Madhya Pradesh Court September 1979 Judgments
The Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd., Birlagram, UjjaI ...
Court: Madhya Pradesh
Decided on: Sep-28-1979
Reported in: AIR1980MP69; 1980MPLJ272
G.P. Singh, C.J. 1. The petitioner in this petition under Article 226 of the Constitution carries on the business inter alia of manufacture of viscose staple fibre in its staple fibre factories situated at Birlagram, Nagda (M. P.) and Birlakootam, Mavoor (Kerala), The petition pertains to the levy of fees under Rule 21 of the Textile Committee Rules, 1965, on viscose staple fibre manufactured by the petitioner. The petitioner prays for quashing of the notice of demand dated 11th July 1969 and for refund of Rupees 9,66,994.12 recovered as fees from the petitioner under Rule 21. 2. The Textile Committee Act, 1963, was enacted by Parliament on 3rd December 1963. The object of the Act as disclosed in the long title, is to provide for the establishment of a Committee for ensuring the quality of textiles and textile machinery and for matters connected therewith. Section 2(f) of the Act defines 'textile machinery' to mean the equipment employed directly or indirectly for the processing of tex...
Tag this Judgment!Raghunathdas Kakani Vs. Addl. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-25-1979
Reported in: [1980]122ITR952(MP)
Vijayvargiya, J. 1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as ' the Act '), the Income-tax Appellate Tribunal, 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 right in law in holding that the amount of Rs. 15,613 was rightly included in the income of the deceased and the income received after death could be clubbed in the income received prior to death and one assessment could be made of such income '2. The facts of the case, in brief, are as follows : The assessment relates to the assessment year 1969-70, the previous year being the financial year 1968-69. The assessee was Ramnarayan Kakani who died on November 20, 1968. He was a broker. The legal representative of the deceased filed two returns, one up to the death disclosing an income of Rs. 30,380 and another return from November 21, 1968, to March 31, 1969, declaring ...
Tag this Judgment!Jankilal Jaju Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-24-1979
Reported in: [1981]127ITR805(MP)
Sohani, J.1. This is an application under Section 256(2) of the I.T. Act, 1961, hereinafter referred to as the Act.2. The material facts giving rise to this application briefly are as follows : For the assessment year 1969-70, the petitioner filed a return disclosing his income at Rs. 46,224. The assessee also claimed deduction amounting to Rs. 19,560. The ITO rejected the claim of the assessee for deduction and assessed him on the total income of Rs. 35,988. The ITO also initiated penalty proceedings against the assessee and, as the minimum penalty imposable under the Act exceeded Rs. 1,000, the matter was referred to the IAC who, after hearing the assessee, imposed upon him a penalty of Rs. 9,650. The IAC held that the Explanation to Section 271(1)(c) of the Act was attracted and as the assessee had failed to prove that the difference between the returned income and the assessed income was not due to any fraud or gross or wilful neglect on his part, he would be deemed to have conceal...
Tag this Judgment!Nawab and Brothers Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Sep-24-1979
Reported in: [1980]124ITR307(MP)
Sohani, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, hereinafter referred to as the Act, the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : '1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was no effective deed in the year of account relevant to the year under appeal which would have the effect of continuance of registration under Section 184(7) 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that reasonable opportunity of being heard was granted by the Additional Commissioner of Income-tax to the assessee ?' 2. The material facts giving rise to this reference briefly are as follows: The assessee was assessed by the ITO for the assessment year 1969-70 in the status of a registered firm. The ITO completed the assessment on 20th September, 1969, and...
Tag this Judgment!Additional Commissioner of Income-tax Vs. Balwantsingh Sulakhanmal
Court: Madhya Pradesh
Decided on: Sep-24-1979
Reported in: [1981]127ITR597(MP)
Sohani, J.1. By this reference under Section 256(1) of the I.T. Act, 1961, hereinafter called ' the Act ', the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion:' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the default will be attributable to the return filed in the original assessment proceedings even if there was a concealment in the revised return ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the law applicable for the imposition of penalty in this case would be as contained in Section 271(1)(c) prior to its amendment on April 1, 1968, and thereby directing that the quantum of penalty would be calculated with reference to the amount of tax sought to be avoided ' 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 ind...
Tag this Judgment!Addl. Commissioner of Income-tax Vs. Dr. V.V. Shrivastava
Court: Madhya Pradesh
Decided on: Sep-19-1979
Reported in: (1980)14CTR(MP)188; [1980]122ITR908(MP); 1980MPLJ115
G.P. Singh, C.J.1. The questions of law referred for our opinion are asfollows:'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in recomputing the income from profession for both these years for the purposes of computing penalty ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in reducing the quantum of penalties for these years on the basis of income so recomputed ?' 2. The reference has arisen out of penalty proceedings for the assessment years 1965-66 and 1966-67. In the assessment year 1965-66, the assessee was assessed on the basis of his return which was filed on 13th January, 1966. The assessee had not disclosed in the return any income apart from salary. A notice under Section 148 of the I.T. Act, 1961, was issued to the assessee. The assessee filed the return in pursuance of the said notice on 2nd April, 1969. The assessee showed in this return a sum of Rs. 2,000 as professional income. Th...
Tag this Judgment!Pilani Investment Corporation Limited and anr. Vs. Union of India (Uoi ...
Court: Madhya Pradesh
Decided on: Sep-17-1979
Reported in: AIR1981MP140; 1981MPLJ62
G.P. Singh, C.J.1. By this petition under Article 226 of the Constitution, the petitioners challenge two orders issued by the Central Government under Section 18FB(1)(b) of the Industries (Development and Regulation) Act, 1951 and four orders issued under Section 18FB(2) extending the operation of the said orders up to 1st January, 1981. The petitioners also, challenge the constitutional validity of Sections 18FB and 29D of the Act.2, Petitioner No. 1 is an investment holding company and carries on the business of investment and financing monies for business and commercial purposes. Petitioner No. 2 is a shareholder of the petitioner-company. Respondent No. 3 is a company having a factory at Worli, Bombay, and another factory at Ghaziabad in Uttar Pradesh. The respondent company carries on the business of manufacturing bicycles, auto-engines and bicycle parts. The said industry is a scheduled industry under the Act. In June 1970, the petitioner company advanced a clean loan of Rs. 8.5 ...
Tag this Judgment!Mohanlal Hargovinddas Public Charitable Trust Vs. Commissioner of Inco ...
Court: Madhya Pradesh
Decided on: Sep-13-1979
Reported in: (1980)14CTR(MP)414; [1980]122ITR130(MP)
G.P. Singh, C.J.1. The Tribunal has referred for our answer the following questions of law ;'(1) Whether, on the facts and in the circumstances of the case, therejection of the assessee's claim to exemption from tax in respect of thesum of Rs. 37,018 under Section 11(1)(a) of the Income-tax Act is valid inlaw ? (2) Whether, on the facts and in the circumstances of the case, the exemption from tax granted under Section 11(2) of the Income-tax Act, 1961, in respect of the sum of Rs. 2,20,000 is valid in law ?' 2. The assessee in this case is Mohanlal Hargovinddas Public Charitable Trust. There is no dispute that the trust is a public charitable trust and that the charitable activities of the trust are limited to charities within India. The relevant assessment year is 1966-67 for which the previous year ended on 31st December, 1965. In the return, the assessee claimed that the entire 'total income' of Rs. 3,62,242 was derived from property held under trust for a charitable or religious pu...
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