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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1970 Page 6 of about 131 results (0.062 seconds)

Nov 27 1970 (SC)

M.C. Sulkunte Vs. State of Mysore

Court : Supreme Court of India

Decided on : Nov-27-1970

Reported in : AIR1971SC508; 1971CriLJ519; (1970)3SCC513; 1971(III)LC83(SC)

..... to show that the appellant in counter-signing the certificate issued by the medical officer of bidar, p.w. 27, was only doing a professional act by way of private practice and that he was entitled to payment of fees therefore. such a case requires investigation into facts, which were not brought ..... of the proceedings inter alia on the ground that the investigation had not been carried on by a designated officer under section 5-a of the act. the special judge went into the question in some detail and held that on the facts of the case there was administrative exigency to permit the ..... present at the headquarters! further the inspector did not tell him why he and not the high ranking officer mentioned in section 6-a of the act was going to investigate the case. in his cross-examination he stated that he felt that the matter was urgent and the offence was likely to ..... permission to an inspector of police, p. ramarao, to investigate the offence of criminal misconduct of obtaining illegal gratification.3. section 5-a of the act contains certain safeguards from undue harassment of public officers from enquiry by ensuring that the investigation in regard to the offences specified is conducted by a police ..... subsequently the state also filed criminal petition no. 126 of 1965 for enhancement of the sentence on the ground that under section 5(2) of the act the minimum punishment was to be not less than one year unless the court for special reasons thought fit to do otherwise. the reasons given by .....

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Feb 18 1970 (HC)

Commissioner of Income-tax, Bombay City I Vs. Champaklal Dalsukhbhai

Court : Mumbai

Decided on : Feb-18-1970

Reported in : [1971]81ITR293(Bom)

..... as representing his hindu undivided family. it is a matter of intention. there is, however, no express declaration as to intention in the deed of partnership of the fourth firm, nor in any other contemporaneous document when the fourth firm was started. the intention has, therefore, to be ascertained from subsequent ..... was a partner in the firm of messrs. chhaganlal kasturchand in his capacity as the karta and as representing his hindu undivided family. in that partnership capital had to be contributed and both these assessees contributed their shares of the capital from the monies belonging to their respective hindu undivided families. ..... mulchand, he being the assessee in that reference. 13. now, as stated earlier, the fourth firm was started in s. y. 2005. the partnership deed does not provide that any of the partners constituting that firm had to contribute anything by way of capital of the firm and in fact no ..... separate and was not thrown into the common hotchpot, nor even enjoyed by the hindu undivided family and further that there was nothing in the partnership deed of the fourth firm to show that champaklal was a partner in the firm in his capacity as a karta of the hindu undivided family ..... by a common judgment and the parties also have not objected to that procedure being adopted. both the reference are under section 66(2) of the indian income-tax act, 1922. 2. the question of law referred in the first reference is : 'whether, on the facts and in the circumstances of the case, .....

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Aug 11 1970 (SC)

Malegaon Electricity Co. P. Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Supreme Court of India

Decided on : Aug-11-1970

Reported in : AIR1970SC1982; [1970]78ITR466(SC); (1970)2SCC431; [1971]1SCR761

..... question that arose for decision was whether the assessee's failure to include in his return the income of his wife and his minor sons admitted to the partnership of which he was a partner assessable in his hands under section 16(3)(a) (ii) can be considered as a failure to disclose truly and ..... scope of section 34(1)(a). therein this court observed that in the form of return prescribed under rule 19, of the indian income-tax rules, 1922, framed under section 59 of the act, there was no clause which required disclosure of the income of any person other than the income of the assessee, which was ..... included in his total income. nor was the assessee required under section 22(5) of the act, in making a return, to disclose that any income was received by his wife or minor child admitted to the benefits of partnership in a firm of which he was a partner. hence by not snowing the income of ..... the opinion, that the high court should not have and we in our turn will not answer the questions referred under section 66(1) of the act because in our opinion those questions cannot be answered without first deciding whether the part of the sale price received by the assessee amounts to profits under ..... his wife and minor children, the assessee cannot be deemed to have failed to disclose fully and truly all material facts necessary for his assessment within the meaning of section 34(1)(a) of the act. therein .....

