Madhya Pradesh Court November 1985 Judgments
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Shrikrishna Oil Mills Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Nov-04-1985
Reported in: [1987]67STC329(MP)
ORDERP.D. Mulye, J.1. The applicant-assessee has filed this application under Section 44(2) of the M. P. General Sales Tax Act and the Rules made thereunder, read with Section 9(2) of the Central Sales Tax Act, arising out of the order under Section 38 in Sales Tax Appeal No. 329/PBR/81, relating to the assessment for the period 1st January, 1976 to 31st December, 1976, for which the applicant was assessed to sales tax by the assessing authority on 6th December, 1979.2. Facts giving rise to this application, may be stated, in brief, thus : As the applicant had not submitted any returns during the assessment period for the calendar year 1976, as required under Section 17 of the M. P. General Sales Tax Act, demand of Rs. 1,06,571 was raised under the Central Act by the assessing authority by an order passed on 6th December, 1979. The applicant filed first appeal and deposited l/3rd of the balance demand while preferring the appeal. The said proceeding for assessment was initiated, vide n...
Commissioner of Income Tax Vs. Mahakoshal Potteries.
Court: Madhya Pradesh
Decided on: Nov-04-1985
Reported in: (1986)55CTR(MP)140
J. S. Verma, Actg. C.J. - This is a reference under s. 256(1) of the Act IT 1961 at the instance of the revenue to decide the following question of law :'Whether, on the facts and in circumstances of the case, the Appellate Tribunal was justified in holding that assessee is entitled to a deduction under s. 80J on the entire capital without differentiating between own capital and borrowed capital ?'2. The assessee carries on the business of manufacture and sale of fire bricks earning an income out of this business. The relevant assessment year is 1975-76. In the return filed by the assessee, it claimed a deduction under s. 80-J of the Act on the basis that it had borrowed a sum of Rs. 2,40,000 from the Madhya Pradesh Finance Corporation so that the same should not be deducted in computing the capital employed in the industrial undertaking for purposes of relief under s. 80-J of the Act r/w r. 19A of the IT Rules, 1962 framed thereunder. The ITO rejected the assessees plea and deducted b...
Commissioner of Income-tax Vs. Perfect Pottery Co. (M.B.) Ltd.
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: [1987]163ITR529(MP)
J.S. Verma, Actg. C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue to decide the following question of law, viz. :--'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law, in upholding the order of the Appellate Assistant Commissioner allowing the provision for gratuity at Rs. 1,34,000 as an allowable expenditure under Section 37(1) of the Income-tax Act, 1961 ?'2. The material facts are these : The assessee carries on the business of manufacture of pipes, etc. For the assessment year 1971-72, for which the period of accounting ended on December 31, 1970, the assessee claimed a deduction of Rs. 1,34,000 on account of provision for gratuity to its employees on the basis of an award of the Industrial Court made on August 5, 1970. This amount was determined and duly certified by an actuary as the amount liable to be paid by the assessee as gratuity as on December 31, 1970, i.e., up...
Balchand Hashmatrai and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: (1986)53CTR(MP)452; [1986]161ITR121(MP)
P.D. Mulye, J.1. The Income-tax Appellate Tribunal, Indore Bench, Indore, at the instance of the assessee has made this reference under Section 256(1) of the Income-tax Act, 1961, for the opinion of the court on the following question of law :'Whether, on the facts and in the circumstances of the case, interest of Rs. 4,234 paid to the Hindu undivided family, Hashmatrai Balchand, creditor of the firm, was allowable under Section 36(1)(iii) of the Income-tax Act, 1961?'2. Facts giving rise to this reference as per the statement of the case received may be stated in brief thus: The assessee is a registered firm. The previous year relevant to the assessment year 1976-77 ended on March 31, 1976. The return under Section 139(1) of the Act was filed on July 26, 1976, declaring an income of Rs. 73,410.3. The Income-tax Officer in the assessment order pointed out that Shri Hashmatrai (individual), who is a partner in the firm, made a transfer of Rs. 51,000 on April 1, 1970, to his own Hindu un...
