Court : Supreme Court of India
Decided on : Aug-16-1973
Reported in : AIR1973SC2585; 93ITR233(SC); (1974)3SCC349; 1SCR391
..... or individuals forming an association of individuals because in such cases though they are not eo nomine parties they could be deemed to be represented by the huf, partnership or association before the relevant income-tax authority. such is not the case with regard to these individuals because no huf was before the concerned income-tax authority- ..... commissioner the income-tax officer issued notices under section 34 to all the 13 persons in april 1954 after obtaining the commissioner's approval. by that time the indian income-tax (amendment) act, 1953, which among other things amended section 34(3), had come into effect on 24-5-1953 but had retrospective effect from 1-4-1952. the ..... also the second question was referred to the high court.5. before the high court a contention was raised on the basis of the provisions of the indian income-tax (amendment) act (i of 1959) that notices issued and the action taken in the present cases could not be called in question on the ground that the period ..... the case of the appropriate h.u.fs. and having regard to the second proviso to section 34(3) as amended by section 18 of the indian income-tax (amendment) act, 1953 the reassessment made by the income-tax officer on 31-1-1955 in the case of any one or more of the assessees is governed by ..... a. alagiriswami, j.1. sixteen persons constituted a partnership firm known as m/s. narayandas kedarnath under an agreement dated 19-5-1930. out of the said 16 persons three were outsiders and thirteen were members .....Tag this Judgment!
Court : Kerala
Decided on : Aug-17-1973
Reported in : (1974)IILLJ206Ker
..... clearing and forwarding agents and as stevedores, to his brothers who formed themselves into a separate and independent partnership under the name and style of the cochin lighterage corporation for taking over the business transferred. that firm had been registered under the indian patnership act. the cochin lighterage corporation, which, for brevity, we shall refer to it as the 'corporation' hereafter, took over ..... decision that had been rendered by the special court was a bar. the case dealt with the question of apportionment of compensation in a land acquisition matter; the district judge acting as the special court in land acquisition matters having decided on the apportionment earlier on a particular basis. the question again arose before a civil court in a suit for ..... of such parties. it was not suggested that the workmen had executed powers-of-attorney in favour of the secretary authorising him to make and do such appearances, applications and acts on behalf of them before a civil court. in the absence of any such authorisation, they were incompetent to respect the workmen. the only other provision in the code of ..... a union to do so. the only statutory provision to which advertance need be made-no other provision was brought to our notice-is section 36 of the industrial disputes act, 1947. a reading of this section would clearly show that this section would not enable a union to represent the workmen in a civil action before a court of law .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-17-1973
Reported in : 101ITR602(All)
..... of the family. it was claimed that with effect from 1st april, 1965, the business which had been carried on by the hindu undivided family was taken over by a partnership firm. in support of the claim reliance was placed upon the entries in the books of accounts and a deed of partition dated 1st april, 1965. the claim was rejected ..... family of sri govind narain, even after the complete partition in 1952, in the joint family styled lakshmi narain govind narain within the meaning of section 25a of the indian income-tax act, 1922?' 5. one of the grounds upon which the assessee's claim for partial partition was resisted by the department was that his widowed mother, radha devi, was also ..... assessee and against the department. the assessee will get his costs which we assess at rs. 200. 4. in the connected applications under section 256(2) of the income-tax act, 1961, the commissioner of income-tax has prayed for a direction to the tribunal to refer the following additional question : 'whether, on the facts and in the circumstances of the ..... r.l. gulati, j. 1. this is a consolidated reference for the assessment years 1965-66 and 1966-67 under section 256(1) of the income-tax act, 1961. 2. the assessee, sri govind narain, was assessed to income-tax in the status of an individual up to the assessment year 1963-64. during the assessment proceedings for .....Tag this Judgment!
