Court : Kolkata
Decided on : Aug-09-1967
Reported in : [1968]70ITR328(Cal)
..... as to whether it was the sale of stock-in-trade or merely a change of investments and hence the loss which accrued was a capital loss.in order to judge the nature of the dealings as to whether it was a trading deal or an investment deal, one has primarily to see the way in which the assessee has ..... the appellant assistant commissioner on the facts and material as found by him; but it is well-settled that in a reference under section 66 of the indian income-tax act, 1922, this court could not substitute its own opinion for that of the income-tax appellant authorities.apart from the reasons given by the appellant assistant commissioner. the tribunal ..... of the transaction. as we accept this contention of mr. deb, it is not necessary for us to consider his alternative submission that under the provisions of the indian companies act, 1913, the assessee had properly shown his stock of shares as 'investment of cost' in its balance-sheet.as regards the second ground of the tribunals decision, mr. deb .....
Tag this Judgment!Court : Chennai
Decided on : Dec-05-1967
Reported in : (1968)2MLJ596
..... a misconstruction of the state of affairs.6. upon a careful consideration of the voluminous correspondence and the conduct of the parties, the learned subordinate judge came to the conclusion that no doubt there was at least an understanding regarding the purchase of the pumping installation and that there was undoubtedly a ..... was that these installations were to be excluded altogether from the scope of the acquisition by the department, acquisition not in the sense of the acquisition act but in its ordinary sense. it was also established both by documentary and oral evidence that these pieces of machinery were repaired by the department. ..... proceeded from the department of agriculture, though certain relevant documents in the chain have not been produced. in pursuance of this notice, the special tahsildar, presumably acting under the directions of the collector, recorded a statement from the respondent. the respondent expressed himself as agreeable to the proposal. in this statement, it .....
Tag this Judgment!Court : Chennai
Decided on : Jun-29-1967
Reported in : (1968)1MLJ105
..... within three months to modify or set aside the same, but subject to the result of such application the order of the board shall be final. the learned judge in the abovesaid unreported decision considered sections 79 and 79-a(1) and section 79-a(3) and held that, that particular suit was barred in the civil ..... emolument' has been defined in the concise oxford dictionary as 'profit from office or employment, salary '. it is therefore clear that when section 63(e) of the act speaks of a person being entitled by custom or otherwise to an emolument in any religious institution, and he seeks for relief in respect of such an emolument under ..... temples attached to the devasthanam, on 13th june, 1941. respondents 3 to 8 filed a claim under section 63(e) of the madras hindu religious and charitable endowments act (xxii of 1959) before the deputy commissioner, hindu religious and charitable endowments stating that they were the persons who by hereditary right became entitled to the aforesaid poojariship .....
Tag this Judgment!Court : Chennai
Decided on : Jan-05-1967
Reported in : (1968)1MLJ312
..... my opinion, beyond this, no further liability was cast upon the state by reason of its undertaking the duties imposed upon it by the rent reduction act.the learned judge refers to the decision in rajah of bobbili v. state of madras (1952) 1 m.l.j. 174, where it has been observed that the government is, as it were, ..... a statutory agent of the landholder for collection, and proceedshe did not equate the position of the state under the rent reduction act to that of an agent under the ..... it is a religious institution and special provisions are made for religious institutions, the state being under an obligation to make good, the loss by enforcement of the rent reduction act. that question is not germane to the claim in the manner now put forward. to the extent the moneys have been collected they are accounted for duly as found in .....
Tag this Judgment!Court : Gujarat
Decided on : Feb-09-1967
Reported in : 1968CriLJ1356; (1968)GLR1031
..... accused were required to remain present. the bonds refer to, in the first instance, a court before which they were produced or some other magistrate before whom the inquiry in respect of the charge levelled against him is to take place. then it further refers to the court of sessions, if necessary, where he may be ..... vagueness and uncertainty, and that the committing magistrate's court had no jurisdiction to take any action on the strength of those bail bonds. the learned additional sessions judge, however found that the bonds had incorporated a condition about their remaining present in the sessions court which was not in the order, passed by the committing magistrate ..... of the constitutional changes the jurisdiction of the privy council came to be transferred to the federal court by virtue of the 'abolition of the privy council jurisdiction act.' the accused's appeal to the privy council thus got transferred to the federal court and in due course was heard by the supreme court. the supreme .....
