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Judgment Search Results Home > Cases Phrase: indian partnership act Court: allahabad Year: 1970 Page 1 of about 18 results (0.018 seconds)

Nov 13 1970 (HC)

Delight Stores Vs. Income-tax Officer, E-ward and ors.

Court : Allahabad

Decided on : Nov-13-1970

Reported in : [1971]79ITR749(All)

..... which their business is carried on is called the 'firm name'.' 10. it is true that the expression 'firm name' has been defined in section 4 of the indian partnership act. but it does not follow that firm name is an essential ingredient of the constitution of a firm. it is possible for a firm to carry on business without ..... (23) of section 2 of the income-tax act, 1961, the expressions 'firm', 'partner' and 'partnership' have the same meaning as in the indian partnership act. we have, therefore, to turn to the definition of these terms in the indian partnership act.9. these terms have been defined in section 4 of the indian partnership act. section 4 states:''partnership' is the relation between persons who have agreed to ..... share the profits of a business carried on by all or any of them acting for all. persons ..... who have entered into partnership with one another are called individually ' .....

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Aug 10 1970 (HC)

Shyam Lal Paharia and Anr. Vs. Gaya Prasad Gupta 'Rasal'

Court : Allahabad

Decided on : Aug-10-1970

Reported in : AIR1971All192

..... 14. in s. k. dutt v. law book co : air1954all570 the plaintiff had alleged that that the copyright in his work 'indian partnership act, by mukerji and dutt' had been infringed by the second defendant in his publication entitled 'law book company's commentaries of law and practice of ..... partnership and private companies in india'. it was observed that in order to construe infringement of a man's copyright there must be sufficient ..... infringement of the work. 'fair dealing by any one has been kept out of the mischief of the copyright act'. it was further observed:--'several persons may originate similar works in the same general form without anyone infringing the law in regard to copyright. the ..... of the definition of the word literary work' in section 35 of the copyright act of 1911 adopted by the indian copyright act, 1914 the calculation charts could be treated as literary work within the meaning of section 35 of the act of 1911; (2) the plaintiff's copyright had not been infringed by the ..... suit was filed in 1954 when the indian copyright act, 1914 was in force. the relevant provisions of the aforesaid act are as follows:--section 2. in this act, unless there is anything repugnant in the subject or context. - (1) 'the copyright act' means the act of parliament entitled the copyright act, 1911; and (2) words and .....

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Dec 04 1970 (HC)

J.K. Hosiery Factory Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Dec-04-1970

Reported in : [1971]81ITR557(All)

..... by the deed executed between jhabarmal saraf and the trustees was legal and could be registered as such under section 26a of the indian income-tax act, 1922. the supreme court ultimately came to the conclusion that the partnership so created was legal and could be registered as such under section 26a. learned counsel for the assessee contended that this is ..... business and become partners in a firm. since a trust is merely an obligation as defined in the indian trusts act, it is not a person and cannot enter into a contract, and form a partnership. the argument, however, overlooks the fact that the indian trusts act is not applicable to religious or charitable endowments. the expression ' trust ' in connection with such an ..... beneficial to mankind. it is clear that in making the aforesaid provision the legislature intended to recognise the aforesaid objects as charitable.44. similarly, under section 4 of the indian income-tax act, 1922, any income derived by a religious or charitable institution is exempt from taxation under certain circumstances. the expression ' charitable purpose ' has been described as including relief ..... institution is not used in the same sense in which it is used in the indian trusts act.66. religious and charitable trusts are found to .....

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Sep 24 1970 (HC)

Commissioner of Income-tax Vs. Smt. Triveni Devi

Court : Allahabad

Decided on : Sep-24-1970

Reported in : [1971]81ITR511(All)

