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Judgment Search Results Home > Cases Phrase: indian partnership act Court: kolkata Year: 1970 Page 1 of about 15 results (0.026 seconds)

Aug 06 1970 (HC)

Ganesh Chandra Dey and anr. Vs. Kamal Kumar Agarwalla

Court : Kolkata

Decided on : Aug-06-1970

Reported in : AIR1971Cal317

..... that the court alone has jurisdiction to dissolve a partnership under the said sub-sections. it is quite possible that the parties may agree to have the question of dissolution of ..... respondent has served a noticeof the dissolution of the partnership. further the suit as framed has been instituted not only on the basis of the notice of dissolution of the partnership but also on the grounds that it is just and equitable to dissolve the partnership under section 44(f) and (g) of the indian partnership act it appears from the words in the said language ..... partnership under section 44(f) and fg) also decided by arbitration. but in the present ..... an application under section 34 of the indian arbitration act, 1940 for stay of a suit filed by the respondent kamal kumar agarwal. the petitioners, ganesh chandra dey and ghanashyam das and the respondent are the partners of a firm known as 'esbi cycle industries' at no. 7, ganesh chandra avenue. calcutta, under a deed of partnership dated november 2g, 1963. it provides .....

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Jan 16 1970 (HC)

P.K. Trading Company Vs. Income-tax Officer, k Ward

Court : Kolkata

Decided on : Jan-16-1970

Reported in : [1970]78ITR427(Cal)

..... from giving any effect to the impugned notices.2. the facts as alleged in the petition are shortly as follows: under a deed of partnership dated the 24th july, 1960, and registered under the provisions of the indian partnership act, one bimala devi rateria, the wife of jaidayal rateria, and one krishnakanta rateria, wife of dewan chand rateria, agreed to carry on business ..... with equal shares on and from the aforesaid date under the name and style of p. k. trading company. subsequently, the partnership was reconstituted under a fresh deed of ..... by one nandanandan mishra, the present incumbent to the post of income-tax officer, 'k' ward, district 1(1), calcutta, it is stated, inter alia, that the alleged partnership constituted by these two ladies was started with initial capital contributed from the sale of immovable properties which were originally acquired out of the funds provided by their respective husbands ..... capital of the business was unexplained and he deleted the addition made on that account. the two husbands, jaidayal rateria and dewan-chand rateria, carry on business in co-partnership under the name and style of dunichand sons & co. whose assessments are made by the first respondent herein while they are also assessed separately in their individual, capacity by .....

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Jul 03 1970 (HC)

Mahabir Prasad Jatia and ors. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jul-03-1970

Reported in : [1972]84ITR143(Cal)

..... it is not necessary for me to decide those questions. it is claimed in the petition that a partnership firm styled, onkarmull kanailall & co., was incorporated some time in the year 1943 and registered under the indian partnership act and at the material time the partners of the said firm were, (1) kanailall jatia, (2 ..... assessment year 1959-60, relevant to the accounting period 23rd october, 1957, to the 10th november, 1958, a return was filed on behalf of the partnership firm, onkarmull kanailall & co., by ghanshyamdass jatia as a partner on or about the 27th october, 1959, showing the total income of the firm for ..... statement in the original return, i.e., some mistakes or something left out by inadvertence as contemplated in section 22(3) of the 1922 act. the returns filed on the basisof the death of kanailall for the two periods before and after such death could not be called revised returns. ..... were voluntary returns filed on behalf of the hindu undivided family.5. dr. pal submitted, firstly, that as section 22(3) of the 1922 act permits an assessee to file a revised return at any time before the assessment is made the petitioners were entitled to file such revised returns on ..... undivided family; (b) that as the original return was filed under the indian income-tax act, 1922, the proceedings for assessment should have been completed under that act and the purported penalty proceedings under sections 271 and 273 of the 1961 act were illegal and ultra vires. (c) that the assessee had a .....

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Jun 03 1970 (HC)

Omprakash Agarwalla Vs. Agricultural Income-tax Officer and ors.

