Madhya Pradesh Court August 1979 Judgments
National Textile Corporation (M.P.) Ltd., Bhopal Vs. M.P. Electricity ...
Court: Madhya Pradesh
Decided on: Aug-31-1979
Reported in: AIR1980MP32; 1980MPLJ233
G.P. Singh, C.J.1. The Petitioner National Textile Corporation (M.P.) Ltd. is a Government Company registered under the Companies Act, 1956. The petitioner is a subsidiary of the National Textile Corporation Ltd., also a Government Company registered under the Companies Act. The petitioner manages a number of textile undertakings including the following; (1) Indore Malwa United Mills, Indore, (2) Swadeshi Cotton & Flour Mills, Indore, (3) Burhanpur Tapti Mills, Burhanpur, (4) Hira Mills. Ujjain, (5) New Bhopal Textiles, Bhopal, and (6) Bengal Nagpur Cotton Mills, Rajnandgaon. These textile undertakings before nationalisation were owned by a number of Companies, hereinafter referred to as the owners. The names of the owners are given in para 6 of the petition. The aforesaid undertakings immediately before nationalisation were under the management either of the Authorised Controller appointed by the Government of India under Section 18 of the Industries (Development and Regulation) Act, ...
Tag this Judgment!S.M. Trivedi Vs. Addl. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-31-1979
Reported in: [1981]130ITR73(MP)
Oza, J. 1. This is a reference made by the Income-tax Appellate Tribunal, Indore, on a direction from this court in Misc. Civil Case No. 24 of 1970, dated August 13, 1973. The question on which the opinion of this court is sought is :'Even if it is ultimately decided by the Tribunal that the income derived from the business carried on in the name and style of M/s. Dye-stuffs and Insecticides is to be treated as the assessee's income, whether, in the facts and circumstances of the case, without proof of mens rea, penalty proceedings under Section 271(1)(c) are attracted ?' 2. For the assessment year 1961-62, penalty was imposed against the assessee and the appeal arising out of the penalty proceedings along with the assessment proceedings was heard by the Income-tax Appellate Tribunal, Bombay. It appears that after the judgment of the Tribunal an application was submitted by the assessee for making a reference to the High Court. This application was rejected and later a petition was fil...
Tag this Judgment!S.M. Trivedi Vs. Commissioner of Income-tax (No. 1)
Court: Madhya Pradesh
Decided on: Aug-30-1979
Reported in: [1981]128ITR265(MP)
Oza, J. 1. This is a reference made by the Income-tax Appellate Tribunal, Indore, for answering the question : 'Whether, on the facts and circumstances of the case, the inference could be drawn that the business done in the name and style of the Dyestuffs and Insecticides at Indore in the relevant period belonged to the assessee and was not the business of his nephew, Shri Yogesh Trivedi ?'2. It appears that initially when the petitioner-assessee approached the Tribunal to make a reference to this court the Tribunal rejected the prayer holding that no question of law arises. Thereafter, the petitioner approached this court under Section 256(2) of the I.T. Act and a Division Bench of this court in Misc. Civil Case No. 110 of 1970 by its order dated 13th August, 1973, directed the Tribunal to state a case on the question quoted above. And in consequence of the direction of this court, the Tribunal has made this reference.3. The assessee is an individual and the assessment year under cons...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. Krishnaram Baldeo Bank (P.) Ltd.
Court: Madhya Pradesh
Decided on: Aug-29-1979
Reported in: [1983]144ITR608(MP)
K.K. Dube, J.1. This and the other six applications are made at the instance of the Additional Commissioner of Income-tax seeking a direction of this court to direct the Income-tax Appellate Tribunal to state the case and refer questions of law arising out of the orders of the Tribunal in I.T.As. Nos. 1531, 1532 and 1533 of 1969-70, 454 and 3735 of 1970-71 and 580 and 581 of 1971-72. The order in this case shall also govern the disposal of Misc. Civil Cases Nos. 104/76, 105/76, 106/76, 107/76, 108/76 and 109/76.2. Though the seven cases relate to different periods, the controversy arising out of them is common. The parties are the same and the facts are also similar. The Income-tax Appellate Tribunal refused to draw up the statement of the case and hence the above applications.3. The assessment years in question are 1961-62, 1962-63, 1963-64, 1964-65, 1965-66, 1968-69 and 1969-70 and the corresponding previous years are calendar years 1960, 1961, 1962, 1963, 1964, 1967 and 1968. The br...
Tag this Judgment!Commissioner of Income-tax Vs. Shri Krishandas Agarwal and ors.
