Court : Madhya Pradesh
Decided on : Jul-23-2003
Reported in : (2003)4CompLJ420(MP); [2004]49SCL544(MP)
..... this is a company petition filed by what he calls himself as a creditor of respondent company seeking winding up of company essentially on the ground covered under section 433(e) of companies act.2. the respondent is a company havingits manufacturing unit at sendhwa. it is stated by the petitioner that in the course of company's manufacturing activity, ..... of rs. 1,44,320. since, the respondent has failed to clear the outstanding despite notice sent, the petitioner has chosen to invoke the provisions of section 433(e) of the companies act seeking winding up of the respondent-company. it is alleged that non-payment of total money dues amounting to rs. 1,44,320 is a ground to ..... rs. 1,00,000 being no. 257718, dated 16-6-2000 in favour of petitioner, but was returned by the bank for which a case under section 138 of the negotiable instrument act is pending against the respondent company before the court at sendhwa. he then further alleged that respondent has paid a sum of rs. 75,000 and balance .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-21-2003
Reported in : (2004)186CTR(MP)718; [2004]265ITR202(MP)
..... the mumbai and allahabad high courts reported in cit v. bhaichand h. gandhi : [1983]141itr67(bom) and sundar lal jain v. cit : [1979]117itr316(all) , respectively, contended, that section 68 of the act can be invoked only, when, the books of account of the assessee show the cash entry and not otherwise.5. we are afraid, such a narrow and restricted interpretation ..... . 9), and affirmed the finding of fact, recorded by the assessing officer and the commissioner of income-tax (appeals) with regard to the addition of rs. 72,100 under section 68 of the act. the assessee derived the income from purchase and sales of sintex water tanks, etc., agents of sinter plast containers, kalol, and bhopal. during the relevant financial year, the ..... 1. this appeal under section 260a of the income-tax act, 1961 (hereinafter for short, 'the act of 1961'), has been preferred by the assessee against the order passed by the income-tax appellate tribunal on april 15, 2002, in i.t.a. no. 402/ind of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-20-2003
Reported in : (2004)186CTR(MP)417
..... are between the same parties except the difference being that of different assessment years.2. in substance, the challenge in this writ petition relates to issuance of notice under section 148 of the it act (annex. p-3), dt. 31st march, 2003. even according to the writ petitioner, he has submitted a reply to the show-cause notice (annex. p- ..... these circumstances and in this view of the matter it is now for the assessing authority to take into account the reply submitted by the petitioner and act accordingly. so far as the grievance of the writ petitioner for ..... 4), dt. 10th april, 2003. in other words, the petitioner has already submitted to the jurisdiction of a notice issued under section 148 and has disclosed his stand.under .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-03-2003
Reported in : (2004)186CTR(MP)418
1. r.l. jain, learned counsel for the revenue.2. he is heard on the question of admission.3. this appeal has been preferred against the order dt. 3rd dec., 2002, passed by tribunal, indore in ita no. 257/ind/1997.4. after going through the impugned order, we find that the tribunal has recorded a finding that the interest income earned by the smaller huf could not have been assessed in the hands of bigger huf, as the same is not permissible as per the law.5. undisputedly, the respondent has been accepted as a smaller huf, in view of the partition of the bigger huf of nathuram which has been recognized under section 171(1) of the it act, 1961, by the department itself.6. in view of the admitted facts and circumstances of the case, the tribunal allowed the appeal. the findings recorded by the tribunal are factual in nature and do not involve any substantial question of law. thus, the appeal being devoid of any substance merits dismissal without any orders as to costs.
