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Judgment Search Results Home > Cases Phrase: indian partnership act Sorted by: old Year: 1973 Page 14 of about 140 results (0.084 seconds)

Dec 05 1973 (HC)

Hindustan Tools Mfg. Co. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Decided on : Dec-05-1973

Reported in : [1976]102ITR174(P& H)

..... lal and shri raj kumar. the share of shri amrit lal is two-thirds and that of shri raj kumar is one-third. the income of the partnership is from the small cutting tools, tape, dies and number sets. the firm filed its return on 22nd july, 1968, declaring income of rs. 26, ..... year 1965-66. goods were detained by the pakistan government during the indo-pak. hostilities. subsequently, the assessee received claim of rs. 28,680.05 in indian currency from the insurance company. the sum of rs. 9,423.33 forms a part of the taxable income of the firm and the balance sum of ..... for the year 1962-63.11. it is apparent that the authorities below did not consider this case keeping in view the relevant provisions of the act and on the other hand without examining the facts and finding out whether there was any conscious concealment or deliberate furnishing of inaccurate particulars of the ..... , this amount was added to the amount already assessed. this led to initiation of proceedings for levy of penalty under section 271(1)(c) of the act and the matter was then referred to the inspecting assistant commissioner who alone dealt with the question of penalty. he issued a show cause notice to the ..... of this income and bring it to assessment. on getting information, the income-tax officer issued a notice under section 148 of the income-tax act, 1961 (hereinafter called 'the act'), on 31st december, 1969. the assessee then filed his return and it was the same as earlier assessed. but to this return, the assessee .....

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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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Dec 07 1973 (SC)

Jamuna Chaudhary and ors. Vs. State of Bihar

Court : Supreme Court of India

Decided on : Dec-07-1973

Reported in : AIR1974SC1822; 1974CriLJ890; (1974)3SCC774; [1974]2SCR609

..... entitled to the benefit of doubt so far as this injury to laldhari is concerned. we have also come to the conclusion that the injured witnesses, who have given specific acts of accused who struck them, could be relied upon to convict particular accused persons. this is the test which the trial court had correctly employed against individual accused persons. we ..... up for trial before the additional sessions' judge of chapra on charges under sections 147, 148, 323, 325, 326, 302/34, 302/149, indian penal code. the appellant jamuna chaudhary was also charged separately under section 302 indian penal code. the prosecution case may be stated as follows : on 15-7-1965 at about 8 a.m. dukhharan koeri, p.w. 22 .....

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Dec 13 1973 (HC)

In Re: Dhanalal Karnawat and anr.

Court : Kolkata

Decided on : Dec-13-1973

Reported in : AIR1975Cal67

..... conditions inter alia as contained in paragraph 19 of the petition.4. the instant application has been made by one vijoy laxmi brothers, a registered partnership firm with whom it is alleged that the trustees had already and prior to the proposed lease in favour of sumanlal parekh and others entered into an ..... to grant long term lease of the said property no. 48, sir hariram goenka street. calcutta. the application was made under section 34 of the indian trusts act. 1882 and after hearing the attorney for the said applicants order was made by me granting leave to the trustees to grant lease of no. 48, ..... in a case reported in air 1941 all 387, the bench decision presided over by the chief justice iqbal ahmad has been that though the indian trusts act does not apply to [public or private religious charitable endowments, but nevertheless the principles underlying the sections served as useful guide. the sections mentioned ..... in the said case were of course sections 44 and 76 of the indian trusts act.7. it does not seem to me that by the mention of section 34 of the indian trusts act in the cause title of the said application any injustice has been done by the said order ..... court had no jurisdiction to pass an order under the same.6. the provisions of section 34 of the indian trusts act are similar to those of section 7 of the charitable and religious trusts act. the impugned order was made on llth april, 1973 on the application where in the cause title mention .....

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Dec 14 1973 (HC)

Narayan Chandra Garai and ors. Vs. Matri Bhandar Pvt. Ltd. and anr.

Court : Kolkata

Decided on : Dec-14-1973

Reported in : AIR1974Cal358,78CWN555

..... served with a writ of summons as a partner apprehended that the plaintiff would eventually seek to hold him liable in execution proceedings on the basis of partnership. he was held to be eligible to be added as a defendant. the facts of the said case, however, are clearly distinguishable from the present ..... been dissented from. both kerr in his work in injunction and halsbury in the laws of england, 3rd edition still rely on the same. no corresponding indian authority has been brought to the knowledge of the court. the circumstances of the present case is not one which would import application of the principles ..... that the defendant no. 2 was interested in disposing of the said property at krishnagar. the said sudhangshu kumar seal and the defendant no. 2 were acting in collusion and conspiracy with one another. the schedules of the alleged agreement for sale and alleged part payment are stated to be false and/or ..... a suit where the addition is considered to be in the interest of justice. in that suit filed on behalf of the partnership by a partner the other partners applied that their names be brought on record to continue the suit on behalf of the ..... case the person concerned was admittedly interested in the defendant firm. moreover, the provisions with regard to partnership are different. the same enable a person to be held liable in execution proceedings on the basis of a partnership. panckridge, j. gave some weight to the consideration that the applicant in that case was interested .....