..... the minor as interest on the capital is an indirect result of his being admitted to the benefits of partnership, and has to be included in the total income of his father under section 16(3)(a)(ii) of the indian income-tax act, 1922.7. in s. srinivasan v. commissioner of income-tax, [1967] 61 i.t.r ..... allowed was assessable in the hands of the appellant under sub-clauses (i) and (iii) of clause (a) of section 16(3) of the indian income-tax act, 1922. it was held by the supreme court that interest accrued to the wife and minor sons because of their capacity mentioned in section 16(3)(a ..... deposit or loan. the department relies upon clause (ii) of section 64 of the act. in order to bring the case under clause (ii) of section 64, it was for the department to establish a connection between the partnership of the minor and the receipt of interest on the money brought in by the minor ..... . 273 ; [1967] 1 s.c.r. 729 (s.c.) the appellant was senior partner in a firm in which his wife and a stranger were partners, and two minor sons were admitted to the benefits of the partnership ..... the partnership deed did not cast any obligation upon minors to maintain any deposits in the firm. the question arose whether interest which minor partners had received on deposits standing to their credit in the firm could be included in the total income of the assessee under section 16(3)(a)(ii) of the indian income-tax act, .....

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May 13 1970 (HC)

Sita Ram Har Govind Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : May-13-1970

Reported in : [1971]79ITR575(All)

..... during the relevant previous year and, therefore, had no income at all during that period. there is also the consideration that the partnership deed, which is relevant for the purposes of registration under section 26a of the indian income-tax act, is that operative during the account year relevant to the assessment year for which registration is claimed. that view was expressed in ..... recital in the deed of 1958 to suggest that the previous firm was being continued. on the contrary, the deed recites that the parties 'shall carry on business in partnership. .....' and that ' the partnership commenced onbhadaut sudi six sambat do hazar pandrah, corresponding to 18th september, 1958. . ..' moreover, while clause 4 of the deed of 1956 merelyprovided that the capital of the ..... the assessee was unsuccessful in appeal before the appellate assistant commissioner, and, thereafter, in second appeal, before the income-tax appellate tribunal.2. the assessee-firm was constituted under a partnership deed dated december 22, 1956, and consisted of 5 partners, hargovind, jawahar mal, madan lal, murlidhar and ratan lal, and one ram kishore, a minor, was admitted to the benefits ..... pathak, j.1. the assessee was registered under section 26a of the indian income-lax act, 1922, for the assessment year 1958-59. it applied for renewal of registration on june 29, 1959, for the assessment year 1959-60, the relevant previous year being the period .....

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Mar 02 1970 (HC)

Ram Das Jaiswal Vs. Income-tax Officer

Court : Allahabad

Decided on : Mar-02-1970

Reported in : [1971]79ITR570(All)

..... fell to be assessed as the income of the united motor transport service association, treated as an unregistered partnership firm, issued a notice under section 34 of the indian income-tax act, 1922, in respect of the several assessment years and made consequent assessments upon the partnership firm. the petitioner was treated as a partner of the firm, and on that basis recovery proceedings ..... time allowed by it, the partner himself can be treated as being in default. the law is now clear that if a notice of demand has been served upon a partnership firm, it is not necessary that a further notice should be served upon the partner of the firm in order to render that partner liable for payment of tax : see ..... in the rejoinder-affidavit filed by him to the counter-affidavit. if baij nath is treated as an employee of the firm, the position appears to be that the firm acted upon the notice under section 34, served upon him, by filing returns of its income. it also treated the assessment orders and notices of demand served upon baij nath as .....

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Jul 15 1970 (HC)

Jwala Prasad Radha Kishan Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jul-15-1970

Reported in : [1971]79ITR530(All)

..... behalf of the revenue. it was, in fact, not an expenditure at all, much less a capital expenditure. ' expenditure ', as defined by the supreme court in indian molasses co. (p.) ltd. v. commissioner of income-tax : [1959]37itr66(sc) . means money which goes out irretrievably. but here, the assessee was entitled ..... the english income tax act, 1952, specifically provides for allowance of a loss sustained in any trade carried on by a person solely or in partnership. the distinction between loss and expenditure has been indicated by finlay j. in alien v. farquharson ..... return in the shape of profits and the loss suffered by the assessee was a capital loss not allowable under any of the provisions of the act. the bombay high court affirmed the view taken by the tribunal. the supreme court, however, reversed the decision of the high court and ..... the supreme court in badridas daga v. commissioner of income-tax, : [1958]34itr10(sc) . supports this view. under section 10(1) of the act tax is payable on profits and game of a business computed on ordinary commercial principles and deductions must be allowed in respect of losses so connected with ..... society v. styles, [1892] 3 t.c. 185, 188, 189 (h.l.). in the indian income-tax act, 1972, while there is provision for allowability or otherwise of business expenditure in section 10 of the act, there is no express reference to business loss therein. on the other hand, section 341(1) of .....

