Court : Kolkata
Decided on : Oct-10-1991
Reported in : AIR1992Cal222,(1992)1CALLT463(HC)
..... an unregistered partnership business the sale document can be used in evidence. we are of the view that the observation ..... terms of the licence completely militates against sub-rule (1) of rule 19 of the said rules and the agreement is, thus, void by s. 24 of the contract act and the partnership is illegal. it is submitted that in this case also it is an admitted position that the cinema business is being run in the suit land on the basis ..... and latif had each 4 annas and achutananda had 2 annas share in thepartnership business. it was further agreed that aswini kumar pramanik, the brother of bishnu would act as manager of the partnership business. aswini kumar as manager looked after the said business. satchidananda having no manner of title and possession in the property in suit. the present suit is liable ..... . he has also urged that unregistered partnership deed dated 26th november, 1952 cannot also be treated as a valid document.31. on considering the submission made by both the parties we are of the view that the unregistered partnership deed cannot be enforced as a valid agreement in view of s. 9 of the partnership act, but for the purpose of dissolution of such .....Tag this Judgment!
Court : Kolkata
Decided on : Nov-26-1991
Reported in : 204ITR234(Cal)
..... partners on monies lent by them in their individual capacity is not liable to be disallowed under section 40(b) of the act, inasmuch as the partners were acting in a representative capacity so far as the partnership interest is concerned.' 22. the madhya pradesh high court in the case of balchand hashmatrai and co. v. cit : ..... really a representative of others, third parties are not barred from dealing with him in his representative capacity, for, they are not parties to the contract of partnership. the revenue is in no way precluded from dealing with the partner as a representative if, he is one such, as for instance, where he is ..... behalf of the firm for settlement of accounts and cannot exercise any rights as against the other partners as if they are themselves the partners in the partnership firm. this is not to say that they have no rights at all arising from the fact that the partner is their representative. they can ..... namely, for and on behalf of the family or for his own benefit and interest was immaterial. this decision was based on the position under the partnership law that a hindu undivided family cannot become a partner of a firm, the firm only recognising the karta as a partner and that the members of ..... a case of payment of salary made by a firm to its partner in the context of the provisions of section 10(4)(b) of the indian income-tax act, 1922. in that case, a karta of a hindu undivided family who was receiving a salary for services rendered to a firm became a partner .....Tag this Judgment!
Court : Kolkata
Decided on : Feb-08-1991
Reported in : 194ITR511(Cal)
..... , passed by respondent no. 2, commissioner of income-tax, central-i, in the penalty proceeding under section 271(1)(c) of the income-tax act, 1961, and the imposition of penalty under section 271(1)(c) and, consequently, the demand notice, under section 156 and the penalty order dated october 7, ..... susanta chatterji, j.1. the present rule was issued on october 11, 1977, at the instance of the writ petitioner, a registered partnership firm praying, inter alia, for an appropriate writ of mandamus commanding the respondents to withdraw and/or rescind the order dated september 26, 1974 ..... 1965-66 in the case of the petitioners were either set aside by the appellate assistant commissioner or by the income-tax officer under section 146 of the act. the petitioner, however, filed the returns for the years 1959-60 to 1965-66 before the seizure of books by the c. b. i. ..... penalty proceedings under section 271(1)(c) as he had competent jurisdiction under section 125(2) of the income-tax act, 1961.4. the petitioner also made an application under section 154 of the income-tax act to the inspecting assistant commissioner of income-tax, range-i (central), calcutta, and the said application was rejected ..... the inspecting assistant commissioner to impose penalty if prima facie the income-tax officer is satisfied under section 271(1) of the new act and that sub-clause (c) the assessee has concealed the particulars of income or deliberately furnished inaccurate particulars of such income for the .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-29-1991
Reported in : AIR1992Cal250,(1992)1CALLT335(HC),76CompCas292(Cal)
..... any other source. it appears to us that the legislature was consciously making a distinction in respect of industrial undertak-ings 'which are companies' within the mean-ing of the indian companies act and industrial undertakings 'which are owned' by the companies concerned. otherwise, there would have been no reason for including sub-clause (e) in s. 18b(1). there would ..... liquidator was merely an agent or administrator for and on behalf of the company. tn this context, mr. chatterjee also referred to the provisions of s. 481 of the indian companies act, 1956, which provides that when the affaris of a company have been completely wound up, or when the court is of the opinion that the liquidator cannot proceed with ..... persons authorised to take over the management of an industrial undertaking 'which is a company' would for all purposes be the directors of ihe industrial undertakingduly constitued under the indian companies act, 1913, and would alone be entitled to exercise all the powers of the directors of the industrial undertaking, where such powers were derived from the said ..... held that the three expressions, referred to hereinbefore, and used in the different sections of the industries (development and regulation) act, 1951, all meant the same thing and the intention of the legislature was only to differentiate between companies, partnership firms and proprietary concerns.33. mr. datta further submitted that the undertaking of a company necessarily means the factory of the .....Tag this Judgment!
