Court : Madhya Pradesh
Decided on : Sep-12-1985
Reported in : [1985]156ITR567(MP)
J.S. Verma, J. 1. This reference under Section 256(1) of Income-tax Act, 1961, at the instance of the Revenue, is for the decision of the following question of law, namely : 'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in confirming the order of the CIT (Appeals) directing the ITO to pass two separate orders for the two periods, i.e., before and after the death of the partner?' 2. The assessee is a partnership firm. It was constituted by a deed of partnership dated January 1, 1970. It consisted of four partners, one of whom, Shri K.L. Arora, died on January 28, 1973, and a fresh deed was executed on January 29, 1973, and two new persons were inducted as partners. The accounts of the deceased partner were closed and the profit and loss account and balance-sheet till the date of death of the partner were prepared separately. The assessee filed two returns of income for the two periods, prior and subsequent to the date of death o...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-20-1985
Reported in : 1987(11)ECC113; 1987(11)LC19(MP); 1987(30)ELT62(MP)
J.S. Verma, Ag. C.J.1. This order shall also dispose of Misc. Petition No. 311 of 1982, both of which relate to the same petitioner and involve substantially the same point for decision.2. The petitioner-company has a factory at Kumhari in district Durg in the State of Madhya Pradesh and another at Ambarnath in the State of Maharashtra, where it manufactures sulphuric acid as well as oleum. We are concerned in these petitions only with the manufacture of these chemicals at the factory at Kumhari and the payment of excise duty thereon. During the relevant period, the sulphuric acid manufactured by the petitioner-company at Kumhari was used mainly for captive consumption to manufacture fertilizers and other goods and a small part alone was sold as sulphuric acid itself while the entire quantity of oleum manufactured at Kumhari was used for captive consumption to manufacture other goods. The price lists submitted by the petitioner company showing the assessable value of sulphuric acid and...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-25-1985
Reported in : 1987(11)ECC118; 1987(10)LC688(MP); 1987(30)ELT81(MP)
J.S. Verma, Ag. C.J.1. This order shall also dispose of Misc. Petition No. 2449 of 1983. Both these petitions are between the same parties and involve the same point for decision.2. The petitioner-company is (a) manufacturer of portland cement. A dispute arose between the parties whether for the period from 1st October, 1975 to 8th January, 1976, the cost of packing in gunny bags could be included in the value for charging excise duty on cement under Section 4(4XdXi) of the Central Excises and Salt Act, 1944. The petitioner's contention that the cost of packing ought not to be included in the value for purpose of charging excise duty on cement being rejected by the respondents, Misc. Petition No. 704 of 1976 was filed in this Court by the petitioner to assail that decision. The petitioner had also paid duty on the cost of packing under protest for the period from 30th October, 1975 to 8th January, 1976, even though no such duty had been paid for the period from 1st October, 1975 to 29t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-19-1985
Reported in : AIR1986MP165; 1986MPLJ261
J.S. Verma, Ag. C. J. 1. The only question for decision by us is whether an appeal under Clause 10 of the Letters Patent is tenable against an interlocutory order passed in an election petition by a single Judge which amounts to a 'judgment' within the meaning of that expression used in Clause 10. This question has to be answered on the assumption that the . right of appeal under Clause 10 of the Letters Patent subsists notwithstanding the enactment of M.P. Uchcha Nyayalaya (Letters Patent Appeals Samapti) Adhiniyam (29 of 1981) abolishing the right of such appeals since this enactment has been held to be constitutionally invalid by a Full Bench of this Court in Balkrishna Dass v. Perfect Pottery Co. Ltd. AIR 1985 Madh Pra 42. In case it is held that such an appeal is tenable, the appeal has to be heard and decided on merits by a Division Bench which will also decide whether the impugned interlocutory order passed in the election petition amounts to a 'judgment' within the meaning of t...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Nov-02-1985
Reported in : (1986)53CTR(MP)452; [1986]161ITR121(MP)
P.D. Mulye, J.1. The Income-tax Appellate Tribunal, Indore Bench, Indore, at the instance of the assessee has made this reference under Section 256(1) of the Income-tax Act, 1961, for the opinion of the court on the following question of law :'Whether, on the facts and in the circumstances of the case, interest of Rs. 4,234 paid to the Hindu undivided family, Hashmatrai Balchand, creditor of the firm, was allowable under Section 36(1)(iii) of the Income-tax Act, 1961?'2. Facts giving rise to this reference as per the statement of the case received may be stated in brief thus: The assessee is a registered firm. The previous year relevant to the assessment year 1976-77 ended on March 31, 1976. The return under Section 139(1) of the Act was filed on July 26, 1976, declaring an income of Rs. 73,410.3. The Income-tax Officer in the assessment order pointed out that Shri Hashmatrai (individual), who is a partner in the firm, made a transfer of Rs. 51,000 on April 1, 1970, to his own Hindu un...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-29-1985
