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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Court: orissa Year: 1987 Page 1 of about 2 results (0.033 seconds)

Sep 24 1987 (HC)

Jayanarayan Kedarnath and anr. Vs. Sales Tax Officer

Court : Orissa

Decided on : Sep-24-1987

Reported in : [1988]68STC25(Orissa)

..... clothes, handloom materials, etc., is a registered dealer under the provisions of the act. it had submitted its return for the assessment year 1974-75 in the usual course in may, 1975. but ..... 1 cannot be sustained. keeping the assessment proceeding incomplete, the assessing authority had no jurisdiction to take recourse to the powers conferred upon him under section 12(8) of the act. 10. the writ application, therefore, must succeed. it is accordingly allowed and the notice in annexure 1 is hereby quashed. in the circumstances, however, i shall leave the parties ..... did not enter into the factual aspect as it was thought not necessary for answering the question. we, therefore, hold that the expression 'escaped assessment' in section 11a of the act includes that turnover which has not been assessed at all, because for one reason or other no assessment proceedings were initiated and therefore no assessment was made in respect thereof ..... section 12(8) of the orissa sales tax act, 1947 (for short, 'the act') be initiated for the period for which the assessment proceeding is pending before the assessing authority ?' is the short and significant question which has come to the fore in this writ application. 2. the facts.--petitioner, which is a registered partnership firm and deals in ready-made garments, woollen .....

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Jul 07 1987 (HC)

Motwani and Company Vs. Commissioner of Income-tax

Court : Orissa

Decided on : Jul-07-1987

Reported in : [1988]170ITR97(Orissa)

..... the applications filed by the assessees and made the references.3. the facts relevant for the present purpose may be shortly stated thus :the assessee, a partnership firm, entered into two agreements on december 14, 1971, with shri jagannath temple managing committee whereby it was permitted to quarry stones, namely, washed gravels ..... under section 10(2)(xv) of the indian income-tax act, 1922, the court, after considering several decisions of courts in india and those in england, concluded that the synthesis attempted by the full bench ..... was entitled to deduct the yearly rent of rs. 6,111 paid to the government as business expenditure under section 10(2)(xv) of the indian income-tax act, 1922, but the department held that it was capital expenditure. the supreme court, on consideration, held that the amount of rs. 6,111 ..... of rs. 5,000 and rs. 35,000 paid to the lessor by the appellant could be deducted under section 10(2)(xv) of the indian income-tax act, 1922. the supreme court held that the payment of rs. 40,000 was capital expenditure and was, therefore, rightly disallowed as a deduction ..... jagirdar and the government each year were revenue expenditure allowable under section 12(2)(xv) of the hyderabad income-tax act corresponding to section 10(2)(xv) of the indian income-tax act, 1922. the court, by its majority view, held that the assessee acquired by his long-term lease the right .....

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