Court : Kolkata

Decided on : Jun-03-1970

Reported in : [1972]84ITR340(Cal)

..... on an assessee deriving income from growing and manufacturing tea without the assessment of such assessee being completed under the indian income-tax act have been raised in this application. it appears that the bagdogra tea estate was owned and managed by a partnership firm of which maidhandus agarwalla and certain other persons were the partners. it is alleged in the petition that ..... derived from operations partly agricultural and partly non-agricultural. section 8(1) enacts that in the case of such mixed income which is chargeable partly under this act and partly under the indian income-tax act, the agricultural income-tax officer shall determine the agricultural income on certain basis as laid down in that sub-section. sub-section (2) of that section deals ..... assessee growing and manufacturing tea and no assessment to agricultural income-tax can be made until and unless the assessment for the corresponding year has been completed under the indian income-tax act.2. in the affidavit-in-opposition it is not denied that the notice under section 24(4) did require the petitioner and/or his predecessor-in-interest to produce ..... estate calling upon it to produce, inter alia, its books of accounts and other records and the certified copy of the assessment order for the corresponding year under the indian income-tax act. the said notice also informed the assessee that failure to comply with any of the terms of the notice would render him liable to prosecution under section 53(1 .....

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Nov 18 1970 (HC)

Commissioner of Income-tax Vs. Hassanally and Sons

Court : Kolkata

Decided on : Nov-18-1970

Reported in : [1971]81ITR282(Cal)

..... a genuine firm as evidenced by the deed dated the 16th march, 1959, came into existence and that the firm was entitled to registration under section 26a of the indian income-tax act, 1922, for the assessment year 1960-61 ? (2) if question no. 1 is answered in the negative, whether the tribunal was right in setting aside the assessment in the ..... , the tribunal was right in holding that the said document brought into existence a genuine firm and registration was therefore allowable to the assessee under section 26a of the indian income-tax act, 1922?'8. the tribunal, however, has referred to this court the following questions:'(1) whether, on the facts and in the circumstances of the case, the tribunal was right ..... in conformity with some of the material terms of the deed which brought the partnership into existence.18. for these reasons, our answer to the second part of question no. 1 is that the firm was not entitled to registration under section 26a of the indian income-tax act, 1922, for the assessment year 1960-61.19. the first part of question no ..... was carrying on business in hardware and mill stores and was granted registration under section 26a of the income-tax act.2. for the assessment year 1960-61, the assessee applied for a fresh registration. it was stated that a deed of partnership dated the 16thmarch, 1959, had been executed and a new firm had been constituted consisting of seven partners. these .....

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May 14 1970 (HC)

Chhaganmal Agarwalla Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Decided on : May-14-1970

Reported in : [1972]86ITR248(Cal)

..... , dist. iv(3), made an order of assessment under section 23(3) of the indian income-tax act, 1922 (hereinafter referred to as 'the old act'), for the assessment year 1961-62 against the petitioner. on march 31, 1966, an order of assessment was passed against the petitioner's partnership firm, jaswantrai & bros., for the assessment year 1961-62. the respondent no. 1, namely ..... act and not under the indian income-tax act, this argument, however, loses point, because the exercise of a power will ..... . this contention was negatived by the supreme court. hidayatullah j., as he then was, observed :'the patiala income-tax act contained provisions almost similar to sections 5(5) and 5(7a) of the indian income-tax act. sub-section (5) differed in this that the commissioner of income-tax was required to consult the minister-in-charge before taking action under that sub ..... bidi supply company v. union of india, : [1956]29itr717(sc) . did not find place in the patiala act. the commissioner, when he transferred this case, referred not to the patiala income-tax act but to the indian income-tax act, and it is contended that if the patiala income-tax act was in force for purposes of reassessment, action should have been taken under that .....

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Jul 09 1970 (HC)

Commissioner of Income-tax Vs. Textile Machinery Corporation

Court : Kolkata

Decided on : Jul-09-1970

Reported in : [1971]80ITR428(Cal)

..... provision it follows that this licencedoes not cover the jute mill division of the assessee which is also claimingfor exemption under section 15c of the indian income-tax act, 1922. thisindustrial licence, therefore, is only confined to the steel foundry divisionof the assessee. 47. the statutory complex operating on this point ..... however, concerned with, is not reconstruction of a 'company' but recon-struction of a 'business' under section 15c(2)(i) of the indian income-tax act, 1922. reconstruction of a company with its limited concept is not the same thing as reconstruction of a business. if mr. justice buckley was ..... substance and in form one of out and out sale and the only relation that remained between the partnership and the assessee-company was that the members of the partnership became shareholders in part in the assessee-company and this was held to be not a reconstruction of an ..... industry carried on in one or, more factories by any person or authority including government.'19. the words 'industrial undertaking' in the indian income-tax act, 1922, should, in our view, be interpreted to mean any venture or enterprise which a person undertakes to do and which has ..... existing business and on that ground a division bench of the bombay high court came to the conclusion that th& assessee-company there was entitled to relief under section 15c of the income-tax act .....

