Madhya Pradesh Court January 2005 Judgments
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Steel Ingots Ltd. Vs. Deputy Commissioner of Income-tax (Assessment)
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2005)197CTR(MP)278; [2005]275ITR209(MP)
A.M. Sapre, J.1. This is an appeal filed by the assessee under Section 260A of the Income-tax Act, 1961 against an order dated February 29, 2000, passed by the Income-tax Appellate Tribunal (for short hereinafter referred to as 'the Tribunal'), in I. T. A. No. 268/Ind of 1995. This appeal was admitted for final hearing by passing the following order on July 20, 2000. This is what the order sheet of July 20, 2000 records :'July 20, 2000.Shri R. L. Jain, L. C. for the appellant. Shri J.W. Mahajan, L. C. for the respondent. Heard on admission.The appeal is admitted on the following substantial question of law :'Whether, on the facts and in the circumstances of the case, the hon'ble Income-tax Appellate Tribunal was justified in observing that since the very basis of assessment order dated December 3, 1987, no longer exists the appeal by the Revenue is of no substance?'No notice is necessary to the other side as Shri Mahajan represents the respondent.(R.D. Vyas J.) (Shambhoo Singh J.)'2. H...
Ferro Concrete Construction (India)(P) Ltd. Vs. Commissioner of Income ...
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2005)196CTR(MP)158; [2007]290ITR713(MP)
ORDERA.M. Sapre, J.1. This is an IT reference made at the instance of assesses under Section 256(1) of the IT Act in RA Nos. 48, 49 and 50/Ind/1997 which arises out of ITA Nos. 902 and 221/Ind/1995 and 570/Ind/1994 decided by Tribunal on 11th March, 1997, to answer following questions of law :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the amount of sale proceeds of empty bags and containers, drums, etc. and interest on FD has no. nexus for calculation of profit of the assessee's business at the estimated rate of net profit adopted for the purpose ?2. Whether the Tribunal was justified in confirming the order of the authorities below in holding that the receipt of the sale proceeds of empty bags and interest on FD do not form part and parcel of the contract business and thus the amount so received at Rs. 3,85,578 is to be assessed separately under the head income from other sources ?3. Whether, on the facts and in the circumsta...
Lal Singh and anr. Vs. State of Madhya Pradesh and anr.
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: 2005(2)MPHT346
ORDERS.K. Seth, J.1. This order shall also govern the disposal of W.P. No. 1058/2004 as common question of constitution of Gram Panchayat is involved in both the writ petitions.2. This is a writ petition under Article 226 of the Constitution of India so as to assail the validity of the notification dated 12-7-2004 issued by the Collector, Shajapur. Petitioners in the present writ petition are the residents of Village Kumadi and Bejana respectively. They are aggrieved by the exclusion of Village Kumadi from the area of erstwhile Gram Panchayat, Bejana and amalgamation of Kumadi with the Gram Panchayat, Toogni. According to the petitioners, the impugned notification dated 12-7-2004 has been issued contrary to the provisions of Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam' for short). It is contended that objections filed by the residents of Village Kumadi were not at all considered by the respondents. It is also contended that the distance bet...
D and H Secheron Electrodes (P) Ltd. Vs. Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2005)196CTR(MP)289; [2006]281ITR421(MP)
ORDERA.M. Sapre, J.1. This is an income-tax reference made under Section 256(1) of the IT Act by the Tribunal at the instance of assessee in RA No. 71/Ind/1996 which in turn arises out of ITA No. 998/Ind/1991 to answer following questions of law said to arise out of the order of the Tribunal:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the penalty notice issued to the assessee was proper and the penalty proceedings initiated thereon were legal and no blanket proceedings were initiated against the assessee ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that legal requirement of satisfaction is of only the prima facie satisfaction of the AO, in respect of concealment of income or furnishing inaccurate particulars of income before issuing notice under Section 271(1)(c) of the Act?'2. In substance, the question that arises for consideration in this reference is--Whether init...
Commissioner of Income Tax Vs. Abhay Kumar Jain
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2005)196CTR(MP)474; [2006]281ITR431(MP)
A.M. Sapre, J.1. The decision rendered in this reference application shall govern disposal of other two reference applications also being IT Ref. No. 14 of 1998 and IT Ref. No. 16 of 1998 because all the three reference applications involve identical point and are based on similar type of order passed by the Tribunal (ITAT).2. This is an application made by the Revenue (CIT) under Section 256(2) of IT Act consequent upon the rejection of their application made under Section 256(1) of IT Act by the Tribunal by their common order dt. 9th July, 1997, passed in R.A Nos. 44, 45 and 46/Ind/1997 which in turn arise out of ITA Nos. 326, 632 and 895/Ind/1992 for the asst. yr. 1989-90.3. Heard Shri R.L. Jain, learned senior counsel with Ku. V Mandlik, learned counsel for the Revenue and Shri S.C. Bagadia, learned senior counsel with Shri D.K. Chhabra, learned counsel for the assessee.4. Having heard learned counsel for the parties and having perused record of the case, we are of the view that th...