Court : Kolkata
Decided on : May-16-1991
Reported in : 198ITR122(Cal)
..... in the previous year relevant to the assessment year 1974-75 and, therefore, on the valuation date corresponding to the assessment year 1974-75, the partnership firm was an 'industrial undertaking' engaged in the manufacture or processing of goods so that the exemption under clause (xxxii) of section 5(1) ..... option to renew it for another five years.10. under the lease agreement, benefits of all quota rights, licences, working time agreement of indian jute mills association and membership thereof were given to the lessee. the tribunal held that the income from the lease was business income and also ..... k. lakshmi : 142itr656(mad) , the expression 'in the business' in the explanation to section 5(1)(xxxi) of the wealth-tax act, 1957, defining an industrial undertaking is attributable only to generation or distribution of electricity or any other form of power but not to the subsequent clauses referred ..... the tribunal was drawn to a written submission dated november 19, 1988, filed before the commissioner in proceedings under section 25(2) of the act. it was submitted that the assessee-firm had served notice dated january 25, 1985,on m/s. govardhan viswanath terminating their leave and licence ..... was erroneous and prejudicial to the interests of the revenue. thus, the commissioner of wealth tax initiated proceedings under section 25(2) of the act. in the course of hearing of the proceedings under section 25(2) before the commissioner of wealth-tax, the assessee, inter alia, submitted .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-15-1991
Reported in : AIR1992Cal153
..... the basis of an executable judgment. the facts, in that case, were that the plaintiff, the first defendant's father and two others carried on a partnership business at zanzibar. o. s. nd. 143 of 1909 was filed in the subordinate court of madras east for its dissolution. in the said suit ..... mudaliar v. seetharama chettiar (9) 'as against the judgment-debtor himself or against the legal representatives it has long been held that under the indian processual law, the remedy is only by way of execution of the decree and that no suit could be brought upon the judgment.'29. the case ..... rules 98 and 101 could institute a suit to establish the right to which he claims to present possession of the property. the civil procedure code (amendment) act, 1976 has substituted the said rule 103 of order21 under which such orders are to be treated as decrees, i.e., as adjudications conclusively determined ..... suit in this court for, inter alia, the following interim reliefs:--(a) a temporary injunction restraining the appellants and the respondent no. 3 from acting upon or giving any effect against the respondents nos. 1 and 2 to the said order dated the 4th february, 1986 and further restraining the ..... proceeding subject to question of limitation. in terms of sub-sections (2), (3) (4) of section 13 of the west bengal premises tenancy act the subtenants mentioned therein are necessary parties in eviction proceeding against the tenants as otherwise the decree against the tenants will not be binding on them. .....Tag this Judgment!
Court : Kolkata
Decided on : Sep-03-1991
Reported in : (1992)1CALLT77(HC),1991(2)CHN321,80CompCas81(Cal),1992CriLJ1448
..... c.r. naitghton, air 1941 sind 198, the complainant, on high hopes being held out by the managing director of a business, entered into partnership with him and invested a large sum of money. the complainant had at all times access to the business books and also participated in the ..... and on that ground quashed the impugned criminal proceeding against the petitioners. similarly, this court quashed a criminal proceeding under section 448/427 of the indian penal code, on the ground of suppression of materials within the knowledge of the complainant in the case of ashutosh sarkar v. nathuram das ..... stated, mens rea is one of the essential ingredients of the offences under sections 420, 467, 471 and 477a and section 120b of the indian penal code. except the offence under section 477a all other offences alleged in the complaint are punishable with mandatory imprisonment. by definition section 477a is ..... 20, 1990, issued process against the petitioners and other accused persons under sections 420, 467, 471 and 477a read with, section 120 of the indian penal code.18. mr. roy chowdhury, learned counsel for the petitioners, had contended that the allegations in the petition of complaint are patently absurd and ..... evidence act will certainly be applicable as the judgment relates to matters of a public nature.63. in my opinion, the judgment of the bifr is relevant but not conclusive and binding on the criminal court. it certainly does not bar a criminal trial under section 420 of the indian penal .....Tag this Judgment!
