Court : Madhya Pradesh
Decided on : Nov-22-1982
Reported in : [1988]69STC339(MP)
Faizanuddin, J.1. By this petition under Article 226 of the Constitution, the petitioners seek quashing of the order dated 30th March, 1981 (annexure P-3) passed by the Sales Tax Officer, Raipur, and order dated 29th December, 1981 (annexure P-4) passed in revision by the Deputy Commissioner of Sales Tax, Raipur.2. The petitioner No. 1 (hereinafter called as 'the firm') is a registered partnership firm which is also a dealer within the meaning of Section 2(m) of the M. P. General Sales Tax Act, 1958. The firm carries on hotel business and deals in cooked food specified in entry No. 1 of Schedule III to the Act.3. The petitioners contend that their yearly turnover did not exceed to Rs. 1,00,000 till 1st October, 1978 and after 1st October, 1978 it did not exceed to Rs. 1,50,000 and, therefore, till the assessment year 1978-79 they were granted licence under Section 13 of the Act. The firm made a similar application for grant of licence for the assessment year 1979-80 which was misplaced...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Feb-09-1982
Reported in : [1983]144ITR489(MP)
Sohani, J. 1. By this reference under Section 27(1) of the W.T. Act, 1957 (hereinafter referred to as ' the Act'), the Income-tax Appellate Tribunal, Indore Bench, has referred the following questions of law to this court for its opinion : ' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that even in cases where the Department issues notice Under Section 14(2) of the Wealth-tax Act, the default Under Section 14(1) still continued and penalty could be levied in respect of the same (2) Whether, when the Tribunal was prima facie of the opinion that this was a fit case to be sent back to the WTO for giving another opportunity to the assessee, it was justified in cancelling the penalty instead of asking for a remand report or sending back the case to the WTO ' 2. The material facts giving rise to this reference briefly are as follows: The assessee is an individual and the assessment years in question are 1969-70 and 1970-71. The...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-04-1982
Reported in : AIR1983MP24; [1984]56CompCas146(MP)
K.N. Shukla, J.1. Both these appeals by the rival parties arise out of the award made by the Motor Accidents Claims Tribunal, Ratlam is Claim Case No. 4 of 1974 dated 13-2-1978. These appeals came up for hearing before a Division Bench of this Court where a question arose whether the Claims Tribunal was right in directing that payments received by the claimants on account of the Life Insurance Policy of the deceased. Provident fund, family pension, gratuity and ex gratia payment were deductible from the total amount of compensation assessed on account of the death of the deceased. The Division Bench noted the difference of opinion expressed by different High Courts on this question and referred the appeals for decision by a larger Bench. The appeals have, therefore, been placed before the Full Bench for decision.2. The accident in which Iqbal Bahadur Mathur lost his life occurred on 12-7-1973 at about 10.00 p.m. on the main street, of Ratlam city. On the night of the accident, the moto...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Mar-17-1982
Reported in : [1984]145ITR84(MP)
Shukla, J. 1. This is a petition under Articles 226 and 227 of the Constitution of India. 2. Petitioner is a limited company duly registered and incorported under the Companies Act. It carries on the business of manufacture and sale of graphite electrodes, graphite anodes and other allied products and has its factory at Mandideep, Bhopal, Madhya Pradesh. Petitioner is assessed to income-tax at Indore in the status of a company. 3. Petitioner-company entered into an agreement (annex. A)' with a French company, M/s. LA SOCIETE DES ELECTRODES ET REFRACTORIES SAVOIE (hereinafter referred to as 'M/s. SERS'), on November 26, 1973, for availing of the improved technique and know-how of the said French company. This agreement was duly approved by the Govt. of India. Petitioner-company had been using furnaces for preparation of electrodes etc., but the foreign collaborators, M/s. SERS, had developed a new design of furnaces for baking and graphitisation. The adoption of this new design of furna...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jun-30-1982
Reported in : (1983)37CTR(MP)226; [1983]144ITR180(MP)
