Madhya Pradesh Court February 1996 Judgments
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Commissioner of Income-tax Vs. Princess Usha Devi Trust
Court: Madhya Pradesh
Decided on: Feb-15-1996
Reported in: [1996]222ITR137(MP)
A.R. Tiwari, J. 1. The aforesaid miscellaneous civil cases, registered on applications under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), presented by the applicant (Commissioner of Income-tax) are connected matters.2. Briefly stated, the facts of the case are that the assessee is a private trust and is assessed for different years. The trust is created by the late Maharaja Yeshwantrao Holkar on April 10, 1950. By the deed of the trust, the trustees were saddled with certain obligations. For earlier assessment years, the matter was litigated up to this court. This court, vide its order dated March 19, 1983--Princess Usha Trust v. CIT : [1983]144ITR808(MP) , held that the Maharani Usha Devi has transferred her beneficial interest in the trust on March 30, 1977, and, therefore, the trust stood extinguished. No liability of income-tax or wealth-tax can be imposed on the trust which had stood extinguished. Following the decision of the High Court, the Commissioner of ...
Virendra Kumar Vs. Gandharv Singh Dongra and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1996
Reported in: 1998ACJ1154
S.K. Dubey, J.1. The appellant driver has filed the two appeals, M.A. Nos. 68 of 1987 and M.A. No. 79 of 1987, under Section 110-D of the Motor Vehicles Act, 1939 (for short 'the Act'), aggrieved of the common award dated 27.11.1986 passed by Additional Motor Accidents Claims Tribunal, Jabalpur in Claim Case No. 12 of 1982 for the death of Raja Dongra arising out of motor accident on 7.2.1981 a compensation of Rs. 11,000/- was awarded and in Claim Case No. 13 of 1982 an amount of Rs. 20,000/- as compensation for the death of Ganesh Datta was awarded with interest at the rate of 10 per cent per annum, exonerating the owner of the jeep and the insurance company holding that the driver exceeded his authority in carrying passengers beyond the scope of his employment. The legal representatives of deceased Ganesh Datta have filed M.A. No. 87 of 1987 and M.A. No. 88 of 1987 has been filed by the legal representatives of the deceased Raja Dongra for enhancement of the compensation.2. Facts giv...
Commissioner of Income Tax Vs. Kumari Prabhawati Gupta and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1996
Reported in: (1997)142CTR(MP)72
BY THE COURT :This is an IT reference under s. 256(2) of the IT Act (hereinafter referred to as the Act) and the following questions of law have been referred by the Tribunal for answer of this Court, which are as under :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessment order passed by the ITO was ab initio void for omission to include the legal heirs of the deceased in the assessment order ?(2) Whether the Tribunal was right in setting aside the order of the AAC and in not passing further order directing the ITO to proceed with the assessment against the legal representatives of the assessee ?'2. The brief facts giving rise to this reference are thus : The assessee, late H. C. Gupta died on 28th October, 1976 and ITO, Jabalpur, completed the assessment for the year 1970-71 on 24th March, 1977, at an income of Rs. 45,000 without impleading the legal representatives of the assessee. Aggrieved against the order o...
National Insurance Co. Limited Vs. Jagannath Prasad and ors.
Court: Madhya Pradesh
Decided on: Feb-15-1996
Reported in: 2(1996)ACC157
T.S. Doalia, J.1. An interim award was passed. The present petitioner that is, National Insurance Company Limited, was asked to deposit a sum of Rs. 11,350/- (i.e. Rs. 7500 + Interest Rs. 3850/-) towards no fault liability. According to the petitioner, final award has since been given by the Tribunal on 29th July, 1994. Relying upon a decision given by this Court reported as National Insurance Co., Jabalpur v. Thaglu Singh and Ors. AIR 1994 MP 177, it has been argued that when owners have been directed to meet the liability for an accident then a further direction should also be given directing them to refund the amount paid by Insurance Company towards no fault liability to the Insurance Company. Reliance is being placed on the following observations made by this Court.In these cases, there is no contention that the vehicles involved in the accidents are not covered by policies. There is also no dispute that the vehicles were involved in accident and death followed as consequence of t...
Commissioner of Income Tax Vs. Lila Sons Breweries (P) Ltd.
Court: Madhya Pradesh
Decided on: Feb-15-1996
Reported in: (1999)151CTR(MP)622
ORDERBY THE COURT:This is income-tax reference under s. 256(1) of the IT Act, 1961, at the instance of the Revenue and following question of law has been referred by the Tribunal for answer by this Court :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that there was no mistake apparent on the face of the record and the ITO was not right in rectifying the order of assessment under s. 154 of the IT Act, 196l?'2. Brief facts giving rise to this reference are that the assessee is a private limited company engaged in the manufacture of beer. The year of assessment involved is 1974-75, previous year ending on 31st March, 1973 (sic). Original assessment was completed by the ITO on 28th March, 1977, allowing deduction of Rs. 64,454 under s. 80J of the Act as against the claim of the assessee for Rs. 1,87,965. The ITO later found that the deduction under s. 80J was wrongly allowed to that extent.The assessee had taken the value of the a...
