Madhya Pradesh Court November 1980 Judgments
Commissioner of Wealth-tax, M.P. -i Vs. Guljarilal Maniram.
Court: Madhya Pradesh
Decided on: Nov-28-1980
Reported in: [1983]139ITR187(MP)
SOHANI J. - This order shall also govern the disposal of M. C.Cs. Nos. 85 and 86, both of 1979.These are applications under. 27(3) of the W.T. Act, 1957, hereinafter called the Act.The material facts giving rise to these applications briefly are as follows : For the assessments years 1964-65 to 1966-67, the assessee, Guljarilal Maniram, failed to filed returns in time under the provisions of the Act, and notices under s. 18(1)(a) of the Act were accordingly issued to the assessee to show cause why penalty should not be levied for delay in filing the returns. The WTO held that the assessee failed to show any reasonable cause for delay in filing the returns. The WTO, accordingly, levied penalty. Aggrieved by the orders passed by the WTO, appeals were preferred before the AAC. The AAC held that as the default on the part of the assessee took place before the amendment to s. 18(1)(a) came into force with effect from April 1, 1969, penalty was leviable in accordance with the unamended provi...
Tag this Judgment!Smt. Rami Bai Vs. Life Insurance Corporation of India
Court: Madhya Pradesh
Decided on: Nov-26-1980
Reported in: AIR1981MP69
U.N. Bhachawat, J.1. This appeal is by the plaintiff against the judgment and decree dated the 31st of January,1976 of the Court of Second Additional District Judge, Bhopal. in regular Civil Suit No. 28-B of 1973, whereby plaintiff's suit for Rs. 25,000/- on the basis of insurance policy of her deceased husband has been dismissed.2. The plaintiff is the widow of one Topandas who died at Bairagarh in Bhopal on 8-8-1971 on account of congestive cardiac failure secondary to myocar-dial infection. Shri Topandas's (hereinafter referred to as the deceased) life was insured with defendant/respondent herein under policy No. 28300784, dated 29-5-1970, with effect from 18-3-1970. which was to mature on 18-3-1976, for Rs. 25000/-. The assured sum of Rupees 25000/- was payable either on the death of the insured or on maturity of the policy. The premium was payable in annual instalments each instalment being of Rs. 1892.25 paise. The first instalment was paid on 18-3-1970 and the second on 10-4-197...
Tag this Judgment!T.A. Lokhand Wala Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-26-1980
Reported in: [1982]135ITR543(MP)
Verma, J. 1. The questions referred for the decision of this court are the following : '1. Whether, on the facts and in the circumstances of the case, and especially when the petitioner had disclosed the fact of his accounts being incomplete, the petitioner could be held guilty of concealing the particulars of its income or whether it could be said to have furnished inaccurate particulars of income by showing the business income at Rs. 4,434 in the return 2. Whether the Income-tax Appellate Tribunal, in the absence of an appeal by the department, could impose a penalty with respect to item No. 2, regarding business profits in respect of which the petitioner had been absolved of any liability as per the order of the Inspecting Assistant Commissioner ?' 2. It is common ground that in case question No. 2 is answered in favour of the assessee, the need to answer the other question does not arise. 3. The assessee was carrying on business in steel and hardware. In respect of the assessment ...
Tag this Judgment!Durgaprasad Rajaram Adatiya Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-26-1980
Reported in: (1981)21CTR(MP)4; [1982]134ITR601(MP)
G.P. Singh, C.J.1. This is a reference under Section 256(1) of the I.T. Act, 1961, 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, the Appellate Tribunal was right in law in dismissing the appeals filed by the assessee as not maintainable ? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in holding that there was a change in the constitution of the firm during the two previous years relevant to the assessment years 1967-68 and 1968-69, respectively ? 3. If the answer to question No. 2 is in the negative and in favour of the assessee, whether the assessee-firm is entitled to the benefits of continuation of registration under Section 184(7) or Section 185(1)(a) of the Income-tax Act, 1961, for the assessment years 1967-68, 1968-69 and 1969-70 ' 2. The reference relates to the assessment years 1967-68, 1968-69 and 1969-70...
Tag this Judgment!Banarsidas Bhanot and Sons Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-25-1980
Reported in: (1981)21CTR(MP)161; [1981]129ITR488(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. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the assessment was not anullity, as there was substantial compliance with Section 144B of the Income-tax Act, 1961 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in setting aside the order passed by the Income-tax Officer and the Appellate Assistant Commissioner and directing the Income-tax Officer to frame a fresh assessment after duly complying with the provisions of Section 144B of the Income-tax Act?' 2. The relevant assessment year is 1973-74. The assessee returned an income of Rs. 2,83,873. The ITO assessed the total income at Rs. 6,97,136. As the amount of variations in the income returned exceeded rupees one lakh, the ITO followed the procedure under Section 144B. A draft of the propos...
