Court : Chennai
Decided on : Feb-02-1989
Reported in : AIR1990Mad46
..... of the other.'(subhas chandrav. ganga prosad, : [1967]1scr331 ).22. lastly, the learned counsel for the first defendant contended that undue influence, as contemplated under section 16 of the contract act, would not apply when the relationship is that of husband and wife and placed reliance on the following decisions:(1) howes v. bishop 1909 (2) kb ..... ? 19. point no. i : - the case of the learned counsel for the plaintiff is that the rule in section 111 of the evidence act was different from the one embodied in section 16(3) of the contract act, that it applied to a variety of relations, whenever it is shown that there was a possibility of exercise of dominion ..... him and is inclined to reposeimplicit confidence in him is enough to approximate to the kind of relationship which may attract the provisions of s. 111 of the evidence act with regard to the rule of burden of proof.'(daya shankarv. bachi, : air1982all376 ).20. learned counsel for the first defendant on his side first contended that .....
Tag this Judgment!Court : Chennai
Decided on : Jan-31-1989
Reported in : [1990]181ITR444(Mad)
..... . 16,620 incurred by the assessee in respect of a foreign tour in which she had accompanied her husband. thereupon, the assessment was reopened under section 147(a) of the act and the income-tax officer subjected to tax the amount of rs. 16,620 as perquisite. on appeal by the assessee, the appellate assistant commissioner ..... not concerned, while considering whether such payment would constitute a perquisite, with the obligation on the assessee to undertake the tour. the obligation contemplated under section 17(2)(iv) of the act is an obligation to make a payment or to discharge the liability in respect of the expenses incurred in connection with the tour. earlier, we ..... and that having been met by the company, the tribunal was quite right in treating the expenditure incurred by the company as a perquisite falling within section 17(2)(iv) of the act and subjecting it to tax as well. 4. before proceedings to consider there rival submissions, we may notice a few undisputed facts. the assessee .....
Tag this Judgment!Court : Chennai
Decided on : Jan-30-1989
Reported in : [1989]30ITD296(Mad)
..... laid down by the supreme court in r. b. jodha mal kuthialas case (supra) while interpreting the meaning of the expression 'owner' occurring in section 22 of the income-tax act, 1961, which is in pari materia with sec. 22 of the income-tax act, 1922, for the purpose of determining the question whether the assessee is entitled to claim depreciation under ..... section 32(1) of the income-tax act. thus, their lordships held that the assessee is entitled to depreciation on the building purchased and used by it for the purpose of its business even though ..... 15) stabilizer used for regulated power supply to medical equipments.(16) electric fans (exhaust fans) used for removing fumes arising from the test material during the tests.(17) aloka sec. scanner used to scan and see various body parts like liver, heart, spleen on a t. v. monitor.(18) densitameter used to see and measure the density of .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1989
Reported in : [1989]177ITR501(Mad)
..... nature of the income, we are unable to agree with this line of reasoning. when under clause (b) of rule 6 read with section 17(1)(vi) of the act and section 15 of the act, the payment of excess interest is deemed to be included in the "salary" income and also assessable as such, it cannot be ..... excess interest credited which is declared to be liable to tax under rule 6 is included in the expression "salary" for purposes of sections 15, 16 and 17 of the act. section 15 of the act provides for certain deductions while computing the income chargeable under the head "salary". the interest income in excess of the permissible limit referred ..... footing that the aforesaid amounts had been added back, in the appeals preferred by the assessee reiterating that the excess interest disallowed should be deducted under section 80l of the act, which provided for deduction of interest from certain specified investment, the appellate assistant commissioner took the view that the source for the said amounts is .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1989
Reported in : (1989)75CTR(Mad)164; [1989]177ITR526(Mad)
..... of returns, completion of assessment as well as it reopening. section 153(1) of the act refers to assessments under section 143 or 144 of the act, while section 153(2) of the act deals with assessments, reassessments or recomputation made under section 147 of the act. thus, in section 153 of the act, two distinct and different situations are provided for with reference ..... obtained later the income-tax officer may have reason to believe that income had escaped assessment in the original assessment. to check revenue loss, under section 147 of the act, provision is made to enable the income-tax officer to reopen the proceedings and make a revised assessment. in such a case, an obligation is ..... while considering the return filed by the assessee, the income-tax officer proposed to make an addition of rs. 4,44,635 and in accordance with section 144b of the act, which came into force with effect from january 1, 1976, he prepared a draft of the proposed order of assessment and forwardef it to the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1989
Reported in : (1989)76CTR(Mad)132; [1989]179ITR30(Mad)
..... assessment year 1960-61, the income-tax officer completed the assessment on november 23, 1964, and on the same day, a notice was issued under section 271 read with section 274 of the act calling upon the firm to show cause why penalty should not be levied owing to its failure to file its return in time. after considering the ..... it was at that stage, that the assessee and his son came forward with petitions which had served as the foundation for the issue of notices under section 148 of the act and the reassessments on the basis of the returns submitted pursuant to such notices. it was, therefore, emphasised that at the time when the original assessments ..... 1960, there was a reopening of the assessment and the reassessment was completed only on february 29, 1972. the word "assessment" has been defined in section 2(8) of the act as including reassessment and the definition provision would apply, if there is nothing repugnant in the subject or the context and there is nothing to indicate that .....
