Chennai Court November 2001 Judgments
Dr. Rajah Sir M.A. Muthiah Chettiar of Chettinad (Huf) Vs. Commissione ...
Court: Chennai
Decided on: Nov-26-2001
Reported in: (2004)187CTR(Mad)658; [2004]265ITR592(Mad)
R. Jayasimha Babu, J.1. One Kumara Raja Muthiah Chettiar, who was a member of a Hindu undivided family, died on January 24, 1970, leaving behind him, his wife, Kumara Rani Meenakshi Achi, his parents, Rani Meyyammai Achi and M.A. Muthiah Chettiar, and his brother, M.A.M. Ramasamy. By virtue of proviso to Section 6 of the Hindu Succession Act, a notional partition was required to be effected among the members of the Hindu undivided family and after excluding 1/3rd share of the deceased Kumara Raja Muthiah Chettiar the remaining 2/3rds alone belongs to the Hindu undivided family comprising of Raja Muthiah Chettiar, his wife, Rani Meyyammai Achi, and their son, M.A.M. Ramasamy.2. The estate duty assessments (?) of this Hindu undivided family for the assessment years 1970-71 to 1978-79 were initially made by excluding not only 1/3rd value of the assets of the Hindu undivided family as it existed immediately prior to the demise of Kumara Raja Muthiah Chettiar, but also deducting the estate ...
Tag this Judgment!Cit Vs. R.K.K.R. Steels (P) Ltd.
Court: Chennai
Decided on: Nov-26-2001
Reported in: (2002)178CTR(Mad)172
R. Jayasimha Babu, J.The Tribunal has accepted the assessee's case that the expenditure incurred on the education of the son of the director abroad should be treated as business expenditure, reversing the view of the Commissioner (Appeals) and the assessing authority. The assessment year is 1977-78.2. The assessee which is engaged in re-rolling and manufacturing of steel had claimed that the sum of Rs. 64,922 expended on meeting the cost of travel to USA and the expenditure connected with the education of the son of Balwant Rai who was the director of the company, is deductible as business expenditure as the said Rajiv Rai had acquired a M.B.A. degree and had later on joined the company. There was no agreement between Rajiv Rai and the company before he was sent to abroad. There was no requirement that he should join the company after completing his education. Being the son of the director of a private limited company which was apparently family owned he became a director of the compan...
Tag this Judgment!Commissioner of Wealth-tax Vs. T.R. Varadarajan
Court: Chennai
Decided on: Nov-26-2001
Reported in: [2002]258ITR285(Mad)
R. Jayasimha Babu, J.1. The questions referred, which arise from the assessment of the respondent for the assessment year 1980-81 are as follows : '1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the liabilities in dispute relating to the purchase of cotton shown in the notes to the balance-sheet should also be deducted in determining the value of shares ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the proposed dividend of Rs. 2,52,000 for the year ended on September 30, 1978, declared on May 28, 1979, was eligible for deduction as a liability in arriving at the value of shares of the company ?' 2. A similar question concerning the same assessee for other assessment years was considered by this court in T. C. Nos. 54 to 56 of 1984 and connected cases, decided on December 24, 1997 (CWT/IT v. T.R. Kannan [2001] 252 ITR 382). For the reasons given in that judgment, th...
Tag this Judgment!Poompuhar Shipping Corpn. Ltd. Vs. Jt. Cit
Court: Income Tax Appellate Tribunal ITAT Chennai
Decided on: Nov-23-2001
Reported in: (2003)85ITD564(Chennai)
These three appeals filed by the assessee-company M/s. Poompuhar Shipping Corporation Limited, Chennai, against the respective appellate orders of the Commissioner (Appeals)-V, Chennai, dated 31-1-2001, consist of identical grounds of appeal and hence the same were clubbed together, heard together and are being disposed of by this common and consolidated order for the sake of brevity and convenience.The succinct facts of the case are that the assessee is a company wholly owned by the Government of Tamil Nadu, engaged in the business of plying/chartering ships/vessels. During the year 1985-86, relevant to the assessment year 1986-87 the appellant-company purchased in August, 1985 a ship known as M.V. Tamil Anna at a cost of Rs. 32,75,67,973. The appellant claimed an investment allowance of Rs. 8,18,91,993 for the assessment year 1986-87. During the year ended on 31-3-1987 the company purchased a ship known as M.V. Tamil Periyar on 30-9-1986 at a cost of Rs. 39,63,80,428 and M.V. Tamil ...
Tag this Judgment!Gda Security Private Limited and anr. Vs. the Union of India Represent ...
Court: Chennai
Decided on: Nov-22-2001
Reported in: 2003(89)ECC381; 2002(140)ELT332(Mad); [2003]264ITR396(Mad); 2006[2]STR542
ORDERV.S. Sirpurkar, J.1. This judgment shall govern the abovementioned four petitions, which have been filed by various 'Security and Detective Agencies', challenging the provisions of Sections 66 and 67 of the Finance Act, 1994. In fact, from the prayer it appears that the challenge is to the said Act generally and the abovementioned Sections particularly.2. Petitioners case is that they are the Security and Detective Agencies, who render and provide assistance of security to any property or person by providing security personnel or bodyguards for security, undertaking detective activities, investigate matters such as financial credibility of persons, trademark or copyright infringements, etc. They also verify the veracity of incidents, claims of statements of clients and their case is that the assistance provided by them is not only service rendered, but jobs carried out on behalf of the client amounting to recoverable expenses of the actual expense, cost or price incurred. Their cl...
