Madhya Pradesh Court October 1979 Judgments
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Jaora Sugar Mills Ltd. Vs. Union of India and Another.
Court: Madhya Pradesh
Decided on: Oct-12-1979
Reported in: [1982]134ITR385(MP)
VIJAYVARGIYA J. - This is a petition under arts. 226 and 227 of the Constitution of India.The material facts giving rise to this petition are as follows : The petitioner is a limited company carrying on business at Jaora. The petitioner-company filed its return of income for the assessment year 1972-73 on July 31, 1972, the accounting year having ended on October 31, 1971. The ITO, respondent No. 3, completed the assessment on February 14, 1975, under s. 143(3) of the I.T. Act (hereinafter referred to as 'the Act'). The respondent No. 3 allowed a rebate of Rs. 3,98,290 as admissible deduction being business expenditure. The rebate claimed by the company and allowed was at Rs. 10 per quintal paid to M/s. Madanlal Nandlal on the sales of sugar. The petitioner filed an appeal against the order of assessment to the AAC, Special Range, Indore, under s. 246(c) of the Act which was partly allowed on May 22, 1975. It is not in dispure that the claim for rebate made by the: petitioner and allow...
Sharad Trading Co., Rajegaon Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Oct-11-1979
Reported in: AIR1980MP91; 1980MPLJ227
Singh, C.J.1. By notification issued in Madhya Pradesh Gazette dated 29th December 1972 tenders were invited from persons or parties desirous of purchasing Tendu leaves in various Tendu Patta units of Madhya Pradesh. This invitation of tenders for purchase of Tendu leaves was for the season ending on 31st December 1973. The petitioner submitted its tender for Unit No. 38-Kosmi. The tender of the petitioner was accepted and an agreement was executed between the petitioner and the Govt. under which the petitioner became purchaser of tendu leaves of the aforesaid unit for the season ending on 31st December 1973. Sub-clauses (2) to (5) of Clause 2 of the agreement contained conditions for renewal of the agreement for the next season. These clauses read as follows;'(2) The Government may in its discretion renew this Agreement for a further period of one year only provided the following conditions are satisfied :-- (i) The purchaser has done pruning during the period covered by this Agreemen...
Addl. Commissioner of Income-tax Vs. Brijmohan Jaiswal
Court: Madhya Pradesh
Decided on: Oct-11-1979
Reported in: [1983]139ITR568(MP)
Vijayvargiya, J. 1. By this reference under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as ' the Act '), the Income-tax Appellate Tribunal, Indore Bench, Indore has referred the following question of law for the opinion of this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that for the purpose of levy of penaltyunder Section 271(1)(c) of the Income-tax Act, 1961, the quantum of penalty is to be worked out in accordance with the law which was prevailing in the year of assessment and that the amendment with effect from April 1, 1968, will not have retrospective operation for any of the three years under reference ?'2. The material facts giving rise to this reference as set out in the statement of the case are as follows :The assessee is an individual and the assessment years involved are 1963-64, 1964-65 and 1965-66, The original assessment in respect of the aforesaid years were completed by the ITO, Su...
Additional Commissioner of Income-tax Vs. Ratanchand Sewakram
Court: Madhya Pradesh
Decided on: Oct-09-1979
Reported in: [1985]151ITR112(MP)
Sohani, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter called 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following; question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that since the default is attributable to thereturn of income filed in the course of the original assessment proceedings pertaining to the assessment year 1965-66, the amended provisions of Section 271(1)(c) with effect from April 1, 1968, are not applicable and, accordingly, cancelling the penalty levied under Section 271(1)(c) of the Income-tax Act '2. The material facts giving rise to this reference, as set out in the statement of case, briefly are as follows : The assessee is an individual and the assessment year in question is 1965-66. A return of his income for the said assessment year was filed by the assessee and the assessment was completed. Subseq...
Addl. Commissioner of Income-tax Vs. Kantilal Jain
Court: Madhya Pradesh
Decided on: Oct-05-1979
Reported in: [1980]125ITR373(MP)
Vijayvargiya, J.1. At the instance of the Addl. Commissioner of Income-tax, M.P., Bhopal, the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following question of law for the opinion of this court under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as ' the Act ') :' Whether the Tribunal was justified in law in holding that the exercise of jurisdiction under Section 263 by the Additional Commissioner of Income-tax in respect of penalty actions is without jurisdiction and bad in law '2. The material facts as set out by the Tribunal in the statement of the case are these : The assessee is an individual of Indore and the assessment year involved is 1966-67. The ITO completed the assessment of the assessee on a total income of Rs. 80,972. The ITO while passing the assessment order did not invoke the provisions of Section 217 or Section 273(b) of the Act. The Addl. Commissioner exeicising his jurisdiction under Section 263 of the Act found that for the...
Nandkishore Girdharilal Modi Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Oct-03-1979
Reported in: [1981]132ITR868(MP)
Vijayvargiya, J. 1. By this reference under Section 27(1) of the W.T. Act, 1957 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law, for our opinion : ' (1) Whether, in the facts and circumstances of the case and in view of the Supreme Court decision in CWT v. Arundhati Balkrishna : [1970]77ITR505(SC) , the Tribunal was justified in law to include gold ornaments in jewellery (2) Whether gold ornaments not studded with jewels are jewellery within the meaning, of Section 5(1)(viii) of the Wealth-tax Act?' 2. The material facts giving rise to this reference are these: The assessee is an individual of Indore and the assessment year involved is 1968-69. The assessee had originally filed a return declaring his total wealth at Rs. 1,40,054. Subsequently, he filed a revised return declaring his total wealth at Rs. 1,00,754. The assessee made a claim before the WTO for the exemption of jewellery weighing 2,788 gra...
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