Madhya Pradesh Court August 1988 Judgments
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New Calcutta Hardware Mart Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1989]175ITR292(MP)
G.G. Sohani, Actg. C.J.1. This is an application under Section 256(2) of the Income-Lax Act, 1961 (hereinafter referred to as 'the Act').2. The material facts giving rise to this application, briefly, are as follows : The assessee is assessed in the status of a registered firm. While framing the assessment of the assessee for the assessment year 1975-76, the Income-tax Officer held that certain cash credits were not satisfactorily explained by the assessee. In this view of the matter, the sums so credited were added to the income of the assessee by the Income-tax Officer as income from undisclosed sources. On appeal, the Commissioner of Income-tax (Appeals) deleted those additions. Aggrieved by the order passed by the Commissioner of Income-tax (Appeals), the Revenue preferred an appeal before the Tribunal. The Tribunal held that the capacity of Shri Bherulal and Shri Shyamlal who were alleged to have advanced the amount of Rs. 35,000 and Rs. 20,000 to the assessee was not proved. The ...
Commissioner of Income-tax Vs. Steel Ingots (P.) Ltd.
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1989]175ITR290(MP)
G.G. Sohani, Actg. C.J.1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').2. The material facts giving rise to this application, briefly, are as follows :3. The assessee is a private limited company deriving income from manufacture and sale of steel ingots. During the assessment year 1981-82, the assessee incurred expenditure on the foreign travel of its director and his wife in connection with the medical treatment of director. The entire expenses were disallowed by the Inspecting Assistant Commissioner (Assessment). The appeal preferred before the Commissioner of Income-tax (Appeals) was dismissed. On further appeal before the Tribunal, the Tribunal held that the expenditure on the foreign tour of Mr. and Mrs. Agrawal and the medical expenses incurred on the treatment of Shri Agrawal were admissible as business expenditure. The Tribunal, accordingly, directed the Inspecting Assistant Commissioner (Assessment) to work out ...
Commissioner of Income-tax Vs. Ramchandraji Maharaj Ka Bada Mandir
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1989]175ITR293(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, Indore, has referred the following questions of law to this court for its opinion :'(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in entertaining the appeal of the assessee and holding that the Income-tax Appellate Tribunal should not have made the assessment in this case on a protective basis, but on a substantive basis ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was correct in law in holding that the alleged endowment dated August 20, 1954, by Seth Gopaldas is valid according to law ?' 2. The material facts giving rise to this reference, briefly, are as follows :On August 20, 1954, one Seth Gopaldas executed a deed of endowment in respect of a substantial portion of his agricultur...
indo Copyer Pvt. Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1999]175ITR9(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal, Indore Bench, Indore, 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 holding that the law in force on April 1, 1977 was applicable to the default committed by the assessee and that the additional tax was righlty levied on the assessee ?'2. The material facts giving rise to this reference, briefly, are as follows ;3. While framing the assessment of the assessee for the assessment year 1976-77, for which the previous year of the assessee ended on March 31, 1976, the Income-tax Officer levied additional income-tax under section 104 of the Act on the ground that within 12 months following the expiry of the previous year, the assessee had failed to distribute the prescribed percentage of its distributable income a...
Banwarilal Ramswaroop Goyal Vs. Commissioner of Sales Tax
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1989]73STC160(MP)
R.K. Verma, J.1. This is an application by the applicant-assessee firm, a registered dealer under the M.P. General Sales Tax Act, 1958 as also under the Central Sales Tax Act, 1956 for requiring the Tribunal to make a reference under Section 44(2) of the M.P. General Sales Tax Act read with Section 9(2) of theCen tral Sales Tax Act of the questions proposed in the application as arising out of the order of the Tribunal. The present application relates to the assessment of the assessee to the Central sales tax for the period 1st January, 1978 to 20th October, 1979.2. The material facts giving rise to the present application, briefly stated, are as under:The applicant-assessee carries on business in foodgrains, oil-seeds, pulses, etc., at Neemuch. During the assessment period, the applicant has sold separated pulses in inter-State sales. The applicant contended that these pulses were purchased by it on payment of full tax and that it was entitled to exemption from payment of inter-State ...
