Madhya Pradesh Court August 1980 Judgments
Commissioner of Wealth-tax Vs. Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. ...
Court: Madhya Pradesh
Decided on: Aug-28-1980
Reported in: [1981]131ITR140(MP)
Shukla, J. 1. Income-tax Appellate Tribunal, Indore Bench, has referred under Section 27(1) of the W.T. Act some questions for our opinion. 2. Before reproducing the questions, we may briefly narrate the material facts. The assessee, M/s. Gwalior Rayon Silk Mfg. (Wvg.) Company Ltd., Nagda, is a public limited company. Relevant assessment years are 1958-59 and 1959-60 for which valuation dates were 31st March, 1958, and 31st March, 1959, respectively. The assessee-company had claimed deduction of depreciation from the gross value of its fixed assets. It was contended that deduction of additional and initial depreciation on the fixed assets as allowed under the I.T. Act should be allowed for computing the taxable net wealth of the assessee also. It was not disputed that the deduction of normal depreciation from the value of fixed assets had been allowed by the AAC. For the revenue, the contention was that the assessee was not entitled to the deduction of normal depreciation as is allowed...
Tag this Judgment!Union of India (Uoi) Vs. Jasbhai and anr.
Court: Madhya Pradesh
Decided on: Aug-27-1980
Reported in: 1981(8)ELT902(MP)
G.P. Singh, C.J.1. This order shall govern the disposal of the companion appeals, Criminal Appeal No. 615 of 1977 (The Union of India v. Shri Jasbhai and Anr.); Criminal Appeal No. 616 of 1977 (The Union of India v. Shri Jasbhai and Anr.) and Criminal Appeal No. 617 of 1977 (The Union of India v. Shri Jasbhai and Anr.).2. All these appeals are against the judgments of the Court of Judicial Magistrate First Class, Gadarwara dated 28-2-1977. Criminal Appeal No. 614 of 1977 is against the judgment in Criminal Case No. 760 of 1976; Criminal Appeal No. 715 of 1977 is against the judgment in Criminal Case No. 759 of 1976; Criminal Appeal No. 716 of 1977 is against the judgment in Criminal Case No. 757 of 1976 and Criminal Appeal No. 717 of 1977 is against the judgment in Criminal Case No. 758 of 1976. All the aforesaid criminal cases were instituted against respective accused person on a complaint filed by the Excise Department alleging that they had committed an offence under Section 9(1)(b...
Tag this Judgment!Shri Sajjan Mills Limited, Ratlam Vs. Krishi Upaj Mandi Samiti, Ratlam ...
Court: Madhya Pradesh
Decided on: Aug-25-1980
Reported in: AIR1981MP30; 1981MPLJ117
B.C. Varma, J.1. The petitioner is a company engaged in the business of sale and manufacture of textiles. It has textile mills at Dhamnod Road. Ratlam, within the market area of Krishi Upaj Mandi, Ratlam (respondent No. 1), established under the Madhya Pradesh Krishi Upaj Mandi Adhiniyam, 1972 (hereinafter called the Act), For the purpose of manufacture of textiles, the petitioner purchases unginned cotton from agriculturists. This cotton is then ginned, pressed and spinned and is then finally converted into finished product, viz., the cloth. All this process is undertaken by the petitioner in the Mills. The cloth is then marketed through dealers. 'Cotton' is one of the commodities included in the Schedule to the Act and is admittedly an 'agricultural produce' within the meaning of term as defined under Section 2(1)(a) as meaning all produce whether processed or not, of agriculture, horticulture, animal husbandry, apiculture, pisciculture, or forest. The petitioner has obtained a licen...
Tag this Judgment!Dinaji Vs. Jiwanlal
Court: Madhya Pradesh
Decided on: Aug-23-1980
Reported in: AIR1981MP36
ORDER1. The Taxing Officer has referred the question as to whether the Court-fee on this appeal is payable as per Amendment Act No. 4/1976, which came into force on 1-3-1976, during pendency of the suit in the trial Court.2. The plaintiff filed the persent suit on 1-10-74 for possession of 1.02 acres out of Khasra No. 132/1, area 1.98 acres in Budhena Khurd, Tahsil and District Seoni. The plaintiff originally claimed permanent injunction only and valued the claim at Rs. 300/- and Court-fee by stamp of Rs. 30/- was paid. By Amendment relief for possession was claimed in the alternative and valued the claim at Rs. 6000/-, being the market value and paid Court-fee by stamp of Rs. 600/-, as the suit land is not separately assessed to land revenue nor it is a definite share of the land revenue paying estate. The trial Court dismissed the suit on 28-2-77 holding that defendant is the owner and in possession of the suit land. In appeal, the decree has been affirmed by the lower appellate Cour...
Tag this Judgment!Kashiram Vs. Bhura and ors.
Court: Madhya Pradesh
Decided on: Aug-22-1980
Reported in: AIR1981MP236
B.C. Varma, J. 1. This appeal by the plaintiff is directed against the judgment and decree, dated 2-12-1976, passed by the District Judge. Betul. in Civil Suit No. 32-A of 1971 dismissing his suit for declaration that the alienation of the suit property made by respondent; Sariabai (since deceased) in favour of the other respondents is not binding on him after her death, and also for possession.2. One Tularam had a son Pancham who died on 6-8-1926. Pancham had three wives including one Punii. Sarjabai, original defendant No. 1, was the daughter of Punji. On 16-5-1907, Pancham executed a Will (copy of which is Ex. P-4) in favour of Sariabai whereby he bequeathed certain Sir lands and a house to her. Pancham adopted one Gopichand alias Korat as his son. Gopichand is dead and plaintiff/ appellant Kashiram is the son of Gopichand. On the death of Pancham, Sarjabai came in possession of the suit property as a legatee under the Will of Pancham. On 28-10-1971, she made a gift of the suit land...