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Mar 18 1970 (HC)

RoopnaraIn Ramchandra Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Mar-18-1970

Reported in : [1970]78ITR171(All)

..... the reasons stated hereunder, the commissioner of income-tax, uttar pradesh, lucknow, hereby transfers under sub-section (7a) of section 5 of the indian income-tax act, 1922 (xi of 1922), the case particulars of which are mentioned in column 3 of the schedule hereto annexed, to the income-tax officer mentioned ..... set out hereinabove.7. before proceeding to answer the question referred by the tribunal it may be pointed out that under rule 4 of the indian income-tax rules, 1922, the income-tax officer is authorised to grant registration to a firm when he is satisfied as to the conditions ..... j.1. the question submitted by the appellate tribunal for the opinion of this court under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as 'the act', is as follows :'whether, on the facts and in the circumstances of the case, in the appeal under section 30 to ..... , m/s. roop narain ram chandra, kanpur, was constituted as a firm under a deed of partnership dated the 17th of november, 1952. it was accorded registration under section 26a of the act for the two immediately preceding years 1955-56 and 1954-55. for the assessment year under reference, 1956 ..... appeal preferred by the assessee against the order of the income-tax officer, district i(v), refusing to allow registration under section 26a of the act, the appellate assistant commissioner held that for the same reasons the order of the income-tax officer was without jurisdiction. the appellate assistant commissioner, .....

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Nov 20 1970 (HC)

The Union of India (Uoi) Through the General Manager, Central Railway, ...

Court : Allahabad

Decided on : Nov-20-1970

Reported in : AIR1971All531

..... . before section 80 was enacted there was elaborate case law on the question whether they could be held liable in 'tort or by recourse to the doctrine of agency or partnership. section 80 now places the liability of all the railway administrations concerned on a firm statutory footing. the section provides that in the case of goods booked through over the ..... questions involved. the primary evidence having thus been withheld, it is open to the court to draw a presumption adversely against the defendant under section 114(g) of the indian evidence act. the witnesses produced being the servants of the railway administration were apt to support the defendant, for any proof of negligence was to recoil on the witnesses themselves who were ..... case. in these cases the consignment had been booked at the 'owners risk rate', and, therefore, the provisions of sections 74-c and 74-d of the indian railways act (hereinafter referred to as the act) were attracted. in the instant case, however, from the materials on the record, it is clearly established that the consignments were booked at the 'railway risk rate ..... the central railway, the fire and the consequent loss having taken place in the central railway, and they were, therefore, absolved from the liability under the provisions of section 80, indian railways act. 6. the first additional civil judge, kanpur, who tried the suit, came to the conclusion that though the laxmi rattan cotton mills ltd. (plaintiff no. 1) had recovered the .....

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Nov 10 1970 (HC)

Mahadeo Prasad Rais Vs. Income-tax Officer

Court : Allahabad

Decided on : Nov-10-1970

Reported in : [1972]84ITR48(All)

..... years corresponding to the three assessment years.3. the assessee's case was not accepted by the income-tax officer. he held that formation of the partnership firm on july 7, 1948, was a sham transaction. it was further held that the assets in question continued as assets of the joint hindu family. assessment for the three ..... in the books of the family. several items were outside the books. items in the books of the assessee were divided on june 30, 1948. on july 7, 1948, a partnership firm took over the assets, which had been divided on june 30, 1948. the assets outside the books were also divided on october 30, 1948, and were invested in the ..... partnership firm. the result is that the entire business of the family was taken over by the new firm. according to the assessee, it had no income during the three previous ..... oak, c.j.1. this is a reference under section 66 of the indian income-tax act, 1922. the assessee is a hindu undivided family consisting of six members. mahadeo prasad is the karta of the family. other members of the family are mahadeo prasad's major .....

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