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Judgment Search Results Home > Cases Phrase: indian partnership act Court: punjab and haryana Year: 1970 Page 1 of about 9 results (0.047 seconds)

Oct 20 1970 (HC)

Commissioner of Income-tax Vs. Ferozepur Ice Manufacturers' Associatio ...

Court : Punjab and Haryana

Decided on : Oct-20-1970

Reported in : [1972]84ITR607(P& H)

..... determination of the question of law referred to us, the only point that needs consideration is whether the association formed by the ice manufacturers is a ' partnership' within the meaning of section 4 of the indian partnership act or a mutual association brought about to safeguard their interests and it did not carry on any trade or business activity and thus earn any income ..... the association formed by the ice manufacturers in the present case was not a partnership concern, as it was not carrying on any business activity within the meaning of section 4 of the indian partnership act, and as such it was not liable to be taxed under the indian income-tax act, 1922. the answer to the question referred to us is, therefore, in the affirmative ..... , profits and gains as alleged by the assessee. ' partnership' has been defined in section 4 of the partnership act, which says:' partnership is the relation between persons who have agreed ..... getting interested in other concerns for the manufacture and sale of ice : held, that, on the facts, the test of partnership was fully satisfied in this case and the partnership was entitled to be registered under section 26a of the indian income-tax act, 1922. ' 18. it is clear from the head-note itself reproduced above that in that case the firm was itself .....

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Feb 26 1970 (HC)

Hoshiarpur Electric Supply Co. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Feb-26-1970

Reported in : [1971]79ITR164(P& H)

..... this act gives the definition of partnership as the relation between persons who have agreed to share the profits of a business ..... counsel for the assessee has been that every time there was a new and an independent partnership, and the last partnership, that is, the assessee, stands by itself, not being a continuation of any of the previous partnerships. the learned counsel has referred to the provisions of the indian partnership act, 1932 (9 of 1932), in support of this part of his argument. section 4 of ..... carried on by all or any of them acting for all, and collectively the partners are called ..... the business of. generation and distribution of electricity in the town of hoshiarpur and its suburbs. a copy of this partnership deed has not been produced. on the same date they made an application under section 3 of the indian electricity act, 1910 (act 9 of 1910), to the punjab state government for the grant of a licence for the purposes for which they .....

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Dec 21 1970 (HC)

Commissioner of Income-tax Vs. Hans Raj and ors.

Court : Punjab and Haryana

Decided on : Dec-21-1970

Reported in : [1972]85ITR422(P& H)

..... import the definition of the word 'person' occurring in section 3(42) of the general clauses act, 1897, into section 4 of the indian partnership act will, according tolawyers, english or indian, be totally repugnant to the subject of partnership law as they know and understand it to be. it is in this view of the matter ..... that it has been consistently held in this country that a firm as such is not entitled to enter into partnership with ..... vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918, ?s succeeded in such capacity by another person, the change not being merely a change in the constitution of a partnership, no tax shall be payable by the first mentioned person in respect of the ..... ; (b) to a business, profession or vocation on which income-tax was at any time charged in the hands of a company under the indian income-tax act, 1886 (ii of 1886), or on which income-tax would have been charged in the hands of a company for the assessment year ending on ..... , are as under :'25. (3) where any business, profession or vocation on which tax was at any time charged under the provisions of the indian income-tax act, 1918 (vii of 1918), is discontinued, then, unless there has been a succession by virtue of which the provisions of sub-section (4) have .....

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Feb 26 1970 (HC)

Raja Ram Baru Ram and ors. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Decided on : Feb-26-1970

Reported in : AIR1970P& H361

..... part 1 of k. m. ghosh's commentary on the indian company law (1963 edition) at page 48, after referring to the distinction between a company incorporated by an act of parliament and one incorporated under a royal charter, the author deals with the distinction between an incorporated company and a partnership. it has been pointed out that one of the leading differences ..... ) it should be a company as understood in ordinary law; and (ii) it should be registered under any of the statutes mentioned in clause (e) of section 3 of the act, or incorporated by an indian law. 18. the food corporation of india (referred to as the corporation in this judgment) has, no doubt, been incorporated by the food ..... act, which is an indian law and, therefore, it is beyond dispute that the second ingredient of the statutory definition of 'company' contained in the act stands satisfied in this case. in valiibhai muljibhai soneji's case, air 1963 sc 1890 (supra), mudholkar, j ..... below:--'the expression 'company' means a company registered under the indian companies act, 1882, or under the (english) companies acts, 1862 to 1890, or incorporated by an act of parliament of the united kingdom or by an indian law; or by royal charter or letters patent; and includes a society registered under the society registration act, 1860, and aregistered society within the meaning of the co .....

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Nov 10 1970 (HC)

Commissioner of Income-tax Vs. Jishan Lal Kuthiala

Court : Punjab and Haryana

Decided on : Nov-10-1970

Reported in : [1972]86ITR680(P& H)

..... by the hindu undivided family for the assessment year 1956-57 the assessee declared a loss of rs. 9,447 regarding the family's share in this partnership business. as the assessment of the firm was still pending at that time, the income-tax officer ignored the loss shown by the assessee from this ..... the income-tax officer declined to do so. he took the view that the claim of the assessee was not permissible under section 24 of the indian income-tax act 1922.4. the assessee then preferred an appeal to the appellate assistant commissioner and claimed the set-off with regard to the aforesaid loss. the appellate ..... .r. 710 (s.c.). the commissioner of income-tax being dissatisfied with the decision of the appellate tribunal applied under section 256(1) of the income-tax act, 1961, requiring it to refer the question of law, already stated, for the opinion of this court. that is how the matter has been placed before us ..... against its other business income under section 10 of the said act ?'2. the assessee is a hindu undivided family. it derives income from shares held in certain firms, dividend income, etc. the assessee family had 9 ..... , on the facts and in the circumstances of the case, the tribunal was right in law in holding that section 24(1) of the income-tax act, 1922, did not apply to the assessee's case and that the assessee-family was entitled to set off its share of loss in the unregistered firm .....