Reported in : (1986)50CTR(MP)172; [1985]156ITR551(MP)
J.S. Verma, J. 1. This reference at the instance of the Revenue is made by the Tribunal under Section 256(1) of the Income-tax Act, 1961, for decision by this court of the following question of law, namely:'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in law in confirming the order of the Appellate Assistant Commissioner directing the Income-tax Officer to pass two separate assessment orders for the two periods ?'2. The material facts are these. The assessee is a firm, which was originally constituted on January 1, 1968, with four partners and the same was granted registration. On June 30, 1975, one of the partners, Jasumal, expired. A new firm was constituted on July 7, 1975, with effect from July 3, 1975, in which the new partners (sic) of income for the assessment year 1976-77, one for the period from January 1, 1975, to June 30, 1975, and another for the period from July 3, 1975, to December 31, 1975.3. The Income-tax Officer held...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-31-1985
Reported in : [1985]156ITR565(MP)
J.S. Verma, J.1. This reference under Section 256(1) of the Income-tax Act, 1961, is at the instance of the assessee, to answer the following questions of law, namely :'1. Whether on the material on record there is justification in law to hold that by the death of one of the partners, there was only a change in the constitution of the firm ?2. Whether, on the facts and in the circumstances of the case, onlyone assessment should be made for the entire accounting period or two assessments should have been made--one till the date of death of one of thepartners and the other subsequent thereto ?'2.The assessee is a registered firm, carrying on business in grains. The firm had four partners, out of whom one, namely, Rewaprasad, died on March 17, 1973. For the assessment year 1974-75, accounting year ending on Diwali in the year 1973, the assessee filed two returns--one for the period November 5, 1972, to March 16, 1973, and the other for the period March 17, 1973, to Diwali 1973, the date o...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-02-1985
Reported in : (1986)51CTR(MP)236; [1986]160ITR860(MP)
J.S. Verma, J.1. This reference under Section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue is to decide the following questions of law, namely :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the list (sic) to levy penalty under Section 271(1)(c) read with Section 274(2) of the Income-tax Act, 1961, arose on the date (i. e., March 31, 1976), of the Income-tax Officer's order recording satisfaction about the concealment of income before the change of law on April 1, 1976 ? 2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the Inspecting Assistant Commissioner acted without jurisdiction in passing the penalty order under Section 271(1)(c) read with Section 274(2) of the Income-tax Act, 1961, and that the said order is bad in law ' 2. This reference relates to the assessment year 1975-76. The assessee derives income from purchase of old silver orna...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-30-1985
Reported in : 1986(8)ECC106; 1989(20)LC204(MP); 1985(22)ELT732(MP); 1986MPLJ561
C.P. Sen, J.1. In this petition under Article 226 of the Constitution the petitioner is challenging levy of duty on pigment slurry and nitrocellulose lacquer under Central Excises and Salt Act, 1944, and also challenging Section 51 of the Finance Act, 1982 and Notification dated 20-2-1982 giving retrospective effect to Rules 9 and 49 of the Central Excise Rules, 1944, from the date of framing of the rules.2. The petitioner is a Company incorporated under the provisions of the Indian Companies Act, 1956. The petitioner has a factory at Dewas wherein it is manufacturing finished leather, garments and shoe uppers. These products are exempted from excise duty. For the completion of manufacturing of finished leather, the petitioner apply pigment slurry and nitrocellulose lacquer to the leather in the course of manufacture of finished leather. At the said factory, the petitioner has a Research and Development Cell in a separate building about 100 metres from the factory and within the same c...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-25-1985
Reported in : [1987]62CompCas717(MP); 1985MPLJ160
B.M. Lal, J. 1. The decision in this company appeal shall also dispose of Company Appeal No. 2 of 1984 (Kilpest Private Ltd, v. Shekhar Mehra). 2. This is an appeal preferred under Section 483 of the Companies Act, 1956, by the company, the managing director and the director of the company against an order dated August 6, 1984, passed by the learned company judge whereby the learned company judge by his order dated August 6, 1984, passed the order for converting the original petition made under Sections 397, 398, 402, 403 and 450 of the Companies Act/1956, into one under Section 433(f) read with rules 6 and 9 of the Companies (Court) Rules, 1959, holding that the petition shall now be tried as a petition for winding up of the company under the 'just and equitable' clause contained in Section 433(f) of the Companies Act, 1956. 3. The short facts leading to this appeal are as under : The respondent, Shri Shekhar Mehra, initially filed a petition under Sections 397, 398, 402, 403 and 450 ...
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