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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: gujarat Year: 1973 Page 1 of about 12 results (0.016 seconds)

Jun 28 1973 (HC)

Mrudula Nareshchandra Vs. Controller Estate of Duty

Court : Gujarat

Decided on : Jun-28-1973

Reported in : [1975]100ITR297(Guj)

..... in favour of his legal representatives. 11. we find that these contentions of the learned advocate of the accountable persons suffer from a serious misapprehension as regards the incidence of partnership agreement. 12. sections 14 and 15 of the indian partnership act preclude any partners from claiming any property or any specific share in any property of the firm so long as the ..... partnership subsists and the accounts thereof are not taken. this is because of the community of interest which all the partners have in the properties of the firm. but this does ..... further contended that, on account of the dissolution of the firm resulting from the death of a partner, new rights come into existence as provided by section 46 of the partnership act in favour of his legal representative. according to shri pathak, therefore, extinguishment of the deceased partners and emergence of new rights in favour of his legal representatives show that there ..... , the interest of the deceased extended even to it. as held by the supreme court in k. k. shah v. khorshed banu, section 55 of the partnership act does not provide that goodwill of a partnership firm can be taken into account only when there is a general dissolution of the firm, and not when the representatives of a deceased partners claim his .....

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Nov 02 1973 (HC)

Bhagwanji Devraj Vs. the Union of India (Uoi) and anr.

Court : Gujarat

Decided on : Nov-02-1973

Reported in : (1975)16GLR357

..... or more partners is joint or several liability of each all of the partners. the analogy advanced by mr. shah clearly militates against the provisions of section 25 of the indian partnership act and cannot, therefore, be accepted.14. the next argument which mr. shah has raised before me is that rule 443 is penal in character and that, therefore, it should be ..... oil mills. that proposition submitted by mr. shah is quite correct. however, the liability of a partner must be determined in light of the provisions of section 25 of the indian partnership act to which i have referred earlier. it may be noted at this stage that the petitioner has not ceased to be a partner of shakti oil mills.13. the next ..... of the telephone installed in the name of the firm. the analogy which mr. shah has given does not hold good on account of provisions of section 25 of the indian partnership act. personal liability of a partner is not the liability of all the partners constituting the firm. what section 25 provides is that the liability of a ..... the privy council in bhagwanji a for goculdas v. alembic chemical works co. ltd. and ors. . it has been laid down by the privy council in that decision that a partnership firm, under the indian partnership act, possesses a distinct personality. that observation has been made by the privy council in the context of change in the constitution of the .....

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Dec 18 1973 (HC)

Chhotalal and Co. Vs. Income-tax Officer, Morvi and ors.

Court : Gujarat

Decided on : Dec-18-1973

Reported in : [1976]105ITR230(Guj)

..... short facts giving rise to these three petitions are as follows. the partnership firm is carrying on its business at morvi in rajkot district. all the partners of the partnership firm are indian citizens. the firm is registered under the provisions of the indian partnership act. the firm maintains its books of account on mercantile basis and ..... has adopted samvat year as its accounting year. the relavent assessment year was 1967-68, the accoounting year being samvat year 2022. the registered firm is an assessee under the income-tax act and it being ..... 1967-68. for the relevant assessment year 1967-68 the return of income under section 139(1) of the income-tax act had to be furnished before june 30, 1967. the partnership firm did not make any application to the first respondent for extension of time but under section 139(4) of the ..... applications by this common judgment. the petitioner is special civil application no. 294 of 1972 is a partnership firm which has been registered with the income-tax authorities in accordances with the provision of the act. the petitioners in special civil applications no. 655 of 1972 and 1112 of 1972 are partners ..... act, the partnership firm filed the return and applied for extension of time before the assessment was made and it was done within .....

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Jun 20 1973 (HC)

Shah Purshottamdas Ghelabhai Vs. Commissioner of Income-tax, Gujarat-i

Court : Gujarat

Decided on : Jun-20-1973

Reported in : [1974]96ITR443(Guj)

..... the business shedding its ancestral character and assuming the character of a partnership business. such terms can be found in any agreement of partnership between two or more persons and they are not inconsistent with any of the provisions of the partnership act. in our opinion, therefore, there is no substance in this argument ..... das and his sons of the one part and daulat ram in his individual capacity of the other part and this a partnership owned a certain mill called 'the indian woollen textile mills'. daulat ram had invested rs. 48,000 which was his separate property in the said mills. in the ..... . 25. it was next urged that this case falls within the mischief of the rule enunciated by the supreme court in bhagat ram's case. it was urged that, if the partnership in this case were ..... purpose of assessment to income-tax. by an order dated november 15, 1957, made by the income-tax officer under section 26a of the indian income-tax act, 1922, the firm was granted registration initially for the assessment year 1957-58. as stated earlier, the registration was, thereafter, renewed from ..... assessee, which purports to be a partnership firm carrying on business in cotton textiles, relates to assessment years 1957-58 to 1961-62. the assessee-firm was initially registered for the purpose of assessment to income-tax under section 26a of the indian income-tax act, 1922, in assessment year 1057-58 .....