Court : Kolkata
Decided on : Jul-15-1991
Reported in : (1993)1CALLT47(HC),79CompCas90(Cal)
..... 1978 and for other consequential reliefs as stated in detail in the writ petition. it is stated in detail that the petitioner is a registered partnership firm carrying on cold storage business. the plant and machinery were installed and these were extremely sensitive requiring stable temperature. the petitioners proposed to ..... register even if the claim is rejected. the attention of the court has been drawn to section 14(b) of the insurance act. there is also reference of mahabir auto stores v. indian oil corporation : 1scr818 , and jugal kanta pramanik v. state of west bengal  2 clj 137. the scope ..... of india and they are amenable to writ jurisdiction. reference may be made to the latest decision of the supreme court in mahabir auto stores v. indian oil corporation : 1scr818 and kumari shrilekha vidyarihi v. state of u.p., : air1991sc537 . there cannot be any doubt that the remedies are ..... the petitioner has duly communicated the loss and damages. the claims have got to be settled in accordance with law as provided in the insurance act and in the manner as covered by several clauses of the policy. the respondents are certainly instrumentalities of the government and they are certainly authorities ..... he has drawn the attention of the court to shashi kumar agarwal v. union of india, : air1985all183 and to section 4(b) of the insurance act. it is argued that first part is directed (sic) and not the second part if the insurance company does not repudiate the claim. there is .....Tag this Judgment!
Court : Kolkata
Decided on : Jan-25-1991
Reported in : 190ITR418(Cal)
..... 1959-60 beyond the period of four years ?'2. the facts leading to this reference are in a narrow compass. the assessee is a partnership firm which has been assessed in the status of an unregistered firm for the assessment year 1964-65. a long-term capital loss of rs. ..... carried forward under this section for more than eight assessment years immediately succeeding the assessment year for which the loss was first computed under . . . the indian income-tax act, 1922 (11 of 1922). (b) no loss referred to in sub-clause (ii) of clause (a) of subsection (1) shall be carried forward ..... the amount thereof not so set off shall be carried forward to the following assessment year and so on ... (b) notwithstanding anything contained in the indian income-tax act, 1922 (11 of 1922), any loss computed under the head 'capital gains' in respect of the assessment year commencing on the first day of ..... parliament, if any capital loss is determined for the assessment year 1961-62 or any earlier assessment year, whether under the indian income-tax act, 1922, or under the income-tax act, 1961, the assessee is entitled to have the capital loss carried forward for subsequent eight assessment years, in other words, ..... finance minister, in introducing the finance (no. 2) bill, 1962, stated thus :'under section 24(2b) of the indian income-tax act, 1922, corresponding to section 74 of the 1961 act, losses in respect of capital assets could be carried forward for eight years. losses which have been or will be assessed .....Tag this Judgment!
Court : Kolkata
Decided on : Mar-20-1991
Reported in : 199ITR401(Cal)
..... to discharge the onus that lay upon it under the said explanation ?' 2. the facts, inter alia, are that the assessee is a registered partnership firm. the assessment year involved is 1972-73 relevant to the accounting year ending on december 31, 1971. for the aforesaid year, the assessee ..... -61 on a total income of rs. 86,114. thereafter, the assessee filed a disclosure petition under section 271(4a) of the income-tax act, 1961, before the commissioner on february 28, 1967, admitting that cash credits introduced in the books in various names in differentyears including the assessment ..... of profit in the cases of other liquor contractors. penalty proceedings were initiated against the respondent under section 271(1)(c) of the income-tax act, 1961, and the inspecting assistant commissioner levied a penalty of rs. 8,300. the tribunal, however, cancelled the penalty holding that the respondent ..... the tribunal upheld the levy of penalty and dismissed the appeal.8. the assessee thereafter made an application under section 256(2) of the income-tax act whereupon the aforesaid questions have come up for determination.9. we, however, reframe question no. 1 as follows :'(1) whether there was no ..... income-tax officer.'6. the income-tax officer also initiated proceedings under section 271(1)(c) read with section 274(2) of the income-tax act and referred the matter of imposition of penalty to the inspecting assistant commissioner. the inspecting assistant commissioner, as per order dated may 30, 1979, .....Tag this Judgment!