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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1963 Page 10 of about 113 results (0.081 seconds)

Dec 18 1963 (HC)

Badri Narayan Balakishan Vs. Commissioner of Income-tax, Andhra Prades ...

Court : Andhra Pradesh

Decided on : Dec-18-1963

Reported in : [1965]57ITR752(AP)

jaganmohan reddy j. - the income-tax appellate tribunal has referred the following question under section 66(1) of the indian income-tax act, namely, whether on the facts and in the circumstances of the case, the collection as and by way of sales tax was a ..... the balances of purchase moneys due to them, large unpaid balances had been accumulated by the firm. by a clause in the articles of the existing partnership deed it was provided that all unclaimed balances existing on december 31 in the year of account as first arose six years previously should be transferred to ..... provided that, notwithstanding any transfer of such unclaimed balances, all liability subsisting in reference to the balances should continue to be borne by the partnership. by an additional assessment, the firm was assessed to income-tax in respect of the unclaimed balances transferred to the current account of the ..... partnership in a particular year. the firm contended that the unclaimed balances did not at any time become profits or trading receipts, but were ..... it was held :'that the collections by the assessee described as empty bottle return security deposits were not income assessable under section 10 of the income-tax act. the deposits received prior to the amendment, and subsequent to the amendment but in excess of 10 per cent. of the bottles issued, should be treated .....

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May 24 1963 (HC)

Tulsi Dass Jaswant Lal Kuthiala and Others Vs. Income-tax Officer, A-w ...

Court : Punjab and Haryana

Decided on : May-24-1963

Reported in : [1964]52ITR609(P& H)

..... stated that there was no information on the records of the department to show as to when the firm had been registered and even the constitution of the partnership was not known. the petitioner firm addressed another letter dated 11th february, 1956 (annexure 'c-2'), reiterating the position previously taken up with regard to the ..... requests no orders had been made with regard to the same. it was not open to the department to issue any notice under section 34 of the act in view of the various decisions of high courts and the supreme court set out on page 2 of annexure 'e'. it the heading of this letter ..... inform assessee as per letter (to be sent d. c. 439 per regd. post).(sd). i.t.o. a notice was issued under section 34 of the act dated 29th february, 1960 (annexure 'd'), in which it was state :'whereas i have reason to believe that your income assessable to income-tax for the assessment year ..... was required, and the assessee should attend the office on 24th march, 1956. a notice was issued on the same day under section 22(4) of the act in connection with the assessment for the year 1951-52 requiring the production of the accounts ion 24th march, 1956 (annexure 'rb-1'). an extract from the ..... office on 24th march, 1956, for discussion of the issues raised in the letter of the petitioner-firm. a notice was sent under section 23(2) of the act, dated 19th march, 1956 (annexure 'rb'), by the income-tax office,r but this again related to the assessment year 1951-52, saying that there were .....

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Nov 13 1963 (HC)

Uttar Bharat Exchange Ltd. Vs. Commissioner of Income-tax, Delhi.

Court : Punjab and Haryana

Decided on : Nov-13-1963

Reported in : [1965]55ITR550(P& H)

..... purpose of carrying on its business. the building vested in the custodian of evacuee property and the first and second floors were at that time in the occupation of a partnership firm styled s. l. kapur & co., the partners of which were maharaj sahu, feroze-ud-din and a muslim evacuee named sultan ahmad, represented by the custodian. the parties to ..... at rs. 2,500 p.m. for the premises and rs. 3,500 p.m. for the goodwill of the hotel business then being run in the premise by the partnership concern. it was agreed that the assessee-company would carry on the hotel business, but the following clause (1) in the lease deed was inserted for the purpose of enabling ..... falshaw c.j. - in this reference under section 66(1) of the income-tax act, the question formulated by the appellate tribunal for our consideration is :'whether the expenditure of rs. 9,804, rs. 5,199 and rs. 2,914 in the years 1954-55, .....

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Aug 02 1963 (HC)

Bibi Gurdarshan Kaur (Deceased) (Through Legal Heirs) Vs. Commissioner ...