Tag this Judgment!H.H. Maharani Sharmishthabai Holkar Vs. Addl. Commissioner of Income-t ...
Court: Madhya Pradesh
Decided on: Aug-22-1980
Reported in: (1980)19CTR(MP)301; [1981]129ITR13(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 question of law to this court for its opinion : ' Whether, on the facts and in the circumstances of the case, the rejection of the assessee's explanation showing reasonable cause was sufficient for the imposition of penalty Under Section 273(c) of the Income-tax Act, 1961, and whether there was no onus on the revenue to establish mem rea in the quasi-criminal penalty proceedings before the penalty could be legally imposed ' 2. The material facts giving rise to this reference briefly are as follows: For the assessment year 1973-74, a penalty of Rs. 1,800 was imposed by the ITO on the assessee for default under Section 273(c) of the Act. This penalty was imposed as the ITO, after considering the explanation given by the assessee, came to the conclusion that the assessee had not shown reasonable cause for failur...
Tag this Judgment!Rameshwar Prasad and anr. Vs. Narayandas
Court: Madhya Pradesh
Decided on: Aug-21-1980
Reported in: AIR1981MP37
M.L. Malik, J.1. This order shall govern disposal of Civil Revision No. 1160 of 1977 (Shri Kishanlal v. Kashi Prasad Jangal Prasad) also.2. The correctness of the view taken by Bhave, J. in Baldeodas v. Moolchand Gupta, C. R. No. 646 of 1974, D/- 3-12-1975 in construing Section 13 of the Indian Stamp Act read with Rule 7 (1) of the Central Provinces and Berar Stamp Rules, 1942, made applicable to the whole of the State of Madhya Pradesh by Taxation Laws (Extension) Act, 1957, was doubted by Tankha, J. hence this reference.3. Section 13 of the Indian Stamp Act reads as under:'Instruments stamped with impressed stamps how to be written :-- Every instrument written upon paper stamped with an impressed stamp shall be written in such manner that the stamp may appear on the face of the instrument and cannot be used for or applied to any other instrument.'Rule 7 (1) of the C. P. & Berar Stamp Rules, 1942, reads as under:'7. Provision where single sheet of paper is insufficient.-- (1) Where tw...
Tag this Judgment!Kashiram Vs. Nathu and anr.
Court: Madhya Pradesh
Decided on: Aug-21-1980
Reported in: AIR1980MP183; 1981MPLJ368
Vijaywakgiya, J.1. The questions referred for the opinion of the Full Bench are as follows:--(1) Whether the rights of a Bhumiswami can be extinguished by dispossession when he is out of possession for more than twelve years? (2) Whether a person in possession in his own rights and adverse to the recorded Bhumiswami can claim the rights of a Bhumiswami acquired by adverse possession?2. The agricultural land-in-suit is situated in village Palia Haider. This village formed part of the erstwhile Holkar State. The suit land is recorded in the name of the defendant-appellant as the Bhumiswami thereof. Initially the suit land was recorded in the name of the deceased Gopal father of the appellant.Gopal filed a suit (Civil Suit No. 32 of 1944) against the present respondents for possession of the suit land. This suit was dismissed on 30-11-1945. The respondents continued in possession of the suit land since then. In the year 1965 the present suit was filed by the respondents against the appell...
Tag this Judgment!Commissioner of Income-tax Vs. Bhikamchand Jankilal
Court: Madhya Pradesh
Decided on: Aug-20-1980
Reported in: (1980)19CTR(MP)311; [1981]131ITR554(MP)
G.P. Singh, C.J.1. The question of law referred by the Income-tax Appellate Tribunal in this case is as follows :' Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that even if the transaction of loss of Rs. 13,500 was a speculative transaction, that being a solitary speculative transaction, that loss could not be regarded as loss from speculative business and, therefore, could be set off against the business income , of the assessee?'2. The assessee is a dealer in cotton. It purchases raw cotton, gins the same and sells cotton and seeds. On 29th November, 1969, the assessee entered into two contracts for sale of 200 cotton bales to M/s. Rallis India Ltd. The rate in respect of one contract was Rs. 1,381 per candy of 784 lbs. For the other contract, the rate was Rs. 1,380 per candy. The cotton bales, were to be delivered under both the contracts on 15th January, 1970. The assessee did not deliver the bales in accordance with the contracts ...
Tag this Judgment!Budha Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Aug-14-1980
Reported in: AIR1981MP151
Oza, J.1. This miscellaneous appeal has been filed by the appellant against an order passed by the Motor Accidents Claims Tribunal, Indore, dismissing the claim of the appellant on the ground that the appellant is not entitled to compensation as he does not fall within the category of persons mentioned in the provisions of the Fatal Accidents Act.2. This appeal was heard by a learned single Judge. The learned single Judge felt that the consistent view of this Court as laid down in Kasturilal v. Prabhakar (1970 Acc CJ 1): (AIR 1971 Madh Pra 145) and Suman v. The General Manager, M. P. S. R. T Corporation (1970 Acc CJ 280) is that the Motor Vehicles Act, Section 110A does not confer a new right but only provides an expeditious remedy and, therefore, except the persons entitled to claim compensation under the Fatal Accidents Act no others, even if they fall within the ambit of the term legal representatives' can claim compensation. The learned Judge, therefore, also felt that the view tak...
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