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Judgment Search Results Home > Cases Phrase: indian partnership act Court: gujarat Year: 1974 Page 1 of about 10 results (0.035 seconds)

Oct 16 1974 (HC)

Abdul Rehman Haji Miya Vs. V.P. Minocha, Income-tax Officer, Ahmedabad ...

Court : Gujarat

Decided on : Oct-16-1974

Reported in : [1977]106ITR821(Guj)

..... divan c.j.1. the petitioner in this case was, prior to its dissolution on august 31, 1963, a partnership firm registered under the provisions of the indian partnership act. though the firm has been dissolved with effect from august 31, 1963, as the subject-matter of the writ petition is pending, the said firm is deemed to continue in ..... in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners or their representatives according to their rights. section 48 of the partnership act provides for the mode settlement of accounts between the partners. it prescribes the sequence in which the various outgoings are to be applied and the residue remaining is to be ..... the machinery. each partner gets that which was his own in which he along with the other partners was a joint owner during the subsistence of the partnership and under the scheme of the partnership act when the assets are distributed among the partners at the time of dissolution, it cannot be said to amount to utilisation of the machinery in the sense ..... the money representing the value of the property. when the two partners brought in the theatres of their respective ownership into the partnership, the theatres must be deemed to have become the property of the partnership. under section 46 of the partnership act, 1932, on the dissolution of the firm every partner or his representative is entitled, as against all the other partners or .....

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Oct 24 1974 (HC)

Laxmi Weaving Factory and anr. Vs. Addl. Commissioner of Income-tax, G ...

Court : Gujarat

Decided on : Oct-24-1974

Reported in : [1979]116ITR81(Guj)

..... the machinery. each partner gets that which was his own in which he along with the other partners was a joint owner during the subsistence of the partnership and under the scheme of the partnership act when the assets are distributed among the partners at the time of dissolution, it cannot be said to amount to utilisation of the machinery in the sense ..... in which the word 'utilised' has been used in s. 35(11)(ii)(c) of the act of 1922'. (see : [1977]106itr821(guj) ). it may be pointed out that ..... i.t. act, 1922, can be adopted, whereas the ..... partnership firm during its subsistence after the partnership firm is dissolved and the surplus assets of the partnership are distributed amongst the partners. the revenue contends that on the distribution taking place, the development rebate granted to the firm can be withdrawn and the necessary rectification proceedings either under s. 155(5) of the i.t. act, 1961, or s. 35(11) of the indian .....

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Oct 24 1974 (HC)

Laxmi Weaving Factory and Another Vs. Addl. Commissioner of Income-tax ...

Court : Gujarat

Decided on : Oct-24-1974

Reported in : [1979]116ITR80(Guj)

..... the machinery. each partner gets that which was his own in which he along with the other partners was a joint owner during the subsistence of the partnership and under the scheme of the partnership act when the assets are distributed among the partners at the time of dissolution, it cannot be said to amount to utilisation of the machinery in the sense ..... in which the word utilised has been used in s. 35(11)(ii)(c) of the act of 1922'. (see : [1977]106itr821(guj) ). it may be pointed out that ..... i.t. act, 1922, can be adopted, whereas the ..... partnership firm during its subsistence after the partnership firm is dissolved and the surplus assets of the partnership are distributed amongst the partners. the revenue contends that on the distribution taking place, the development rebate granted to the firm can be withdrawn and the necessary rectification proceedings either under s. 155(5) of the i.t. act, 1961, or s. 35(11) of the indian .....

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Sep 03 1974 (HC)

Commissioner of Income-tax, Gujrat Vs. Dineschandra Industries

Court : Gujarat

Decided on : Sep-03-1974

Reported in : [1975]100ITR660(Guj)

..... ground of, (1) delay in the presentation of the application for registration, or (2) failure to file the original instrument of partnership, or (3) any other defect in the application. the present act, however, originally granted a right of appeal against 'an order refusing to register a firm under clause (b) of sub-section ..... of its delay in making application (see proviso to section 184(4)(d)); (4) where the firm does not produce the original instrument of partnership and produces only copies thereof and the income-tax officer is not satisfied with the reasons for non-production of the original or with the correctness ..... tax officer may reject the application for registration. if the income-tax officer grants registration, he is required to record a certificate on the instrument of partnership or on the certified copy submitted in lieu of the original instrument, as the case may be, for the assessment year or for the relevant ..... be made. a proviso similar to the one contained in section 184(4) is also to be found in rule 2 of the indian income-tax rules, 1922, where the income-tax officer was empowered to entertain in application made after expiry of time limits specified in the rule ..... manner as may be prescribed, and was to be dealt with by the income-tax officer in such manner as prescribed. rule 3 of the indian income-tax rules, 1922, prescribed the particulars which were to be furnished in the application for registration and the time within which such application was to .....

