Madhya Pradesh Court May 1982 Judgments
Mahakoshal Shaheed Smarak Trust Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: May-21-1982
Reported in: (1982)30CTR(MP)139; [1983]140ITR795(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 material on record and especially the deed of trust on being read as a whole together with the accounts of the trust, the legal inference drawn by the Tribunal, that the applicant was not entitled to exemption from tax under Section 11 of the Income-tax Act, 1961, was correct (2) Whether, on the material on record, could it be legally inferred that mere letting out of house property involved the carrying on of any activity for profit ?' 2. The relevant assessment years are 1967-68 to 1971-72. The assessee is a trust. The assessee claims that it is a charitable trust entitled to exemption under Section 11 of the I.T. Act, 1961. This claim of the assessee has been negatived on the ground that the assessee is not a trust for a charitable purpose as defined in Section 2(15) of the Act. 3. The assessee trust was constituted by a tr...
Tag this Judgment!Simplex Structural Works Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: May-21-1982
Reported in: (1982)30CTR(MP)143; [1983]140ITR782(MP)
G.P. Singh, C.J.1. This is a common reference made by the Income-tax Appellate Tribunal in respect of two assessees, M/s. Simplex Structural Works and M/s. Simplex Engineering Company, for the assessment year 1973-74. The questions of law relating to the case of M/s. Simplex Structural Works [R. A. No. 46 (Jab.)/76-77] are as follows:'1. Whether, the Tribunal was right in law in disallowing, while determining the business income of the assessee, Rs. 42,600 paid as penalty under Section 10(d) read with Section 10A of the Central Sales Tax Act ? 2. Whether, on the facts and in the circumstances of the case, and particularly in view of the finding by the Sales Tax Officer that the penalty of Rs. 42,900 was imposed under Section 10A at the difference of the tax at the prescribed rate minus the rate of tax paid by him (the assessee), was the Tribunal right in law in holding that, what was paid, was not in fact sales tax, but penalty ?' 2. The question of law pertaining to M/s. Simplex Engin...
Tag this Judgment!Commissioner of Income-tax Vs. Raipur Flour Mills (P.) Ltd.
Court: Madhya Pradesh
Decided on: May-06-1982
Reported in: (1982)29CTR(MP)338; [1984]145ITR205(MP)
Fatzanuddin, J.1. At the instance of the Commissioner of Income-tax (hereinafter referred to as ' the Commissioner ') the Income-tax Appellate Tribunal, Nagpur Bench, Nagpur (hereinafter referred to as ' the Tribunal '), has submitted Under Section 256(1) of the I.T. Act, 1961 (hereinafter referred to as ' the Act '), a statement of the case for the opinion of this court on the following question of law :' Whether, on the facts and in the circumstances of the case and considering the lease deed in particular, the CIT's action under Section 263 is justified 'The assessee was a private limited company which was running its business in loss. The assessee, therefore, leased out its premises to a Calcutta firm which was carrying on its business under the name ' Raipur Flour Mills ', on a monthly rent of Rs. 5,000. The assessment year was 1973-74. The amount of rent recovered by the assessee was treated by the ITO as ' Income from property ' Under Section 24 of the Act. The ITO, therefore, b...
Tag this Judgment!Birla Jute Manufacturing Co. Ltd. Vs. the State of Madhya Pradesh and ...
Court: Madhya Pradesh
Decided on: May-01-1982
Reported in: AIR1982MP225
G.P. Singh, C.J.1. The question raised in this petition under Article 226 of the Constitution relates to the proper rate of electricity duty chargeable in respect of electrical energy consumed by the petitioner in crushing limestone blocks into small fragments.2. The petitioner is a Public LimitedCompany. It owns inter alia a cementindustry which is engaged in the activityof manufacturing and sale of cement inthe name and style of M/s. SatnaCement Works. The petitioner's cementfactory is situated at Satna in MadhvaPradesh. The petitioner uses limestoneas raw material for manufacture of cement. The limestoneso used is extracted from the limestonemines of the petitioner which are heldunder a lease granted to it by the Stateof Madhya Pradesh under the Minesand Minerals (Regulation and Development) Act, 1957, as a major Mineral.The mining lease granted to the petitioner covers 10 square kilometerswhich can be used for the sole purposeof setting limestone as raw material formanufacture of c...
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