Chennai Court October 1995 Judgments
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Commissioner of Income Tax Vs. Seth Purushothamdas Dwarkadas
Court: Chennai
Decided on: Oct-10-1995
Reported in: [1996]221ITR304(Mad)
Thanikkachalam, J.1. At the instance of the Department, the Tribunal has referred the following question for our opinion under s. 256(1) of the IT Act, 1961 : 'Whether, on the facts and in the circumstances of the case and having regard to the provisions of s. 274(2) of the IT Act, 1961, the Tribunal was right in holding that the IAC has no jurisdiction to levy penalty under s. 271(1)(c) in the assessee's case on 30th March, 1977, by when the law had been amended divesting him of his jurisdiction and vesting it in the ITO although the proceedings for levy of penalty were initiated and referred to the IAC even before the law had been amended on 1st April, 1976 ?' 2. The assessee, Seth Purushothamdas Dwarkadas, is an individual carrying on business in moneylending. For the asst. yr. 1972-73, he filed a return on 18th May, 1973, admitting an income of Rs. 4,775. Before that, on 24th April, 1972, the intelligence wing of the IT Department raided the house of the assessee and seized pronote...
Commissioner of Income Tax Vs. N.B. Tendolkar
Court: Chennai
Decided on: Oct-10-1995
Reported in: (1996)136CTR(Mad)193; [1996]221ITR268(Mad)
Thanikkachalam, J.1. At the instance of the Revenue for the asst. yr. 1974-75, the Tribunal referred the following question for the opinion of this Court, under s. 256(1) of the IT Act, 1961 (hereinafter referred to as 'the Act') : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 22,730 received on account of encashment of unavailed leave by the assessee at the time of retirement was not taxable under the IT Act, 1961 ?' 2. The assessee is an individual, who was earning salary from his employment from the Madras Fertilizers Ltd. During the previous year ended 31st March, 1974, corresponding to the asst. yr. 1974-75, the assessee retired. On retirement, he received a sum of Rs. 22,730 by encashment of the unutilised leave standing to his credit. The assessee filed a return showing an income of Rs. 62,572 including the sum of Rs. 22,730 and claiming the spread over of this amount under s. 89(1) of the Act. The assessment was originally completed under s. 143(1)...
Commissioner of Income Tax Vs. Sembi Traders
Court: Chennai
Decided on: Oct-10-1995
Reported in: [1996]221ITR410(Mad)
Thanikkachalam, J. 1. At the instance of the Department, the Tribunal referred the following question for the opinion of this Court, under s. 256(1) of the IT Act, 1961 : 'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding and had also valid materials to hold that the sum of Rs. 40,814 being the advance made to Ms Iran International Films should be allowed as business loss while computing the total income of the assessee for the year 1977-78 ?' 2. The assessee is a registered firm doing business in the distribution of films. It had claimed an amount of Rs. 40,814 being advance of sum of Rs. 25,814 and Rs. 15,000 made in the years ending 31st March, 1972, and 31st March, 1973, to Iran International Films at No. 44/2, Mowbrays Road, Madras-18, towards the production of a picture named, 'Allahu Akbar'. The payments were made in pursuance of an agreement dt. 21st Feb., 1972. Mr. Akthar Lufti, the main partner of the said firm had agreed...
M.P. Purushothaman Vs. N. Sankaran
Court: Chennai
Decided on: Oct-10-1995
Reported in: [1996]221ITR187(Mad)
Shivappa J. 1. In this case, the respondent has filed a complaint for the assessment year 1982-83 on the ground that the petitioner herein committed offences under sections 276C(1) and 277 of the Income-tax Act, 1961, and sections 193, 196 and 420 read with section 511 of the Indian Penal Code, 1960. It is stated in the complaint that the account books have been fabricated to make it appear as if a sum of Rs. 5,00,000 had been received from associated Liquor Traders and paid to arrack blending unit, whereas in fact there was no such receipt from associated Liquor Traders and the amount was only out of the unaccounted money of the petitioner herein. It is also stated in the complaint that the statement of the petitioner is deliberately false and he has concealed the income and evaded the tax to the tune of Rs. 4,74,825 for the assessment year 1982-83. Whether he is intentionally fabricating the books of account or making false entries in the books of account or suppressing the source of...
T. Stanes and Co. Ltd. Vs. Commissioner of Income Tax
Court: Chennai
Decided on: Oct-10-1995
Reported in: [1996]221ITR209(Mad)
The Court 1. At the instance of the assessee, the Tribunal referred the following three questions for the opinion of this Court for three assessment years, viz., 1973-74, 1974-75 and 1975-76 under s. 256(1) of the IT Act, 1961 : '(1) Whether the Tribunal was right in holding that the assessee is not entitled to a deduction of Rs. 18,677 or any part thereof representing pension payment to retired employees of the company in the computation of income for the asst. yr. 1973-74 (2) Whether the Tribunal was right in holding that the assessee is not entitled to a deduction of Rs. 18,216 or any part thereof representing pension payment to retired employees of the company in the computation of income for the asst. yr. 1974-75 (3) Whether the Tribunal was right in holding that the assessee is not entitled to a deduction of Rs. 17,399 or any part thereof representing pension payment to retired employees of the company in the computation of income for the asst. yr. 1975-76 ?' 2. The issue invol...