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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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Dec 19 1973 (HC)

Mahavir Metal Works P. Ltd and anr. Vs. Union of India and anr.

Court : Delhi

Decided on : Dec-19-1973

Reported in : AIR1974Delhi73; [1974]95ITR197(Delhi)

..... a group, the net was cast a little wider, but it was necessary, as any further sub-classification as genuine and non-genuine partnerships might defeat the purpose of the act.'similarly, in the present case, if a presumption were not to be drawn when a transaction is genuine and is to be drawn ..... at page 991, it was argued that there might be genuine partnerships between an individual and his wife and, thereforee, there is no reasonable relation between the classification and the object sought to be achieved at any rate ..... membership of the wife in a firm of which the husband' is the partner and from the admission of the minor to the benefits of a partnership of which such an individual is a partner. this provision was challenged as being contrary to articles 14 and 19(1)(f) of the constitution. ..... untied states and as the title of their report of civil rights in the united states (1947). but the contrast between the american and the indian documents is significant. the former in 1776 in the land of opportunity and affluence puts the rights of the individual above the institution of the government ..... more than rs. 25,000/- only if the transfer is lmade by an instrument registered under the indian registration act. the event which attracts the application of the aact the event which attracts the application of the act is thus the registration of the transfer deed. this event took place after 15th november, was, .....

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Dec 19 1973 (HC)

Mahabir Metal Works Pvt. Ltd. and anr. Vs. Union of India and anr.

Court : Delhi

Decided on : Dec-19-1973

Reported in : ILR1974Delhi617

..... group, the net was cast a little wider, but it was necessary, as any further sub-classification as genuine and non-genuine partnerships might defeat the purpose of the act'.similarly, in the present case, if a presumption were not to be drawn when a transaction is genuine and is to be ..... as being contrary to articles 14 and 19(1)(f) of the constitution. at page 991 it was argued that there might be genuine partnerships between an individual and his wife and, thereforee, there is no reasonable relation between the classification and the object sought to be achieved at any ..... united states and as the title of their report on civil rights in the united states (1947). but the contrast between the american and the indian documents is significant. the former in 1776 in the land of opportunity and affluence puts the rights of the individual above the institution of the ..... of the transfer deed. this event took place after 15h november 1972 when the act came into force. the act was, thereforee, applicable to this transfer even though the ..... not arise. the act applies to a transaction of transfer of immoveable property of the fair market value of more than rs. 25,000.00 only if the transfer is made by an instrument registered under the indian registration act. the event which attracts the application of the act is thus the registration .....

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Dec 22 1973 (HC)

The Commissioner of Income-tax Vs. Mukandas Vishnukumar

Court : Rajasthan

Decided on : Dec-22-1973

Reported in : 1973(6)WLN649

..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income tax act, 1922 (hereinafter called 'the old act') and because as the assessees failed to comply with the said provisions and did not submit, the estimate of advance tax ..... is completed on or after the 1st day of april. 1962 may be initiated and any such penalty may be imposed under this act (new act) in our opinion once the challenge of discriminaton in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after the ..... income tax appellate tribunal, bench 'b' by its order dated march 21, 1969. has referred under section 256(1) of the income tax act, 1961, the following question for answer, namely:whether on the facts and in the circumstances of the case, the tribunal was right in holding that ..... act, 1922 2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas, pradeepkumar and mukandas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....

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Dec 31 1973 (HC)

Y. Laxmi Prasannam Vs. Y. Narasayya and anr.

Court : Andhra Pradesh

Decided on : Dec-31-1973

Reported in : AIR1975AP91

..... exact language used in defining the instrument of partition' in section 2(15) of the indian stamp act, 1899.section 2(15) of the indian stamp act reads thus:--'.... instrument of partition means any instrument whereby co-owners of any property divide or agree to divide such property in ..... two equal shares, was an instrument of partition, requiring to be stamped on non-judicial stamps under section 6 read with article 45 of the indian stamp act.17. before we consider the judicial interpretation given by courts to the definition of an 'instrument of partition' it is necessary to know the ..... exist or not.' the court, accordingly held that the deed though styled as a 'deed of dissolution or partnership' amounted to an 'instrument ofpartition' within the meaning of section 2(15) of the stamp act.14. relying upon the decisions of the madras high court in (1889) ilr 12 mad 198 (fb) ..... partnership.' at the relevant time, section 2(15) of the stamp act, which defined the 'instrument of partition', read thus:'...... an instrument of partition is anyinstrument whereby co-owners of any property ..... partition.'13. in board of revenue v. alla-gappa, air 1937 mad 308 (sb), the facts were: a division of the partnership properties was effected between the partners by means of an award passed by arbitrators, calling the deed, in question, as a 'deed of dissolution of .....

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