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May 20 1970 (HC)

Raibahadur Chowdhury Vs. Income-tax Officer, b Ward and ors.

Court : Kolkata

Decided on : May-20-1970

Reported in : [1971]79ITR274(Cal)

..... 24th march, 1965, issued by the respondent no. 1 under section 148 of the income-tax act, 1961, for the assessment year 1948-49. the original assessment order under section 23(3) of the indian income-tax act, 1922, was passed on the 16th january, 1952. the petitioner's case was that, ..... , the appellate tribunal set aside the entire reassessment order and restored the original assessment order. no steps were taken under section 35 of the 1922 act to rectify the mistake; nor was any reference to the high court sought against the order of the appellate tribunal. thereafter, the income-tax officer ..... appellate assistant commissioner was clearly of the view that there was no justification for issue of notice under section 34(1)(a) of the 1922 act, inasmuch as the income-tax officer responsible for the original assessment made enquiries and was satisfied that the loans were genuine. the department appealed against ..... stood dismissed as withdrawn. but, on the 24th march, 1965, another notice was issued to the petitioner under section 148 of the income-tax act, 1961. it appears from paragraph 8 of the affidavit-in-opposition of monoranjan ghosh affirmed on the 27th july, 1965, that before the notice ..... under section 34(1)(a) of the act of 1922. the petitioner was called upon to prove the genuineness of these loans. affidavits affirmed by the said five persons were filed before the income-tax officer stating that they had made advances to the partnership firm, namely, the petitioner, but the .....

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May 29 1970 (HC)

Commissioner of Income-tax Vs. Indian Chamber of Commerce

Court : Kolkata

Decided on : May-29-1970

Reported in : [1971]81ITR147(Cal)

..... march, 1962, the two chambers of commerce agreed to carry on the business formerly carried on by the two chambers in their measuring departments in partnership under the name and style of messrs. calcutta licensed measurers on and from the 1st april, 1962.4. the income-tax officer found that, ..... assessment year is 1964-65 and the corresponding accounting year is the year 1963. the assessee-company was registered under section 26 of the indian companies act, 1913, and was permitted to omit the word 'limited' from its name.3. the income on which the tax is questioned arises in ..... little application of the english principle here to the facts of the present reference on the ground that the english statute is very different from the indian statute. the english statute there was concerned with the expression 'an organisation not established or conducted for profit' under section 5(1)(a) of ..... sources, (a) arbitration, (b) certificate of origin, and (c) measurement, was at all arising from any property held under trust by the assessee, indian chamber of commerce. it will, therefore, be not necessary to discuss the privy council dictum in all india spinners' association v. commissioner of income-tax, ..... v. andhra chamber of commerce, : [1965]55itr722(sc) . on an analysis of the objects in the memorandum and articles of association of the indian chamber of commerce, the assessee, the tribunal came to the conclusion that the main objects of the assessee were objects of general public utility and, .....

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Sep 29 1970 (HC)

Mahua Vs. Union of India (Uoi) and anr.

Court : Kolkata

Decided on : Sep-29-1970

Reported in : AIR1971Cal507

..... of evidence specified in sch. iii.'11. therefore, it is for the authority as contemplated in sub-section (2) of section 9 of the citizenship act to determine the question as to whether the applicant is an indian national. this court has no power to so decide : air1958all165 . in the instant case the order of expulsion was passed against the applicant on ..... of passport is not conclusive evidence of acquisition of citizenship. in the instant case all the aforesaid documents including the application made by the applicant for being registered as an indian citizen go to show that the applicant chose voluntarily to change his citizenship and acquired the chinese citizenship and became a chinese national. the aforesaid documents have been sought to ..... registration as a foreigner of chinese nationality. the petitioner was so registered as a foreigner of chinese nationality on 1-2-1968. the petitioner also applied for registration as an indian citizen to the government of india. the said application was rejected by the government of india.7. it is contended by mr. dutt that notwithstanding rejection of the said application ..... terminated. in any event the petitioner continued to be indian citizen. the petitioner's father settled down at hasimara in north bengal in the district of jalpaiguri and started business under the name and style of macha brothers. in or about 1953 the said business of his father was converted into a partnership. the father and his four sons including the petitioner .....

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