Court : Punjab and Haryana

Decided on : Aug-02-1963

Reported in : [1964]51ITR1(P& H)

..... , the reply of the counsel for the assessee is three-fold :(1) that the usual practice of the department while assessing the partners is a partnership firm is that a return of income showing merely the share of the partner in the firm is enough and it is not necessary to specify the ..... profit and gain is to be specified. the assessee in the return filed by her in column 2 of the form merely indicated her share in the partnership, that is, seven annas in a rupee, but did not specify the amount of profits which accrued to her in lieu of that share. she ..... counsel for the department as relied on a number of authorities for his contention that the return being not a return in accordance with rule 19 of the indian income-tax act, 1922, is not valid return. these authorities are : commissioner of income-tax v. a. r. a. n. chettiar firm, lal mohammed sardar mohammad ..... the decision of the appellate assistant commissioner of income-tax and rejected her appeal. she then moved the tribunal under section 66 (1) of the act for referring the questions of law already stated above for the opinion of this court. this application was allowed and that is how the matter has come ..... income-tax appellate tribunal, delhi bench, has referred the following two questions of law for our opinion under section 66 (1) of the income-tax act, hereinafter referred to as the act :'1. whether, on the facts and in the circumstances of the case, the proceeding initiated under section 34 on november 11, 1954, were in .....

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Mar 17 1963 (HC)

Uppala Peda Venkataramanaiah Vs. First Additional Income-tax Officer, ...

Court : Andhra Pradesh

Decided on : Mar-17-1963

Reported in : [1964]53ITR11(AP)

..... petitioner had shown himself as a partner of two different firms in each of which one of his minor sons was admitted to the benefits of the partnership. in spite of this, the orders of assessment of the father-partner did not take into account the share income of the minor sons. what is ..... by the judicial committee in commissioner of income-tax v. khemchand ramdas (1) [1938] 6 i.t.r. 414 (p.c.).'thought the indian income-tax act nowhere imposes any limit of time within which an assessment under the provisions of section 23 and 29 is to be made and the service of notice ..... commission agency. each of the two minor sons of the petitioner has been admitted to the benefits of one of these two partnerships. it appears that there are also other major partners in each of these firms. the firms have been duly registered under the income-tax ..... drawn my attention to section 155 of the new act. a plain reading of that section shows that it has only prospective operation.in the instant cases proceedings for rectification of the completed assessments of the ..... necessary implication to the contrary, a statute which is not purely procedural can have only prospective and not retrospective operation. there is nothing in the new act which either expressly or by necessary intendment gives it retrospective effect in respect of the proceedings now in question. the learned counsel for the respondent has .....

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Jan 11 1963 (HC)

Muppana Somaraju and Veeraraju Vs. Commissioner of Income-tax, Andhra ...

Court : Andhra Pradesh

Decided on : Jan-11-1963

Reported in : [1964]51ITR131(AP)

..... the assessee claimed that there had been a partition on april 3, 1954, of the business in cigarettes, etc., which was taken over by a partnership concern constituted by the erstwhile members of the family. the income-tax officer, in the course of the assessment proceedings for 1955-56 (assessment year), ..... previous year 1948-49 (assessment year) as regards the income of the two talkies. they also filed an application under section 25a of the indian income-tax act praying for recognising of the partition. the income-tax officer did not recognise the partition and passed an order of assessment for 1949-50 ..... order.the assessee filed in this court i. t. c. m. p. no. 13404 of 1961 under section 66 (2) of the indian income-tax act, praying for a direction by this court to the appellate tribunal to state further facts of the case and to refer two other questions of ..... been treated as a relevant material which the income-tax officer, the appellate assistant commissioner and the tribunal could and should have taken cognizance of and acted upon. it is not contended us that even at least the assessment order dated june 30, 1954, was tendered before the appellate assistant commissioner ..... proceedings.the orders passed by the appellate assistant commissioner regarding 1949-50 (assessment year) are not part of the evidence available before us for being acted upon us. but, in the material available before us, there is a reference to that order. the order of the appellate assistant commissioner dated .....

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Apr 01 1963 (HC)

K. Paramasivam Pillai Vs. Board of Revenue and ors.

Court : Chennai

Decided on : Apr-01-1963

Reported in : [1963]14STC972(Mad)

..... the validity of the assessment orders them selves is doubtful. the canteen does not even appear to be a firm of partnership or registered body. even in the case of the registered bodies like the cosmopolitan club, young men's indian association or the canteen of the integral coach factory, it has been held by this court that their transactions were not ..... the petitioner. the assessment was not made personally against him. it follows, therefore, that no proceedings could be taken under section 24(2)(b) of the madras general sales tax act, 1959, to collect the tax personally from the petitioner, since the liability was not personal to him. the fact that creditors, like the provision shop, who supplied provisions to the ..... the madras general sales tax act, 1959. aggrieved by these proceedings the petitioner, eventually, moved the board of revenue unsuccessfully. he has, therefore, come up to this court, asking to quash the board's order, which ..... of the transactions of tiffin etc., to the members of the canteen, the canteen, represented by its honorary secretaries, was assessed to sales tax under the madras greneral sales tax act, 1939, for the years 1955-56 to 1957-58. for arrears of tax, steps were taken to realise the same from the petitioner personally under section 24(2)(b) of .....

