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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1960 Page 13 of about 129 results (0.143 seconds)

Mar 21 1960 (HC)

Seshasayee Brothers Ltd. Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Mar-21-1960

Reported in : [1961]42ITR568(Mad)

..... case of acquiring and selling any managing agency in return for the receipt of rs. 41,000 could arise of consideration.that the licence which the partnership, of which the assessee company was a member, was a valuable asset and a capital asset in its hands could admit of no doubt. that ..... accepted the contention of the assessee, that in that firm the active partner was ravindra mulraj.there was certainly no evidence to indicate that either the partnership or the assessee company did any business in promoting companies or in obtaining and selling licences for manufacture of products. the tribunal observed in its order ..... the license was surrendered to another group, in which no doubt dharmsey mulraj khatau still figured, and in exchange for the license that was traded in the partnership, got a sum of rs. 1 lakh. ravindra mulraj was in charge of these negotiations. a sum of rs. 18,000 had been expended, and ..... in the negative, whether it is assessable under the head business under section 10 or under the head capital gains under section 12b of the indian income-tax act ?'with reference to the first question, the facts found were that mr. raman who was one of the directors of the assessee firm was deputed ..... of the foreign tour of one of the directors is allowable as a proper deduction from the assessable profits under section 10(2)(xv) of the indian income-tax act ?'2. (a) whether, on the facts and circumstances of the case, the sum of rs. 41,000 received by the assessee company is .....

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Oct 12 1960 (HC)

M.K. Sivagaminatha Pillai Vs. Nataraja Pillai and ors.

Court : Chennai

Decided on : Oct-12-1960

Reported in : AIR1961Mad385; (1961)2MLJ1

..... and his mother kuppammal were trading as partners under the name and style of 'm.k. sivagaminathan' in princess street, bombay. defendants 1 and 2 were carrying on business in partnership in colombo under the name and style of 'jayalakshmi and co.' defendants 1 and 2 borrowed from the plaintiff several sums under hundis drawn on the defendants and made, payable ..... thirty days after sight to the order of the indian overseas bank ltd, colombo. defendants 1 and 2 accepted to pay the amount due under those hundis but failed to pay when they were presented to them on the due ..... 705. the first defendant had filed an affidavit praying for leave to appear and defend the action unconditionally.in that statement he denied that he was carrying on business in partnership with the second defendant and contended that he was not aware whether the bills were duly accepted and that there was no consideration for acceptance of the bills. the leave .....

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Mar 21 1960 (HC)

G. Lakshmi Rajyam Vs. the Commissioner of Income-tax

Court : Chennai

Decided on : Mar-21-1960

Reported in : (1960)2MLJ276

..... to be of revenue nature.17. it was then contended that the gift made by ranganatha das who was not an employer, the employer being the partnership firm, would be more analogous to the case of an admirer making a present under an impulse of the moment by way of appreciation. the ..... in recognition of which the gift was made, had long ago ceased and had been paid for, and (3) that the assessee was employed by the partnership: ranganatha dass was not by himself the employer or the paymaster, and any payment by him could not partake the character of any remuneration for services.10. ..... upheld on appeal by the appellate assistant commissioner, and also by the appellate tribunal. the following question has been referred under section 66(1) of the indian income-tax act.whether the sums of rs. 63,258 and rs. 10,362 received by the assessee during the years ended 31st march, 1952 and 31st march, ..... 1953, respectively, constitute income assessable under the indian income-tax act.3. the principal point for consideration is the nature and character of the receipt of the aforesaid sums by the assessee. if it were held ..... there was a loss in the picture. the agreement to pay a share in the future realisations from the picture was purely a gratuitous and voluntary act on the part of ranganatha das. two months later, he married the assessee. that circumstance, however, is mentioned only to be dismissed as having .....