Tag this Judgment!Commissioner of Income-tax Vs. Rajkumar Mills Ltd.
Court: Madhya Pradesh
Decided on: Nov-24-1980
Reported in: [1982]135ITR811(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 questions of law for the opinion of this court:'(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in allowing deduction of the following two items from the computation of the total income: Rs.(i)Compensation paid for short packing of controlled cloth85,411(ii)Contribution paid forproduction of higher medium cloth2,800 Total88,211 (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in allowing deduction of Rs. 5,600 representing payment on account of shortfall in export performance from the computation of total income holding that such payments do not partake of the nature of penalty disallowable under Section 37 ? (3) Whether the Appellate Tribunal was right in coming to the con...
Tag this Judgment!Commissioner of Income-tax Vs. Ganga Prasad Bachchulal
Court: Madhya Pradesh
Decided on: Nov-21-1980
Reported in: [1983]141ITR479(MP)
Sohani, J.1. This order will also govern the disposal of M.C.C. No. 5 of 1979.These are applications under Section 256(2) of the I.T. Act, 1961, hereinafter called 'the Act'.2. The material facts giving rise to these applications briefly are as follows : The assessee is an HUF and carries on business in cotton. The relevant assessment year is 1969-70 for which the assessee filed a return declaring a net loss of Rs. 10 lakhs. During the course of assessment proceedings, the assessee did not produce its books of account in spite of notices under Section 142(1) of the Act. The ITO, therefore, framed the assessment under Section 144 of the Act on a total income of Rs. 23,80,512. On appeal, the matter was remanded to the ITO for further investigation. After investigation, the ITO sent his report to the AAC. The AAC examined the matter and held that the entire shortage of stocks worth Rs. 22,30,000 found by the banks with whom the assessee had a cash credit loan account, could not be added a...
Tag this Judgment!Commissioner of Income-tax Vs. Sardar Virendra Singh Bolia
Court: Madhya Pradesh
Decided on: Nov-21-1980
Reported in: [1982]135ITR802(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 the Tribunal was right in holding that the proportionate maintenance allowance per annum was payable to the two ladies/ one lady (as may be applicable for the assessment years 1963-64 to 1971-72 under a legal obligation or an overriding title and as such did not form part of the assessee's total income 2. Whether the Appellate Tribunal was justified in holding that the status of the assessee should be individual as against the status of an HUF adopted by the ITO ?' 2. The material facts giving rise to this reference, briefly, are as follows: Sardar Narayanrao Bolia was an Inamdar in the former Holkar State. He died on 19th March, 1932, leaving behind him two widows, Smt. Laxmibai and Smt. Shakuntalabai. Thereafter, the then Ruler of the Holkar Sta...
Tag this Judgment!Sales Tax Commissioner Vs. Dhameja Home Industries
Court: Madhya Pradesh
Decided on: Nov-21-1980
Reported in: [1983]54STC217(MP)
G.G. Sohani, J.1. By this reference under Section 44(1) of the M.P. General Sales Tax Act, 1958, hereinafter referred to as the Act, the Board of Revenue has referred the following question of law to this Court for its opinion :Whether, under the facts and circumstances of the case, the preparation of 'garam masala' would amount to manufacture as defined under Section 2(j) of the Act.2. The material facts giving rise to this reference briefly are as follows : The assessee deals in condiments and he was assessed to sales tax for the financial year 1969-70. The gross turnover of the assessee was determined by the assessing authority at Rs. 1,94,000 which included the sale of garam masala worth Rs. 13,135.14. Garam masala was treated by the assessing authority as the product of a process of manufacture and hence was excluded from the goods for which rebate was given. On appeal preferred by the assessee the contention advanced on behalf of the assessee that garam masala was not a product o...
Tag this Judgment!Commissioner of Income-tax Vs. Kondra Durgaiya
Court: Madhya Pradesh
Decided on: Nov-18-1980
Reported in: (1981)21CTR(MP)164; [1983]143ITR315(MP)
G.P. Singh, C.J. 1. This is a reference made by the Income-tax Appellate Tribunal under Section 256(1) of the I.T. Act, 1961, referring, for our answer, the following question of law: 'Whether, on the facts and in the circumstances of the case, registration could be given to the business carried on in partnership in the area of the Orissa State while the head office of the assessee is situated in Madhya Pradesh ?'2. The facts briefly stated are that certain excise contracts were taken by Kondra Durgaiya in the account year ending on March 31, 1970, relevant to the assessment year 1970-71, in Madhya Pradesh and Orissa. A partnership deed was executed on May 15, 1969, making it effective from February 1, 1969, in which Kondra Durgaiya took three adult partners and one minor was admitted to the benefits of the partnership. The firm applied for registration which was granted by the Tribunal for the business carried on in Orissa. The registration was refused for the business carried on in M...
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