Madhya Pradesh Court April 1982 Judgments
Commissioner of Income-tax Vs. Liquidator of Ratlam Electric Supply an ...
Court: Madhya Pradesh
Decided on: Apr-15-1982
Reported in: [1982]138ITR184(MP)
Sohani, 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 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 law in cancelling the order u/s. 263 passed by the Commissioner of Income-tax for the assessment year 1976-77 ?'2. The material facts giving rise to this reference, briefly, are as follows:The assessee is a company and is being wound up voluntarily. For the assessment year 1976-77, the ITO passed an order of assessment treating the income as nil. Later on, the Commissioner of Income-tax, while examining the record of the assessee, found that during the accounting period relevant for the assessment year 1976-77, the assessee-company had derived income from interest on bank deposits and Government securities and that no business was carried on by the ass...
Tag this Judgment!Commissioner of Wealth-tax Vs. Smt. Vimlabai Kantilal Porwal
Court: Madhya Pradesh
Decided on: Apr-12-1982
Reported in: (1983)34CTR(MP)304; [1983]141ITR484(MP)
Shukla, J.1. This is a reference by the Income-tax Appellate Tribunal, Indore, under Section 27(1) of the W.T. Act, 1957.2. Facts as stated by the Tribunal are as under : Assessee, Vimlabai, had purchased a house jointly with two ladies, namely, Smt. Chandanbai and Smt. Chandrakantabai. Each purchaser had 1/3rd share in the said house. In connection with the wealth-tax assessment of the assessee, Smt. Vimlabai, for assessment yearFs 1968-69 to 1972-73, the WTO assessedthe tax by first determining the total value of the house and thereafter giving statutory deduction admissible under Section 5(1)(iv) of the W.T. Act. From the balance so arrived at, he took the assessee's 1/3rd share for the purposes of assessment to wealth-tax in respect of the assessment years 1968-69 to 1972-73. Assessee claimed before the WTO that the full exemption under Section 5(1)(iv) of the Act should be allowed, on the assessee's 1/3rd share in the total value of the property. This claim of the assessee was rej...
Tag this Judgment!J. Jacobs Vs. Dr. S.C. Barat
Court: Madhya Pradesh
Decided on: Apr-09-1982
Reported in: AIR1983MP15
G.L. Oza, J.1. This second appeal has been filed by the appellant-tenant against a judgment and decree passed by XVI Civil Judge Class II, Jabalpur in Civil Suit No. 165-A of 1980, maintained on appeal by Vth Additional Judge to the Court of District Judge, Jabalpur in Civil Appeal No. 14-A of 1981 decided on is for eviction Under Section 12 (1) (a) of the M. P. Accommodation Control Act.2. The plaintiff-respondent filed a suit against the appellant-defendant alleging that the appellant was a tenant of the respondent in house No. 790, Barat Road, Napier Town, Jabalpur on a monthly rent of Rs. 75/- per month. The tenancy was for residential purpose and the month of tenancy commenced from 1st day of every Gregorian calendar month. It was also alleged that the appellant did not pay rent from March, 1969 and ultimately, a notice for demand was issued on 26-12-1973 which was received by the appellant on 29th of Dec., 1973 and instead of service of this notice of demand, the appellant failed...
Tag this Judgment!Smt. Laxmiba (L.R. for Shri Ganesh Das Narang) Vs. Commissioner of Inc ...
Court: Madhya Pradesh
Decided on: Apr-09-1982
Reported in: [1983]144ITR82(MP)
G.P. Singh, C.J.1. The questions of law referred in this case by the Income-tax Appellate Tribunal are as follows :' (1) Whether, on the facts and in the circumstances of the case, the finding of the Tribunal, that the transfer of the truck by the applicant to the firm of which he was a partner constituted a ' sale ' and thereby attracted the provisions of Section 41(2) was correct in law ? (2) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that penalty was legally imposed on the assessee, Ganesh Das Narang, who had expired on May 16, 1974, when during penalty proceeding representation was made on behalf of the legal representative of the deceased assessee ? (3) Whether, on the facts and in the circumstances of the case stated above, the order of the Tribunal sustaining the penalty of Rs. 7,000 was legally correct ?'2. The reference arises out of penalty proceedings for the assessment year 1972-73. Ganesh Das Narang who was the a...
Tag this Judgment!Mohd. Ramjan Vs. Smt. Sharifanbai
Court: Madhya Pradesh
Decided on: Apr-08-1982
Reported in: AIR1983MP34
R.K. Vijayaargiya, J.1. This order shall also dispose of Misc. Appeal no. 40 of 1979 (Banwarilal v. Smt. Sharifanbai and others) and Misc. Appeal no 140 of 1979 Smt. Sharifanbai v. Banwartlal and another.2. These appeals are directed against the award dated 31-1-1979 passed by the 1st Additional Motor Accidents Claims Tribunal, Indore in claim case no. 113 of 1975.3. The facts giving rise to these appeals briefly stated are as follows : On 17-3-1975 at about 3-30 p.m. Mohd. Ramzan was riding Vespa Scooter no. MPI 7374 in Loharpatti, MalharganJ. Indore. The claimant Sharifanbai was going on the left side of the road for grinding wheat. Mohammad Ramzan came on the said scooter from the opposite side and dashed against her. She fell down and sustained injuries on her left arm left leg head and back. According to the claimant the accident was caused by the rashness and negligence of Mohammad Ramzan in driving the said scooter. On the date of accident Bamvarilal was the registered owner of ...