Southern Steel Industries Vs. Appellate Assistant Commissioner (C.T.), ...
Court: Chennai
Decided on: Oct-10-1995
Reported in: (1996)IMLJ94
Shivaraj Patil, J. 1. The petitioner has sought for a writ of certiorarified mandamus to call for the records of the first respondent in his proceedings A.P. No. 7 of 1991 and quash the order dated March 17, 1994 as illegal and void, and further to direct the first respondent to re-hear the appeal in accordance with the provisions of the Act after granting one more opportunity to the petitioner. 2. Briefly stated, the facts giving rise to this writ petition are as under : The petitioner is a registered dealer under the provisions of the Tamil Nadu General Sales Tax Act, 1959, hereinafter referred to as 'the Act'. The petitioner is an assessee and is engaged in the manufacture of M.S. rounds. It is purchasing raw materials in the form of scraps and converts them into M.S. rounds. The second respondent based on an inspection dated September 30, 1989, proposed to reject the reported turnover on the basis of the inspection made by the Enforcement Officials which revealed certain defects. H...
Southern Steel Industries Vs. the Appellate Assistant Commissioner (C. ...
Court: Chennai
Decided on: Oct-10-1995
Reported in: (1996)1MLJ94
ORDERShivaraj Patil, J.1. The petitioner has sought for a writ of certiorarified mandamus to call for the records of the first respondent in his proceedings A.P. No. 7 of 1991 and quash the order dated 17.3.1994 as illegal and void, and further to direct the first respondent to rehear the appeal in accordance with the provisions of the Act after granting one more opportunity to the petitioner.2. Briefly stated, the facts giving rise this writ petition are as under: The petitioner is a registered dealer under the provisions of the Tamil Nadu General Sales Tax Act, 1959, herein-after referred to as 'the Act'. The petitioner is an assessee and is engaged in the manufacture of M.S. Rounds. It is purchasing raw materials in the form of scraps and converts them into M.S. Rounds. The second respondent based on an inspection dated 30.9.1989 proposed to reject the reported turnover on the basis of the inspection made by the Enforcement Officials which revealed certain defects. Hence he issued a...
Siggil India Limited (Formerly the South India Carbonic Gas Industries ...
Court: Chennai
Decided on: Oct-10-1995
Reported in: (1996)1MLJ98
ORDERShivaraj Patil, J.1. The petitioner has sought for issuing a writ of declaration under Article 226 of the Constitution of India, declaring that Serial No. 25, Part E of the First Schedule to the Tamil Nadu General Sales Tax Act, 1959 is ultra vires Section 3(2) of the Act, and in any view void and unenforceable being ultra vires ArticleS 14, 19(l)(g) and 301 of the Constitution of India.2. The petitioner states that it is a company incorporated under the Companies Act, 1956. They have factories in Tamil Nadu at Manali and Tuticorion, and at Vizagapattinam in Andhra Pradesh. The factories in Tamil Nadu are adjacent to Madras Fertilizers Limited, Manali and Southern Petro Chemical Industries Corporation Limited, Tuticorin respectively. They purchase carbon dioxide (co2) from these two suppliers which is a by produce in the course of manufacture of fertilizers. Carbon-di-oxide purchased are received in compressed form at a pressure of 150 to 200 P.S.I. (Pounda/Sq. inch) as against no...
Commissioner of Income-tax Vs. Tamil Nadu Industrial Investment Corpor ...
Court: Chennai
Decided on: Oct-10-1995
Reported in: [1996]218ITR620(Mad)
The judgment of the court was delivered byTHANIKKACHALAM J. - At the instance of the Department, the Tribunal referred the following three questions for the opinion of this court under section 256(1) of the Income-tax Act, 1961 :'(1) Whether, on the Facts and in the circumstances of the case, the Appellate Tribunal was right in deleting the inclusion of Rs. 51,88,655 being interest, commitment charges and guarantee commission on accrual basis in the assessment year 1976-77 ?(2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in deleting the inclusion of Rs. 1,21,312 being the interest accrued on the amounts due on which the assessee had obtained court decree for recovery ?(3) Whether the Appellate Tribunals view that the method of accounting followed by the assessee in crediting the interest in the suspense account with reference to sticky loans could be accepted is sustainable in law ?'The assessee is a public limited company. For the asses...
K. Balakumar Vs. M.S. Jayaprakash and 3 ors.
Court: Chennai
Decided on: Oct-09-1995
Reported in: 1995(2)CTC562; (1996)IMLJ9
ORDERRengasamy, J.1. This Appeal is against the order of the 10th Assistant Judge, City Civil Court, Madras, in O.P. No. 192 of 1975, dismissing the petition seeking permission to file the suit as an indigent person.2. The appellant's mother by name Narasammal, filed the petition seeking permission to file the suit as an indigent person. The learned 10th Assistant Judge, City Civil Court, dismissed the petition, against which a revision was filed in this Court and this Court, allowing the revision, remanded the matter for fresh consideration. During the pendency of this petition for enquiry, the appellant's mother Narasammal died and the appellant herein got impleaded himself as the legal heir of the said Narasammal. He continued this petition under Order 33 Rule 1 Code of Civil Pocedure as legal heir of his mother seeking permission to file the suit without payment of the Court fee. The 10th Assistant Judge, City Civil Court, has dismissed the petition holding that as this petition wa...
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