Commissioner of Sales Tax Vs. Indore Umbrella Factory
Court: Madhya Pradesh
Decided on: Aug-05-1988
Reported in: [1989]73STC23(MP)
ORDERR.K. Verma, J.1. This reference has been made by the learned Tribunal under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (hereinafter referred to as 'the Act') at the instance of the Commissioner of Sales Tax, referring the following question of law for our decision :Whether, under the facts and circumstances of this case, the Board of Revenue was justified in holding where a case has been reopened under Section 19(1) of the Madhya Pradesh General Sales Tax Act, 1958 and no penalty has been imposed thereunder where all the returns have been furnished during the assessment period and tax has been deposited along with the returns during the assessment period, that the case of the non-applicant was covered under Section 38(3)(a) of the Act and not under Section 38(3)(e) of the Act ?2. The material facts giving rise to this reference, briefly stated, are as under :The non-applicant, assessee-firm, was assessed to tax for the period 1st January, 1976 to 31st December...
iqbal and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: [1989]175ITR249(MP)
G.G. Sohani, Actg. C.J. 1. The order in this case will also govern the disposal of Misc. Civil Cases Nos. 141, 142, 143 and 144 all of 1987.2. These are applications under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').3. The material facts giving rise to these applications, briefly, are as follows :The assessee is a partnership firm which was granted registration for the assessment year 1977-78. For the assessment years 1978-79 and 1979-80, the registration of the assessee was continued and the assessee was assessed under Section 143(3) of the Act in the status of a registered firm for all these years. Subsequently, on the basis of information gathered during the course of survey conducted under Section 133A of the Act in the premises of the assessee as well as in the premises of two other firms, Kamalkishore & Co., Chachrod, and Chetanswaroop Omprakash & Co., Nagda, the Income-tax Officer came to the conclusion that the assessee-firm was not genuine...
Chetanswaroop Omprakash and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: [1989]175ITR247(MP)
G.G. Sohani, Actg. C.J. 1. This is an application under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. The material facts giving rise to this application, briefly, are as follows : The assessee is a partnership firm and is assessed in the status of a registered firm. The assessment year in question is 1979-80. On the basis of information gathered during a survey conducted under Section 133A of the Act in the premises of the applicant-assessee and in the premises of the two other firms, Iqbal & Co., Unhel, and Kamalkishore & Co., Khachrod, the Income-tax Officer came to the conclusion that the aforesaid two firms were not genuine and hence their income was liable to be included in the income of the applicant. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals). The Commissioner of Income-tax (Appeals) partly allowed the appeal. Aggrieved by the order passed by the...
Kamalkishore and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: [1989]175ITR252(MP)
G.G. Sohani, Actg. C.J.1. The order in this case will also govern the disposal of Miscellaneous Civil Cases Nos. 137 and 139, both of 1987.2. These are applications under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act').3. The assesses is a partnership firm which was granted registration for the assessment year 1977-78. For the assessment years 1978-79 and 1979-80, the registration of the assessee was continued and the assessee was assessed under Section 143(3) of the Act in the status of a registered firm for all these years. Subsequently, on the basis of information gathered during the course of survey conducted under Section 133A of the Act in the premises of the assessee as well as in the premises of two other firms, Iqbal and Co., Unhel, and Chetanswaroop Omprakash and Co., the Income-tax Officer came to the conclusion that the assessee-firm was not genuine and the Income-tax Officer, therefore, cancelled the registration/continuation of registrati...
Commissioner of Income-tax Vs. Premier Extraction (P.) Ltd.
Court: Madhya Pradesh
Decided on: Aug-04-1988
Reported in: [1989]175ITR22(MP)
G.G. Sohani, Actg. C.J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal', Indore Bench, Indore, has referred the following question of law to this court for its opinion :'Whether, on the facts and in the circumstances of the case, and inview of Section 43(1), the Tribunal is justified in holding that the amountof capital subsidy received by the asse.ssee from the Government would notgo to reduce the cost of assets for the purpose of allowing depreciation,etc. ?' 2. The material facts giving rise to this reference, briefly, are as follows : The assessee is a private limited company deriving income from extraction of oil from oilcakes. The assessee-company received capital subsidy of Rs. 4,26,748 during the assessment year 1978-79 and Rs. 1,07,617 during the assessment year 1979-80 from the M. P. Financial Corporation under a scheme of the Government with a view to industrialise the country and...
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