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Mar 21 1960 (HC)

C. Lakshmi Rajyam Vs. Commissioner of Income-tax, Madras,.

Court : Chennai

Decided on : Mar-21-1960

Reported in : [1960]40ITR340(Mad)

..... held to be of revenue nature.it was then contended that the gift made by ranganatha dass who was not an employer, the employer being the partnership firm, would be more analogous to the case of an admirer making a present under an impulse of the moment by way of appreciation. the ..... in recognition of which the gift was made, had long ago ceased and had been paid for, and (3) that the assessee was employed by the partnership : ranganatha dass was not by himself the employer or the paymaster, and any payment by him could not partake the character of any remuneration for services.in ..... upheld on appeal by the appellate assistant commissioner, and also by the appellate tribunal. the following question has been referred under section 66(1) of the indian income-tax act :'whether the sum of rs. 63,258 and rs. 10,362 received by the assessee during the years ended march 31, 1952, and march 31 ..... , 1953, respectively constitute income assessable under the indian income-tax act.'the principal point for consideration is the nature and character of the receipt of the aforesaid sums by the assessee. if it were held that these ..... there was a loss in the picture. the agreement to pay a share in the future realisations from the picture was purely a gratuitous and voluntary act on the part of ranganatha dass. two months later, he married the assessee. that circumstance, however, is mentioned only to be dismissed as having .....

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Mar 21 1960 (FN)

Flora Vs. United States

Court : US Supreme Court

Decided on : Mar-21-1960

..... , doing business as partners -- one having a 60% and the other a 40% interest in the partnership -- failed in their business, which was then liquidated in bankruptcy. thereafter, based upon the partnership's transactions, the commissioner proposed deficiency assessments in income taxes -- one against the major partner of $6 ..... ): "[congress being in session when the decision of the court in the case of carey v. curtis, 3 how. 236, was made, the following act [the act of feb. 26, 1845] was passed.]" [ footnote 2/8 ] the court recognized that internal revenue collectors, like customs collectors, were required to pay ..... at 92 u. s. 88 -89. [ footnote 2/2 ] the government now seeks to distinguish these two cases because they arose under the revenue act of 1921, act of nov. 23, 1921, c. 136, 42 stat. 227, and because 250(a) of which permitted the taxpayer at his option, to pay the ..... (1915), to have included jurisdiction over suits for tax refunds, as claims "founded upon" the internal revenue laws. the general language of that act, the tucker act, was most evidently not intended to, and did not, impose any new conditions upon the preexisting right to sue (the collector) for the ..... litigate later' will be changed to 'litigate first and pay later.' this principle has never before been departed from." wideman, application of the declaratory judgment act to tax suits, 13 taxes 539, 540. [ footnote 30 ] for some practitioners' views on the desirability of litigating tax cases in federal district .....

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Feb 26 1960 (SC)

Mohamed Dastagir Vs. the State of Madras

Court : Supreme Court of India

Decided on : Feb-26-1960

Reported in : 1960CriLJ1159; (1960)IIMLJ39(SC); [1960]3SCR116

..... for the appellant were m/s. v. l. ethiraj and s. m. cassim. one mr. r. santanam, an advocate who worked in the office of the partnership of m/s. v. l. ethiraj & v. t. rangaswami ayyangar, wrote to the high court office on february 27, 1956, requesting that summons need not be ..... conclusion that the evidence established that the appellant had attempted to bribe the aforesaid deputy superintendent of police. it accordingly convicted the appellant under s. 165a, indian penal code and sentenced him to 6 month's rigorous imprisonment and a fine of rs. 1,000, in default, to undergo further rigorous imprisonment for ..... court that there was no real ground upon which his evidence could be disbelieved. in the circumstances, the high court was entirely justified in acting upon it and setting aside the order of acquittal made by the special judge. 14. lastly, on the question of sentence, it may be ..... in which the bribe was offered, corroboration of his evidence in that respect could hardly be expected. his conduct, however, throughout showed that he had acted in a bona fide manner. after a careful consideration of his evidence and of the circumstances established in the case we entirely agree with the high ..... . mr. kaliyappan made an endorsement on this petition directing the inspector of ramanathapuram circle to send for both the parties and warn them against doing acts which would create a breach of the peace in the village and that this petition was not to be sent to the sub-inspector (p.w .....

