Orissa Court April 1981 Judgments
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Commissioner of Income-tax Vs. Janardan Subudhi
Court: Orissa
Decided on: Apr-15-1981
Reported in: 52(1981)CLT289; (1981)24CTR(Ori)73; [1981]131ITR287(Orissa)
Misra, C.J.1. The Cuttack Bench of the Income-tax Appellate Tribunal has stated this case under Section 256(1) of the I.T. Act of 1961 (hereinafter referred to as 'the Act'), at the instance of the assessee and has referred the following question for the opinion of the court:' Whether a partner is entitled to exemption under Section 80L of the Income-tax Act in respect of interest earned by the firm on bank deposits held in its name '2. The short facts relevant for- answering this question are these : The assessee is a HUF. The relevant year of assessment is 1975-76 with the previous year ending on March 31, 1975. The HUF represented by the karta was a partner of the firm, M/s. Setty Ramayya Patra & Co. The firm received interest on bank deposits during the year and the assessee claimed relief under Section 80L of the Act in respect of the share in the interest received by the firm by way of exemption. The ITO disallowed the claim, but the AAC accepted the assessee's stand and directed...
Regional Director, E.S.i.C. Vs. Indian Aluminium Co. Ltd.
Court: Orissa
Decided on: Apr-08-1981
Reported in: 51(1981)CLT549; (1982)ILLJ84Ori
N.K. Das, J.1. The respondent is a factory which is covered under the Employees' State Insurance Act of 1948. It has to deposit its contribution for the employees and has to send intimation to the Employees' State Insurance Corporation. This fact is not disputed. It is also not disputed that the respondent deposited the contribution for the period ending 27-9-1975 in time but posted the card intimating the payment on 15-9-1975. According to regulation, this card should have reached the appellant by 9-11-1975 but it was received on 25-11-1975. Accordingly there was a delay of sixteen days in sending the intimation of payment to the appellant. Similarly also the respondent deposited the contribution for the period ending 26-3-1976 in time but posted the card on 8-5-76 which was received by the appellant on 11-5-1976 and there was a delay of two days because the card should have reached by 9-5-76. The respondent has also paid interest as required under regulations for delay in sending the...
Angara Bhoiani and ors. Vs. Kanhei Misra and anr.
Court: Orissa
Decided on: Apr-04-1981
Reported in: AIR1981Ori93; 51(1981)CLT481
P.K. Mohanti, J.1. The second appeal is by the defendants against a decree of affirmance passed by the learned Subordinate Judge of Bargarh in a suit for declaration of title to and recovery of possession of 4.60 acres of land described in Schedule 'B' of the plaint.2. The plaintiff's case was that Lax-man Bag, the father of defendants 1 and 2, was an occupancy raiyat in respect of the suit land. He surrendered the same in favour of the village Gountia (P.W. 3) by an unregistered deed of surrender dated 22-8-1932 (Ext. 13) and on the same day Mohan Misra, the predecessor-in-interest of the plaintiffs, acquired the same by a registered deed of permanent lease (Ext. 11) granted by the Gountia. Two days prior to the surrender, i.e. on 20-8-1932 Laxman Bag had executed an unregistered sale deed (Ext. 12) in favour of Mohan Misra in satisfaction of a decretal debt outstanding against him. Plaintiff No. 1 is the son and plaintiff No. 2 is the widow of a predeceased son of the said Mohan Misr...
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