Shukla, J.1. This is a petition under Article 226/227 of the Constitution of India challenging the jurisdiction of the WTO in issuing notices (annexs. H, H-1 and H-2 of the petition) under Section 17 of the W.T. Act for reopening assessments in respect of the assessee's net wealth for the assessment years 1972-73, 1973-74 and 1974-75.2. Petitioner is a wealth-tax assessee. Among other assets she held agricultural land admeasuring 205 bighas. For the assessment year 1970-71 she had declared the value of the lands at Rs. 36,000. This value had been returned on the basis of the valuation report of an approved valuer. The WTO accepted this value for the assessment year 1970-71 and 1971-72.3. In the previous year relevant to the assessment year 1972-73 (valuation dated March 31, 1972) assessee sold 100 bighas of land for a sum of Rs. 20,000 and for the remaining land the value was shown at Rs. 16,000 in the wealth-tax return. This value was accepted by the WTO. In the previous year relevant...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-23-1982
Reported in : AIR1983MP93
J.S. Verma, J.1. The petitioner No.1, Jiyajeerao Cotton Mills Ltd. is an existing company within the meaning of the Companies Act. 1956, and having its registered office at Birlanagar, Gwalior, in the State of Madhya Pradesh. Petitioner No. 2, Jai Narain Somani, is a shareholder of this company, The petitioner No. 1 (hereinafter called 'the Company') has a composite textile mill at Birlangar, Gwalior, wherein it manufactures yarn and textiles. For running its mill, the company requires electricity and had entered into a contract with respondent No. 1, M. P. Electricity Board (hereinafter called 'the Board') for supply of electricity to it in accordance with the specified terms and conditions. Under the agreement dated 27-10-1971, between the company and the Board, 1500 K.W. power as an H.T. consumer, wag to be supplied by the Board to the Company and the agreement was to commence from the date reckoned according to the stipulation therein. Supply of 1590 K.W. power under this agreement...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Aug-17-1982
Reported in : (1983)36CTR(MP)112; [1984]146ITR506(MP)
Sohani, J.1. By this reference under 's. 256(1) of the I.T. Act, 1961 (hereinafter referred to as 'the Act'), the Income-tax Appellate Tribunal Indore Bench, has referred the following question of law to this court for its opinion: 'When there is no specific provision under the Income-tax Act, 1961, enabling the Income-tax Officer to condone the delay in making an application under Section 146, whether the Tribunal was right in law in applying the provisions of Section 5 of the Limitation Act ?'2. Material facts giving rise to this reference briefly are as follows:The assessee is a private limited company and the assessment year in question is 1975-76. The notice of demand under Section 156 of the Act was served upon the assessee on March 28, 1978. The assessee filed an application on May 2, 1978, under Section 146 of the Act for reopening the assessment, but as the application was not filed within one month from the date of service of the notice of demand, a prayer was made for condon...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-11-1982
Reported in : (1983)34CTR(MP)306; [1984]147ITR197(MP)
Oza, J. 1. This is a reference made by the Tribunal at the instance of the assessee for answering the following questions:'1. Whether, on the facts and in the circumstances of the case, the Explanation to Section 271(1)(c) of the Income-tax Act, 1961, is attracted ? 2. Whether, on the facts and in the circumstances of the case the Inspecting Assistant Commissioner has jurisdiction to levy the penalty ?' 2. The facts stated by the Tribunal in this reference are that the assessee is a partnership firm which carried on cloth business at Betul. For the assessment year 1970-71, corresponding to the previous year ending Diwali 1969, the assessee filed a return of income on August 31, 1970, declaring the total income at Rs. 24/154. Subsequently, however, a revised return was filed on February 11, 1972, showing an income of Rs. 29,718. The ITO, however, assessed the firm on a total income of Rs. 54,950. In computing this income, the ITO made an addition of Rs. 28,800 as income of the assessee ...
Tag this Judgment!Court : Madhya Pradesh
Decided on : Sep-01-1982
Reported in : [1983]52STC201(MP)
G.P. Singh, C.J.1. This order shall also dispose of Misc. Petition No. 196 of 1981. The question that arises for decision in both these petitions is as to the construction of Section 33-C introduced in the Madhya Pradesh General Sales Tax Act, 1958, from 15th March, 1976, by Amendment Act No. 20 of 1976, whether the charge for arrears of sales tax over the properties of the dealer brought into effect by this section would affect a mortgage or pledge created by the dealer before 15th March, 1976.2. Section 33-C reads as follows :33-C. Tax to be first charge.--Notwithstanding anything to the contrary contained in any law for the time being in force, any amount of tax and/or penalty, if any, payable by a dealer or other person under this Act shall be a first charge on the property of the dealer or such person.3. The petitioner in both these petitions is the State Bank of Indore which is a statutory corporation constituted and incorporated under the State Bank of India (Subsidiary Banks) A...
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