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Jammu and Kashmir Court April 1979 Judgments

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Apr 17 1979

Capital Construction Enterprises Vs. Commissioner of Income-tax

Court: Jammu and Kashmir

Decided on: Apr-17-1979

Reported in: [1981]130ITR649(J& K)

M.B. Farooqi, J.1. The assessee, M/s. Capital Construction Enterprises, Srinagar, is a registered firm carrying on business of executing contracts and works on behalf of the Government. During the accounting period relevant to the assessment year 1972-73, the assessee derived income from one such contract with the M.E.S. department. The ITO computed the assessee's income from the contract on estimate basis after rejecting his account books. He estimated the income at 12 1/2% on an aggregate amount of Rs. 13,55,819 including the cost of cement and iron supplied by the M.E.S. authorities and also the amounts of the deposit retained by them after rejecting the assessee's plea that the income was liable to be computed only on the actual cash receipts amounting to Rs. 9,51,000. On appeal, the AAC upheld the order except as regards the rate of profit which he reduced to 11%. The assessee went up to the Tribunal. Before the Tribunal, the assessee urged two points. Firstly, that the rate of pr...


Apr 02 1979

Habib Ullah and anr. Vs. Gh. Ahmed Baba and ors.

Court: Jammu and Kashmir

Decided on: Apr-02-1979

Reported in: AIR1980J& K23

G.M. Mir, J.1. In view of the challenge thrown to the constitutionality of Sub-section (5) of Section 15 of the Jammu and Kashmir Right of Prior Purchase Act in the two civil second appeals, the matter has been referred to Full Court for consideration and adjudication. The learned counsel for the parties as well as the learned Advocate-General were heard in this regard.2. The trial Court dismissed the suits holding that there was no right of prior purchase in the pre-emptor while the 1st Appellate Court reversed this finding of the trial Court and decreed the suits. It was against the judgment of the District Judge Anantnag that the present appeals have been filed in which, inter alia, an objection has been taken to the effect that the judgment and decree of the 1st Appellate Court not being in ac-cordance with law be set aside as the 1st Appellate Court has failed to take into consideration the unconstitutionality of 'fifthly' of Section 15 of the Right of Prior Purchase Act. It was p...


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