Court: Madhya Pradesh
Decided on: Aug-23-1979
Reported in: [1983]143ITR798(MP)
G.P. Singh, C.J.1. This is a reference made by the Income-tax Appellate Tribunal referring for our answer the following question of law:' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in cancelling the penalty levied under Section 271(1)(a) on the ground that the firm in which the assessee is a partner has already been penalised for identical default and the default committed by the assessee is coextensive with the default committed by the firm '2. The relevant assessment year is 1963-64. The returns were due on 30th June, 1963. The returns were filed on 30th December, 1963, by the partners. The ITO found that the forms were not available till 10th August, 1963, but thereafter there was no justification for not filing the returns. Penalty was, therefore, imposed on the partners under Section 271(1)(a) of the I.T. Act, 1961. In appeal, the AAC came to the conclusion that the returns ought to have been filed within 35 days from the receipt of the ...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. Hiralal Munnalal
Court: Madhya Pradesh
Decided on: Aug-23-1979
Reported in: [1980]124ITR728(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, has referred the following questions for our opinion :'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the amendment made in Section 271(1)(c) which is to come into effect from April 1, 1968, has no retrospective effect ? (ii) Whether the Tribunal was justified in reducing the quantum of penalty to 30% of the tax sought to be avoided, as against the penalty of Rs. 8,200 levied by the IAC ' 2. The assessee, M/s. Hiralal Munnalal of Ujjain, an HUF, deriving income from money-lending and silver business and also from house property, filed a return of income for the assessment year 1965-66 on September 30, 1968. The assessee disclosed its income in the return at Rs. 4,096. The ITO found that the accounts of the assessee were defective. He, therefore, rejected the book ver...
Tag this Judgment!Mohanlal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Aug-21-1979
Reported in: AIR1980MP1; 1979MPLJ801
C.P. Sen, J.1. This case has been referred to the Full Bench by the learned single Judge for decision. In the order of reference no specific question has been framed but it appears that the learned single Judge had doubts about the decision of the Division Bench of this Court in Badriprasad v. State of Madh. Pra. Misc. First Appeal No. 156 of 1971, D/- 18-2-1975.2. In the auctions held on 24-8-1956 the appellant took on lease coupe No. 1 in Tumadabra for Rs. 3100/- and coupe No. 1 in Bundela Kachhar for Rupees 8200/- for extracting timber from these coupes. Both these coupes were in North Bilaspur Forest Division. The amounts of the lease money were payable by instalments and the time of payment of the instalments was the essence of the contract. Regarding the lease of Tumadabra coupe, the appellant deposited the first instalment on 4-10-1956 instead of on 24-8-1956 but the lease deed was executed by the D. F. O. He further defaulted in paying the other instalments. Accordingly, the le...
Tag this Judgment!Jaora Sugar Mills P. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-21-1979
Reported in: [1980]124ITR482(MP)
Oza, C.J.1. This is a reference made by the Income-tax Appellate Tribunal, The reference relates to the assessment year 1961-62 for which the accounting period ended on 31st October, 1960. The assessee, the Jaora Sugar Mills (P.) Ltd., is a private limited company. It filed its return accompanied by computation of income. The assessee made a claim for additional depreciation of Rs. 1,58,444 on the ground that the HUF of Kalooram Govindram was working this sugar factory in the past. There was a partition suit in 1942 and in consequence of a partition decree the Jaora Sugar Mills was purchased at an auction by competitive bid between the two branches of the HUF. The HUF of Kalooram Govindram purchased the factory for Rs. 34,00,000. The movable and immovable assets of the sugar factory were sold by the HUF--Kalooram Govindram--to Jaora Sugar Mills (P.) Ltd., the present assessee, for a sum of Rs. 32,07,511-11-9. It, is further alleged that the parties at the time of sale and also at the t...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. Chokhelal Sharda Prasad
Court: Madhya Pradesh
Decided on: Aug-20-1979
Reported in: [1983]143ITR801(MP)
G.P. Singh, C.J.1. This is a reference under Section 256(1) of the I.T. Act, 1961, referring for our answer the following questions of law :' (1) Having come to the finding that a penalty under Section 271(1)(a) could be imposed in a case of this kind, was the Tribunal right in law in cancelling the penalty relying on the observations of the Supreme Court in the case of Hindustan Steel Ltd. v. State of Orissa : [1972]83ITR26(SC) ? (2) Whether the Tribunal was right in law in not going into the question of the existence of reasonable cause in the case of the assessee, for its failure to file the return within time and in not recording a finding whether the assessee was or was not guilty of such default which rendered it liable for a penalty under Section 271(1)(a) ? (3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in cancelling the penalty ' 2. The facts stated are as follows. The assessee is a registered firm. For the asseesment year 1964-65...
Tag this Judgment!Balkishandas Vs. Har Narayan and ors.
Court: Madhya Pradesh
Decided on: Aug-17-1979
Reported in: AIR1980MP43a
J.S. Verma, J.1. The question referred to us for decision in the following viz.,--'Whether in compliance with the order dated 5-2-1976 passed by the then Chief Justice (Shiv Dayal, C. J.), it is not necessary to list a petition under Articles 226/227 of the Constitution filed in any of the Bench Registries raising the question of vires of any enactment, rule, order or notification etc. also for motion hearing at the principal seat of the High Court?'2. The identical orders dated 5-2-1976 were passed by Shiv Dayal, C. J. which read as under:--'In exercise of the powers conferred on me by the proviso to the Notification No. 16/20/68-Judl. III, dated November 28, 1968, issued by the President under Section 51(2) of the States Reorganisation Act, 1956, (No. 36 of 1956), establishing a permanent Bench of the Madhya Pradesh High Court at Gwalior, And in supersession of all previous orders so far issued in exercise of the powers under the aforesaid proviso, I hereby order that with effect fro...
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