Madhya Pradesh Court March 1981 Judgments
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Commissioner of Wealth-tax Vs. Narayandas J. Hemani
Court: Madhya Pradesh
Decided on: Mar-31-1981
Reported in: [1983]143ITR87(MP)
Shukla, J. 1. The Income-tax Appellate Tribunal, Indore, has referred the following question for our opinion under Section 27(1) of the W.T. Act:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in law in holding that the deduction on account of loan obtained from LIC against the security of exempted assets, viz., LIC policy, was an admissible deduction in the calculation of his net wealth if the loan taken was used for a purpose which was not exempt from wealth-tax.? '2. For the assessment year 1974-75, assessment was completed on a net wealth of Rs. 96,000. On going through the records, the WTO found that the assessee had claimed a deduction in the original assessment in respect of a loan amounting to Rs. 35,005 taken from the Life Insurance Corporation of India on the security of his LIC policies under Section 2(m)(ii) of the W.T. Act. The WTO was of the opinion that no deduction from the total wealth was admissible in respect of the loa...
Arya Confectionery Works Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-31-1981
Reported in: [1983]143ITR814(MP)
Shukla, J. 1. This is an application by the assessee under Section 256(2) of the I.T. Act for a direction to the Income-tax Appellate Tribunal, Indore, to state the case and refer to this court for opinion the following questions said to be questions of law :' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the proviso to Section 145(1) was rightly applied ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal misdirected itself in law and/or acted without evidence or in disregard of the most material evidence on record in basing its conclusion in regard to the benami character of the business of Gopal Agencies ? (iii) Whether, on the facts and in the circumstances of the case, the order of the Tribunal is vitiated in law on the ground that it is based partly on relevant and partly on irrelevant materials and/or improper rejection of valid and relevant material ? (iv) Whether the burden of proof regarding t...
Lakhpat Singh Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-31-1981
Reported in: [1982]137ITR205(MP)
S.S. Sharma, J.1. This order shall also govern the disposal of M.C.C. No. 207 of 1979 (Lakhpat Singh v. Commissioner of Income-tax).2. M.C.C. No. 206/79 relates to the assessment year 1968-69, while M.C.C. No. 207/79 relates to the assessment year 1969-70. The applicant has filed separate applications under Section 256(2) of the I.T. Act (hereinafter referred to as 'the Act'), for the aforesaid two assessment years. The applicant's applications for referring the following questions, which, according to him, were questions of law and arose out of the consolidated order dated 6th September, 1978, of the Tribunal were dismissed.'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that Shri Mittal had on November 17, 1976, an authority to receive notice under Section 148 of the Income-tax Act even though on record there is nothing to prove that he is either holding a power-of-attorney or is having any other authority given to him by the assesse...
Malwa Oil Mills Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-17-1981
Reported in: [1982]136ITR240(MP)
Shukla, J. 1. This is a reference under Section 256(1) of the I.T. Act by the Income-tax Appellate Tribunal, Indore Bench, stating the case and referring the following questions for our opinion :'1. Whether, on the facts and circumstances of the case, the Tribunal was right in saying that the application filed on 20-1-78 (it should be 20-1-68) for the assessment year 1963-64 was (not) within the reasonable time of refusal of registration (sic) for the assessment year 1962-63 ? 2. Whether, on the facts and circumstances of the case, the Tribunal was right in saying that the application for registration filed on 5-1-1974, for the assessment year 1963-64 was (not) within a reasonable time and 3. Whether, on the facts and circumstances of the case, the Tribunal was justified in upholding the orders of the authorities below in refusing registration to the assessee-firm for both the years in question ?' 2. Material facts are as follows. Assessment years involved are 1963-64 and 1964-65. For...
Kundanlal Maru Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-17-1981
Reported in: [1982]135ITR84(MP)
U.N. Bhachawat, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961 (for short hereinafter referred to as 'the Act') at the instance of the assessee.2. The relevant assessment year is 1971-72.3. The assessee was a partner in the firm, M/s. Vimalchand Premchand Sarafa, Ujjain. He constructed a house in the accounting year relevant to the assessment year. He declared expenses of Rs. 65,803 and filed a report of the valuer showing the estimated cost of construction at Rs. 69,402. He explained that he had borrowed Rs. 7,000 from the Life Insurance Corporation of India and invested in the construction. The ITO accepted the explanation and completed the assessment at a total income of Rs. 22,470. In doing so, the ITO included some income from the self-occupied portion (SOP). The assessee, in appeal, argued that the ITO was not justified in estimating the annual letting value (ALV) of self-occupied portion (SOP). The AAC accepted the contention, set aside the assessment and di...