Tag this Judgment!Court : Chennai
Decided on : Jan-23-1989
Reported in : [1989]178ITR234(Mad)
..... does not mean 'identical property' but means 'similar property' or 'representative item'. let us consider the issue. the term 'property' is defined in section 2(15) of the act as including in respect of any interest in property, movable or immovable, the proceeds of sale thereof and any money or investments for the time being representing ..... and also includes any property converted from one species into another by any method. in view of the provisions contained in the above said two sections of the estate duty act, the accountable person claimed quick succession relief in respect of the sale proceeds of the properties which are sold and converted. the second respondent ..... and the sale proceeds thereof, we consider that the respondents are not correct in restricting the relief as claimed by the accountable person under section 31 of the estate duty act, 1953. in such circumstances, we direct the respondents to grant the relief of quick succession in entirely towards the sale proceeds of the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-19-1989
Reported in : (1989)76CTR(Mad)97; [1989]176ITR321(Mad)
..... occasion to consider the question whether a provision made for gratuity would qualify as an item of expenditure prior to and after the introduction of section 40a(7) of the act. at page 598, the supreme court pointed out that the payment of gratuity made on retirement or termination of service was not for the ..... surviving partner and while settling the accounts of the firm, an amount was taken into account as retrenchment compensation payable to the employees under section 25ff of the industrial disputes act, which would arise on a transfer of ownership. the question arose whether the sum constituted an allowable expenditure in computing the income of the ..... principles as to computation of profits. further, it was also pointed out that the liability of the assessee in respect of retrenchment compensation under section 25f of the industrial disputes act was not a liability in praesenti, but was only a contingent liability, which cannot be taken into account as an accrued liability, even though .....
Tag this Judgment!Court : Chennai
Decided on : Jan-19-1989
Reported in : (1989)1MLJ219
..... to the delay in the disposal of service matters, such a grievance can be agitated before the state administrative tribunal. this conclusion of mine is section 28 of the act, under which the jurisdiction, power and authority of high court and other subordinate courts in regard to service matters of tamil nadu government servants ..... is well settled that the tribunal is a substitute for the high court. therefore, any grievance relating to recruitment can be decided by the tribunal, section 15 of the act makes this provision clear. this point has been considered by the principal bench of the central administrative tribunal reported in g.p. mathur, ashkaram aggl ..... tribunal, as the subject matter of the writ petition comes under its jurisdiction. since the learned counsel represented the papers stating that under section 15 of the central administrative tribunals act, 1985, the state tribunal will have jurisdiction only in respect of service matters and since the prayer in this writ petition is to .....
Tag this Judgment!Court : Chennai
Decided on : Jan-09-1989
Reported in : [1989]176ITR133(Mad)
..... the conditions specified in clauses (i) and (ii) of the proviso to section 10(23) of the act. there is, therefore, no need whatever in this reference to consider the question whether the assessee could not have complied with the conditions specified in ..... for consideration having regard to the scope of the reference. moreover, the tribunal, after holding that the assessee is entitled to the exemption under section 10(23) of the act, had directed the income-tax officer to give the benefit of exemption to the assessee, after verifying the factual position regarding the fulfilment of ..... the orders of the income-tax officer and the appellate assistant commissioner and directed the income-tax officer to allow exemption to the assessee under section 10(23) of the act in respect of its income for the two assessment years, after verifying the factual position regarding the fulfilment by the assessee of the conditions .....
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