Court : Delhi
Decided on : Dec-24-1970
Reported in : AIR1971Delhi198
..... the dues may be recovered 'from all these connected with business of nanak singh and company'. enquires thereafter revealed the existence of the sub-partnership referred to above in which the petitioners as stated earlier were partners with nanak singh. respondent no. 3 also received a copy of a ..... them were, thereforee, taken by respondent 1 and 2. a certificate in the prescribed form was issued by the collector under the revenue recovery act (act 1 of 1890) and was sent to respondent no. 3, the district collector and recovery officer for initiating the necessary proceedings. respondent no. ..... them to nanak singh.5. after hearing the learned counsel for the parties i think there is merit in this objection. the punjab excise act, 1914 (act 1 of 1914) as applied to delhi, it was not disputed before me, contains the law regulating, amongst others, manufacture, sale and intoxicating ..... institute a suit in a civil court. shri kirpal urged that the petitioners had the alternative remedy provided by this provision and relief under act. 226 of the constitution should not be allowed to them. the argument cannot be accepted firstly because according to section 78 the person ..... ,290/- from the petitioners in the two petitions. in these circumstances both the petitioners have come up to this court with petitions under act 226 of the constitution praying that the recovery proceedings initiating that the recovery proceedings initiated against them being wholly illegal and not sustainable in law .....Tag this Judgment!
Court : Mumbai
Decided on : Nov-12-1970
Reported in : 81ITR34(Bom); 1971MhLJ455
..... of the hindu family constituted themselves into a new firm of 7 partners, including therein his wife, smt. sodradevi daga, and his sons. that new partnership deed is dated october 24, 1945, though the new firm was stated to have been constituted from october 18, 1944, for a period of five years ..... seth narsingdas daga and seth ramnath daga purchased the assets of the firm from the four partners for a sum of rs. 26,11,042. this partnership of two partners continued till october 18, 1944, when the firm was again dissolved and all its assets were purchased by seth narsingdas daga, one of ..... court indicated the true construction of section 10(2) (xv) in the following words : 'under section 10(2) (xv) of the indian income-tax act, as amended by act 7 of 1939, expenditure even though not directly related to the earning of income may still be admissible as a deduction. expenditure on civil ..... that was a case where expenses were claimed for preparation of agricultural income-tax returns under the kerala agricultural income-tax act, 1950. as the language of that act and the indian income-tax act is not the same, the words which fell to be construed in the kerala case were 'for the purpose of ..... we turn to the controversy upon the decisions, it is well that we should examine first the statute itself. the relevant portion of section 10 of the indian income-tax act, 1922, runs as follows : 'business - (1) the tax shall be payable by an assessee under the head 'profits and gains of business, .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jan-20-1970
Reported in : 78ITR142(P& H)
..... some sort of joint adventure services, while others contribute perhaps capital, land, plant and goods, arranging between themselves (it may be something short of a partnership) that nobody shall get anything until the pool of profits is ascertained, and then they shall divide it up between them in specified proportions. that, it ..... venture and what was shared was the net profits of this joint venture. it is not contended that the agreement in question amounted to a partnership agreement. it is also not the contention that the agreement was a bogus agreement or was entered into to dodge income-tax. the main burden ..... as a deduction on the ground that it was legitimate expenditure to earn profits. the deduction was claimed under section 10(2)(xv) of the indian income-tax act, 1922.4. the matter before us pertains to two accounting years relevant to the assessment years 1956-57 and 1957-58. in order to give ..... claim for deduction of the payment of rs. 37,157 and rs. 73,787, under section 10(1) and section 10(2)(xv) of the indian income-tax act, 1922, in the assessment years 1956-57 and 1957-58, respectively?'2. the assessee is messrs. panipat woollen and general mills co. ltd., kharar ..... held that the amount of rs. 37,157 was an admissible deduction. his order was, however, set aside by the commissioner acting under section 33b of the indian income-tax act, 1922. the commissioner held that this amount was in fact distribution of profits between the assessee and its selling agents after the .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-21-1970
Reported in : AIR1971SC33; 78ITR26(SC); (1970)2SCC355; 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 .....Tag this Judgment!
Court : Kerala
Decided on : Jun-24-1970
Reported in : AIR1971Ker261
..... persists as the norm, strong reasons why custom should be against divorce, except in somewhat extreme cases. i take this view because i regard marriage not primarily as a sexual partnership, but above all as an undertakingto co-operate in the procreation and rearing of children.'the law of the marumakkathayees provides a large licence for divorce but actual experience allays ..... of the maintenance by her husband.'this observation was extracted, with approval, in the sind decision and the ancient texts, traditions and fatwaas were adverted to for holding that the indian hanafis had all along allowed divorce for simple failure by the husband to maintain his wife. the most compelling argument in the sind ruling runs thus:'the muslim marriage differs ..... the touch of modernity about this provision; for, the features emphasised are precisely what we find in the civil marriage laws of advanced countries and also in the special marriage act, act 43 of 1954. religious ceremonies occur even in muslim weddings although they are not absolutely essential. for that matter, many non-muslim marriages, (e.g. marumakkathayees) also do not ..... the khulaa device of delayed dissolution operated under judicial supervision. the social imbalance between the sexes will thus be removed and the inarticulate major premise of equal justice realised,19. act 8 of 1939 does not abrogate the grounds already available to a woman and section 2(ii) is clearly a statutory preservation of prior islamic rights. i have dilated .....Tag this Judgment!
