Court : Rajasthan
Decided on : Oct-12-2001
Reported in : [2002]254ITR170(Raj)
..... capital investment is a question of fact and does not give rise to question of law. this has led to the filing of this application under section 256(2) by the commissioner of income-tax.4. we have heard learned counsel for the parties. it is true, whether a particular commodity forms part of stock-in-trade or investment is ordinarily ..... capital on the condition that they are not transferable without the permission of the company. in these circumstances, a question arises whether in view of the provisions of the companies act, the shares of a private limited company can at all be held as stock-in-trade by anyone so as to deal with freely as a commodity resulting in business ..... 86,055 concerned in respect of the shares of private limited companies. the assessing authority made an order under section 143(3) of the income-tax act by accepting the income returned as it is.2. the commissioner of income-tax under section 263 held the order to be erroneous and prejudicial to the interests of the revenue and directed the assessing officer ..... 1. the present application by the commissioner under section 256(2) of the income-tax act, 1961, relates to the assessment year 1985-86. the application is at the instance of the assessee. the assessee has claimed a loss of rs. 86,055 on account ..... justified in holding that the shares of a private limited company can also be stock-in-trade particularly if considered in the light of the provisions of the companies act.'6. there shall be no orders as to costs. .....
Tag this Judgment!Court : Rajasthan
Decided on : May-24-2001
Reported in : [2002]254ITR429(Raj)
..... a specified trust with the known beneficiaries and their determinate shares and also that the assessee is not liable to be charged to tax at maximum rate under section 164(1) of income-tax act, 1961 ?'3. we are of the opinion that so far as question no. (iii) is concerned, whether the trust is a specified trust of known beneficiaries ..... i. t. a. no. 346/jp of 1984, dated september 24, 1985, in respect of which the application filed by the commissioner under section 256(1) of the income-tax act, 1961, has been rejected on july 9, 1986 :'(i) whether, on the facts and in the circumstances of the case, the tribunal was right in law ..... so far as other two questions are concerned, two bench decisions of this court in respect of the very same assessee for the earlier years have rejected like applications under section 256(2) for raising the very same questions in the case of cit v. poonam chand manmal trust , and by a common order two income-tax applications nos. ..... 1. heard learned counsel for the parties.2. an application under section 256(2) of the income-tax act has been made by the revenue requiring this court to refer the following three questions of law said to be arising out of the tribunal's order passed in ..... 72 and 73 of 1982 made by the revenue were rejected vide order dated january 11, 1995 (cit v. poonamchand manmal ).4. in view of the aforesaid, this application is also rejected. there shall be no order as to costs. .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-2001
Reported in : 2001(3)WLC556
..... division bench of this court reported in air 1952 raj. 36 (supra). (19). in grindlays bank ltd. v. the central government industrial tribunal and ors. (4), the apex court held as under:- 'that where a party is prevented from appearing at the hearing due to a sufficient cause, and is faced with an ex ..... the departmental promotion committee having not been convened, the respondent-state appointed ad hoc temporary basis several assistant engineers on the post of executive engineer after 1.4.87 but the appellant was not appointed to the post of executive engineer. aggrieved by this, he filed an appeal no.67/94 before the rajasthan ..... on 16.5.70 and the appellant was placed in the seniority list at serial no. 27 and his qualification was shown as b.e. mechanical. (4). it is stated that the appellant was confirmed by the chief engineer w.e.f. 1.9.1969 and was appointed as assistant engineer on ad hoc ..... by the hon'ble tribunal or where any error is apparent of the face of record, in the interest of justice, the tribunal can review its order. 4. this writ petition is disposed of with these directions.' (2). the correctness of the above judgment is questioned in this appeal.(3). before proceeding to deal ..... this act, have the powers of a civil court while trying a suit under the code of civil procedure, 1908.' although powers under section 6 have been limited but if it is read with section 5 it can be inferred that the tribunal is free to adopt such procedure as deemed fit. i am of the definite .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-27-2001
Reported in : 2002(141)ELT352(Raj)
..... adjunct, not essential but which adds to its efficiency and wide meaning adopted by the courts universally, and keeping in view in the context of definition of capital goods given in explanation to rule 57q, the finding recorded by the commissioner, central excise (appeals) about the user to which the ..... the power fluctuations is bound to cause damage to the machines is not in challenge. this immediately draws to our mind clause (b) of the definitions, defining capital goods. it not only includes component part of the machines described in clause (a) nor is confined to spare parts for the ..... amendment still continue to be capital goods for the purpose of availing modvat credit. the explanation appended to rule 57q gives a very wide definition of capital goods in respect of which modvat facility has been extended for availing credit in respect thereof. it has three classes of machines, ..... learned counsel for the respondent has defended the orders passed by the tribunal on appeal as well as while rejecting the application under section 35g(3) of the act.8. we are of the opinion that though the question raised about interpretation of the provisions defining the meaning of capital goods ..... a machine used for producing or processing of any goods or for bringing about any change in any substance for the manufacture of final product.4. the commissioner of customs (appeals) accepted the contention of the assessee by upholding the ground raised by the assessee that voltage stabilizer is essential .....
