Madhya Pradesh Court March 1996 Judgments
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Commissioner of Income Tax Vs. Bakhtawar Singh.
Court: Madhya Pradesh
Decided on: Mar-15-1996
Reported in: (1997)141CTR(MP)62
A. K. MATHUR, C.J. :This is an income-tax reference under s. 256(1) of the IT Act at the instance of the Revenue and following three questions have been referred by the Tribunal for opinion of this Court :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the various units established by the assessee at Korba, Anpara, Bhilai, Badarpur, Satpura, etc. were industrial undertakings and the plant & machinery owned by the assessee and used for the purpose of its business were entitled to relief under s. 32A ?(2) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee was entitled to relief under s. 80HH in respect of its units in backward areas where the assessee had set up separate industrial undertakings for each of the unit ?(3) Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the units established by the assess...
Commissioner of Income Tax Vs. M. P. Audyogik Kendra Vikas Nigam (Raip ...
Court: Madhya Pradesh
Decided on: Mar-15-1996
Reported in: (1997)141CTR(MP)324
BY THE COURT :This is an IT reference under s. 256(1) of the IT Act, 1961 at the instance of Revenue and the following question of law has been referred by the Tribunal for answer by this Court :'Whether under the facts and in the circumstances of the case and in law, the Tribunal was justified to hold that the assessees claim of deduction of interest on term loan was of allowable nature ?'2. The assessee is M.P. Audyogik Kendra Vikas Nigam (Raipur) Ltd., Raipur. It is a Government undertaking. The assessee had claimed certain collection charges and contingent expenses from its constituents. The same was to form part of the receipt of the assessee. Similarly, the assessee charged interest on its term loans from its constituents and same also formed part of receipts. Assessee had shown these receipts in its books and filed the returns accordingly. However, subsequently, the Government of Madhya Pradesh by notifications dt. 11th February, 1986 and 29th July, 1986, disapproved the assesse...
Commissioner of Income-tax Vs. Rahul Steel Forgings (P) Ltd.
Court: Madhya Pradesh
Decided on: Mar-14-1996
Reported in: [1997]224ITR135(MP)
A.R. Tiwari, J.1. The applicant (Commissioner of Income-tax, Bhopal), has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short 'the Act'), seeking direction to the Tribunal to state the case and to refer the under-noted questions, categorised as of law, arising out of the order dated May 8, 1991, passed by the Tribunal in I. T. A. No. 365/ Ind of 1986 after rejection of the application on February 7, 1992, registered as R. A. No. 423/Ind of 1991, for the assessment year 1982-83, for our consideration and opinion :' (1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in allowing the claim of sales returns when the nexus between the same and sale of scrap was not established by the assessee with evidence ? (2) Whether, on the facts and in the circumstances of the case, the 7 expenditure for feasibility report of Rs. 30,722 paid to Mirloskar Consultants Limited was a revenue expenditure ? (3) Whether...
Commissioner of Gift-tax Vs. Gulraj Baboolal
Court: Madhya Pradesh
Decided on: Mar-14-1996
Reported in: [1997]224ITR88(MP)
A.K. Mathur, C.J.1. This is a reference under Section 26(1) of the Gift-tax Act, 1958 (for short, 'the Ad'), at the instance of the Revenue and: the following question has been referred for answer by this court :' Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that a gift made by the karta of the Hindu undivided family to his wife out of the Hindu undivided family assets is entitled to exemption under Section 5(1)(viii) of the Gift-tax Act ?'2. The brief facts giving rise to this reference are these : The assessment year is 1982-83. The assessee is the sole surviving coparcener of the Hindu undivided family which consists of himself and his wife, Smt. Rashma Devi. The assessee gifted Rs. 50,000 to his wife on October 24, 1981, and executed a memorandum of gift in respect of that gift. He claimed exemption under Section 5(1)(viii) of the Act. He contended that being the sole surviving coparcener, he was competent to gift Rs. 50,000 to his w...
Shyamabai Wd/O Balwant Singh and ors. Vs. Vasudeo Rudranarayan Awasthi ...
Court: Madhya Pradesh
Decided on: Mar-14-1996
Reported in: 1997(1)MPLJ327
ORDERR.D. Shukla, J.1. The appeal is directed against the judgment and Award dated 22-5-1989 of the Member, Motor Accident Claims Tribunal, Indore passed in Claim Case No. 72/87 whereby the claimant appellants have been awarded a compensation of Rs. 90,000/- for the death of Balwant Singh in a motor accident on 26-3-1983 at about 10 A.M. Balwantsingh was dashed by Motor-truck No. MPN 5323, owned by respondent No. 1 and driven by respondent No. 2 and died nearly 3-4 hours after the accident. Rajani, daughter of claimant No. 1 also died.2. Claimants who are the heirs of Balwantsingh filed the claim petition for an award of Rs. 1,00,000/-. A separate petition for compensation on account of the death of Rajani was also filed. Respondents disputed the claim including the fact of rash and negligent driving. Respondent No. 3 further disputed its liability on the ground that the insurance was obtained by fraud.3. Learned Tribunal found the accident having occurred due to rash and negligent dri...