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Sep 10 1973 (HC)

Commissioner of Income-tax Vs. Ahmedabad Controlled Iron and Steel Reg ...

Court : Gujarat

Decided on : Sep-10-1973

Reported in : (1974)GLR1; [1975]99ITR567(Guj)

..... present case, it must be pointed out that premchand gokaldas, the managing director of the assessee-company, was sought to be prosecuted because he represented the assessee-company in the partnership firm of messrs. kashiparekh brothers. the assessee-company had put forward premchand gokaldas as its nominee and when it incurred the expenditure of rs. 15,420 in defending premchand gokaldas ..... gokaldas defended himself and in this connection the companyincurred an aggregate amount of expenditure of rs. 16,259. the city magistrate, third court, ahmedabad, acquitted all the accused except the partnership-firm and thus premchand gokaldas also came to be acquitted. in the course of his judgment the learned magistrate held that the managing director was only a nominee of the ..... these facts held that the expenses incurred in the civil litigation against the banking concern were of revenue nature and were entitled to deduction under section 10 of the indian income-tax act, 1922. as regards expenses incurred in connection with the criminal case the allahabad high court held that in a company, which is formed for business, all its assets ..... that the amount spent by the assessee-firm, which was a registered partnership firm for the defence of one of its partners in a criminal case for alleged contravention of the provisions of the foreign exchange regulation act, 1947, was not deductible under section 10(2)(xv) of the indian income-tax act, 1922, and the fact that the acquittal of the partner was .....

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Sep 12 1973 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Nanalal Tribhovandas and an ...

Court : Gujarat

Decided on : Sep-12-1973

Reported in : [1975]100ITR734(Guj)

..... same two questions have been referred to us in kalidas nanalal's case also to this high court. 5. under section 34 (1) of the indian income-tax act, 1922, if the income-tax officer has reason to believe as set out in clause (a), or has information in his possession as set out ..... of the hindu undivided family prior to the disruption had joined together with effect from april 12, 1948, to form a partnership to conduct the business of the oil mills in partnership and that the business was being carried on in the same name as before, namely, messrs. nanalal tribhovandas. in the ..... income for the three years 1945-46, 1946-47 and 1947-48. he, therefore, issued notices under section 34 of the indian income-tax act, 1922 (hereinafter referred to as 'the act')' for all these three years. these notices were sent and issued by the income-tax officer for all the three years. they ..... upon by mr. kaji in support of his contention that the income-tax officer, after the order of remand of september 12, 1959, could only act within the four corners of the order passed by the appellate assistant commissioner on september 12, 1959. the three authorities which mr. kaji relied upon ..... of any directions given to him by the appellate assistant commissioner. moreover, the appellate assistant commissioner himself had no jurisdiction under section 31 of the act of 1922 to issue directions which went to the extent of conferring jurisdiction upon the income-tax officer when he was not lawfully seized of jurisdiction .....

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Dec 06 1973 (HC)

Vinodkumar Ratilal Vs. Commissioner of Income-tax, Gujrat Ii

Court : Gujarat

Decided on : Dec-06-1973

Reported in : [1975]100ITR564(Guj)

..... the assessee. it is clear from the facts stated by the tribunal that it was by the virtue of the provisions of section 42 of the partnership act that the firm was dissolved on the death of ratilal ranchhoddas, the deceased-assessee. there was no clause in the ..... 'husband' should not be given its true natural meaning.' 22. in view of this decision of the supreme court it is clear that for the purposes of the indian income-tax act, 1922, we have to proceed upon the footing that the word 'wife' or the word 'husband' or the word 'spouse' for the matter of that occurring ..... k. das j., delivering the judgment of the supreme court, observed : 'now, it is quite clear to us that the treatment of husband and wife in the indian income-tax act, 1922, does not rest on the view that any income enjoyed by one spouse is a benefit to the other spouse; for sub-section (3) of section ..... in commissioner of income-tax v. sodra devi the supreme court had held that the only intention of the legislature in enacting section 16 (3) of the indian income-tax act, 1922, was to include the income derived by the wife or a minor child in the computation of the total income of the husband or the father, ..... so transferred which arose to the assessee's wife could be included in the total income of the assessee under section 16 (3) (a) (iii) of the indian income-tax act, 1922. on these facts the supreme court laid down two principles. while interpreting the provision of section 16 (3), s. k. das j., delivering the judgment .....