Tag this Judgment!Court : Rajasthan
Decided on : Aug-09-2001
Reported in : [2002]254ITR70(Raj)
..... opinion that the contention raised by learned counsel for the appellant has no merit and we are of the opinion that the order passed by the assessing officer under section 16(4) of the act is, invalid and ab initio void and, accordingly, we confirm the order dated september 17, 1993, passed by the commissioner of income-tax (appeals) and the order dated ..... instead of submitting the returns and complying with the other requirements, raisedfrivolous objections and as such the assessing officer was constrained to pass the assessment orders ex parte under section 16(4) of the act. it is the submission of shri mathur that the assessment orders have been passed in accordance with law and the commissioner of income-tax (appeals) and the learned ..... tribunal vide its order dated december 27, 2000 (annexure 3), dismissed the appeals filed by the appellant-revenue holding that the assessment orders passed by the assessing officer under section 16(4) of the act are invalid and void ab initio and the orders of the commissioner of income-tax (appeals) have been upheld. the tribunal held that recording of reasons is a ..... of wealth was filed by the assessee. the assessee did not comply with the requirement and accordingly the assessment was completed ex parte under section 16(4) of the act. the assessing officer issued notice under section 17 of the act on the basis of major audit objections in respect of the assessment years 1981-82 to 1988-89. the wealth assessed and the tax .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-23-2001
Reported in : 2002(1)WLC635
..... credibility of the testimony of the witness. it is true that the testimony of the person will definitely be subject to the scrutiny in the manner provided in the provisions contained in section 60 of the evidence act viz. a viz. credibility of such testimony and not relating to the competency of a person ..... even it the plaintiff or defendant does not appear in the witness box to support his case, but there is other reliable evidence, the courts can definitely take that evidence into consideralion. the contention of the learned counsel for the appellant cannot be accepted. there is no merit in the civil misc. ..... witness i.e. holder of power of attorney, after discussing the provisions of order 111 rule 1 and order xviii cpc r/w section 118 of the evidence act which clearly provides that all persons shall be competent to testify unless the court considers that they are prevented from understanding the question put ..... to depose before a court of a judicial tribunal as a competent witness.(14). in the case of ram kishan dass v. dwarka prasad bhousarla (4), it was held that where in an ejectment application filed against the tenant power of attorney holder appearing as his witness and some of his statement ..... stated that shanti devi herself did nol appear in the court. her husband had appeared and, therefore, an adverse inference should have been drawn against her.(4). the trial court had framed the required issues.(5). on issue no.1 it was held by the trial court that the will ex. 1 was .....