Commissioner of Income Tax Vs. M.K. Pushpraj Singh and anr.
Court: Madhya Pradesh
Decided on: Mar-14-1996
Reported in: (1998)148CTR(MP)375
ORDERS.K. KULSHRESTHA, J.The Tribunal, Jabalpur Bench, Jabalpur, has furnished the statement of case and referred the following question of law arising out of the order of the Tribunal dt. 1st Jan., 1988 passed in ITA Nos. 407 and 108/Jab/83 to this Court at the instance of the Revenue :'Whether, on the facts and in the circumstances of the case and on a true interpretation of the provisions of s. 54 of the IT Act, 1961, the Tribunal was justified in law in holding that the assessee was entitled to exemption under s. 54 in respect of the Bombay property which was not owned by the assessee as an individual during the last two years from the date of sale?'2. The two assessees namely, M.K. Pushpraj Singh, Rewa and H.H. Maharaja Martand Singh, Jua Deo, Rewa, were assessed as individual assessees within the meaning of s. 2(31)(i) for asst. yr. 1973-74. The assessee had sold their respective shares of the house property known as 'Rewa House, Bombay'. This property was received by them on the...
State of Madhya Pradesh and ors. Vs. G.L. Patel and Company and ors.
Court: Madhya Pradesh
Decided on: Mar-13-1996
Reported in: AIR1997MP74
S.C. Pandey, J.1. This is a Letters Patent Appeal under Clause 10 of Letters Patent against the Order dated 29-11-1995, passed by a learned single Judge of this Court in M.C.C. No. 382/95'(State of M.P. and two others v. G.L. Patel), arising out of order dated 16-2-1995, passed by the learned single Judge in M.P. No. 1037/94. The State has also challenged in this appeal, the order passed by the learned single Judge in M.P. No. 1037/94, decided on 16-2-1995. It has also filed an application for condonation of delay in filing the Letters Patent Appeal under Section 5 of Limitation Act against the order dated 16-2-1995 in M.P. No. 1037/94.2-3. The State has also filed L.P.A. No. 206/95 against the order, passed by a learned single Judge in M.C.C. No. 383/95 which arose from the order, dated 16/2/1995, passed in M.P. No. 1158/94. In this appeal also an application for condonation of delay in filing the appeal against the order 16-2-1995 in M.P. No. 1158/94 has been filed bythe State.3. It ...
Commissioner of Income-tax Vs. Laxmi Metal Powder (P.) Ltd.
Court: Madhya Pradesh
Decided on: Mar-13-1996
Reported in: [1997]224ITR43(MP)
A.R. Tiwari, J. 1. The applicant (Commissioner of Income-tax, Bhopal),has filed this application under Section 256(2) of the Income-tax Act, 1961(for short, 'the Act'), seeking direction to the Tribunal to state the caseand refer the proposed questions of law, as extracted below, arising outof the order dated June 28, 1991, passed by it in I. T. A. No. 367/(Ind) of1989 after rejection of its application registered as R. A. No. 253/(Ind) of1991 on December 12, 1991, for the assessment year 1987-88, for ouropinion : '(1) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in dismissing the appeal holding that there was no finding to the effect that sales tax subsidy could be treated as a revenue receipt ? (2) Whether, on the facts and in the circumstances of the case, the sales tax subsidy received by the assessee was not liable to be included in the total income of the assessee ? (3) Whether, on the facts and in the circumstances o...
Commissioner of Income-tax Vs. Malwa Oxygen and Industrial (P.) Ltd.
Court: Madhya Pradesh
Decided on: Mar-13-1996
Reported in: [1997]224ITR72(MP)
A.R. Tiwari, J.1. The applicant (Commissioner of Income-tax, Bhopal) has filed this application under Section 256(2) of the Income-tax Act, 1961 (for short, 'the Act'), seeking direction to the Tribunal to state the case and refer the proposed questions of law, as extracted below, arising out of the order dated June 28, 1991, passed by it in I. T. A. No. 337/(Ind) of 1989 after rejection of its application under Section 256(1) of the Act registered as R. A. No. S06/(Ind) of 1991 on December 12, 1991, for the assessment year 1985-86, for our opinion :'(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the capital subsidy received by the assessee is not deductible from the cost of assets for the purpose of depreciation and investment allowance when there is a nexus between the cost of the assets and the subsidy ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in holding th...
Commissioner of Income-tax Vs. Oswal Data Processors
Court: Madhya Pradesh
Decided on: Mar-13-1996
Reported in: [1997]223ITR735(MP)
N.K. Jain, J. 1. The Income-tax Appellate Tribunal, Indore Bench, Indore, has under Section 256(1) of the Income-tax Act, 1961 (for short, 'the Act'), referred the following questions said to be of law arising out of its order dated May 10, 1991, in I. T. A. No. 440/(Ind) of 1986 :' (i) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the business of data processing with the help of computers is an industrial undertaking entitled to deduction under Section 80J ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the computer machines do not constitute office appliance and are entitled to investment allowance ?' 2. The facts material for the purpose of this reference are these : The year of assessment involved is 1982-83, previous ending June 30, 1981. The assessee is a registered firm carrying business of data processing with the help of computers. It claimed investment...
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