Madhya Pradesh Court June 1982 Judgments
Commissioner of Income-tax Vs. Damoh Co-operative Marketing Society Lt ...
Court: Madhya Pradesh
Decided on: Jun-30-1982
Reported in: [1984]145ITR572(MP)
G.P. Singh, C.J.1. The questions of law referred in this reference by the Income-tax Appellate Tribunal are as follows :'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the Commissioner of Income-tax is not competent to set aside the assessment order in a case where the Income-tax Officer failed to comply with the provisions of Section 144B of the Income-tax Act, 1961? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in holding that the assessment order passed by the Income-tax Officer was not prejudicial to the interest of the Revenue ?' 2. The facts, briefly stated, are that for the assessment year 1973-74, the assessee returned loss of Rs. 32,388, which was revised later by showing Rs. 62,314 as loss. The ITO by order dated 9th January, 1976, made the assessment under Section 143(3) of the I.T. Act, 1961, and assessed the income at Rs. 2,74,200. As the...
Tag this Judgment!Smt. Prabha Rajya Lakshmi Vs. Wealth-tax Officer, A-ward and anr.
Court: Madhya Pradesh
Decided on: Jun-30-1982
Reported in: (1983)37CTR(MP)226; [1983]144ITR180(MP)
Shukla, J.1. This is a petition under Article 226/227 of the Constitution of India challenging the jurisdiction of the WTO in issuing notices (annexs. H, H-1 and H-2 of the petition) under Section 17 of the W.T. Act for reopening assessments in respect of the assessee's net wealth for the assessment years 1972-73, 1973-74 and 1974-75.2. Petitioner is a wealth-tax assessee. Among other assets she held agricultural land admeasuring 205 bighas. For the assessment year 1970-71 she had declared the value of the lands at Rs. 36,000. This value had been returned on the basis of the valuation report of an approved valuer. The WTO accepted this value for the assessment year 1970-71 and 1971-72.3. In the previous year relevant to the assessment year 1972-73 (valuation dated March 31, 1972) assessee sold 100 bighas of land for a sum of Rs. 20,000 and for the remaining land the value was shown at Rs. 16,000 in the wealth-tax return. This value was accepted by the WTO. In the previous year relevant...
Tag this Judgment!Commissioner of Income-tax Vs. Devkinandan Bhandari
Court: Madhya Pradesh
Decided on: Jun-30-1982
Reported in: (1983)35CTR(MP)44; [1983]144ITR178(MP)
Sohani, J.1. By this reference under Section 256(1) of the I.T. Act, 1961, 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 circumstances of the case, and in view of the Explanation to Section 271(1)(c) as it then existed, the Tribunal was justified in reducing the quantum of penalty to an amount less than the difference between the assessed and the returned income ?'2. The material facts giving rise to this reference briefly are as follows:3. For the assessment year 1971-72, the assessee filed a return disclosing income of Rs. 4,560. The ITO, however, assessed the income at Rs. 40,000 and initiated proceedings under Section 271(1)(c) of the Act. The explanation submitted by the assessee was not accepted by the IAC to whom the reference was made. He held that the assessee had concealed income to the extent of Rs. 35,440 and a penalty of Rs. 35,500 was accordingly levied on the assessee....
Tag this Judgment!Jogendrasingh Vs. Vikram University, UjjaIn and ors.
Court: Madhya Pradesh
Decided on: Jun-28-1982
Reported in: AIR1982MP202
Sohani, J.1. This is a petition under Article 226 of the Constitution of India.2. The material facts giving rise to this petition are as follows:--The petitioner appeared at the LL. M. Part I examination conducted by respondent No. 1 in the year 1981. The petitioner was declared unsuccessful when the result was declared, but on an application by the petitioner for revaluation, the petitioner was declared successful. On 8-12-1981, the petitioner was informed by the Upkulsachiv of the respondent University that respondent No. 2 had cancelled the LL. M. Part I examination of the petitioner as the petitioner was found to have attended only 5% of the number of lectures delivered during the relevant calendar year. Aggrieved by this order, the petitioner has filed the petition.3. Shri Kokje learned counsel for the petitioner contended that respondent No. 2 had no jurisdiction to cancel the examination of the petitioner on the ground that he had failed to attend the prescribed course of lectur...
Tag this Judgment!Commissioner of Income Tax Vs. Usha Devi.
