Chennai Court April 1998 Judgments
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T.P. Sokkalal Ramsait Factory (P.) Ltd. Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Apr-01-1998
Reported in: [2000]244ITR369(Mad)
N.V. Balasubramanian, J.1. The two questions of law referred at the instance of the assessee relating to its assessment year 1976-77 are :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the payment of commission to the managing director was remuneration for the purpose of Section 40(c) of the Income-tax Act, 1961, and consequently excess over Rs. 72,000 per annum was liable to be disallowed ?2. Whether, on the facts and in the circumstances of the case, the managing director of the applicant should be considered as an employee of the applicant so as to bring the remuneration paid to the managing director within the scope of Section 40A(5) of the Income-tax Act ?'2. The assessee is a private limited company and the relevant assessment year with which we are concerned is the assessment year 1976-77. The Income-tax Officer applied the provisions of Section 40(c)(i) and (ii) read with Section 40A(5) of the Income-tax Act ...
Rohini Dairy Farm Vs. Commissioner of Income-tax
Court: Chennai
Decided on: Apr-01-1998
Reported in: [2000]244ITR427(Mad)
Janarthanam, J. 1. The assessee--Rohini Dairy Farm--is an unregistered firm. During the assessment proceedings relating to the assessment year 1984-85, the assessee claimed that it had taken loans for the purpose of development of land and repaid the same with interest, after the sale of the land. Loans were taken from seven named persons, totalling to a sum of Rs. 42,000.2. The Assessing Officer disbelieved the version of the assessee about the loans and the capacity of the loanees. Hence, the amount was computed as the assessee's income and penalty proceedings were initiated.3. The Assessing Officer, after giving the assessee an opportunity of being heard, levied penalty on the ground that the explanation offered by the assessee was not satisfactory and the credits were held not genuine. Consequently, he levied penalty, quantifying it at a sum of Rs. 20,536.4. The assessee carried the matter in appeal to the Commissioner of Income-tax (Appeals)-IV, Madras (for short 'the CIT').5. Bef...
Commissioner of Income-tax Vs. E.i.D. Parry India Ltd.
Court: Chennai
Decided on: Apr-01-1998
Reported in: [1999]240ITR253(Mad)
R. Jayasimha Babu, J. 1. The questions referred to us at the instance of the Revenue arising out of the assessment of the respondent for the assessment year 1977-78 are :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding and had valid materials to hold that the provision made by the assessee towards contribution to Death Relief Fund and also the contribution made by it to the employees housing society for constructing the roads should be treated as admissible deductions 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the assessee is entitled to depreciation at the higher rate in respect of plant and machinery that come into contact with corrosive chemicals ?' 2. As regards the contribution made by the assessee to the Death Relief Fund, it has been stated in the order of the Commissioner of Income-tax (Appeals) to whom the assessee had carried an appeal again...
Commissioner of Income-tax Vs. Sundaram Clayton Ltd.
Court: Chennai
Decided on: Apr-01-1998
Reported in: [1999]240ITR271(Mad)
R. Jayasimha Babu, J. 1. The question referred to us at the instance of the Revenue arising out of the assessment of the respondent's income for the assessment year 1976-77, is as to whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the travelling expenses of the wives of the chairman and the managing director of the foreign company should be allowed as a deduction in computing the income of the assessee.2. The chairman and the managing director referred to in the order of reference are the chairman and the managing director of Clayton Dewandre Holding Limited, collaborators of the assessee-company, Sundaram Clayton Limited. They had been invited to India by the assessee-company in connection with its business for the purpose of discussing with the assessee-company their manufacturing and marketing programmes, future plans and other activities and also to visit the assessee's factory to get acquainted with the day-to-day workin...
Commissioner of Income-tax Vs. Asian Marine Products Pvt. Ltd.
Court: Chennai
Decided on: Apr-01-1998
Reported in: [1999]239ITR349(Mad)
N.V. Balasubramanian, J. 1. The question of law referred at the instance of the Revenue relating to the assessee's assessment year 1981-82 for our consideration reads as under :'Whether, on the facts and in the circumstances of the case, the Appellate tribunal was correct in law in holding that the assessee is entitled for relief under Section 80J of the Act in respect of its cold storage plant leased out ?'2. The assessee is a private limited company which processes marine products and exports them to Japan. The assessee claimed before the Income-tax Officer a deduction under Section 80J of the Income-tax Act in respect of the profits from cold storage plant. The Income-tax Officer rejected the claim of the assessee on the ground that the assessee had not done any manufacturing activities but let out the entire machinery on hire during the relevant previous year. The first appellate authority as well as the Appellate Tribunal held that the assessee was entitled to the relief under Sec...
Bhagavat Singh and Etc. Vs. State of Tamil Nadu and ors.
Court: Chennai
Decided on: Apr-01-1998
Reported in: 1998CriLJ3513
T. Jayarama Chouta, J. 1. H.C.P. No. 499 of 1997 has been filed by one Bhagavat Singh, a Law graduate who was undergoing apprenticeship, to issue a writ, order or direction in the nature of a writ of habeas corpus or any other appropriate writ, order of direction:- (a) directing the production of body and person of Lawrence, S/o Sikkirias, now confined in Central Prison, Cuddalore, S.A.V. District before this Court and set-him at liberty forthwith; (b) directing the 3rd respondent to take up the investigation of the whole matter in Cr.Nos. 122, 188,189 and 190/97 on the file of the 2nd respondent herein and also proceed against the officers, concerned who are found to have abused their position in falsely implicating S. Lawrence and other innocents; (c) ordering a just and reasonable amount as compensation to Lawrence for the illegal detention he has suffered; and (d) pass such further or other orders as this Court may deem fit and proper in the circumstances of the case, whereas, H.C....
Commissioner of Income Tax Vs. K.A. Khader Sons
Court: Chennai
Decided on: Apr-01-1998
Reported in: (1999)151CTR(Mad)210
ORDERN. V. Balasubramanian, J.The question of law that is referred to us at the instance of the revenue relates to the interpretation of the provisions of section 69D of the Income Tax Act (hereinafter referred to as `the Act'). The Income Tax Officer invoked section 69D of the Act in the assessee's case and added a sum of Rs. 40,000 to the income returned, by the assessee on the ground that the assessee had borrowed certain money on hundis and it was evidenced by the hundi documents. The Appellate Assistant Commissioner on perusal of the documents in question came to the conclusion that though the documents were written on hundi papers, they were essentially promissory notes and not hundis. The finding of the Appellate Assistant Commissioner was confirmed by the Tribunal which held that the provisions of section 69D of the Act were not attracted to the documents in question. The revenue has challenged that finding of the Tribunal and the following question of law has been referred to ...
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