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Dec 10 1970 (HC)

Kay Engineering Co. Vs. Commissioner of Income-tax, PatialA.

Court : Punjab and Haryana

Decided on : Dec-10-1970

Reported in : [1971]82ITR950(P& H)

..... in payment of the debts and liabilities of the firm, and to have the surplus distributed among the partners of their representatives according to their rights. section 48 of the partnership act provides for the mode of 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 ..... 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 ..... transfer within the meaning of section 10(2) (vib) of the indian income-tax act, 1922/section 34(3)(b) of the income-tax act, 1961 ?2. whether, in view of the provisions of section 10(2) (vic) (ii) of the indian income-tax act, 1922/section 33(4) of the income-tax act, 1961, on the admitted facts and in the circumstances of the case ..... .the income-tax department had allowed development rebate under section 10(2) (vib) of the indian income-tax act, 1922 (hereinafter called 'the 1922 act'), to the firm up to the assessment year 1961-62 and under section 33 of the income-tax act, 1961 (hereinafter called 'the 1961 act') for the assessment years 1962-63 and 1963-64. no development rebate was allowed for .....

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Jan 08 1970 (HC)

Shiv Dayal Vs. Sohan Lal Bassar

Court : Punjab and Haryana

Decided on : Jan-08-1970

Reported in : AIR1970P& H468; 1970CriLJ1517

..... brothers shiv dayal and kishan chand were joint owners of two firms known as. amin chand and sons and landra engineering and foundry works. these were partnership firms and were engaged in the manufacture and sale of chaff cutters, their parts, etc. the firms were using registered trade marks on the manufactured ..... received creditable information with a view to destroy the evidence of infringement and contravention of the provisions of the trade and merchandise marks act and as well as the indian penal code the accused are about to remove the said goods and articles and if the accused are successful in doing so, the ..... not proper and had been exercised without bearing in mind that a warrant for search is not a mere formality and in fact is a drastic act and the power should be sparingly exercised. these, therefore, appear to be fit cases for accepting the references made by the additional sessions judge and ..... it was mentioned that the complainant apprehended that with a view to destroy the evidence of the infringement and contravention of the trade and merchandise marks act the accused were likely to remove the goods and articles from the office, factory and godown of the firms and if that was allowed to ..... first class, phillaur on 21st may, 1968, under sections 78 and 79 of the trade and merchandise marks act. 1958, and sections 416, 420, 478, 482, 483. 485 and 486 of the indian penal code on the allegations that the accused in those cases were using the infringed trade marks which they .....

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Mar 18 1970 (HC)

Commissioner of Income-tax Vs. S. Raghbir Singh Trust

Court : Punjab and Haryana

Decided on : Mar-18-1970

Reported in : [1971]80ITR515(P& H)

..... firm. the income-tax officer treated the father and the sons as hindu undivided family. on appeal, however, the appellate assistant commissioner accepted their contention that they formed a partnership firm. it is difficult, in these circumstances, to agree that the appellant was a total stranger to the assessment which was under appeal before the appellate assistant commissioner and had ..... treating as a hindu undivided family, passed an order of assessment. on appeal, the appellate assistant commissioner made an order on 11th of august, 1959, allowing registration of the partnership firm and further holding that the business belonged to the firm and, consequently, its income should be excluded from that of the family, and then directed the income-tax officer ..... the income-tax officer treated the father and the sons as a hindu undivided family. on appeal, however, the appellate assistant commissioner accepted their contention that they formed a partnership firm. it is difficult, in these circumstances, to agree that the appellant was a total stranger to the assessment which was under appeal before the appellate assistant commissioner and had ..... j. and it is, therefore, unnecessary to recapitulate them. as the case turns primarily upon the scope and language of the second proviso to section 34(3) of the indian income-tax act, 1922 (hereinafter referred toas 'the second proviso'), it may at the very outset be set down in extenso.'34. (3) no order of assessment or reassessment, other than .....

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Jan 20 1970 (HC)

Panipat Woollen and General Mills Co. Ltd. Vs. Commissioner of Income- ...

Court : Punjab and Haryana

Decided on : Jan-20-1970

Reported in : [1970]78ITR142(P& H)

..... some sort of joint adventure services, while others contribute perhaps capital, land, plant and goods, arranging between themselves (it may be something short of a partnership) that nobody shall get anything until the pool of profits is ascertained, and then they shall divide it up between them in specified proportions. that, it ..... venture and what was shared was the net profits of this joint venture. it is not contended that the agreement in question amounted to a partnership agreement. it is also not the contention that the agreement was a bogus agreement or was entered into to dodge income-tax. the main burden ..... as a deduction on the ground that it was legitimate expenditure to earn profits. the deduction was claimed under section 10(2)(xv) of the indian income-tax act, 1922.4. the matter before us pertains to two accounting years relevant to the assessment years 1956-57 and 1957-58. in order to give ..... claim for deduction of the payment of rs. 37,157 and rs. 73,787, under section 10(1) and section 10(2)(xv) of the indian income-tax act, 1922, in the assessment years 1956-57 and 1957-58, respectively?'2. the assessee is messrs. panipat woollen and general mills co. ltd., kharar ..... held that the amount of rs. 37,157 was an admissible deduction. his order was, however, set aside by the commissioner acting under section 33b of the indian income-tax act, 1922. the commissioner held that this amount was in fact distribution of profits between the assessee and its selling agents after the .....

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