Mohd. Yousuf and ors. Vs. Smt. Jyotsana Ben and ors.
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: AIR1996MP197
S.C. Pandey, J.1. This is an appeal against the order dated 12-1-90 filed by the objectors under Order 21, Rule 58(4) of the Code of Civil Procedure. The 1st Additional District Judge to the Court of District Judge, Satna, has rejected the application under Order 21, Rule 58 of the Code of Civil Procedure registered as M.J.C. No. 26/88. This appeal is filed under Order 21, Rule 58(4) of the Code of Civil Procedure read with Section 96 of the Code.2. The respondents 1 to 4 were the decree holders who filed Execution Case No. 47/79 against the judgment-debtor Mohd. Ahsan Bux. It is alleged in the application under Order 21, Rule 58, filed by the appellants, that the property in question known as 'Chandani Talkies', shown as House No. 190/1125 Purana Ward No. 11, Satna in the Municipal records, was not liable to attachment. It was alleged inter alia that same property was sold to the appellants by a registered sale deed dated 5-10-70 pursuant to an attachment for recovery of Income-tax du...
Smt. Rekha Devi (Legal Representative of Kishanchand Gaganmal) Vs. Com ...
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: [1996]221ITR888(MP)
A.R. Tiwari, J.1. The applicant/assessee has filed applications under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), registered as miscellaneous civil cases particularised above, seeking direction to the Income-tax Appellate Tribunal to state the cases and refer the proposed common question of law, as extracted below, for opinion of this court :' Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding that the provisions of Section 64(1)(iv) of the Act are applicable and thereby directing the Income-tax Officer to base his fresh assessment on the assessment year 1973-74 when Smt. Rekha Devi (wife) has been held to be the owner of the house property in question ?'2. Briefly stated, the facts of the case are that the assessee, Kishanchand Gaganmal, was a liquor contractor. He expired. The applicant, Smt. Rekha Devi, his wife, is the legal representative of the late Shri Kishanchand. The assessment years ar...
Commissioner of Income-tax Vs. K. AminuddIn and Sons
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: [1996]221ITR870(MP)
1. This is an income-tax reference under Section 256(2) of the Income-tax Act, 1961 (hereinafter referred to as 'the I. T. Act') at the instance of the Revenue and the following question of law has been referred by the Tribunal for answer of this court, which reads as under :' Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the liability of the assessee for the amount of Rs. 61,642 was an ascertained liability under Section 26 of the Beedi and Cigar Workers (Conditions of Employment) Act, 1966, and that the said amount was deductible in computing the income of the assessee ?'2. The brief facts giving rise to this reference are thus : The assessment year involved in this case is 1976-77, the previous year ending March 31, 1976, The assessee has been assessed in the status of a registered firm. The assessee claimed Rs. 61,642 by way of deduction for holiday wages and leave with wages under Sections 21, 26 and 27 of the Bidi and Cigar...
Commissioner of Income-tax Vs. Subodh Kumar Jain
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: (1996)136CTR(MP)184; [1996]221ITR802(MP)
1. This is an income-tax reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue. The following, questions of law have been referred by the Tribunal for answer by this court :'(1) Whether the transfer of property within the meaning of Section 45 of the Income-tax. Act, 1961, takes place in consequence of acquisition proceedings under Section 17(1) of the Land Acquisition Act, 1894, on the basis of notification, i.e., October 19, 1973, and published during the period February 13, 1974, to February 18, 1974, or the date of order of the Land Acquisition Officer passed on August 5, 1974 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in law in holding that the capital gains arising from the compulsory acquisition of the property arose in the previous year corresponding to the assessment year 1975-76 and became taxable in that assessment year ?' 2. The brief facts giving rise to this reference are that the assesse...
Lalita Prasad Shyam Sunder Shukla and anr. Vs. Central Bank of India
Court: Madhya Pradesh
Decided on: Feb-14-1996
Reported in: 1997(1)MPLJ679
D.P.S. Chouhan, J.1. Suit numbered as Civil Suit No. 67-A/90 was filed by the Central Bank of India as against Lalita Prasad and Sakhadas. The claim in the suit was for a sum of Rs. 33,488-21 p. and the interest was claimed from the date of the filing of the suit upto the payment of the amount at the rate of 16% per annum.2. The brief facts are that the defendant No. 1 - Lalita Prasad, who is an agriculturist, took a loan of Rs. 11,200/- in the month of February, 1970 from Bilaspur Branch of the plaintiff-Bank for agriculture purpose. This loan was payable in three equal yearly instalments together with interest i.e. on 31st March, 1971, 31st March, 1972 and 31st March, 1973. The defendant No. 2 was only guarantor. The loan was for construction of well and purchasing pumping set for water facility for agricultural operation. A mortgage deed was executed on 2-5-1970 in respect of agricultural holding in favour of the Bank. The defendant No. 1 on 21-4-1970 also executed Demand Promissory...
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