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Sep 13 1963 (HC)

Sona Ana Pana Baulraj Alias Subbiah Nadar and anr. Vs. S.P. Vadivelu N ...

Court : Chennai

Decided on : Sep-13-1963

Reported in : (1964)1MLJ121

..... by exhibit r-13.3. the second petitioner started a firm under the name and style of ' rajan brothers ', which was subsequently transformed into a partnership firm called g.a.k. rajan & co. and the firm carried on business of manufacturing and selling the herbal oil under the name and style ..... has been got over in the allahabad case a.i.r. 1957 all. 633 by observing that the indian legislature in enacting section 9 blindly reproduced the language of the english act. i am unable to accept this argument to get over the clear language of the legislature not only in ..... matter of om parkash . but the latter decision was dissented from in the above allahabad case : air1957all683 . the expression ''legal proceeding' in section 19, indian penal code, has been held to mean a proceeding regulated or prescribed by law in which a judicial decision may or must be given (vide abboy naidu ..... any person knowingly and, or selling goods marked with a counterfeit property or trade mark and found guilty and convicted under sections 482 and 486, indian penal code, as evidenced by exhibit r-12. both the accused preferred an appeal against their conviction. but the conviction and sentence passed againts ..... proceedings. but this would not show that proceedings before this court, though termed as tribunal, are not legal proceedings. section 9 of the old act debars the registration of the names of chemical elements as trade names and it provides that notwithstanding anything in section 24, such registration of names .....

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Sep 27 1963 (HC)

Jaldu Manikyala Row and Others Vs. Commissioner of Income-tax, Madras.

Court : Andhra Pradesh

Decided on : Sep-27-1963

Reported in : [1964]54ITR409(AP)

..... assessee from time of time. the assessee (jaldu manikyala row) was a merchant doing business in timber, tiles, furniture, ironware and hardware in partnership with others and on his own. his business activities were carried on at various places in the andhra area transporting cargo and passengers. he belonged to ..... liable to tax. he ought to have found that the said amount is exempt and not liable under section 4(3)(vii) of the indian income-tax act.(a) the transaction in question was a solitary one and the receipts therefrom casual and non-recurring in nature, wholly unconnected with the regular ..... who had mortgaged the properties nor venkatasubba row and his son-in-law, who were bankers and business men, could possibly claim the benefits under act iv of 1938. ultimately even the application filed by ramaseshyya was dismissed. as for the threatened legislation, if the sword of damocles was hanging ..... the decree in question and the profit arising therefrom did not fall within the exemption contemplated by section 4(3)(vii) of the income-tax act. in the result the assessees appeal was dismissed.however, on the application of the assessee, the appellate tribunal referred the question set out supra ..... . they should have appreciated that the appellant undertook to discharge innumerable creditors of sarvrayudu only as a friendly gesture and that each of these acts does not separately go to build up a trade......'it is clear from the above ground of appeal that for reasons best known to himself .....

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Sep 02 1963 (HC)

Hindustan Metal Works Vs. the Sales Tax Officer and ors.

Court : Allahabad

Decided on : Sep-02-1963

Reported in : [1964]15STC116(All)

..... of the u. p. sales tax act, hereinafter referred to as the act (which is analogous to section 31 of the indian income-tax act, 1922) and rule 68(5) of the u. p. sales tax rules, hereinafter referred to as the rules.3. the petitioner is a partnership firm carrying on business of fabricating and ..... framed by the tribunal in exercise of its authority under section 5a(8) of the indian income-tax act, 1922 a division bench of this court after reproducing section 33, sub-clause (4), of the income-tax act which gives the tribunal the power to pass such orders thereon as it thinks fit, ..... the two cases are wholly incompatible, divergent and different.18. the word 'confirm', prim a facie, connotes the application of the mind and not merely an act which can be automatically performed in the absence of a particular party. in corpus juris secundum, vol. xv, the word 'confirm' in the present tense ..... the tribunal shall submit its award to the government necessarily contemplates the making of the award. neither section 6 nor any other provision in the act provides ho the award is to be made. under section 3(g) however the government has power by general or special order to provide for ..... attempted to be distinguished by mr. gopi nath, the learned junior standing counsel for the department on the ground that section 139 of the english act which was under consideration there had specifically provided for the issue, of the precept to the appellant by the special commissioners. before whom the appeal was .....

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