Chennai Court June 1991 Judgments
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Marshall Sons and Co. (India) Ltd. Vs. Income-tax Officer
Court: Chennai
Decided on: Jun-10-1991
Reported in: [1992]195ITR417(Mad)
Ratnam, J. 1. In this writ petition, the petitioner, Marshall Sons and Co. (India) Ltd., claiming as successors to Marshall Sons and Co. (Mfg.) Ltd., Ambattur, has prayed for the issue of a writ of certiorarified mandamus to call for the records relating to the assessment to income-tax for the assessment years 1984-85 and 1985-86 of Marshall Sons and Co. (Mfg.) Ltd., Ambattur, on the file of the respondent and restrain him from taking steps regarding the assessment of the said company, as the said company was not in existence during the previous years relevant to the assessment years, as it had been amalgamated with Marshall Sons and Co. (India) Ltd. with effect from January 1, 1982. 2. Marshall Sons and Co. (Mfg.) Ltd., Ambattur, carried on business in the manufacture and sale of cranes and other road making machinery and it was a subsidiary of Marshall Sons and Co. (India) Ltd., registered under the Companies Act (hereinafter referred to as 'the Act') with its registered office at No...
B. Nagi Reddy Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Jun-10-1991
Reported in: [1993]199ITR451(Mad)
ORDER UNDER S. 144B--Limitation--Original draft assessment order on 23-3-1976--Supplementary order on 25-3-1976--No objection thereto within period stipulated nor seeking of extention of time--Objections forwarded on 14-4-1976 --Could not be considered--Sec. 144B orderHELD :The supplement to the draft order would have to be considered only as forming an integral part and parcel of the earlier draft order and both the orders would have to be read together as one single order and not as two distinct and separate orders. The Tribunal was, therefore, right in its view that the ITO's order under s. 144B was not illegal or barred by limitation.APPLICATION :Sec. 144B stands omitted.Income Tax Act 1961 s.144B Capital or revenue expenditure--PRODUCTION OF FILMS GIVEN UP--Expenditure thereon, revenue in nature.HELD :The giving up by the assessee of the production of the films was only on grounds of commercial expediency. The Tribunal was therefore right in holding that the expenditure incurred b...
Commissioner of Income-tax Vs. A.P. Kalyanakrishnan
Court: Chennai
Decided on: Jun-10-1991
Reported in: [1992]195ITR534(Mad)
Ratnam, J. 1. In these tax case references under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue, the following common question of law has been referred to this court for its opinion : 'Whether, on the facts and in the circumstances of the case and having regard to the provisions of section 5(1)(a) of the Income-tax Act, 1961, the Appellate Tribunal was right in holding that the pension earned by the assessee was not assessable in India and was, therefore, liable to be excluded from the total income of the assessee, who was 'not ordinarily resident in India' in the relevant years ?' 2. The assessee is an individual whose status is 'resident but not ordinarily resident.' In the return of income filed by the assessee initially for the assessment year 1970-71, he included therein Rs. 12,881 representing Malaysian pension received in India. Subsequently, a revised return was filed in which the assessee claimed that the amoun...
Commissioner of Income-tax Vs. A. Samarapuri Chetty
Court: Chennai
Decided on: Jun-10-1991
Reported in: (1991)76CTR(Mad)77; [1992]195ITR371(Mad)
Abdul Hadi, J.1. In this tax case reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), at the instance of the Revenue, the questions of law arising out of the Tribunal's order dated March 2, 1979, in ITA. No. 221/Mds/1978-79 with reference to the assessment year 1974-75, are as follows : '1. Whether, on the facts and in circumstances of the case, the Appellate Tribunal was right in law in cancelling the order of the Commissioner of Income-tax passed under section 263 for the assessment year 1974-75 in the assessee's case 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal's finding that the order of the Income-tax Officer dated March 11, 1976, should be treated as non est is sustainable in law ?' 2. The facts of the case are as follows : The assessee filed a return on November 6, 1974, showing an income of Rs. 6,860. An assessment was made on him on December 23, 1975. On December 31, 1975, the assessee fil...
Commissioner of Income-tax Vs. Mineral Mining Company Pvt. Ltd.
Court: Chennai
Decided on: Jun-10-1991
Reported in: [1992]194ITR258(Mad)
Ratnam J.1. The assessee is a private limited company carrying on business in prospecting mines and also working mines, besides amalgamating, manipulating and preparing for market, ores and other mineral substances of all kinds, having the calendar year as its year of account. The assessee had secured leases for the purpose of exploiting mines and minerals in the State of Madhya Pradesh, Andhra Pradesh, Karnataka and Tamil Nadu. On September 11, 1957, the assessee applied to the State of Bombay under the Mines and Minerals (Regulation and Development) Act, 1948, and the Rules thereunder, for the issue of a prospecting licence in respect of fluorspar in Survey No. 30 measuring about 1,733 acres within the revenue limits of the village of Amba Dungar in Baroda District, Gujarat, and obtained such a licence for one year, on August 27, 1962, as per the terms and conditions set out therein. Thereafter, pursuant to the prospecting licence so obtained which empowered the assessee to enter upo...
Commissioner of Income-tax Vs. Trustees, T. Stanes and Co. Ltd., Staff ...
Court: Chennai
Decided on: Jun-10-1991
Reported in: [1993]200ITR396(Mad)
1. The common question of law referred to this court at the instance of the Revenue in these tax case references under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), in respect of the assessment years 1973-74 to 1975-76, is : 'Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in holding that, while computing the tax payable by the assessee as a trustee to the beneficiary, viz. M/s. T. Stanes and Co. Ltd., deduction under section 80M should be allowed in respect of dividend income received by the assessee from M/s. T. Stanes & Co. Ltd. itself for the assessment years 1973-74 to 1975-76 ?' 2. The assessees are the trustees of T. Stanes and Co. Ltd., staff Pension Fund, Coimbatore. The said trust was constituted under certain rules framed in 1939 as modified in 1953; the original beneficiaries of the trust were four persons; the said rules provided that, after payment of pension to the aforesaid four persons, the bala...
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