Court : Income Tax Appellate Tribunal ITAT Delhi
1. these two appeals by the revenue involve consideration of the common point, hence these appeals are being disposed of by this common order.2.1 the assessee has sold one shop covering an area of about 100 sq.yd. situation in the double storey building owned by the assessee at sarai khairnagar, meerut. the assessee declared sale price of this shop at rs. 1 lakh. the assessing officer in the income-tax asstt. order passed under section 144 for assessment year 1987-88 observed that income-tax clearance certificate in the prescribed form no. 34a shows that the sale consideration was shown at rs. 2,50,000. the assessing officer, therefore, computed the amount of long term capital gain liable to tax by taking the sale consideration at rs. 2,50,000.2.2 the cit(a) vide order dated 14th august, 1991 directed the assessing officer to take the sale consideration for the portion sold by the assessee in the year under consideration to smt. madhu gupta and smt. lata gupta at rs. 1 lakh only and not rs. 2,50,000 taken by the assessing officer.2.3 thereafter the gto vide assessment order under section 15(3)/16 dated 17th march, 1993 held that the transaction in question involve a deemed gift of rs. 1,50,000. while arriving at this conclusion, the gto, inter alia, observed that the assessee had mentioned the sale consideration in respect of the said shop at rs. 2,50,000 in the application submitted for grant of income-tax clearance certificate in prescribed form no. 34a. he also observed .....
Tag this Judgment!Court : US Supreme Court
united states v. e. c. knight co. - 156 u.s. 1 (1895) u.s. supreme court united states v. e. c. knight co., 156 u.s. 1 (1895) united states v. e. c. knight company no. 675 argued october 24, 1894 decided january 21, 1895 156 u.s. 1 appeal from the circuit court of appeals for the third circuit syllabus the monopoly and restraint denounced by the act of july 2, 1890, c. 647, 26 stat. 209, "to protect trade and commerce against unlawful restraints and monopolies," are a monopoly in interstate and international trade or commerce, and not a monopoly in the manufacture of a necessary of life. the american sugar refining company, a corporation existing under the laws of the new jersey, being in control of a large majority of the manufactories of refined sugar in the united states, acquired, through the purchase of stock in four philadelphia refineries, such disposition over those manufactories throughout the united states as gave it a practical monopoly of the business. held that the result of the transaction was the creation of a monopoly in the manufacture of a necessary of life, which could not be suppressed under the provisions of the act of july 2, 1890, c. 647, 26 stat. 209, "to protect trade and commerce against unlawful restraints and monopolies," in the mode attempted in this suit, and that the acquisition of philadelphia refineries by a new jersey corporation, and the business of sugar refining in pennsylvania, bear no direct relation to commerce between the states or .....
Tag this Judgment!Court : US Supreme Court
greenough v. tax assessors - 331 u.s. 486 (1947) u.s. supreme court greenough v. tax assessors, 331 u.s. 486 (1947) greenough v. tax assessors of newport no. 461 argued march 7, 1947 decided june 9, 1947 331 u.s. 486 appeal from the superior court of newport county, rhode island syllabus 1. a rhode island municipality assessed a tax against a resident of rhode island for half the value of intangibles held jointly by him and a resident of new york as trustees under the will of a resident of new york. the evidences of the intangible property were at all times in new york, and the life beneficiary of the trust resided there, the future beneficiaries being undetermined. the rhode island resident did not actually exercise his powers as trustee in rhode island. held: the tax did not violate the due process clause of the fourteenth amendment. pp. 331 u. s. 491 -498. 2. so long as a state chooses to tax the value of intangibles as a part of a taxpayer's wealth, the location of evidences of ownership is immaterial. p. 331 u. s. 492 . 3. since intangibles have no real situs, the domicile of the owner is the nearest approximation, although other taxing jurisdictions may also have power to tax the same intangibles. p. 331 u. s. 493 . page 331 u. s. 487 4. since normally intangibles are subject to the immediate control of the owner, this close relationship between intangibles and the owner furnishes an adequate basis for the tax on the owner by the state of his residence as against any .....