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Nov 04 1974 (HC)

Sakarlal Balabhai Vs. Income-tax Officer, Special Investigation Circle ...

Court : Gujarat

Decided on : Nov-04-1974

Reported in : [1975]100ITR97(Guj)

..... as well as joint family properties. the deceased had executed a will dated 6th october, 1956, bequeathing his undivided 1/2 share in the joint family properties which consisted of partnership business, shares, securities and immovable properties, as well as individual properties to his grandsons, petitioners nos. 2 and 3 herein. though no executor was appointed for carrying out the directions ..... 6 (1) of the pakistan (adiministration of evacuee property) ordinance, 1949, as evacuee property, is not the owner of the property for the purposes of section 9 of the indian income-tax act, 1922, and the assessee cannot exercise any rights in that property except with the consent of the custodian; he merely has some residual beneficial interest in that property that ..... the trustees who were under obligation to provide trust property for occupation of certain beneficiaries without charging any rent could be assessed to tax under section 9 of the indian income-tax act, 1922, on their income from house property. the contention, as we have earlier stated, on behalf of the trustees is d. m. vakil's case was that, since no ..... trustees advanced similar contention as the learned advocate-general did which urging his contention no. 3. it was contended by the trustees before the bombay high court that the indian income-tax act, 1922, was enacted with the object of taxing income and in the case before the bombay high court the trustees could not by virtue of the express provision of .....

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Nov 04 1974 (HC)

Bharatkumar Manilal Dalal Vs. Controller of Estate Duty, Gujarat

Court : Gujarat

Decided on : Nov-04-1974

Reported in : [1975]99ITR179(Guj)

..... to year, in which case the value would be pounds 30,000. the court of section had held at [1970] s. l. t. 8, that the partnership which in scots law, unlike english law, constituted a legal persona was dissolved by the death and that the tenancy came to an end at the same time, so ..... trustees. in that case the deceased at his death in february, 1963, owned a farm, of which he and members of his family were tenants under a partnership agreement. the inland revenue maintained that the farm should be valued on the basis that vacant possession could be obtained in april, 1964, in which case the value ..... term 'other interest' even by reference to the history of the provisions, the objects and reasons given by the legislature for inserting such a provision in the indian statute. in our opinion, if the legislative intent as outlined in the statement of objects and reasons given in the bill for the said clause 15 is any ..... of the term 'interest' in section 15, courts should bear in mind the history of the section and the object underlying the same in incorporating it in the indian statute. it was urged that, having regard to the history and object of the provision contained in the said section, it cannot be held, as has been ..... could not have, therefore, been disposed of by a will in view of the prohibition contained in schedule iii to the indian succession act, 1925. in other words, there was no property in existence in the lifetime of the insured which would have passed on his death. since the .....

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Aug 13 1974 (HC)

Official Liquidators, Baroda Batteries Ltd. Vs. Registrar of Companies ...

Court : Gujarat

Decided on : Aug-13-1974

Reported in : [1978]48CompCas120(Guj); (1975)1GLR462

..... further, the word 'firm' is not used in section 2(25) unnecessarily or redundantly. the presence of the word 'firm' indicates that when a partnership firm is a managing agent, every partner if that firm separately is not intended to be treated as a managing agent of the company. if the legislature ..... as under : 3. the baroda batteries ltd., which was registered as a company under the indian companies act, was ordered to be wound up under the supervision of the court before the companies act, 1956, hereinafter referred to as 'the new act', came into force. m/s. s. s. tambe and c. k. patel, practising ..... , ilr [1955] 2 cal 439, the calcutta high court held that section 281(2) applied to a default under section 244b(7) of the act. however, from the perusal of the judgment, it transpires that the registrar of companies there had contended that section 281(2) would apply with the result ..... or under the supervision of the court, the liquidator appointed to carry out the purpose of liquidation represents the company during the liquidation proceedings and acts for and on behalf of the company. it is immaterial whether the liquidation is voluntary or is carried on under the supervision of the court. ..... 1961 to january 17, 1964, at the rate of 20% per annum. the applicants therefore, preferred an application under section 281 of the old act for relieving them from the penalty imposed by the registrar of companies. the grounds stated in the application, inter alia, were that the liquidators were not .....

