Madhya Pradesh Court October 1980 Judgments
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Sanjay Cotton Co. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-23-1980
Reported in: [1982]134ITR248(MP)
Shukla, J.1. The Income-tax Appellate Tribunal, Indore, has referred the following question for our opinion :' Whether, on the facts and in the circumstances of the case, the assessee was entitled to the grant of registration under Section 185 of the Income-tax Act, 1961, for the assessment year 1967-68 and for continuance of registration of the firm for the assessment year 1968-69 '2. The assessee is a firm. It had filed an application for registration in the prescribed Form No. 11 along with a copy of the partnership deed dated 20th November, 1965, for the assessment year 1967-68. For the following assessment year 1968-69, the assessee filed an application for continuation of registration in Form No. 12 as prescribed. As registration was not granted for the assessment year 1967-68, application for continuation was also rejected by the ITO.3. The constitution of the assessee-firm as set out in the partnership deed dated 20th November, 1965, is as follows:The constitution of theassesse...
Kalloomal Samaldas Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Oct-23-1980
Reported in: [1983]54STC103(MP)
A.R. Navkar, J.1. This order shall govern disposal of Misc. Civil Case No. 71 of 1980 and Misc. Civil Case No. 72 of 1980 Kalloomal Samaldas, Morena v. Commissioner of Sales Tax, Madhya Pradesh in both cases as well.2. This is a reference made under Section 44(1) of the M.P. General Sales Tax Act, 1958 (hereinafter called the State Act), for referring the following questions of law arising out of the order of the Board of Revenue, Madhya Pradesh (hereinafter referred to as the Tribunal), passed on 25th January, 1973, in Appeals Nos. 324-PBR/71, 325-PBR/71 and 326-PBR/71, to this Court for decision at the instance of the assessee-applicant:(1) Whether, in the facts and circumstances of the case, the 'chunni' which is sold by the appellant is exempted under item No. 16 of Schedule I to M.P. General Sales Tax Act, 1958, or not?(2) Whether, in the facts and circumstances of the case, the 'chunni' sold by the appellant is exempted under Notification No. 1069-V-ST dated 22nd April, 1963, iss...
Addl. Commissioner of Income-tax, Bhopal Vs. Nihalchand Badrilal.
Court: Madhya Pradesh
Decided on: Oct-22-1980
Reported in: [1982]135ITR519(MP)
INDORE BENCHSOHANI J - By this reference under s. 256(1) of the I.T. 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 :'Whatever, on the facts and in the circumstance of the case, the Tribunal was justified in holding that the IAC was not competent to enlarge the scope of the penalty proceedings by referring to the original loss return of Rs. 18,000 and vacating the penalty levied under section 271(1)(c) of the Income-tax Act ?'The material facts giving rise to this reference briefly are as follows :For the assessment year 1965-66, the assessee, which is a registered firm deriving income from business in grains, oil seeds and kirana, filed a return on 30th June, 1965, disclosing a loss of Rs. 18,000. The assessee thereafter, filed a revised return disclosing an income of Rs. 84,282, which was further revised to Rs. 74,282. The assessee was, however, assessed on a total inco...
Addl. Commissioner of Income-tax Vs. Raichand Amichand
Court: Madhya Pradesh
Decided on: Oct-21-1980
Reported in: [1983]144ITR754(MP)
Sohani, J.1. As directed by this court, 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 the order imposing penalty on the assessee-firm was illegal on the ground that it was barred by limitation, having regard to the provisions of Section 275 of the Income-tax Act, 1961, as amended by Section 50 of the Taxation Laws (Amendment) Act, 1970?'2. The material facts giving rise to this reference briefly are as follows : The assessee is a registered firm deriving income from business in grains, cotton seeds, etc. For the assessment year 1968-69, the ITO assessed the total income of the assessee at Rs. 83,930 as against the returned income of Rs. 57,753, The ITO also initiated penalty proceedings under Section 271(1)(c) of the Act and referred the case to the IAC under Section 274(2) of the Act. The IAC, by his order ...
Commissioner of Wealth-tax Vs. Ajay Kumar B. Tody
Court: Madhya Pradesh
Decided on: Oct-21-1980
Reported in: [1983]143ITR148(MP)
Shukla, J.1. This order shall also govern the disposal of Miscellaneous Civil Case No. 169 of 1979 (CWT v. Abhay Kumar) and Miscellaneous Civil Case No. 170 of 1979 (CWT v. Anil Kumar) as they arise out of a consolidated order of the Appellate Tribunal dated 15th September, 1978.2. The Commissioner of Wealth-tax has filed applications under Section 27(2) of the W.T. Act, 1957, for a direction to the Appellate Tribunal to state the case and refer the following questions for opinion:' (1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that the Explanation to Section 18(1)(c) was not attracted in the assessee's case and, consequently, deleting penalties of Rs. 45,000, Rs. 1,40,000 and Rs. 1,76,440? (2) Whether the Tribunal's decision could reasonably be arrived at on the basis of material considered by it ' 3. We have examined the consolidated order of the Appellate Tribunal on the question of liability of the assessees for p...