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Jul 09 1970 (HC)

Commissioner of Income-tax Vs. Textile Machinery Corporation

Court : Kolkata

Decided on : Jul-09-1970

Reported in : [1971]80ITR428(Cal)

..... provision it follows that this licencedoes not cover the jute mill division of the assessee which is also claimingfor exemption under section 15c of the indian income-tax act, 1922. thisindustrial licence, therefore, is only confined to the steel foundry divisionof the assessee. 47. the statutory complex operating on this point ..... however, concerned with, is not reconstruction of a 'company' but recon-struction of a 'business' under section 15c(2)(i) of the indian income-tax act, 1922. reconstruction of a company with its limited concept is not the same thing as reconstruction of a business. if mr. justice buckley was ..... substance and in form one of out and out sale and the only relation that remained between the partnership and the assessee-company was that the members of the partnership became shareholders in part in the assessee-company and this was held to be not a reconstruction of an ..... industry carried on in one or, more factories by any person or authority including government.'19. the words 'industrial undertaking' in the indian income-tax act, 1922, should, in our view, be interpreted to mean any venture or enterprise which a person undertakes to do and which has ..... existing business and on that ground a division bench of the bombay high court came to the conclusion that th& assessee-company there was entitled to relief under section 15c of the income-tax act .....

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Jul 21 1970 (SC)

L. Hirday NaraIn Vs. Income-tax Officer, Bareilly

Court : Supreme Court of India

Decided on : Jul-21-1970

Reported in : AIR1971SC33; [1970]78ITR26(SC); (1970)2SCC355; [1971]1SCR683

..... as not maintainable the petition which was entertained and was heard on the merits.13. the high court observed that under section 35 of the indian income-tax act, 1922, the jurisdiction of the income-tax officer is discretionary. if thereby it is intended that the income-tax officer has discretion to exercise ..... september 30, 1950 the income was assessed in the hands of hirday narain in the status of a hindu undivided family. section 16 of the indian income-tax act, 1922, by sub-section (3)(a)(ii) provides :in computing the total income of any individual for the purpose of assessment there shall be ..... hindu undivided family and liable to tax in the hands of hirday narain by the application of section 16(3) (a) (ii) of the indian income-tax act, 1922.4. hirday narain then applied for rectification of a mistake in the order of assessment which he claimed was apparent from the record. he ..... individual, and to that income, the income of his minor children arising out of the partnership to which they were admitted was liable to be added under section 16(3)(a)(ii) of the income-tax act, and the tax officer was entitled and indeed bound to rectify the assessment when his ..... included--(a) so much of the income of a wife or minor child of such individual as arises directly or indirectly--* * * *(ii) from the admission of the minor to the benefits of partnership .....

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Apr 28 1970 (HC)

Expanded Metal Depot Private Ltd. Vs. Commissioner of Income-tax, Bomb ...

Court : Mumbai

Decided on : Apr-28-1970

Reported in : [1971]80ITR483(Bom)

..... is a private limited company. the relevant assessment year is 1958-59, the corresponding, previous year being s. y. 2013, which ended on 22nd october, 1957. a partnership firm of the name of esoofally abdulhussein & expanded metal depot was carrying on business in zinc sheets and expanded metals. on the 1st of august, 1947, the firm dispatched ..... 's claim to the sum of rs. 19,867 (rupees nineteen thousand eight hundred and sixty seven only) is admissible under section 10(2)(xi) of the indian income-tax act ?' 6. the sum of rs. 19,867 mentioned in the question is the aggregate of the said two sums of rs. 17,617 and rs. 2, ..... , claimed that amount form the union of india. the union of india repudiated its liability on the ground that his was the liability of the pakistan government under the indian independence (rights, property and liabilities) order, 1947. on 24th january, 1951, the firm filed a suit, being suit no. 254 of 1951, in the city ..... of law. in the case before us there has been a change of ownership. the fact that the change of ownership has been brought about by an act inter vivos makes no difference as laid down in the case of the bombay hing supply company. although there has been a change of ownership of the business ..... mody, j.1. the question of law arising for consideration in this reference which is under section 66 (2) of the indian income-tax act, 1922, is a short one and it is so far as we are concerned, covered by a judgment of a division bench of this high court .....

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Jun 03 1970 (HC)

Omprakash Agarwalla Vs. Agricultural Income-tax Officer and ors.

Court : Kolkata

Decided on : Jun-03-1970

Reported in : [1972]84ITR340(Cal)

..... on an assessee deriving income from growing and manufacturing tea without the assessment of such assessee being completed under the indian income-tax act have been raised in this application. it appears that the bagdogra tea estate was owned and managed by a partnership firm of which maidhandus agarwalla and certain other persons were the partners. it is alleged in the petition that ..... derived from operations partly agricultural and partly non-agricultural. section 8(1) enacts that in the case of such mixed income which is chargeable partly under this act and partly under the indian income-tax act, the agricultural income-tax officer shall determine the agricultural income on certain basis as laid down in that sub-section. sub-section (2) of that section deals ..... assessee growing and manufacturing tea and no assessment to agricultural income-tax can be made until and unless the assessment for the corresponding year has been completed under the indian income-tax act.2. in the affidavit-in-opposition it is not denied that the notice under section 24(4) did require the petitioner and/or his predecessor-in-interest to produce ..... estate calling upon it to produce, inter alia, its books of accounts and other records and the certified copy of the assessment order for the corresponding year under the indian income-tax act. the said notice also informed the assessee that failure to comply with any of the terms of the notice would render him liable to prosecution under section 53(1 .....

