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Chennai Court August 1998 Judgments

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Aug 03 1998

Sri Krishna Mercerisers Vs. Commissioner of Income-tax and anr.

Court: Chennai

Decided on: Aug-03-1998

Reported in: [1999]237ITR223(Mad)

Mrs. T. Meenakumari, J. 1. This writ petition is filed by one of the partners of the petitioner firm. It is alleged that the firm is carrying on business in mercerising and is liable to be assessed to income-tax under the Income-tax Act, 1961. It is also stated that from the year 1971-72 onwards, the petitioner-firm was assessed to income-tax as a registered firm by the assessing authority. The petitioner-firm filed the return of income for the assessment year 1987-88. It is also averred that the petitioner-firm also filed Form No. 12 prescribed as per the Income-tax Rules, 1962, for continuation of the registration of the firm for the assessment year on July 29, 1987. By assessment order under Section 145(1) of the Act, dated November 20, 1987, the second respondent, accepting the return which included the claim of status of the assessee as a registered firm, without granting any opportunity to the petitioner, passed the assessment order, assessing the petitioner as an unregistered fi...


Aug 03 1998

Sri Krishna Mercerisers Vs. Commissioner of Income Tax and anr.

Court: Chennai

Decided on: Aug-03-1998

Reported in: (1999)152CTR(Mad)188

ORDERT. MEEMAKUMARI, J.:This writ petition is filed by one of the partners of the petitioner firm. It is alleged that the firm is carrying on business in mercerising and is liable to be assessed to income-tax under the IT Act, 1961. It is also stated that from the year 1971-72 onwards, the petitioner firm was assessed to income-tax as a registered firm by the assessing authority. The petitioner firm filed the return of income for the asst. yr. 1987-88. It is also averred that the petitioner firm also filed Form 12 prescribed as per the IT Rules, 1962, for continuation of the registration of the firm for the assessment year on 29th July, 1987. By assessment order under s. 143(1) of the Act, dt. 20th Nov., 1987, the second respondent accepting the return which included the claim of status of the assessee as a registered firm, without granting any opportunity to the petitioner, passed the assessment, assessing the petitioner as an unregistered firm on the ground that the declaration in Fo...


Aug 03 1998

P. Murugesan Vs. S. Avinasilingam Chettier (Died) and ors.

Court: Chennai

Decided on: Aug-03-1998

Reported in: (1998)3MLJ444

I. David Christian, J.1. Appeal against the judgment and decree made in A.S.No. 21 of 1982 dated 21.9.1982 on the file of the First Additional Subordinate Judge, Coimbatore confirming the decree granted in favour of the plaintiff in O.S.No. 436 of 1981 on the file of the Third Additional District Munsif, Coimbatore dated 1.10.1981.2. The twice defeated defendant is the appellant in the second appeal.3. The plaintiff Avanasilingam Chettiar filed a suit against the defendant praying for damages of Rs. 10,000 alleging that the plaintiff, defendant and two others constituted a partnership firm under the name and style 'M/s. Metal and Glass Industries, Madras', that the partnership firm was registered on 29.12.1962, that even before that on 4.7.1962, the plaintiff has purchased the suit property in Tiruvanmiyur under a sale deed dated 4.7.1962, that the said property was purchased in the name of the plaintiff, defendant and other two persons who were the partners of the abovesaid firm, that...


Aug 03 1998

Commissioner of Income Tax Vs. K.S. Venkataraman and Co. (P) Ltd.

Court: Chennai

Decided on: Aug-03-1998

Reported in: (1999)155CTR(Mad)297

ORDERR. JAYASIMHA BABU, J.The common question that has been referred to us for our consideration is as to whether the assessee who is engaged in the construction of buildings as also in the manufacture of doors, windows, cement slabs, etc. and from which activities of manufacture the assessee claims to derive 51 per cent of its income is a manufacturing company for the purpose of Finance (No. 2) Act, 1977. The assessment years are 1973-74 to 1977-78.2. 'Industrial company' is defined in s. 2(7)(c) of Finance (No. 2) Act, 1977, as follows :'Industrial company' means a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining.Explanation : For the purposes of this clause, a company shall be deemed to be mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or...


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