Madhya Pradesh Court March 1989 Judgments
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Hope Textiles Ltd. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-09-1989
Reported in: [1989]180ITR225(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 : For the assessment year 1974-75, penalty was imposed on the asses-see under Section 221 of the Act. Aggrieved by the order passed by the Income-tax Officer imposing penalty, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals). The appeal was partly allowed by reducing the amount of penalty. On further appeal before the Tribunal, the amount of penalty was further reduced. Aggrieved by the order passed by the Tribunal, the assessee sought reference but the application submitted by the assessee in that behalf was rejected. Hence, the assessee has filed this application. 3. Learned counsel for the assessee contended that the Tribunal was not justified in holding that the assessee was in default when the application for stay submitted by the assess...
Commissioner of Income-tax Vs. Steel Tubes of India (P.) Ltd.
Court: Madhya Pradesh
Decided on: Mar-09-1989
Reported in: [1989]180ITR159(MP)
G. G. SOHANI, ACTG. C.J. - 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, 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 justified in law in holding that the capital subsidy of Rs. 8,23,287 should not have been deducted from the cost of the fixed assets ?'The material facts giving rise to this reference, briefly, are as follows :While framing the assessment for the assessment year 1976-77, the Income-tax Officer had deducted the capital subsidy received by the assessee from the cost of fixed assets for the purpose of allowing depreciation. Aggrieved by the order passed by the Income-tax Officer, the assessee preferred an appeal before the Commissioner of Income-tax (Appeals), but the appeal was dismissed. The assessee then filed a second appeal before the Tribunal. The Tribun...
Prabhudayal Amichand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-08-1989
Reported in: [1989]180ITR84(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, 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 setting aside the order dated March 31, 1980, passed by the Income-tax Officer under Section 271(1)(c) of the Income-tax Act, 1961, and directing him to pass a fresh order in accordance with law instead of upholding its cancellation ?' 2. The material facts giving rise to this reference, briefly, are as follows : During the course of the assessment proceedings for the assessment year 1973-74, the Income-tax Officer noticed that the assessee had furnished inadequate particulars of its income. The Income-tax Officer, therefore, initiated proceedings aganst the assessee under Section 271(1)(c) of the Act and a notice under Section 274 of the Act was s...
S.R. Kalani (Huf) Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-08-1989
Reported in: [1989]180ITR141(MP)
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, 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 Tribunal was justified in law in holding that the family arrangement was a fictitious and sham transaction and that the business of the Hindu undivided family continued to belong to it as before, in the assessment years in question and whether there was no evidence in support of the finding of the Tribunal that the family arrangement dated August 17, 1961, was a sham and fictitious transaction ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in treating the entire income of the business of the Hindu undivided family for the assessment years in question ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was justif...
Jagdish Chandra Vs. the Oriental Fire and Insurance Company and ors.
Court: Madhya Pradesh
Decided on: Mar-08-1989
Reported in: II(1989)ACC264
B.B.L. Shrivastava, J.1. This appeal arises out of award dated 18-7-1986 in claim case No. 17/82 of The court of Motor Accidents claims Tribunal, Shajapur, awarding sum of Rs. 17,000/- as compensation to L. Rs. (respondents No. 3 to 7) of deceased Bansilal, who died due to overturning of matador No. M.B.B. 8097 which was being driven by respondent No. 2 Maqbul Hussain and which was owned by the appellant under insurance with respondent No. 1.2. Case of applicant-respondents 3 to 7 is that deceased Bansilal, while travelling in the aforesaid vehicle, died in consequence of injuries, sustained due to its over turning, on account of negligence of the driver. The contention of the owner and driver of the vehicle was that the deceased was never travelling in the aforesaid vehicle and the accident in question was for no fault of the driver. The insurance company contended that carrying passengers in the goods vehicle was contrary to policy condition and there was thus no liability for paymen...
Kaluram Ladharam Vs. Comissioner of Income-tax.
Court: Madhya Pradesh
Decided on: Mar-07-1989
Reported in: (1990)78CTR(MP)136; [1990]184ITR294(MP)
The judgment of the court was delivered byG.G. SOHANI, ACTG. C.J. - 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, 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 assessee was liable to pay penalty under section 271(1)(a) read with sub-section (2) of section 271 of the Income-tax Act in spite of the fact that the assessee had no assessed tax in terms of the explanation to section 271(1)(i)(b) of the Income-tax Act, 1961 ?'The material giving rise to this reference, briefly, are as follows : The assessee is assessed in the status of a registered firm. As there was delay on the part of the assessee in filing its return for the assessment year 1977-79, the Income-tax Officer initiated proceedings under section 271(1)(a) of the Act, after taking into cons...
Bhanwarilal and Co. Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-02-1989
Reported in: [1990]184ITR233(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, 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 assessee was liable to penalty under Section 271(1)(a) read with Sub-section (2) of Section 271 of the Income-tax Act in spite of the fact that the assessee had no 'assessed tax' in terms of the Explanation to Section 271(1)(i)(b) of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows :In filing a return for the assessment year 1978-79, there was delay of 34 months on the part of the assessee. The Income-tax Officer, therefore, initiated penalty proceedings under Section 271(1)(a) of the Act. The assessee showed cause but the Income-tax Officer held that the assessee had failed to ...
Commissioner of Income-tax Vs. Lilasons Breweries (P) Limited
Court: Madhya Pradesh
Decided on: Mar-02-1989
Reported in: [1989]178ITR299(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 :While framing the assessment for the assessment year 1974-75, the Income-tax Officer had upheld the claim of the assessee for deduction of Rs. 1,86,965 from its total income under Section 80J of the Act. Thereafter, the Income-tax Officer rectified the order of assessment on the ground that there was a mistake apparent on the face of the record inasmuch as in the computation of the allowable deduction under Section 80J of the Act, the Income-tax Officer had taken the value of the assets and liabilities as on December 31, 1973, which was the last day of the computation period whereas the Income-tax Officer should have taken the value of such assets and liabilities as on January 1, 1973. Aggrieved by the order of rectification, the assessee filed an appeal before the Commissi...
Ghasilal Kasturchand Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-02-1989
Reported in: (1989)78CTR(MP)161; [1989]178ITR633(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, 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 Income-tax Appellate Tribunal was legally correct in holding that the interest amount of Rs. 10,650 paid by the assessee-firm to Shri Umraomal, in his individual capacity, was liable to be disallowed in the hands of the firm under Section 40(b) of the Income-tax Act, 1961 ?'2. The material facts giving rise to this reference, briefly, are as follows :The assessee is a registered firm and the assessment year in question is 1978-79. One Shri Umraomal was a partner of the assessee-firm as representative of his Hindu undivided family, Umraomal Kasturchand. A sum of Rs. 10,650 was paid by the assessee-firm as interest to Shri Umraomal on the amount lent by Umraomal to the asse...
Gadia Wires Vs. Commissioner of Income-tax
Court: Madhya Pradesh
Decided on: Mar-02-1989
Reported in: (1989)78CTR(MP)132; [1989]178ITR596(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, 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 sum of Rs. 54,454 received by the assessee as sales tax subsidy was a taxable receipt ?'2. The material facts giving rise to this reference, briefly, are as follows :The assessee had set up an industry in Madhya Pradesh at Ratlam and under the scheme framed by the Government of Madhya Pradesh for grant of sales tax subsidy to industries in backward areas in Madhya Pradesh, a sum of Rs. 54,454 was paid by the Government of Madhya Pradesh to the assessee during the relevant accounting year. In the return of income filed by the assessee, it excluded the said amount claiming the same as a capital receipt. The Income-tax Officer, while f...
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