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Mar 18 1970 (HC)

RoopnaraIn Ramchandra Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Mar-18-1970

Reported in : [1970]78ITR171(All)

..... the reasons stated hereunder, the commissioner of income-tax, uttar pradesh, lucknow, hereby transfers under sub-section (7a) of section 5 of the indian income-tax act, 1922 (xi of 1922), the case particulars of which are mentioned in column 3 of the schedule hereto annexed, to the income-tax officer mentioned ..... set out hereinabove.7. before proceeding to answer the question referred by the tribunal it may be pointed out that under rule 4 of the indian income-tax rules, 1922, the income-tax officer is authorised to grant registration to a firm when he is satisfied as to the conditions ..... j.1. the question submitted by the appellate tribunal for the opinion of this court under section 66(1) of the indian income-tax act, 1922, hereinafter referred to as 'the act', is as follows :'whether, on the facts and in the circumstances of the case, in the appeal under section 30 to ..... , m/s. roop narain ram chandra, kanpur, was constituted as a firm under a deed of partnership dated the 17th of november, 1952. it was accorded registration under section 26a of the act for the two immediately preceding years 1955-56 and 1954-55. for the assessment year under reference, 1956 ..... appeal preferred by the assessee against the order of the income-tax officer, district i(v), refusing to allow registration under section 26a of the act, the appellate assistant commissioner held that for the same reasons the order of the income-tax officer was without jurisdiction. the appellate assistant commissioner, .....

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May 14 1970 (HC)

Chhaganmal Agarwalla Vs. Income-tax Officer, a Ward and ors.

Court : Kolkata

Decided on : May-14-1970

Reported in : [1972]86ITR248(Cal)

..... , dist. iv(3), made an order of assessment under section 23(3) of the indian income-tax act, 1922 (hereinafter referred to as 'the old act'), for the assessment year 1961-62 against the petitioner. on march 31, 1966, an order of assessment was passed against the petitioner's partnership firm, jaswantrai & bros., for the assessment year 1961-62. the respondent no. 1, namely ..... act and not under the indian income-tax act, this argument, however, loses point, because the exercise of a power will ..... . this contention was negatived by the supreme court. hidayatullah j., as he then was, observed :'the patiala income-tax act contained provisions almost similar to sections 5(5) and 5(7a) of the indian income-tax act. sub-section (5) differed in this that the commissioner of income-tax was required to consult the minister-in-charge before taking action under that sub ..... bidi supply company v. union of india, : [1956]29itr717(sc) . did not find place in the patiala act. the commissioner, when he transferred this case, referred not to the patiala income-tax act but to the indian income-tax act, and it is contended that if the patiala income-tax act was in force for purposes of reassessment, action should have been taken under that .....

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Jul 15 1970 (HC)

Jwala Prasad Radha Kishan Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jul-15-1970

Reported in : [1971]79ITR530(All)

..... behalf of the revenue. it was, in fact, not an expenditure at all, much less a capital expenditure. ' expenditure ', as defined by the supreme court in indian molasses co. (p.) ltd. v. commissioner of income-tax : [1959]37itr66(sc) . means money which goes out irretrievably. but here, the assessee was entitled ..... the english income tax act, 1952, specifically provides for allowance of a loss sustained in any trade carried on by a person solely or in partnership. the distinction between loss and expenditure has been indicated by finlay j. in alien v. farquharson ..... return in the shape of profits and the loss suffered by the assessee was a capital loss not allowable under any of the provisions of the act. the bombay high court affirmed the view taken by the tribunal. the supreme court, however, reversed the decision of the high court and ..... the supreme court in badridas daga v. commissioner of income-tax, : [1958]34itr10(sc) . supports this view. under section 10(1) of the act tax is payable on profits and game of a business computed on ordinary commercial principles and deductions must be allowed in respect of losses so connected with ..... society v. styles, [1892] 3 t.c. 185, 188, 189 (h.l.). in the indian income-tax act, 1972, while there is provision for allowability or otherwise of business expenditure in section 10 of the act, there is no express reference to business loss therein. on the other hand, section 341(1) of .....

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