Court : Kerala
Decided on : Aug-17-1973
Reported in : 97ITR676(Ker)
..... of the assessment for the next two years, 1961-62 and 1962-63, got information that a firm, kohinoor mills, was not a genuine partnership but was the sole proprietary concern of the assessee, and that the whole of the income from that concern belonged to him. the income-tax ..... prior approval of the inspecting assistant commissioner, ernakulam, i impose a penalty of rs. 10,000 under section 28 (1) (c) of the indian income-tax act, 1922.'no doubt, the appellate assistant commissioner considered the credits in seriatum. but he also, relying on the order of the appellate tribunal in the ..... the facts and circumstances of the case, the appellate tribunal was correct in holding that the provisions of section 28 (1) (c) of the indian income-tax act, 1922, applied to the applicant?'the assessment for the assessment year 1959-60 was completed by the income-tax officer as per his order dated ..... year 1959-60. the additional income-tax officer imposed a penalty of rs. 10,000 under section 28(1)(c) of the indian income-tax act, 1922 (in brief 'the act'). this was confirmed by the appellate assistant commissioner. the imposition of penalty was upheld by the tribunal, but the quantum of penalty ..... in further appeal by the assessee against the assessment order.during the assessment proceedings, the income-tax officer issued notice under section 28 (3) of the act on august 15, 1960. the assessee by annexure 'a' reply, dated september 15, 1960, repudiated the charge that he has concealed the particulars .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Aug-18-1973
Reported in : AIR1975AP113
..... 8-1964 and his legal representatives viz. his mother and his widow, defendants 4 and 5 along with the erstwhile partners constituted themselves into a partnership firm under the same old name and took over all the assets and liabilities of the previous firm and continued with the bank the previous dealings ..... interest prevailing at that time and the advantages which the debtor would derive from the loan.a debtor would get relief under the usurious loans act only if it is established that the transaction is substantially an unfair one. it is true that the explanation introduced by the madras amendment has ..... (air 194? fc 57), patanjali sastri, j. (as he then was) held that'in order to be entitled to the benefit of the usurious loans act 1918, the appellant must establish.(1) that the interest payable on the loans is excessive; and(2) that the transaction was, as between the parties thereto, ..... for the appellants that ex facie the rate of interest charged is excessive and under explanation (1) to section 3(1) of the usurious loans act a presumption arises that the transaction was substantially unfair and the court is bound to reopen the transaction and relieve the debtor of the liability to ..... excessive rate without reference to the several circumstances enumerated in clauses (a), (b) and (c) of sub-section (2) of section 3 of the act.(4) in determining whether the rate is reasonable or not, the court has to take into consideration the following circumstances. (a) the value of the security .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Aug-22-1973
Reported in : AIR1973SC2572; (1973)2SCC608; 1SCR453; 1973(5)LC872(SC)
..... in his legal representatives continuing the suits. counsel argued that under section 43 of the indian partnerships act, it, was open to bakshi ram to dissolve the partnerships by giving notice to the other partners as the partnerships were partnerships at will arid that clauses 14 and 15 of the partnership agreement have nothing to do with the competency of one of the partners to dissolve the ..... .20. counsel for the appellants relied on the ruling in clive mills ltd. v. swalal jain : air1957cal692 . and submitted that there are material differences between the english arbitration act and the indian arbitration act and therefore the decision of the house of lords might not be a safe guide.' we do not think that there is any material difference in the language of ..... these persons as carrying on business in the names of the firms.4. order 30 rule 4 of the civil procedure code provides that notwithstanding anything contained in section 45 of the indian contract act, 1872, two or more persons may sue or be sued in the name of a firm under the foregoing provisions and if any of such persons dies, whether before ..... for rendition of accounts against the other two partners in the subordinate judge's court at jullundur. the defendants in the suits filed applications under section 34 of the indian arbitration act for stay of the trial of the suits on the ground that the court had no jurisdiction to proceed with the trial in view of the clause for arbitration in .....Tag this Judgment!
Court : Rajasthan
Decided on : Aug-22-1973
Reported in : 102ITR613(Raj)
..... 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 the assessees failed to comply with the provisions of the said section and did not submit the estimate ..... 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 discrimination 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 ..... tax appellate tribunal, delhi 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 ..... act, 1922 '2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas pradeepkumar and mukanddas 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 .....Tag this Judgment!
