Court : Supreme Court of India
Reported in : (1970)2SCC428
A.N. GROVER, J.1. The respondent company which is an assessee was required by the Income Tax Officer by notices issued under Section 18-A(1) of the Indian Income Tax Act, 1922, hereinafter called the “Old Act” to make an advance payment of tax amounting to Rs 3,17,077 for Assessment Year 1960-61 and Rs 3,54,911 for Assessment Year 1961-62. The assessee chose to file its own estimate of tax under Section 18-A(2) and in accordance therewith it paid two instalments of advance tax of Rs 38,333 each for Assessment Year 1960-61 and three instalments of Rs 12,875 each for Assessment Year 1961-62. Thereafter the assessee filed revised estimates of tax in the month of March 1960 and March 1961 respectively estimating the tax at Rs 1,80,000 for each of the assessment years on a total income of Rs 4 lakhs. The balance of advance tax as per its revised estimate was paid in time after deducting the instalments which had already been paid. The assessee subsequently filed its returns of i...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1970]78ITR85(SC); (1971)3SCC954a
J.C. Shah, J.1. The appellants, hereinafter called ' the assessees', are engaged in the business of manufacturing biscuits and confectionery. They have factories at Gwalior and Hyderabad and have their selling organisation spread all over India. The assessees also carry on a money-lending business at Gwalior in the name and style of Khanchand Lachmandas, hereinafter called ' K. L.'. In the books of account of K. L. were posted entries for advances made to the Gwalior factory. Under a notification issued by the Central Board of Direct Taxes the income arising to the assessees from the Gwalior factory during the account year ending March 31, 1955, was exempt from payment of income-tax and super-tax.2. In proceedings for assessment for the year 1954-55 of the assessees the Income-tax Officer disallowed, out of the amounts claimed for ' shortage ', Rs. 3,64,000 in the Gwalior factory, and Rs. 35,000 in the Hyderabad factory. Again the Income-tax Officer held that K. L. in its transactions ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1982; [1970]78ITR466(SC); (1970)2SCC431; [1971]1SCR761
K.S. Hegde, J.1. This is an appeal by certificate under Section 66A(2) of the Indian Income-tax Act, 1922 (to be hereinafter referred to as the 'Act'). The assessee is a Private Limited Co. The assessment year with which we are concerned in this case is 1952-53, the relevant accounting year ending on March 31, 1952. The assessment for that year was completed by the Income-tax Officer on August 4, 1953. He determined the assessee's business profits of the year ended on March 31, 1952 at Rs. 33,096/- subject to the assessee's claim of unabsorbed depreciation brought forward to the extent of Rs. 42,000/- and odd. After setting off the unabsorbed depreciation to the extent of Rs. 33,096/-, he determined the assessee's total income for the assessment year 1952-53 at 'Nil'. In the course of the assessment proceedings, the assessee company informed the Income-tax Officer by its letter of July 2, 1953 about the sale of the assessee company to the Amalgamated Electricity Co. (Belgaum) Ltd. (to ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1454; [1970]78ITR33(SC); (1970)2SCC436; [1971]1SCR748
K.S. Hegde, J.1. The question or law arising for decision in these appeals by certificate under Section 66A(2) of the Indian Income-tax Act, 1922 (to be hereinafter referred to as the Act) is :Whether on the facts and in the circumstances of the case, the managing director's remuneration received by Sri Rajkumar Singh was assessable in his individual hands and not in the hands of the assessee Hindu Undivided Family ?2. This question was referred by the Income-tax Appellate Tribunal, Bombay Bench 'A' to the High Court of Judicature at Bombay on an application made under Section 6(1) of the Act by the Commissioner of Income-tax, Madhya Pradesh. The High Court has answered that question in favour of the Revenue. As against that decision this appeal has been brought.3. The assessee in this case is a Hindu Undivided Family and the concerned assessment year is 1954-55, the relevant accounting period being the year ending Diwali 1953 i.e., November 6, 1953. Previously a Hindu Undivided Family...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2191; (1971)3SCC833
J.C. Shah, J.1. In our judgment these two appeals are frivolous. They should never have been brought to this Court.2. The High Court of Allahabad made an order on April 24, 1970 in a writ petition (challenging the validity of certain order of the State of Uttar Pradesh) issuing an ad interim injunction restraining the State of U. P. and its officers from interfering with the sale of country liquor at their country liquor shop by the respondents in this appeal. The Court however reserved liberty to the State and its officers to move for vacating the order 'if and when the occasion arose'. It was also directed that the State and its officers will not prevent the respondents from 'lifting their quota of country liquor.'3. On April 30, 1970, an application was submitted on behalf of the State for vacating the order pursuant to the liberty reserved by the Court. The High Court made another order on May 7, 1970 by which the previous order dated April 24, 1970 was confirmed.4. It is urged on ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC2079; 1970(0)KLT630(SC); (1970)2SCC417; [1971]1SCR734