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Jan 04 1960 (HC)

Trilok Nath Mehra Vs. Commissioner of Police, Calcutta and ors.

Court : Kolkata

Decided on : Jan-04-1960

Reported in : AIR1960Cal668,64CWN1017

..... although his application for holding a circus show has been turned down, the commissioner of police has granted permission to messrs. a. l. chopra, a partnership firm, to hold the ''czechoslovakian state cirqus' on a part of the maidan adjoining the fort proper. hence this application has been made. with regard ..... legal right', enabling the petitioner to apply for a writ in the nature of mandamus, because such right has been affected. the maidan belongs to the indian union. as a matter of good government, it is allowed to remain as an open-space and constitutes the 'lungs of the city'. hitherto, commercial ..... of others or is not contrary to law.'6. in another part of the judgment, the learned chief justice points out that even if the acts of the executive are illegal, in the sense that they were not warranted by law, no fundamental right of the petitioners had been infringed thereby ..... has also drawn my attention to the provisions of article 298 of the constitution. actually, this article came in by way of the constitution (7th amendment) act, 1956 as a result of the allahabad case mentioned above. it lays down that the executive power of the union, and of each state, shall extend ..... we think that we may reasonably infer that the words 'executive power' in the constitution, have substantially the same meaning as 'executive authority' in the act of 1935 and that it is the superintendence, direction and control of the civil government of a state which is vested in the governor of the state .....

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Jan 04 1960 (HC)

Trilok Nath Mehra Vs. Commissioner of Police and ors.

Court : Kolkata

Decided on : Jan-04-1960

Reported in : 1960CriLJ1436

..... that although his application for holding a circus show has been turned down, the commissioner of police has granted permission to messrs. a. l. chopra, a partnership firm, to hold the ''czechosloyakian state circus' on a part of the maidan adjoining the fort proper. hence this application has been made. with regard ..... legal right', enabling the petitioner to apply for a writ in the nature of mandamus, because such right has been affected. the maidan belongs to the indian union. as a matter of good government, it is allowed to remain as an open space and constitutes the 'lungs of the city'. hitherto, commercial ..... of others or is not contrary to law.6. in another part of the judgment, the learned chief justice points out that even if the acts of the executive are illegal, in the sense that they were not warranted by law, no fundamental right of the petitioners had been infringed thereby ..... has also drawn my attention to the provisions of article 298 of the constitution. actually, this article came in by way of the constitution (7th amendment) act, 1956 as a result of the allahabad case mentioned above. it lays down that the executive power of the union, and of each state, shall extend ..... we think that we may reasonably infer that the words 'executive power' in the constitution have substantially the same meaning as 'executive authority in the act of 1935 and that it is the superintendence, direction and control of the civil government of a state which is vested in the governor of the .....

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Mar 28 1960 (HC)

Gnanam and Sons Vs. Commissioner of Income-tax, Madras.

Court : Chennai

Decided on : Mar-28-1960

Reported in : [1961]43ITR485(Mad)

..... would be applicable if it were assessed on him personally, makes no provision for any deduction form that share in respect of any part of the partnership profits having arisen outside british india. they proceeded to point out the difficulties that would be encountered in determining what part of the income of the ..... bombay :'1. whether the assessment of the share income of the non-resident partner under the second proviso to section 23(5)(a) of the indian income-tax act in the hands of the assessee firm is justified in law ?2. whether the levy of tax at the maximum rate is correct ?'the facts ..... of a person not resident or not ordinarily resident in british india would not be part of his total income within the meaning of the income-tax act. apart from these difficulties, such a contention, in the view of their lordships, would involve reading into the section things which are not there, which ..... the non-residents share of the firms income in assessable and does not render the determination of the taxable income subject to the other provisions of the act. that being so, the department is entitled to consider his share in the firm income as the total income for the purpose of levy of tax ..... firm under the second proviso to section 23(5)(a). in making these assessments, he calculated the tax payable by the application of section 17 of the act, which provides for the levy of the tax at the maximum rate. the assessee, the firm, appealed to the assistant commissioner of income-tax and to .....

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