Commissioner of Income-tax Vs. G.B.J. Seth and anr.
Court: Madhya Pradesh
Decided on: Mar-17-1981
Reported in: [1982]133ITR192(MP)
U.N. Bhachawat, J.1. This is a reference under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), referring the following question for answer to this court, at the instance of the assessee.'Whether the Tribunal was correct in law in holding that notwithstanding the status of the assessees being an AOP they were entitled to claim set-off on account of the balance of brought forward capital losses incurred by the deceased prior to his death during the accounting year in question ?'2. The material facts giving rise to the present reference are these:3. The relevant assessment year is 1974-75. The accounting year for the assessment year is the year ending on 31st March, 1974. One R. C. Jall, who was an assessee, died on 17th December, 1973, that is, during the accounting year in question. Two separate assessments were made for this accounting year in question: one regarding the income for the period April 1, 1973, to December 17, 1973, that is up to the death of l...
Pannalal Kankariya and Sons Vs. Additional Assistant Commissioner of S ...
Court: Madhya Pradesh
Decided on: Mar-16-1981
Reported in: 1981MPLJ580; [1982]49STC64(MP)
ORDERG.P. Singh, C.J.1. By the order passed on 10th May, 1975, the Additional Assistant Commissioner of Sales Tax imposed a penalty of Rs. 30,000 on the petitioner under Section 17(3) of the Madhya Pradesh General Sales Tax Act, 1958, read with Section 9(2) of the Central Sales Tax Act, 1956. The petitioner filed a revision which was allowed by the Commissioner on 9th June, 1976, and the order imposing penalty was set aside solely on the basis of the decision of the Supreme Court in Khemka and Co. v. State of Maharashtra : [1975]3SCR753 . The Additional Assistant Commissioner issued a notice of demand dated 17th March, 1977, requiring the petitioner' to deposit the amount of penalty of Rs. 30,000 imposed by his order dated 10th May, 1975. This notice was issued in pursuance of the Central Sales Tax (Amendment) Act, 1976, which was enacted by Parliament to get over the decision in Khemka's case : [1975]3SCR753 . The petitioner then filed this petition under Article 226 of the Constituti...
Jiwanlal Agrawal Vs. State of Madhya Pradesh and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1981
Reported in: AIR1981MP186
G.P. Singh, C.J. 1. Birsinghpur and Sabhapur of tahsil Raghurainagar, district Satna, were previously, head-quarter of Gram Panrhayats constituted under the provisions of the Madhya Pradesh Panchayats Act. 1962. The State Government de-established the Gram Panchayats and by notification dated 5th January, 1979 declared the local area comprised in Birsinghpur, Sabhapur and other villages to be a municipality from 26th January, 1979. This notification was issued under Section 5 of the Madhya Pradesh Municipalities Act, 1961. By another notification issued on the same date, the State Government constituted a committee under Section 16 consisting of 15 persons to function as a council for the purposes of the Act. This notification was issued under Section 16 read with Section 7 (b) of the Act. In the committee so constituted the petitioner was nominated as Junior Vice-President, In April, 1980 there was some proposal to supersede the committee and to constitute another committee of 15 othe...
Anil Kumar Tody Vs. Commissioner of Wealth-tax
Court: Madhya Pradesh
Decided on: Mar-13-1981
Reported in: [1982]138ITR759(MP)
Shukla, J.1. The Income-tax Appellate Tribunal, Indore Bench, has referred the following questions for our opinion :'1. Whether, on the facts and in the circumstances of the case, the IAC had jurisdiction to impose penalty Under Section 18(1)(c) on March 24, 1977, after the amendment of Section 18(3) of the Wealth-tax Act by the Taxation Laws (Amendment) Act, 1975 and 2. Whether, on the facts and circumstances of the case, once the IAC had imposed composite penalties for concealment detected by the WTO and enhanced by the AAC in the value of shares and jewellery on estimate, the order was bad even relating to the part which had been originally detected by the WTO and, therefore, could not be maintained qua that part ?' 2. Material facts are as follows : For the assessment years 1973-74 and 1974-75, on a reference by the WTO to the IAC under Section 18(3) of the W.T. Act, penalties at Rs. 1,80,000 and Rs. 5,000 respectively were imposed under Section 18(1)(c) of the Act by the IAC. In ...
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