Eisher Motors Ltd. and anr. Vs. State of M.P. and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: 2005(3)MPHT399; 2005(1)MPLJ408; [2005]142STC509(MP)
ORDERS.K. Seth, J. 1. This petition under Article 226 of the Constitution of India is directed against the reassessment order dated 30-4-1991 (Annexure H) passed by the respondent No. 3. Necessary facts shortly are as under :-2. M/s. Eisher Motor Limited is a Public Limited Company. Petitioner has set up an industrial unit in Pithampur for manufacture of Light Commercial Vehicle ('LCV for short) of different types for carriage of goods or passengers. Petitioner is a registered dealer both under M.P. General Sales Tax Act, 1958 (hereinafter referred to as 'Act of 1958' for short) and Central Sales Tax Act, 1956 (hereinafter referred to as 'Act of 1956' for short). Case of the petitioner is that in order to fillip industrial growth, State Government exercising powers conferred by Section 12 of the Act of 1958 issued the Notification dated 23-10-1981. Similar Notification dated 29-6-1982 was issued under the Act of 1956. According these notification incentives in the shape of exemption fr...
State Bank of Indore Vs. Income Tax Appellate Tribunal and ors.
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2005)198CTR(MP)617; [2006]284ITR125(MP)
ORDERIssue decided on basis of earlier year s ordersThe Tribunal decided issues under consideration on the basis of earlier orders without adjudicating same and without giving any reasonings. Held: Tribunal was under legal obligation to formulate the question involved and then quote their reasoning already arrived at in their main leading order in extenso therefore, the impugned order being unreasoned was set aside and remitted back to the Tribunal.Income Tax Act, 1961 s.255 ...
Aaa Fun-n-food (P) Ltd. Vs. Joint Commissioner of Income Tax
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: (2006)201CTR(MP)479
ORDERA.M. Sapre, J. 1. This is an appeal filed by the assessee under Section 260A of the IT Act against an order dt. 17th Dec., 1999 passed by Income-tax Appellate Tribunal (for short called Tribunal) in ITA No. 569/Ind/1995. This appeal was admitted for final hearing on 19th July, 2000 by framing following substantial question of law :That the disallowance of 1/4 of the capitalised amount of Rs. 4,53,128 by the AO on the ground that expenses such as stationery, printing, books and periodicals, general expenses, miscellaneous expenses, advertisement expenses, application fee, etc. could not be capitalised, is erroneous on the face of the order because these expenses have, in fact, not been capitalised under this head. In fact, these expenses have already been claimed under the deferred revenue expenditure account of Rs, 58,875.27 which has been separately allowed. Similarly the CIT(A) and the Tribunal committed the same mistake by directing disallowance of 25 per cent, Thus, the impugn...
Commissioner of Sales Tax Vs. Vora Wires
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: [2006]145STC598(MP)
ORDERA.M. Sapre, J.1. This is a sales tax reference made under Section 44(1) of the Madhya Pradesh General Sales Tax Act, 1958 (since repealed) called 'the Act' henceforth at the instance of State (Commissioner of Sales Tax) by the Board of Revenue in Reference Case No. 7-2/5/74/94 dated March 26, 1998 which arise out of an appellate order dated May 18, 1994 passed by Board in appeal No. 99-PBR/91 to answer the following question of law by this Court:Whether under the facts and under circumstances of the case the Tribunal was justified in holding that stay wire is included in goods specified in Section 14(iv)(xv) of the Central Sales Tax Act, 1956 and therefore subject to tax at 4 per cent as declared goods. 2. Heard Shri A.S. Agrawal, learned Government advocate for the applicant and Shri G.M. Chaphekar, learned Senior Counsel with Shri Pancholia, learned Counsel for the non-applicant.3. The respondent is a registered dealer under the Act. They are engaged in the business of manufactu...
Aaafuti-n-food (P) Ltd. Vs. Joint Cit
Court: Madhya Pradesh
Decided on: Jan-03-2005
Reported in: [2005]144TAXMAN544(MP)
ORDERA.M. Sapre, J. This is an appeal filed by the assessee under section 260A of the Income Tax Act against an order dated 17-12-1999 passed by Income Tax Appellate Tribunal (for short called Tribunal) in I.T.A. No. 569/ Ind./95. This appeal was admitted for final hearing on 19-7-2000 by framing following substantial question of law:-'That the disallowance of 1/4 of the capitalized amount of Rs. 4,53,128 by the assessing officer on the ground that expenses such as stationery, printing, books and periodicals, general expenses, miscellaneous expenses, advertisement expenses, application fee etc. could not be capitalized is erroneous on the face of the order because these expenses have in fact not been capitalized under this head. In fact these expenses have already been claimed under the deferred revenue expenditure account of Rs. 58,875.27 which has been separately allowed. Similarly the CIT(A) and the Appellate Tribunal committed the same mistake by directing disallowance of 25 per ce...
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