Court: Madhya Pradesh
Decided on: Jun-28-1982
Reported in: (1983)35CTR(MP)52
Sohani, J. - This is an application u/s 256(2) of the IT Act, 1961 (hereinafter referred to as the Act).2. The material facts giving rise to this application briefly are as follows :The assessee is an individual and the assessment year in question is 1971-72. In the return filed by the assessee, capital gains of Rs. 41,995 on account of sale of shares of Empire Dyeing & ., Bombay was shown on the basis that the cost price of the share was Rs. 42.57 p. The ITO accepted that cost price as shown in the return and computed capital gains accordingly. Subsequently, the ITO found that the AAC had held the cost price of the share in question at Rs. 24.45 p. Per share in the asst. yr. 1970-71. The ITO, therefore, acting u/s 154 of the Act, rectified the mistake and computed the capital gains on the basis of the cost price of Rs. 24.45 p. per share. Aggrieved by that order, the assessee preferred an appeal. The AAC held that the ITO had no jurisdiction to rectify the mistake u/s 154 and the orde...
Tag this Judgment!Chottelal Vs. Dhalloomal Sindhi and ors.
Court: Madhya Pradesh
Decided on: Jun-26-1982
Reported in: [1986]60CompCas937(MP)
G.P. Singh, C.J. 1. This order shall also dispose of Miscellaneous Appeal No. 285 of 1979 and Miscellaneous Appeal No. 286 of 1979. All these appeals arise out of a common award by the Commissioner for Workmen's Compensation on September 17, 1979.2. Three workmen, namely, Chottelal, Lakhanlal and Darshan Singh, who were employed by one Dhalloomal Sindhi, were working on his truck when another vehicle collided with the truck and the truck overturned. In this accident, Lakhanlal died and Darshan Singh and Chottelal suffered some injuries. Chottelal instituted claim No. 10 of 1978 and the dependants of Lakhanlal instituted claim No. 7 of 1978. Chottelal's claim was dismissed by the Commissioner. Darshan Singh's claim was allowed to the extent of Rs. 15,724 and the claim of the dependants of Lakhanlal was allowed to the extent of Rs. 19,200. The insurance company with which the truck was insured was also made liable for payment of the compensation allowed to Darshan Singh and the dependant...
Tag this Judgment!Chhotelal Vs. Dhalloomal Sindhi and ors.
Court: Madhya Pradesh
Decided on: Jun-26-1982
Reported in: 1(1985)ACC15
G.P. Singh, J. 1. This order shall also dispose of Misc. Appeal No. 285 of 1979 and Misc. Appeal No. 286 of 1979. All these appeals arise out of a common award made by the Commissioner for Workmen's Compensation on 17th September 1979.2. Three workmen, namely Chhotelal, Lakhanlal, and Darshan Singh, who were employed by one Dhalloomal Sindhi, were working on his truck when another vehicle collided with the truck and the truck overturned. In this accident Lakhanlal died and Darshan Singh and Chhotelal suffered some injuries. Chhotelal instituted Claim No. 11 of 1978, Darshan Singh instituted Claim No. 10 of 1978 and dependents of Lakhanlal instituted Claim No. 9 of 1978. Chhotelal's claim was dismissed by the Commissioner. Darshan Singh's claim was allowed to the extent of Rs. 15,724/- and the claim of dependants of Lakhanlal was allowed to the extent of Rs. 19,200/. The Insurance Company with which the truck was insured was also made liable for payment of the compensation allowed to Da...
Tag this Judgment!Bala Prasad Kundanlal Agarwal Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jun-24-1982
Reported in: [1984]145ITR560(MP)
1. This is a reference under Section 256(1) of the I.T. Act, 1961. The questions of law referred by the Tribunal for the opinion of the High Court are as follows:'1. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was correct in holding that in spite of the recital in the partnership deed dated October 16, 1971, about Smt. Sunder Bai deemed to be a partner with effect from October 31, 1970, the firm was not entitled to registration as the partnership came into existence only on October 16, 1971? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified ia holding that the income-tax authorities were right in refusing registration under Section 185 of the Income-tax Act? 3. Whether the Appellate Tribunal was correct in holding that the assessee was not entitled for registration even for a part of the assessment year, i.e., from December 14, 1970, to Diwali 1971?' 2. The facts briefly stated are that originally ...
Tag this Judgment!- ‹ Prev
- Next ›