Tag this Judgment!Tamil Nadu Tobacco Company Limited Vs. Commr. of C. Ex., Coimbatore
Court: Chennai
Decided on: Nov-22-2001
Reported in: 2002(142)ELT533(Mad)
ORDERF.M. Ibrahim Kalifulla, J. 1. The petitioner in the above two writ petitions is aggrieved inasmuch as, the appeal filed before the Customs, Excise & Gold (Control) Appellate Tribunal, Chennai was directed to be sent to the main Bench at New Delhi along with certain other appeals stated to be pending before the main Bench. 2. Mr. Habibullah Badsha, learned Senior Counsel appearing for the petitioner contended that the rules do not provide for such unilateral action by the second and third respondent in resorting to such shifting of appeals without giving an opportunity. According to the learned Counsel enabling the petitioner to file the appeal before the third respondent was on the footing that its registered office is located within the jurisdiction of the third respondent. 3. Having heard Mr. V.T. Gopalan, learned Additional Solicitor General, I am of the view that since the proceedings of the third respondent dated 17-12-1999, a copy of which is stated to have been forwarded to...
Tag this Judgment!Indian Sugar and General Industry Export Import Corporation Ltd. Vs. C ...
Court: Chennai
Decided on: Nov-22-2001
Reported in: [2002]127STC339(Mad)
ORDERR. Jayasimha Babu, J.1. Whether the non-specification of the rate and the stage at which imported sugar is to be taxed, with reference to the sugar imported by the petitioner in March and April 1994, disentitles the State from levying sales tax on that sugar is the question which requires our consideration in this writ petition.2. The principal submission urged is that imported sugar is an item of declared goods having regard to entry (viii) in Section 14 of the Central Sales Tax Act, 1956, that sugar being covered under subheading No. 1701.39 of the Schedule to the Central Excise Tariff Act, 1985, to which entry (viii) in Section 14 of the Central Sales Tax Act refers, and that the State Legislature had not, till the year 1998, specified the rate and stage of levy for imported sugar, that specification having been made only with effect from May 4, 1998 under the Tamil Nadu Act 21 of 1998, which introduced item 71-A in Part B of the First Schedule to the Act making the sale of suc...
Tag this Judgment!Commissioner of Income Tax Vs. Gordhandas Bhagwandas Charitable Trust
Court: Chennai
Decided on: Nov-22-2001
Reported in: (2004)186CTR(Mad)684
R. Jayasimha Babu, J. 1. The Tribunal followed an order made by it in another case where the facts are similar. That order was brought before us in a reference and that reference was answered by us against the Revenue. The decision is in the case of CIT v. Samyuktha Gowda Saraswatha Sabha : [2000]245ITR242(Mad) . It was held therein that the objects of the assessee were spreading education and other objects of general utility. The letting out of the Kalyana Mandapam was not one of the objects of the assessee, but an activity carried on to fulfil the objects of the trust. The income derived from the Sabha was not its business income, but its property income and, therefore, the provisions of Section 13(1)(bb) of the IT Act, 1961, were not applicable.2. In this case also the object of the trust is to provide medical relief to the poor and spread education. The income received by it by letting out the Kalyana Mandapam is, therefore, income from property and not business income. The income ...
Tag this Judgment!Commissioner of Income Tax Vs. S. Kamalahasan
Court: Chennai
Decided on: Nov-22-2001
Reported in: (2004)188CTR(Mad)143
R. Jayasimha Babu, J.1. The AO took the view that the method of accounting adopted by the assessee did not reflect his true income. Therefore, he added further sums to what had been reported by the assessee as his income. The assessment year is 1982-83.2. The assessee received moneys from Hasan brothers, with which he had entered into an agreement, in terms of which the firm was to hire out the assessee's service to others, receiving the entire consideration (or such service and pay 3/4th of the gross receipt to him upto 31st March, 1979 and thereafter 1/2 of gross receipts or Rs. 50,000 per annum, whichever was higher. The assessee as also the firm had been following a method of accounting under which amounts received for films either in instalments or as advance at different points of time, were accounted for, fully in the year the picture was released. That method was accepted by the AO for the earlier years and has been followed for the assessment of the firm as also the assessee i...
Tag this Judgment!Gda Security (P) Ltd Vs. Union of India
Court: Chennai
Decided on: Nov-22-2001
Reported in: [2002]121TAXMAN128(Mad)
ORDERV.S. Sirpurkar, J. This judgment shall govern the above-mentioned four petitions, which have been filed by various 'Security and Detective Agencies', challenging the provisions of sections 66 and 67 of the Finance Act, 1994. In fact, from the prayer it appears that the challenge is to the said Act generally and the above-mentioned sections particularly.2. Petitioners' case is that they are the Security and Detective Agencies, who render and provide assistance of security to any property or person by providing security personnel or bodyguards for security, undertaking detective activities, investigate matters such as financial credibility of persons, trademark or copyright infringements, etc. They also verify the veracity of incidents, claims of statements of clients and their case is that the assistance provided by them is not only service rendered, but jobs carried out on behalf of the client amounting to recoverable expenses of the actual expense, cost or price incurred. Their c...
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