Tag this Judgment!Court : US Supreme Court
whitcomb v. chavis - 403 u.s. 124 (1971) u.s. supreme court whitcomb v. chavis, 403 u.s. 124 (1971) whitcomb v. chavis no. 92 argued december 8, 1970 decided june 7, 1971 403 u.s. 124 appeal from the united states district court for the southern district of indiana syllabus this suit was brought by residents of marion and lake counties, indiana, challenging state statutes establishing marion county as a multi-member district for the election of state senators and representatives. it was alleged, first, that the laws invidiously diluted the votes of negroes and poor persons living in the "ghetto area" of marion county, and, second, that voters in multi-member districts were overrepresented, since the true test of voting power is the ability to cast a tie-breaking vote, and the voters in multi-member districts had a greater theoretical opportunity to cast such votes than voters in single member districts. the tendency of multi-member district legislators to vote as a bloc was alleged to compound this discrimination. the three-judge court, though not ruling squarely on the second claim, determined that a racial minority group with specific legislative interests inhabited a ghetto area in indianapolis, in marion county; that the statutes operated to minimize and cancel out the voting strength of this minority group; and that redistricting marion county alone would leave impermissible variations between marion districts and others in the state, thus requiring state-wide .....
Tag this Judgment!Court : Patna
p.n. yadav, j.1. this appeal is directed against the judgment and order dated 5-9-2000 passed by sri madhusudan singh, additional sessions judge, kishanganj in sessions trial no. 17 of 1999 whereby and whereunder he found and held the appellant guilty and convicted him under sections 366 and 376 of the indian penal code (hereinafter referred to as the code) and sentence him to undergo rigorous imprisonment for five years under the first count and to undergo rigorous imprisonment for seven years under the second count.2. it would be relevant and convenient to reproduce in brief the facts of the case. the victim jhunna das, a minor girl (p.w. 8) lived with her parents at purani khagra, kishanganj. she was a student of class x at kanya madhya vidyalaya, dumaria, kishanganj. at about 6 a.m. on 4-6-1998 she left her house for the school. she did not return her home till late evening. the members of her family then got anxious and they started making search for her. despite hectic search the victim girl jhunna das could not be traced out. one abdul noman used to teach her as tutor. on account of his indecent activities and icereputation the parents of the victim girl asked abdul noman to stop teaching her on tuition basis. as he was removed and disengaged he got infuriated and enraged. he threatened that he would take away the victim jhunna das. hence, the inmates of the house including informant malka das, elder sister of the victim suspected that abdul noman enticed away her.3. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2000Bom121; 2000(1)ALLMR659; 2000(1)BomCR395; (2000)1BOMLR13
orderper s.h. kapadia, j.1. by this public interest writ petition, the petitioners pray that the constructions and the development activities carried out or proposed to be carried out on plot nos. 146, 147 and 148 of backbay reclamation area is illegal as the same contravenes the environment (protection) act, 1986 and the notification dated 19th february 1991 issued thereunder (hereinafter referred to, for the sake of brevity, as the 'crz notification'). before coming to the facts and the points for determination, a short prelude is required to be stated. greater bombay comprises of the city of bombay and the suburbs. the island city came into being due to joining of seven (7) islands through a massive programme of reclamation carried out during the last two centuries. the island city is a narrow north-south strip of land with two bays viz. backbay in the south and mahim in the north, both along the western coast. almost the whole of the eastern coast is in use as port. the whole of the island city is historically intensively developed. however, today it is bursting at the seams. this can be seen from the figures of the census 1991. at present the urban dynamics show that there is no likelihood of any appreciable reduction in the intensity of development in the areas in near future. the coastline has also been intensely developed. the coastline constitutes basic premise indicatingthe pattern of development. the coastline is truncated at several places. it is for this reason .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1992Bom498; (1992)94BOMLR397; 1992(2)MhLj1628
orderg. d. patil, j. 1. the petitioner federation, the co-operative society registered under the provisions of the maharashtra cooperative societies act, 1960 is having its head office at bombay and various zonal and sub zone offices at different places in maharashtra. the petitioner society has been appointed as the chief agent for the government of maharashtra under the provisions of s. 42 of the maharashtra raw cotton (procurement, processing and marketing) act, 1971 and under the said agency business the petitioner federation purchases raw cotton and also gets the same processed by way of ginning and pressing, and, further sells the cotton bales, cotton seeds etc as envisaged under the said act. 2. the respondents are the municipal councils duly constituted under the maharashtra municipalities act, 1965 (hereinafter referred to as the 'municipalities act( respectively for the townships of dhamangaon and daryapur. 3. the petitioner for the purpose of its agency business under the raw cotton act, engages various sub agents as processing agents of the petitioner for ginning and pressing of raw cotton or pressing of lint. the petitioner federation has various collection centres at which raw cotton is purchased from agriculturists. the said processing centres are either facility centres or non-facility centres, a facility centre being one wherein the facility of ginning and/ or pressing is available in the centre itself and a non-facility centre is one wherein the facility of .....