M. Hidayatullah, C.J.1. These appeals by certificates granted by the High Court of Kerala under Articles 132(1) and 133(1)(c) of the Constitution are directed against a common judgment, September 19, 1969, declaring certain provisions of the Kerala University Act, 1969 (Act 9 of 1969) to be ultra vires the Constitution of India while upholding the remaining Act as valid. They were heard together. This judgment will dispose of all of them. The validity of the Act was challenged in the High Court by diverse petitioners in 36 petitions under Art. 226 of the Constitution. Some parts of the Act were declared ultra vires the Constitution As a result there are cross appeals. 36 appeals have been filed against the several petitioners by the State of Kerala. Another 36 appeals have been filed by the University of Kerala which made common cause with the Government of Kerala. 7 appeals have been referred by seven original petitioners, who seek a declaration that some other provisions of the Act, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC37; [1971]79ITR1(SC); (1971)3SCC113
K.S. Hegde, J.1. These appeals by special leave arise from the decision of the High Court of Andhra Pradesh in Writ Appeals Nos. 13 to 22 of 1965 on its file. Only one question of law arose for decision in those appeals, the very question arising for decision In these appeals and that question is whether the notices issued by the Income-tax Officer under Section 34 of the Indian Income-tax Act, 1922 (which will be hereinafter called the Act) in March, 1962 on the respondent and her sisters are valid in law.2. One Narayana Reddy was an Income-tax assessee. He died on March 26, 1948, leaving behind him his widow Ramanamma and five daughters. On his death his widow took possession of the estate and was managing it. Subsequently misunderstanding appears to have arisen between her and some of her daughters. One of the daughters by name Sreedevamma filed a suit for removing her mother from management of the estate and for the appointment of a receiver. In that suit a Commissioner was appoint...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC65; (1970)2SCC403; [1971]1SCR731; [1970]26STC339(SC)
K.S. Hegde, J.1. These are connected appeals by special leave. The only question raised in these appeals is whether Sarin Tooth Powder' manufactured by M/s. Sarin Chemicals Laboratory is 'cosmetic' or a 'toilet requisite' as held by the High Court of Allahabad or it is an unspecified commodity liable to sales tax at all points of sale as held by the Additional Judge (Revisions) Sales Tax, Agra.2. The contention of M/s. Sarin Chemical Laboratory who is the appellant in all the appeals is that the turn-over relating to the sales of tooth powder is liable to be taxed at the rate of 3 pies per rupee under Section 3 of the U.P. Sales Tax Act (to be hereinafter referred to as the Act) whereas Commissioner of Sales Tax, U.P. contends that the said turn over is liable to be taxed at single point under Section 3(A) of that Act read with Entry 6 of the notification No. 905/X dated March 31, 1956. The High Court has accepted the contention of the Commissioner. In these appeals the assessee challe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1771; (1970)3SCC323; [1971]1SCR719
A.N. Ray, J.1. These petitioners raise two principal questions. First, whether the State of Maharashtra (hereinafter referred to as the State) is competent to enact the Maharashtra Industrial Development Act, 1961 (hereinafter referred to as the Act); secondly, whether there is procedural discrimination between the Maharashtra Industrial Development Act, 1961 and the Land Acquisition Act, 1894.2. The contentions of the petitioners are that the Act is for the incorporation, regulation and winding up of the Maharashtra Development Corporation (hereinafter referred to as the Corporation) and that the Corporation is a trading one and therefore the impugned legislation falls within Entry 43 of List I of the Seventh Schedule of the Constitution. On behalf of the State it is said on the other hand that the Act is for the growth and development of industries in the State of Maharashtra and for acquisition of land in that behalf and the Corporation is established for carrying out the purposes o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1778; (1970)3SCC802
C.A. Vaidialingam, J.1. This appeal by special leave by the State of West Bengal is directed against the judgment and decree dated September 9,' 1963 of the Calcutta High Court dismissing the cross-objections filed by the appellant in appeal from original decree No. 111 of 1954.2. The dispute between the parties in 'this appeal relates to the title to the compensation amount awarded in the land acquisition proceedings to the site of Dalhousie Institute building, premises No. 34 Dalhousie Square There is no dispute about the amount of Rs. 7,45,640/- awarded as compensation for the land. The appellant claimed the entire amount as being payable to it whereas, on the, other hand, the respondent Dalhousie Institute Society (hereinafter to be referred as the Institutes claimed the amount for itself. Therefore, the question of title to the land which is in controversy between the appellant and the respondent has to be decided and on that will depend the right of the party entitled to the comp...
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