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-28-2003
Reported in : (2003)4CompLJ425(MP); [2004]49SCL552(MP)
..... its rehabilitation or winding up, this occasion may not arise. in either case, this court expressly grant liberty to the petitioner to file/renew their petition under section 433 of the companies act on the same cause of action against the respondent company in the event of the reference being rejected. it is at that time, this court may examine ..... the issue in the context of the requirement of section 433/434 of the companies act on merits, as to whether any case for winding up of the respondent company qua this creditor (petitioner) is made out or not and if so, ..... thereon and hence, need to file a company petition arose after serving a statutory notice under section 434 of the act.2. on behalf of the respondent company a shelter of section 22 of sica is taken. according to respondent, since the reference under section 15 of sica is pending before the bifr being case no. 128 of 1997 and hence, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-23-2003
Reported in : (2003)4CompLJ427(MP); [2004]49SCL612(MP)
..... this court to decide as to whether a strong prima facie case on facts is made out for admission of winding up petition against any company. indeed section 443(2) of the act empowers this court to dismiss the petition, if it is of the opinion that some other remedy is available to the petitioner for realisation of their dues ..... (hereinafter referred to as 'company') seeking for its (company's) winding up. the winding up is sought essentially or rather only on the ground falling under section 433(e) of the act contending that company has failed to pay a sum of rs. 8,42,198 to the petitioner i.e., inability to pay the debt.2. it is the ..... entertain a company petition for its winding up though it is one of the main attributes for its entertaining. the company court in its special jurisdiction under the companies act cannot hold any factual inquiry on questions which are material for deciding the entitlement of petitioner in claiming back the amount. indeed, the real object and purpose of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Apr-14-2003
Reported in : [2004]134STC281(MP)
..... and thereafter the assessing officer shall complete the assessment proceedings and for that the assessing officer shall follow the due procedure laid down under the commercial tax act and rules for holding enquiry and shall pass reasoned orders after affording an opportunity of being heard to the petitioner in conformity with law. it is ..... them after providing the petitioners a reasonable opportunity to file their objections/reply and after holding proper enquiry as per the provisions of the commercial tax act and the rules made thereunder and to pass a reasoned order of assessment in the cases. at this stage learned deputy government advocate for the respondents ..... heard. therefore, all the orders passed by the assessing officer which are under challenge in this petition are contrary to the procedure laid down under the act and rules and are contrary to the principles of natural justice. he further vehemently submitted that the respondents have even failed to personally serve the copies .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-23-2003
Reported in : [2005]123CompCas214(MP); (2003)4CompLJ423(MP); [2004]49SCL541(MP)
..... there is no registered office of the company situated in state of m.p. it is on this basis the o.l. has prayed that in terms of section 10 of the companies act the reference should have been made/sent to concerning high court i.e. calcutta high court and not to this court which does not possesses the jurisdiction to ..... l. is accepted. it is held that this court (m.p. high court indore bench) is not the concerned high court within the meaning of section 20 of sica read with section 10 of the companies act. accordingly, it is not possessed of any territorial jurisdiction to entertain, receive and/or decide the reference sent by bifr in respect of the company. ..... the reference for passing final orders of winding up.3. i am inclined to accept the prayer made by the o.l. section 10(a) of the companies act provides that the high court having jurisdiction under this act shall be the high court having jurisdiction in relation to the place at which the registered office of the company is situated. so .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-23-2003
Reported in : [2005]128CompCas849(MP); [2004]49SCL600(MP)
..... whether a strong prima facie case on facts is made out for admission of winding up petition against any company. indeed section 443(2) of the act empowers this court to dismiss the petition, if it is of the opinion that some other remedy is available to the ..... respondent despite notices sent by the petitioner and hence, this petition has been filed seeking winding up of the respondent company under section 433 of the companies act on the ground of their inability to pay the dues i.e. a sum recoverable under an award.2. heard shri ..... very strong and prima facie case on facts.6. as observed supra, when admittedly the petitioner has invoked the provisions of the arbitration act then they must exhaust all its provisions for realisation of their alleged dues under an award. a petition for winding up may not ..... ordera.m. sapre, j.1. this is a company petition filed under section 433 of the companies act seeking winding up of the respondent company, known as kamar trading co. (p.) ltd. in substance, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-22-2003
Reported in : 2003(4)MPHT380
..... of facts are necessary for the disposal of this revision petition. suffice it to say, that the charge-sheet under section 3/5 of the explosive substances act, was filed in the committal court wherein an application under section 319 of the code was moved by the prosecution on 3-2-97 to array the applicant subhash chandra jain as ..... order. hence, this revision.3. in this revision petition, shri harpreet ruprah, learned counsel for the applicant has vehemently argued and submitted that the case under section 3/5 of the explosive substances act is triable by the court of sessions and hence the committal court was not enjoying any jurisdiction to allow the application filed under ..... section 319 of the code. to bolster his contention he has placed heavy reliance on the decision of the apex court in the case of raj kishore v. .....
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