Tag this Judgment!Court : Mumbai
Reported in : (1941)43BOMLR20
wright, j.1. this is an appeal in forma pauperis by special leaves from a judgment and order of the court of the judicial commissioner, north-west frontier province, dated july 10, 1939. the learned judicial commissioner dismissed the appellant's appeal from his conviction of an offence punishable under section 302/120-b, indian penal code, i.e., conspiracy to murder in consequence of which conspiracy murder was committed, and confirmed the sentence of death passed on him by the additional sessions judge, peshawar division, on may 8, 1939.2. the appeal raises two main points, which are the only points calling in their lordships' judgment for consideration here. they are independent of each other. the first is a question as to the jurisdiction of the court by which the sentence was confirmed. it was contended on behalf of the appellant that the court was not legally constituted, because the appeal to the court was dismissed and the sentence confirmed by a single judge of the court of the judicial commissioner sitting alone. the second was whether if the objection as to jurisdiction failed, the decision of the court was vitiated by misreception of evidence. as their lordships announced at the conclusion of the arguments before them, they were of opinion that both points failed the appellant and that the appeal should be dismissed. they will now state their reason for coming to that conclusion.3. the appellant was charged with conspiracy to murder, in consequence of which .....
Tag this Judgment!Court : Mumbai
Reported in : AIR2009Bom185; 2009(6)BomCR385
p.r. borkar, j.1. both these appeals arise out of same judgment and decree. some of the facts giving rise to these appeals which remain undisputed at this stage are as under:.the maharashtra state electricity board, which is appellant in first appeal no. 370 of 1993 and respondent no. 1 in first appeal no. 442 of 1993 is original plaintiff. it has placed order with m/s. kirloskar electric company limited, bangalore for supply of 25 mva 132/11 kv transformer. the transformer was to be unloaded at nandgaon railway station and was then to be carried to aurangabad substation for installation. p.b. salunke, respondent no. 1 in first appeal no. 370 of 1993 and respondent no. 2 in first appeal no. 442 of 1993, who was original defendant no. 1 had undertaken contract of transporting the transformer from nandgaon railway station to substation at aurangabad. the maharashtra state electricity board (hereinafter referred to as 'plaintiffboard') insured the operation of unloading transformer and transporting it to the concerned substation with the government insurance fund, which is the appellant in first appeal no. 442 of 1993 and respondent no. 2 in first appeal no. 370 of 1993 and original defendant no. 2. there was no privity of contract between original defendant no. 1 salunke and original defendant no. 2 government insurance fund (hereinafter referred to as 'defendant no. 2insurance fund').2. it can be gathered from oral evidence so also documentary evidence including statement of .....
Tag this Judgment!Court : Mumbai
Reported in : 1996(4)BomCR39
t.k. chandrashekhara das, j.1. the petitioners challenge the judgment and order dated 21-6-1990 passed by the administrative tribunal, goa, daman and diu, panaji in eviction appeal no. 47/81 and the order passed in misc. application dated 17-11-1982 filed by respondent no. 3 under section 32 of the goa, daman and diu buildings (lease, rent and eviction), control act, 1968 (hereinafter referred to as the act) and also the order passed by the rent controller dated 27-4-1981.2. the respondent no. 3 are the owners of the building known as keni hotel who let out the building in question to m/s. s.g. enterprises, a partnership firm of which shamsunder kaka talkar and ganpat shivaji naik (respondent no. 4) were the partners. the suit building is shop no. 5 in keni hotel. the rate of rent payable by the tenant as per the contract was rs. 235/- per month. in 1978 the third respondent filed a suit for eviction before the rent controller, goa, north division, panaji against m/s. shamsunder kaka talkar and ganpat s. naik and m/s. s.g. enterprises. the suit for eviction was filed on two grounds namely, the arrears of rent and also ceasing to occupy the suit premises continuously for more than four months without reasonable cause. the said application was opposed by the tenants by filing a written statement dated 16-11-1978. during the pendency of the said suit the respondent no. 3 filed applications before the rent controller invoking section 32(4) of the act, as the tenants kept arrears .....
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