Tag this Judgment!Court : Chennai
Decided on : Jan-24-1967
Reported in : (1968)2MLJ395
..... and this required a further payment of excise duty for which a demand was made under the residual provision in rule 10-a of the central excise act. the learned judge held that rule 10-a would cover such a case. in mewar textile mills v. union of india a.i.r. 1955 raj. 114, by ..... consumed as ordinary alcoholic beverages.________________________________________________________________________________8. learned counsel sri k. raja iyer, sri chengalvaroyan and sri narayanaswam mudaliar, appearing for the petitioners, referred to the provisions of the act and the rules and in particular, to section 3 (2) (a) and (b) extracted above, (which provide for manufacture in bond or manufacture outside bond), rule ..... reason of the retrospective operation of an act, additional duty was found payable in respect of goods which had been already cleared wit hout payment of duty in the .....
Tag this Judgment!Court : Chennai
Decided on : Jan-23-1967
Reported in : (1968)1MLJ422
..... as d.w. 1 that the complaint was dismissed because the complainant was not able to prove the same. for one thing the inference of the learned subordinate judge is not a necessary inference on the facts. no doubt the complainant had pleaded his inability to let in further evidence. it does not necesarily follow that the ..... liability to account, which was quantified and settled by a panchayat. the origin of the liability is not repugnant to good morals. the second defendant appears to have acted as a de facto guardian for the minors. as and when the second defendant assisted by the first defendant realised money from the estate, his obligation to account to ..... agreement made for the purpose of stifling the prosecution in the case, if made out; would certainly invalidate the promissory note. but, for section 23 of the contract act to apply, the dropping of the criminal prosecution must be at least a part of the consideration for the promissory note. it is pointed out by venkataramana rao, j .....
Tag this Judgment!Court : Chennai
Decided on : Apr-13-1967
Reported in : (1968)1MLJ132
..... sent to the gentral food laboratory, calcutta, showed that the oil in question satisfied the requirement thereby indicating that it was not adulterated. the learned sessions judge who heard the appeal has rightly pointed out that merely because in another case there is difference between the butyro-refractometer reading taken by the public analyst ..... under the butyro-refractive test is a positive indication of adulteration. having regard to the above facts, it could not be said that the central government acted beyond its rule making powers in stating that edible oils should satisfy particular standards as to refractive index under butyro-refractometer.4. the learned advocate for ..... and prima facie this will be a question of fact.2. sri g. gopalaswami, advocate for the petitioners, urged that the rule framed under the act providing that the gingelly oil not conforming to the specification as regards the butyro-refractometer reading is adulterated is ultra vires of the rule making power of .....
Tag this Judgment!Court : Chennai
Decided on : Apr-27-1967
Reported in : (1968)2MLJ164
..... the court had no further jurisdiction in the matter to extend the time and grant a further final decree.4. the learned subordinate judge examined the provisions of the code and the old court-fees act and having regard to the decisions placed before him granted a final decree for the amount claimed against the state, directing the ..... plaintiff to pay the necessary court-fee on the amount decreed before executing the decree. the learned subordinate judge took the view that in view of the ..... revived, when the plaintiff could secure the necessary court-fee. as stated earlier the order was not called for then. but i cannot say that the learned subordinate judge intended to pass a final order debarring the plaintiff thereafter from claiming the mesne profits, which had rightfully been found to be due to him. the summary manner .....
Tag this Judgment!Court : Chennai
Decided on : Apr-12-1967
Reported in : [1968]70ITR237(Mad)
..... finding to the tribunal pending the disposal of an appeal before the tribunal, as it will fall within the scope of the power granted under section 23 (5) of the act, for the disposal of the appeal before it.learned counsel for the petitioner referred us to a decision of a bench of this court in v. ramaswami iyengar v. commissioner ..... . in other words, if the learned counsels argument is to be accepted, the scope of the power of the appellate tribunal defined in section 23 (5) of the gift-tax act, 1958 which says that the appellate tribunal, after giving the parties to the appeal an opportunity of being heard, may pass 'such orders thereon as it thinks fit' should be ..... ramakrishan j. - this tax case petition was filed under section 26 (3) of the gift-tax act, 1958. the petitioner made a gift of a certain extent of land to his daughter and grandchildren. the question arose before the gift-tax authorities about estimating the value of .....
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