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Aug 27 1974 (HC)

Arundhati Balkrishna Vs. Commissioner of Income-tax, Gujarat Iii

Court : Gujarat

Decided on : Aug-27-1974

Reported in : [1976]102ITR356(Guj)

..... principle and it was held that ratilal b. daftari's case was rightly decided. there the supreme court was concerned with the case of a sub-partnership. 19. in commissioner of income-tax v. c. n. patuck, there was a question of an overriding obligation created at the time of dissolution ..... in favour of the mother. 17. similarly, in ratilal b. daftari v. commissioner of income-tax, there was a question of a sub-partnership and again the question of the overriding obligation was brought into play and only the income after accounting for this overriding obligation was held to be ..... , nagore durgha. it was pointed out that the persons who are referred to in section 41(1) of the indian income-tax act, 1922, equivalent to section 160 of the income-tax act, 1961, are not the persons having any beneficial interest in the income. none of them has any beneficial interest ..... out : 'before we examine the terms of the trust deeds it would be convenient at this stage to refer to the provisions of the act bearing on the determination of the controversy between the parties. section 160 defines 'representative-assessee' and enumerates four categories of representative-assessees who are assessable ..... a 'representative-assessee and under sub-section (2) of section 160, every representative-assessee is deemed to be an assessee for the purposes of the act. under section 161, sub-section (1), every representative-assessee, as regards the income in respect of which he is a representative-assessee, shall be .....

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Jun 20 1974 (HC)

State of Gujarat Vs. Sakurbhai Abedbhai

Court : Gujarat

Decided on : Jun-20-1974

Reported in : [1975]35STC57(Guj)

..... read something which is not there even by implication. 10. in this connection it would not be out of place to note that even the indian income-tax act, 1961, has got a similar provision in section 271. explanation which is attached to this section reads as under : 'where the total income ..... aside the order relating to the imposition of penalty of rs. 415.47 on the opponent-firm under section 36(3a) of the bombay sales tax act, 1959, by the sales tax authorities ?' 6. it is evident from the facts of the case stated above that the question which really falls ..... assessee had paid the tax amount of rs. 1,500 prior to the assessment, the requirements of sub-section (3a) of section 36 of the act were fully complied with. being aggrieved by this decision of the tribunal, the state the preferred this reference in which the tribunal has referred the ..... reselling timber, stone, etc., at vadnagar. it is duly registered as a dealer under the act. during the course of s.y. 2025 the respondent-assessee filed quarterly returns under the ..... hereinafter referred to as the 'act'), the amount of tax paid by the assessee, after filing his return but before the final tax assessment was made, should be taken into consideration or not. 2. this question arises in the background of the following facts : the respondent-assessee is a partnership-firm doing the business of .....

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Oct 24 1974 (HC)

Kanchanlal Trikamlal Patel Vs. Shyamal Ghosh, Dist. Magistrate and ors ...

Court : Gujarat

Decided on : Oct-24-1974

Reported in : (1975)16GLR675

..... to be the detenu and four other persons carry on the business of angadia (personal messenger service) in the name and style of somabhai kanchanlal & company which is a registered partnership firm. it is the case of the petitioner that the firm is carrying on its business of angadia for the last about 30 years having its main office at surat ..... saurashtra transport co. their statements revealed that the consignors and consignees in each of the receipts were different and in none of them 'taiyabmama' was shown as a consignee. again acting on prior information the customs officers at surat on 16-8-1974 intercepted 8 tins containing chemical powder of foreign origin. the said tins were found in possession of mafatlal ..... before the amendment, those principles remain equally effective principles which courts must bear in mind while examining the legality and validity of detention orders which are passed under the said act after this amendment by the aforesaid ordinance, because, it is only when the central government or the state government is satisfied with respect to any person including a foreigner with ..... west bengal ors. being writ petitions nos. 1999 of 1973 and 1913 of 1973 respectively, the supreme court was concerned with the constitutional validity of the maintenance of internal security act, 1971 as well also with the legality of the orders passed detaining the petitioners in those cases by the west bengal government. the supreme court has reaffirmed the relevant principles .....

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