Tag this Judgment!Premchand JaIn Vs. Controller of Estate Duty
Court: Madhya Pradesh
Decided on: Apr-07-1982
Reported in: (1982)29CTR(MP)33; [1983]144ITR41(MP)
G.P. Singh, C.J.1.This is a reference under Section 64(1) of the E.D. Act, 1953. The question of law referred by the Tribunal is as follows :' Whether, on the facts and in the circumstances of the case, there was jurisdiction to hold that the retirement of the deceased lady from the partnership of M/s. Bhagwandas Shobhalal Jain amounted to relinquishment or abandonment of her share in the goodwill of the firm and thereby in subjecting to duty her share of goodwill amounting to Rs. 2,15,000 ?'2. The reference relates to the assessment of estate duty on the estate passing on the death of Smt. Rajrani Bahu who died on 27th November, 1968. The deceased was a partner in the firm, M/s, Bhagwandas Shobhalal Jain. The deceased had 1/8th share in that firm. The deceased retired from the firm nearly a month before her death on 21st October, 1968. At the time of retirement the deceased was not paid any amount on account of her interest in the goodwill of the firm. The Asst. Controller held that t...
Tag this Judgment!Commissioner of Income-tax Vs. Kum. Satya Setia
Court: Madhya Pradesh
Decided on: Apr-07-1982
Reported in: (1983)37CTR(MP)66; [1983]143ITR486(MP)
Shukla, J.1. This is a reference under Section 256(1) of the I.T. Act at the instance of the Revenue.2. The assessee had purchased a plot of land at Than a (Maharashtra) in 1955 for a sum of Rs. 6,000, on November 10, 1961. She entered into an agreement for its sale with M/s. Bharat Stores Ltd. Agra, for a sum of Rs. 1,39,500. The sale was to be completed by 3'lst December, 1962. On default it was agreed that the assessee was entitled to charge interest at 6% per annum for a period of two years and thereafter she was at liberty to rescind the agreement and forfeit the earnest money which was fixed at Rs. 40,000. The purchasers neither paid the earnest money nor ' the purchase price within the stipulated period. However, on October 8, 1965, they assigned certain decrees passed in their favour by the Allahabad High Court to the assessee. The purchasers under the said decrees were entitled to recover a sum of Rs. 89,000 with future interest and this right was assigned to the assessee for ...
Tag this Judgment!Malwa Mills Karamchari Parasper Sahakari Sanstha Ltd. Vs. Commissioner ...
Court: Madhya Pradesh
Decided on: Apr-01-1982
Reported in: [1983]140ITR379(MP)
Shukla, J. 1. This is a reference by the Income-tax Appellate Tribunal, Indore, under Section 256(1) of the I.T. Act. 2. Assessee is a co-operative society. It appears (that it carries) on banking business and also runs a consumer stores. Separate sets of account books are maintained for the aforesaid business activities. During the previous years relevant to the assessment years 1972-73 and 1973-74, the consumer stores unit of the assessee credited Rs. 11,179 and Rs. 17,956 as interest in the current account of the banking unit and account books of the banking unit showed credit of these sums in the current account of the consumer stores unit. These entries reflected that the banking unit of the assessee advanced loans to its consumer stores unit and interest thereon was credited in the respective account books. 3. The ITO in his original assessments allowed the above amounts as expenditure on capital borrowed. Since under Section 80P(2)(a)(i) of the I.T. Act the income of a society c...
Tag this Judgment!Commissioner of Income-tax Vs. Manager, Madhya Pradesh State Co-operat ...
Court: Madhya Pradesh
Decided on: Apr-01-1982
Reported in: [1982]187ITR230(MP)
Shukla, J. 1. This is a reference under Section 256(1) of the I.T. Act, 1961.2. Facts as stated by the Tribunal are as follows :In compliance with the provisions of Section 206. of the I.T. Act the Manager, Madhya Pradesh State Co-operative Development Bank Ltd., filed annual return of salary income in respect of its employees showing the amount of tax deductible under Section 192 of the I.T. Act. The ITO (TDS), Bhopal, examined the said return and found that the tax deductible under Section 192 of the Act, was not properly deducted by the above mentioned employer in respect of 23 employees. He found that a number of deductions and allowances were claimed by the employer which were not admissible. The ITO, therefore, re-computed the taxable income in each lease and by a separate order under Section 201 of the Act demanded an extra tax of Rs. 22,800 and interest amounting to Rs. 3,306.3. The assessee challenged this order before the Commissioner of Income-tax (Appeals) who allowed the a...
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