Eastern Air Products Pvt. Ltd. Vs. Union of India (Uoi)
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: 1987(11)ECC116; 1987(10)LC645(MP); 1992(61)ELT558(MP)
ORDERJ.S. Verma, Acting C.J.1. The petitioner no. 1 has a factory which manufactures industrial gases, viz., oxygen, acetylene, nitrogen and ordinary compressed air. These gases are sold to the purchasers filled in steel cylinders which are returnable to the petitioner after they have been emptied. The petitioner charges some amount for retention of the cylinders by the purchasers beyond a specified period. The question is whether this amount recovered by the petitioner from the purchasers described as 'rent of the cylinders' is to be included in the assessable value of the goods as the packing material while computing the value in accordance with Section 4 of the Central Excises and Salt Act, 1944. The petitioner's contention is that this amount of rent recovered by it for the cylinders cannot be included in the value of the assessable goods computed in accordance with Section 4(4)(d) of the Act. Apparently this contention of the petitioner is yet to be decided on merits and the only ...
Shaw Wallace Gelatines Limited Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: 1989(20)ECC119
ORDER1. Petitioner by Shri V.S. Shroti.2. Respondents by Shri A.P. Tare, standing counsel for Union of India. 3. They are heard.4. Admittedly the petitioner has the remedies of appeal, etc., available under Section 35 of the Central Excises and Salt Act, 1944, as extensively amended, to provide several remedies including a reference to the High Court and a further appeal to the Supreme Court.5. In view of the existence of these remedies, we are precluded from exercising our writ jurisdiction in such a matter as pointed out by the Supreme Court in : [1983]142ITR663(SC) -Titaghur Paper Mills Co. Ltd. and Anr. v. State of Orissa and Anr. For this reason alone, without going into the merits of the points raised in the petition, the petition is dismissed. There shall be no order as to costs. Security amount, if deposited, be refunded to the petitioner....
Commissioner of Sales Tax Vs. Janta Cycle Stores
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: [1986]62STC207(MP)
J.S. Verma, Ag. C.J.1. This reference under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958, at the instance of the Commissioner of Sales Tax has been made to decide the following questions of law, namely :(1) Whether, in the facts and circumstances of the case, cycles would be covered by the term 'tandem cycles' used in Government Notification No. 1097/537/V-ST dated 7th April, 1967 ?(2) Whether, on the facts and in the circumstances of the case, the goods exempted partly from tax under Notification No. 1097/537/V-ST dated 7th April, 1967, are only spare parts and accessories of bicycles, etc., and not the bicycles, tandem cycles and cycle combinations by themselves ?2. The period of assessment is the calendar year 1975. The dealer carries on the business in cycles, spare parts, tyres and tubes. During the relevant period, the taxable turnover of the dealer was determined at Rs. 3,12,400 as a result of a best judgment assessment and it was taxed at the rate of 8 per ce...
Mount Mettur Pharmaceutical Ltd. Vs. Assistant Collector, Central Exci ...
Court: Madhya Pradesh
Decided on: Nov-02-1985
Reported in: 1987(14)ECC129
ORDERJ.S. Verma Ag. C.J.1. The petitioner is aggrieved by the show cause notice, annexure-B, dated 1-5-1982, issued by respondent No. 2, Supreintendent, Central Excise, requiring the petitioner to show cause why a revision of the earlier approved list of excisable goods manufactured by the petitioner should not be made and the subsequent proceedings including the issuance of Annexure-I dated 8-2-1983 repeating the same direction substantially. Admittedly, the assessing authority has still to decide the matter on merits and thereafter the remedy of appeals, reference to this Court and a further appeal to the Supreme Court, as provided in Section 35 of the Central Excises and Salt Act, 1944, as amended by Finance Act No. 2 of 1980 with effect from 11-10-1982, are still available to the petitioner. The petitioner's case is similar to that in Eastern Air Products Pvt. Ltd. Bhopal and Anr. v. Union of India and Others (Misc. Petition No. 1694 of 1982) [1987] 11 ECC 116 (MP), wherein we have...
Angad Bai Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Nov-01-1985
Reported in: [1987]163ITR871(MP)
J.S. Verma, Actg. C.J.1. This is a reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the assessee to answer the following questions :'(i) 'Whether, the Tribunal is correct in law in holding that the provisions of Sections 144B and 153 are procedural in nature and hence, the assessee's case will be covered by these sections ? (ii) Whether, on the facts and in the circumstances of the case, the assessment order dated September 6, 1978, is barred by limitation and hence invalid ?' 2. The material facts are these : The relevant assessment year for the asses-see is 1975-76 ending on March 31, 1976. According to the relevant statutory provisions, the assessment had to be completed within a period of two years from the end of the assessment year and exclusion of the period of 180 days had to be made in computing this limitation of two years in accordance with Section 153(1)(a), Explanation 1(iv), read with Section 144B of the Income-tax Act, 1961. According to thi...
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