Madhya Pradesh Court June 1987 Judgments
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Ved Prakash M. Patel Vs. Commissioner of Income-tax.
Court: Madhya Pradesh
Decided on: Jun-25-1987
Reported in: (1988)65CTR(MP)21; [1988]169ITR591(MP)
N. D. OJHA C.J. - On a direction being issued by this court under section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal 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 right in law in holding that the payment of royalty to the extent of Rs. 46,466 was rightly disallowed by the Income-tax Office ?'The facts in a nutshell which are necessary for answering this question may usefully be stated. The assessee, Shri Ved Prakash Patel, in the instant case, is a Hindu undivided family consisting of Ved Prakash, his wife and a minor son. The year of assessment in the instant case is 1971-72 and the accounting year is the year ending Diwali 1970. Earlier, Ved Prakash was a partner of a firm in which Maganlal Dajibhai had a six annas share, Ved Prakash had a six annas share, whereas Maganlal Lallubhai had a four annas share. Conseque...
Gwalior Rayon Silk Mfg. (Wvg.) Co. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jun-24-1987
Reported in: [1988]169ITR577(MP)
G.G. Sohani, J.1. The order in this case will also govern the disposalof MCC No. 50 of 1982.2. The material facts giving rise to this reference, briefly, are as follows :An application was made by the assessee under Section 256(2) of the Income-tax Act, 1961, to this court for directing the Tribunal to state a case and to refer certain questions of law to this court for its opinion. That application was registered as Misc. Civil Case No. 136 of 1978. By order dated October 30, 1980, that application was allowed and this court directed the Tribunal to state the case and to refer the question of law as framed in that order. Thereupon the Tribunal stated the case and referred the question of law. This reference was registered as Misc. Civil Case No. 50 of 1982. Subsequently, on December 16, 1980, an application was submitted by the applicant before this court praying that the question of law framed by this court be amended. That application was registered as Misc. Civil Case No. 33 of 198...
Bhopal Co-operative Central Bank Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Jun-23-1987
Reported in: (1987)65CTR(MP)101; [1987]169ITR564(MP)
N.D. Ojha, C.J.1. This judgment shall also govern the disposal of Misc. Civil Case No. 7 of 1980.2. The following questions have been referred by the Income-tax Appellate Tribunal, Indore Bench, Indore, to this court for its opinion in each of these two miscellaneous cases, namely, MCC No. 556 of 1979 and MCC No. 7 of 1980:'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the income from commission, etc., at Rs. 38,722 and from locker rent at Rs. 5,681 earned by the assessee are not from carrying on the business of banking and, therefore, not entitled to exemption under Section 80P(2)(a)(i) of the Income-tax Act, 1961? (2) Whether, on the facts and in the circumstances of the case, the subsidy received by the assessee at Rs. 5,000 and credited in the books of account under the head 'Donation and Financial Assistance' for meeting part of the expenditure of a new branch was not a receipt in the course of carrying on the busine...
Bhopal Co-operative Central Bank Vs. Commissioner of Income-tax, M. P. ...
Court: Madhya Pradesh
Decided on: Jun-23-1987
Reported in: (1988)65CTR(MP)101; [1988]169ITR573(MP)
N. D. OJHA C.J. - This judgment shall also govern the disposal of Misc. Civil Case No. 7 of 1980.The following questions have been referred by the Income-tax Appellate Tribunal, Indore Bench, Indore, to this court for its opinion in each of these two miscellaneous cases, namely, MCC No. 556 of 1979 and MCC No. 7 of 1980 :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the income from commission, etc., at Rs. 38,722 and from locker rent at Rs. 5,681 earned by the assessee are not from carrying on the business of banking and, therefore, not entitled to exemption under section 80P(2)(a)(i) of the Income-tax Act, 196 ?(2) Whether, on the facts and in the circumstances of the case, the subsidy received by the assessee at Rs. 5,000 and credited in the books of account under the head Donation and Financial assistance for meeting part of the expenditure of a new branch was not a receipt in the course of carrying on the business of...
Spedra Engineering Corporation Engineers and Contractors, Bhopal Vs. S ...
Court: Madhya Pradesh
Decided on: Jun-22-1987
Reported in: AIR1988MP111
C.P. Sen, J.1. This is a petition under Articles 226 and 227 of the Constitution for striking down of M.P. Madhyastham Adhikaran Adhiniyam, 1983, and for quashing the order dt. 16-8-1985 of the Chief Engineer cancelling the appointment of arbitrator dt. 14-3-1985 for deciding the dispute raised by the petitioner-contractor. This Order will also govern the disposal, of M.P. No. 1922/1985 between the same parties wherein the petitioner has challenged the order dt. 22-6-1985 of the State Government cancelling the appointment of the sole arbitrator to settle the dispute between the parties.2. The petitioner is a contractor having its registered office at Bhopal. The petitioner's tender for construction of DejlaDawada left Earth Dam in the district of West Nimar, M.P., was accpeted by the State Government and agreement No. 12DL/1983-84 was entered into and the petitioner commenced its work. Clause G.C. 52 of the Agreement provided for settlement of disputes by recourse to arbitration. As pe...
Commissioner of Income-tax Vs. Project Automobiles
Court: Madhya Pradesh
Decided on: Jun-22-1987
Reported in: (1988)67CTR(MP)152
N.D. Ojha, C.J. 1. This judgment shall govern the disposal of M.C.C. No. 369 of 1978 also. The assessee, M/s. Project Automobiles, Bhilai, is common to both these cases. In M.C.C. No. 142 of 1976, the following question has at the instance of the Commissioner of Income-tax been referred to this court for its opinion by the Income-tax Appellate Tribunal:'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that a sum of Rs. 2,235 was attributable to revenue expenditure ?'2. This case is in respect of the assessment years 1970-71, 1971-72 and 1972-73. The aforesaid question is common with regard to all the three assessment years aforesaid with the exception that the amount involved in the assessment years 1970-71 and 1971-72 is Rs. 2,235 whereas the amount is Rs. 2,084 in the assessment year 1972-73.3. The same question has been referred to this court by the Tribunal in M.C.C. No. 369 of 1978, with regard to the assessment year 1974-75. The am...
S.A.E. (India) Limited and anr. Vs. Union of India (Uoi) and ors.
Court: Madhya Pradesh
Decided on: Jun-04-1987
Reported in: 1992(0)MPLJ882
ORDERB.M. Lal, J.1. This is a petition under Articles 226 and 227 of the Constitution of India against the two show cause notices, (Documents No. 15 and No. 16) both dated 12-5-1987, whereby the petitioners have been directed to show cause why assessment made by the Regional Assistant Commissioner, Sales Tax, Jabalpur be not enhanced by exercising powers under Section 38(5)(a) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as the 'Act') and further to show cause as to why for deliberate concealment and manipulation * of the accounts which has resulted in evading tax, penalty under Section 43(1) of the Act be not imposed. The petitioners have also filed LA. No. 3380/87 for staying the further proceedings pending before the respondent No. 4, Appellate Deputy Commissioner, Sales Tax, Jabalpur restraining him from continuing the proceedings on the basis of the said two show cause notices. (Documents No. 15 and No. 16).2. The petitioners have thus only come up ag...
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