Madhya Pradesh Court June 1985 Judgments
Sardar Satnam Singh Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jun-29-1985
Reported in: [1986]159ITR130(MP)
G.L. Oza, C.J. 1. This case and M.C.C. No. 92 of 1984 have been filed by the petitioner-assessees under Section 256(2) of the Income-tax Act for a direction to the Income-tax Appellate Tribunal to make a reference in respect of the following question :'Whether, on the facts and circumstances of the case and the material on record, there is justification in law for the Tribunal to hold that the silver utensils were not personal effects held for the personal use of the applicant within the meaning of Section 2(14)(ii) of the Income-tax Act?'2. This order shall also govern the disposal of M.C.C. No. 92 of 1984 (Sardar Triloksingh v. CIT).3. The facts necessary for the disposal of this petition are that the petitioner claims to be a Hindu undivided family and is assessed to income-tax by the Income-tax Officer, Chhindwara. The relevant year for the assessment is 1977-78 and the accounting year ended on March 31, 1977. It is alleged that the applicant submitted a return showing a total inco...
Tag this Judgment!Commissioner of Income-tax Vs. Rajnandgaon Roadways Ltd.
Court: Madhya Pradesh
Decided on: Jun-26-1985
Reported in: [1987]164ITR728(MP)
1. At the instance of the Revenue, a direction was given by this court under Section 256(2) of the Income-tax Act, 1961, to state the case andrefer for the decision of this court, the following question of law, namely :' Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in law in setting aside the Inspecting Assistant Commissioner's order regarding penalty under Section 271(1)(c) and remanding the case to him '2. The material facts are these. The assessee is a private company deriving income from plying passenger buses. For the assessment year 1975-76, on a scrutiny of the account books of the assessee, the Income-tax Officer discovered an amount of Rs. 30,000 shown as borrowed from Sardar Jagdeepsingh, son of Dhamsingh. The Income-tax Officer came to the conclusion that the genuineness of this entry was doubtful. Accordingly, he added the amount of Rs. 30,000 to the assessee's income as income from undisclosed sources. He also initiated actio...
Tag this Judgment!Dugdh Utpadak Evam Vikreta Sangh, Jabalpur and ors. Vs. the State of M ...
Court: Madhya Pradesh
Decided on: Jun-19-1985
Reported in: AIR1986MP9; 1985MPLJ606
ORDERG.L. Oza, C.J.1. This is a petition filed by the petitioners seeking quashing of the amendment in the M. P. Essential Commodities (Exhibition of Prices and Price Control) Order, 1977, by which milk was included in the schedule to that order and also for quashing of the orders passed by the Collector, Jabalpur, No. 1984/Khadya/84 and No. 2006/Khadya/84, both dated 4th August, 1984, and also for a direction to restrain the respondents from enforcing the impugned orders by compelling the petitioners to sell milk at the rate of Rs. 5/- per litre according to these orders.2. According to the petitioners, petitioner No. 1 is a society registered under the Societies Registration Act, 1973, and this society has been formed to safeguard the interests of dairy owners and other persons who carry on the business of keeping milking animals, maintaining dairy, producing milk and selling milk at Jabalpur. It is also alleged that this society is also authorised to represent the milk producers of ...
Tag this Judgment!Commissioner of Income Tax Vs. Ganga Iron Industries.
Court: Madhya Pradesh
Decided on: Jun-18-1985
Reported in: (1986)53CTR(MP)448
ORDEROza, C.J. - This is a reference made by the ITAT at the instance of the revenue for answering the following questions. For the year 1972-73 the question is :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that there was a mistake of law apparent from the order of the AAC of IT and thereby setting aside his order for decision in respect of the claim of the assessee for deduction under s. 80-J of the IT Act, 1961 ?'and for the asst. yr. 1973-74 the question is :'Whether, on the facts and circumstances of the case, the Appellate Tribunal was justified in law in directing the ITO to exclude the borrowed capital while computing the capital employed for allowing relief under s. 80J of the IT Act, 1961, thereby deciding the vires of r. 19A of the IT Rules, 1962 ?'2. The facts stated by the Tribunal are :For the asst. yr. 1972-73 :The assessee is a registered firm earning income from running two industrial undertakings. In the r...
Tag this Judgment!Commissioner of Income-tax Vs. Bhopal Co-operative Central Bank Ltd.
Court: Madhya Pradesh
Decided on: Jun-04-1985
Reported in: [1987]164ITR713(MP)
1. This judgment shall also govern the disposal of Misc. Civil Case No. 210 of 1984 (CIT v. Bhopal Co-operative Central Bank Ltd).2. This is a reference made by the Income-tax Appellate Tribunal (hereinafter referred to as 'the Tribunal'), at the instance of the Revenue, (Commissioner of Income-tax) under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act '), to answer the following question :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the income derived by the assessee from interest on securities was exempt as per provisions of Section 80P(2)(a)(i) of the Income-tax Act, 1961 ?'3. This reference arises out of the assessment for the years 1967-68, 1968-69, 1969-70, 1970-71, 1971-72, 1972-73 and 1973-74. By these seven reference applications which are consolidated for the sake of convenience, the Commissioner of Income-tax, Madhya Pradesh-I, Bhopal, approached the Tribunal to make a reference to ...
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