Tag this Judgment!Court : Rajasthan
Decided on : Mar-12-2001
Reported in : 2001(2)WLC490
..... vs. shakuntla devi (8), held thus: (para 6)'in case the trial court decides to strike out the defence of the defendant under section 13(5) of the act the court may proceed with the adjudication of the suit and while doing so examine whether the plaintiff has succeeded in establishing her case that ..... trial court had rightly placed the burden on the defendant to prove that he had not committed default in making payment of rent?(11). section 101 of the evidence act provides that whoever desires any court to give judgment as to any legal right or liability dependent on the existence of facts which he ..... be true and he will be entitled to a decree without proof of the conditions laid down in clause (a) to sub-section (1). the defendant is not definitely reduced to a position worse than that when the case proceeds exparte. the plaintiff can only succeed in view of the mandate contained in ..... the order of striking out the defence against eviction is passed? (14). section 13(5) of the rent act makes it abundantly clear that if a tenant fails to deposit or pay rent month by month as envisaged by section 13(4), the court shall order the defence against eviction to be struck out and shall ..... section 13(1) when he satisfies the court that the tenant has made himself liable for one of the reasons mentioned in that section.' (16). their .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : [2002(93)FLR79]; (2002)IVLLJ76Raj; 2002(1)WLC296
..... worker only and he was not being paid on monthly basis. no appointment letter was issued to him and the workman of daily wager does not come under the definition of retrenchment. section 25-g or 25-h was not applicable as per the petitioner, it was further pleaded that the respondent had left coming to the bank of his own w ..... whether the action of the management of aravali kshetriya gramin bank, sawal madhopur in not considering shri ramesh chand gupta, daily wages workman for re-employment under section 25-h of the industrial disputes act, 1947 while engaging fresh hands is justified? if not, to what relief the concerned workman is entitled?2. the respondent no. 3 (here-in-after referred to ..... demand with all consequential benefits.3. the only point involved in the present case is as to what is the effect of the non-compliance of section 25-h r/w rule 77 of the rules.4. in the case of central bank of india v. s. satyam and ors. air 1996 sc 2526 : 1996 (5) scc 419 : 1996-ii-llj-820 ..... it was held that section 25-h provides for re-employment of retrenched workmen. rules 77 and 78 of the industrial disputes rules require the maintenance of seniority .....
Tag this Judgment!Court : Rajasthan
Decided on : May-31-2001
Reported in : (2001)72TTJ(NULL)323
..... in possession of any article or thing and that the statement so recorded may be used in evidence. he has contended that after 1-4-1989, the scope has been further enlarged by explanation appended below sub-section (4) of section 132. he has also contended that the statement of shri shree chand soni was recorded regarding this house in which the entire family ..... income of rs. 7,50,000. but this return was filed under protest objecting/protesting because the notice issued and served on the assessee was under section section 158bc read with section section 158bc . thereafter, another notice under section section 158bc was issued on 5-11-1998, which was served on assessee on 14-11-1998, and in response thereto, the assessee filed return for the ..... same premises known as kailash bhawan, and the search warrant being in the name of shri shree chand soni and family.20.1. we may note that the definition of the term person and section 2(31) is inclusive only and is not exclusionary, nor is worded restrictively. this term, vide above provision, also includes an huf as also an assessing officer ..... . 3, 4 and 5 under head g are regarding searches under income tax act. he has contended that section 22 of rajasthan st act (hereinafter referred to as the rst act) deals with search and survey, etc. and that section 24 of rst act is corresponding to section 131 of income tax act 1961. he has also contended that section 22(8), rst act is corresponding to section 132b income tax act. he .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-26-2001
Reported in : AIR2001Raj338; 2002(5)WLC868
..... is unimaginable that this lady would be waiting for surendra bhatia on the next date of death along with other persons. the conduct of attesting witness is definitely suspicious and doubtful. apart from the fact that in the will it is mentioned that surendra bhatia would start looking the interest of minor children of ..... merit. nothing has been brought to the notice of the court that the property in question for which the succession certificate was being sought under section 372 of the succession act was of ancestral nature. onus was on the appellant. no such onus has been discharged. rather, it has come in the evidence that the ..... died within three days of the will. any person who is said to be normal and healthy on 17-4-1989 and was admitted in the hospital and dies on 21-4-1989, a doubt is definitely caused of the fact whether the testator was healthy and in sound mind; if the will was signed in ..... and smt. poonam bhatia were living together in same house. he admits that he was arrested for the offence under section 420 ipc on 1-9-1990 and was released on bail on 4-9-1990. he admits that certain property had been purchased in the joint name of his brother and the plaintiff. ..... resisted by the defendants, now the appellant i.e. brother and sister of the deceased. the claim was being resisted on the basis of will dated 17-4-1989 (ex. a-1) purported to have been executed by sudershan bhatia, with further submissions that the relations between the deceased and smt. poonam bhatia were .....
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