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Nov 09 1973 (HC)

Controller of Estate Duty Vs. N.A. Merchant

Court : Gujarat

Decided on : Nov-09-1973

Reported in : [1975]101ITR270(Guj)

..... reassessment must be reflected in the individual assessment of the partner because of the allocation of the share of the profits or the income of the partnership to a particular partner concerned and to the extend to which any rectification became necessary in the assessment of the partner for the relevant year, ..... decisions up to that date : 'where the income-tax officer validly initiates reassessment proceedings by issuing a notice under section 34(1)(a) of the indian income-tax act, 1922, in respect of a particular item he can, during the reassessment proceedings, deal with all items falling under clause (a) though they may ..... and approving their own earlier decision in income-tax officer v. s. k. habibullah held that there was nothing in section 35(5) of the indian income-tax act, 1922, to show that completed assessment of a partner in a firm must take place after april 1, 1952, i.e., the date on ..... a completely new power was conferred on the controller by section 59 and it is comparable to the power conferred by section 34 of the indian income-tax act 1922, which shows that there is a vast distinction between the remedies provided by the old section 62 and the new remedy provided by ..... ., delivering the judgment of the supreme court, has pointed out the scope and nature of the power of reassessment under section 34 of the indian income-tax act, 1922. it is not necessary for the purpose of appreciating these observations to refer to the facts of that particular case but it was .....

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Mar 13 1973 (HC)

H. Mohmed and Company Vs. Commissioner of Income-tax, Gujarat-i

Court : Gujarat

Decided on : Mar-13-1973

Reported in : [1977]107ITR637(Guj)

..... in wheatley v. smithers [1907] 2 kb 684 (ca). as is well-known, under the partnership act, a partner of a trading firm has the implied authority to borrow money on behalf of the partnership firm and the question before the court of appeal was whether a firm of auctioneers, which was carrying ..... of the case, the claim of the assessee to allow rs. 25,127 as revenue expenditure was allowable under the income-tax act, 1961 ?'4. the assessee is a partnership firm and the assessment year is 1962-63, the relevant accounting year being s. y. 2017. the assessee-firm carries on business ..... necessitated because of wear and tear, such expenditure for replacement of these parts can be deducted as revenue expenditure under section 10(2)(v) of the indian income-tax act, 1922. 22. we may point out that in hanuman motor service v. commissioner of income-tax : [1967]66itr88(kar) the mysore high ..... that is not the correct method of working out revenue expenditure. under these circumstances, as the supreme court has pointed out in commissioner of income-tax v. indian molasses co. p. ltd., : [1970]78itr474(sc) , two courses are now open to us. we may either call for a supplementary statement or ..... proceedings in the alternative that the amount laid out was in any event expenditure for current repairs allowable under section 10(2)(v) of the indian income-tax act, 1922; and the supreme court held that the tribunal had evidence before it from which it could be concluded that by introduction the 'casablanca .....

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May 01 1973 (HC)

Chandanben and anr. Vs. the Receivers Appointed by the Baroda Court an ...

Court : Gujarat

Decided on : May-01-1973

Reported in : AIR1974Guj163

..... opponents filed special civil suit no. 166 of 1971 in the civil court at baroda for recovery of rs. 15,500/-, the price of the goods supplied by the insolvents' partnership firm to the present petitioners.3. manharlal nathalal and kantilal nathalal were the partners of the said firm. petitioners are sisters of the said insolvents. insolvency proceeding was filed against ..... court had exclusive jurisdiction to grant that relief and towards the granting of that relief the insolvency court had further jurisdiction under the provisions of section 4 of the same act to decide questions of title and other questions necessary for the determination of the dispute. when the insolvency court had exclusive jurisdiction to determine those questions under sections 4 ..... the receiver and may be annulled by the court.'in the instant case, there is no question of avoidance of any such voluntary transfer.8. similarly, section 54 of the act deals with 'avoidance of -preference in certain cases'. it reads:'54 (1) every transfer of property, every payment made, every obligation incurred and every judicial proceeding taken or ..... the calcutta high court in shree shree radhakrishna thakur v. the official receive : air1932cal642 , has observed:'the words of section 4 of the indian provincial insolvency act are, if at all, wider than those of section 105, clause (1) of the english bankruptcy act, 1914. the word 'title' is expressly mentioned in section 4. the expression 'subject to the provisions of the .....

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