Court : Orissa
Decided on : Aug-24-1973
Reported in : AIR1974Ori85; 39(1973)CLT1043
..... nayasark, town cuttack, while the suit is really by the plaintiff no. 2, gourisankar lal moda alone, since plaintiff no. 1 being neither a company nor a partnership firm has no juristic entity and associating it with plaintiff no. 2 will not alter the nature of the suit being by plaintiff no. 1, who is the ..... on business in cloth at nayasark, cuttack in the name and style of sankar store, which is plain-tiff no. 1. plaintiff no. 1 is neither a partnership firm nor a company. plaintiff no. 2 on behalf of plaintiff no. 1 placed orders with shewdayal mohanlal of 15, noormal lohia lane, calcutta for one bale ..... of the employees of the defendant. the plaintiff served notice on the defendant under section 80, c.p.c. and under section 78-b of the indian railways act on 9-10-63 demanding payment of the amount in claim in the suit. as the notices were not complied with by the defendant, the present suit ..... averred in the plaint. it is also settled law that in absence of pleadings or issues regarding passing of title under section 23 of the sale of goods act, such a case cannot be decided. for the aforesaid reasons, i am of opinion that the plaintiffs have failed to prove their title to the goods ..... that the loss of the consignment was due to the negligence of the railways. he decreed the suit, relying on the section 27 of the sale of goods act. he held that since the plaintiffs had acquired title to the suit consignment their suit is maintainable in law.5. mr. pal, learned counsel for the .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-24-1973
Reported in : AIR1974All1b
..... then that it is generally not temporary nor terminable at will. in this respect, status is unlike contract. a contract of service or of partnership may be limited in time and terminable at the will of one or more of the parties thereto, but the status of marriage is contemplated ..... be reinstated. this is a special provision under industrial law. this relief is a departure from the reliefs available under the indian contract act and the specific relief act which do not provide for reinstatement of a servant.'the third category of cases of master and servant arises in regard to ..... dismissal.115. in the case of : (1971)illj496sc it was found that under sections 8(2) and 20 of the air corporation act of 1953, the indian airlines corporation was given the power to employ its own officers and other employees to the extent it thought necessary on terms and conditions ..... good law. in this connection a reference was made to executive committee of u. p. state warehousing corporation lucknow v. chandra kiran tyagi : (1970)illj32sc ; indian airlines corporation v. sukhdeo rai : (1971)illj496sc ; bank of baroda ltd. v. jewan lal mehrotra, (1970) 2 lab lj 54 & vidya ram misra v ..... srivastava, before him on behalf of the appellants reliance was placed on executive committee of state warehousing corporation v. chandra kiran tyagi : (1970)illj32sc and indian airlines corporation v. sukhdeo rai : (1971)illj496sc in support of the contention that the division bench decision of this court in 1969 ah lj 621 .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-30-1973
Reported in : 97ITR173(Guj)
..... thereafter the partners can carry forward the apportioned loss under the respective heads in accordance with the provisions of sections 70 to 74 and not the partnership firm. the result would be, as mr. patel rightly pointed out, that if in any particular year a registered firm makes a profit from speculation ..... carried in second appeal before the income-tax appellate tribunal and the tribunal held that the provisions under the income-tax act, 1961, were analogous to the provisions of the indian income-tax act, 1922, so far as carry forward and set off of speculation losses were concerned and hence the ratio of the ..... year under reference is different in each of the four cases which are governed by the provisions of the income-tax act, 1961, and not by the provisions of the indian income-tax act, 1922. the assessment years are different in each case and the figure of carried forward loss is different in each ..... and then to be carried forward. this provision of section 24 (2) so far as the first clause is concerned corresponds to section 73 of the 1961 act. section 75, sub-section (2), corresponds to the proviso to the clause (c) in section 24 (2) because that clause provided : 'provided that ..... . this plea was rejected by the income-tax officer who held that the speculation profit had to be allocated as per the provisions of the act amongst the partners. the assessee carried the matter in appeal to the appellate assistant commissioner who dismissed the appeal and upheld the order of the .....Tag this Judgment!