Pradeep Pictures Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-16-1980
Reported in: [1982]133ITR221(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 applicant-assessee is a partnership firm registered under the Act. For the assessment year 1972-73, for which the accounting period ended on 31st December, 1971, the assessee contended that the amount of Rs. 26,271, which was paid by the assessee to the employees of Raj theatre on account of retrenchment compensation payable under the provisions of the Industrial Disputes Act, 1947, was an allowable expenditure in computing the income of the firm. The claim of the assessee was, however, rejected by the ITO. On appeal, the AAC upheld the finding of the ITO in this behalf. On further appeal, the Tribunal held that the expenditure incurred by the assessee could not be said to be an expenditure laid out and incurred wholly and exclusively for the purpose of business. In this view of the matter, the Tribunal dismissed the appeal. An application for making a reference ...
Ramchand Nawalrai Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Oct-13-1980
Reported in: (1981)20CTR(MP)50; [1981]130ITR826(MP)
G.P. Singh, C.J.1. This is a reference made by the Income-tax Appellate Tribunal referring for our answer the following questions of law :'1. Whether, on the facts and in the circumstances of the case, a legal and valid partnership could be constituted between Ramchand Nawalrai and his undivided son, Jai Kumar, as evidenced by the deed of partnership dated 5-9-1969, in spite of the fact that Jaikumar had not contributed any capital out of his separate and individual property ? 2. If the answer to the first question is in the affirmative and infavour of the assessee, whether the assessee is entitled to registration forthe assessment year 1970-71 under Section 185(1)(a) of the Income-tax Act,1961?' 2. The facts briefly stated are that a HUF consisting of Ramchand, the karta, and his four sons, namely, Jaikumar, Kailashkumar, Anilkumar and Sunilkumar, carried on business in commission agency and purchase and sale of confectionary at Satna up to and inclusive of the assessment year 1969-70...
Narsibhai Patel Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Oct-13-1980
Reported in: (1981)20CTR(MP)43; [1981]127ITR633(MP)
G.P. Singh, C.J.1. This judgment will also dispose of Misc. Civil Cases Nos. 434, 435 and 436 of 1977 as also Misc. Civil Cases Nos. 389, 390, 391 and 393 of 1978. These arc all references made under Section 27(1) of the W.T. Act, 1957.2. Misc. Civil Cases Nos. 433 to 436 relate to the assessment year 1973-74 and Misc. Civil Cases Nos. 389 to 391 and 393 relate to the assessment year 1974-75. The questions of law referred in the references relating to the assessment year 1973-74 are as follows :'(1) Whether, on the facts and in the circumstances of the case, the assessment made by the Wealth-tax Officer was erroneous and prejudicial to the interests of the revenue in so far as a deduction of Rs. 1,00,000 was allowed under Section 5(1)(xxvi) ?(2) Whether a partner is entitled to exemption under Section 5(1)(xxvi) in proportion to his share in the firm in which he is a partner when the relevant property is a partnership asset?'3. The questions of law referred in the references relating t...
Commissioner of Income-tax Vs. Raipur Provincial Engineering Co.
Court: Madhya Pradesh
Decided on: Oct-10-1980
Reported in: [1983]139ITR186(MP)
1. This is an application under Section 256(2) of the I. T. Act, 1961, by the department.2. The Tribunal by its order dated November 27, 1973, set aside the penalty of rupees one lakh which was imposed on the assessee in respect of the assessment year 1963-64, on the ground that the assessment itselfhad been set aside by the AAC. Learned counsel for the applicant submitsthat the Tribunal instead of deciding the appeal against penalty shouldhave adjourned it and heard it along With the appeal of the departmentagainst the order of the AAC setting aside the assessment. This questionwas not raised before the Tribunal at the time when the appeal againstthe penalty was heard. The question cannot, therefore, be said to ariseout of the Tribunal's order. 3. The application is dismissed, but without any order as to costs....
Manoharsingh and anr. Vs. Caltex Oil Refining (India) Ltd., Bombay and ...
Court: Madhya Pradesh
Decided on: Oct-07-1980
Reported in: AIR1981MP123; 1981MPLJ202
G.P. Singh, C.J. 1. The Caltex Petroleum Corporation is a foreign company incorporated in the State of Delaware in the United States of America. One of its subsidiaries, namely, the Caltex Oil Refining (India) Limited (an Indian Company), hereinafter referred to as the Caltex Oil Refining, was carrying on the business of refining crude oil and producing petroleum products in India. Another subsidiary of the Caltex Petroleum Corporation, namely, the Caltex (India) Limited (a foreign company) incorporated in Bahamas Islands, hereinafter referred to as the Caltex (India), was carrying on through its undertakings in India the business of marketing and distributing petroleum products. The President of India, on 30th Dec. 1976 promulgated the Caltex (Acquisition of Shares of Caltex Oil Refining (India) Limited and of the Undertakings in India of Caltex (India) Limited) Ordinance, 1976. The Ordinance was replaced by an Act (Act No. 17 of 1977) bearing the same name. The Act was enacted on 23r...