carried over to the next year. The partnership deed also declared that a sum of Rs. 9,900 which lay to the credit of the Charity account is set a part finally for the purpose of religious and charitable objects set out therein, that the sums lying to the credit...
Commissioner of Income-tax, Tamil Nadu-iv Vs. Official Liquidator
Court: Chennai
Decided on: Nov-01-1983
Reported in: (1984)40CTR(Mad)114; [1985]151ITR781(Mad)
Ramanujam, J. 1. The following question has been referred to this court for its opinion by the Tribunal at the instance of the Revenue : 'Whether, on the facts and in the circumstances of the case, it is correct and legal to exclude a part of the sale proceeds as relating to the goodwill ?' 2. The assessee in this case is the official liquidator representing M/s. Shanmugar Mills (in liquidation). The said Shanmugar Mills was under liquidation and it was actually wound up by an order of the company court dated April 30, 1959, in O.P. No. 297 of 1957. The winding-up order was the subject-matter of an appeal before this court in O. S. A. No. 68 of 1959. The said order of winding up was affirmed by the appellate court. With the approval of the appellate court, the official liquidator sold the said company as a going concern to one M/s. Jayajothi and Company, who were then working the mills as lessee. The total consideration paid by the purchaser, viz., M/s. Jayajothi and Company was Rs. 6,...
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