Court : Andhra Pradesh
Decided on : Oct-23-1970
Reported in : 83ITR58(AP)
..... who could be given a reasonable opportunity contemplated by this sub-section. nor could there be any partners in a hindu undivided family. unlike in a partnership firm, there are no partners in a hindu undivided family. consequently, it is impossible to satisfy the provisions of sub-section (3) giving an ..... with assessment of an assessee, section 25 provides for the assessment in cases of discontinued business. likewise, section 25a which was inserted by the indian income-tax (amendment) act, 1928, is concerned with the assessment after partition of a hindu undivided family. its effect is that a hindu undivided family, which was ..... 31 i.t.r 867 (a.p.) in which it was held that an order imposing penalty under section 28(1)(c) of the indian income-tax act upon a hindu joint family after it had disrupted, and the disruption was accepted under section 25a(1) is invalid, because there is a ..... the learned judges stated that:' section 44 of the income-tax act makes applicable all the provisions of chapter iv of the act (one of the sections of which is section 28) to an assessment in the case of a partnership which has discontinued its business, and in such an assessment the ..... preferred from the order of the appellate assistant commissioner.2. before completing the assessment, proceedings under section 28(1)(c) of the income-tax act were started against the assessee and as the income-tax officer found that the assessee had deliberately suppressed true particulars of the income, he levied .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-20-1970
Reported in : 77ITR140(Bom)
..... as a continuing security for all moneys, indebtedness and liabilities of the company to the financiers ......' 11. clause 21 provided: 'nothing herein contained shall create a partnership between the company and the financiers .....' under clause 22, the agreement was to be for 10 years from the date of the agreement. under clause 23, the ..... the extent of rs. 10,00,000, the company made the first agreement of finance dated august 29, 1953, with khushalbhai patel & sons, a partnership firm carrying on business in bombay. in connection with the arguments advanced on both sides, details of various clauses in the agreement will require to be noticed ..... shall as and when required by the financiers give anirrevocable power-of-attorney ..... to do and execute for and on behalf of the company all such acts, deeds and things as the financiers may require the company to do from opening letters of credit, clearing and selling the goods, endorsing insurance policies and ..... 5. from october, 1955, the company contended that the agreements were extortionate, unconscionable and illegal and offended the provisions of the bombay money lenders' act and the usurious loans act. on march 25, 1956, the company instituted suit no. 87 of 1956, inter alia, for a declarationthat the above three agreements and the power ..... k.k. desai, j. 1. in this reference under section 66(1) of the indian income-tax act, 1922, the question referred to us is as follows : 'whether the claim of the applicant to deduct the sum of rs. .....Tag this Judgment!
Court : Karnataka
Decided on : Jan-08-1970
Reported in : AIR1970Mys201; 1970CriLJ1116; (1970)2MysLJ138
..... court followed the above mentioned decision of the supreme court and held that in a prosecution under section 494, indian penal code read with section 17 of the hindu marriage act, the prosecution must establish that the essential ceremonies for a valid marriage were gone through by the accused.8 ..... the purpose of proving marriage in an adultery of bigamy case and that where, therefore, in prosecution for offences under section 494/109 indian penal code the evidence of the witness called to prove the marriage ceremonies, showed that the essential ceremonies had not been performed, the ..... the required two essential ceremonies had not been performed, their lordships set aside the conviction of the accused for an offence under section 494, indian penal code.6. again in : 1966crilj472 their lordships have reiterated what had beenlaid down in the earlier decision. their lordships held that in ..... balaji singh at bangarapet on 11-5-1967, the complainant therefore charged the accused with having committed an o0ence of bigamy under section 494, indian penal code.3. shri m. v. devaraju, learned counsel appearing on behalf of the petitioner has contended that the complainant has not established ..... to be 'solemnised'. it is, therefore, essential for the purpose of section 17 of the act, that the marriage to which section 494, indian penal code, applies on account of the provisions of the act, should have been celebrated with proper ceremonies and in due form. merely going through certain ceremonies .....Tag this Judgment!
Court : Mumbai
Decided on : Apr-28-1970
Reported in : 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 .....Tag this Judgment!
Court : Mumbai
Decided on : Jan-01-1970
Reported in : 121CompCas374(Bom); 56SCL665(Bom)
..... the courtof appeal reversed that decision on three grounds,the one relevant here being expressed thus by lorddenning m.r.'this group is virtually the sameas a partnership in which all thethree companies are partners. theyshould not be treated separately soas to be defeated on a technicalpoint. they should not be deprivedof the compensation which ..... stated that the share holders agreementsare not enforceable. according to mr.chagla thisis a clear evidence of the malafides on the part ofthe indian shareholders. he submitted that theindian promoters have acted in complete breach notonly of the utmost good faith expected betweenthe partners, but with ulterior motives and signedthe impugned agreement without approval of ..... and shall not be violated, includinginter alia that there shall be a cap of 49% offoreign equity and the management control of thecompany shall remain with the indian shareholders.48. further the guidelines dated3l.7.l997 issued by the central government provideas follows:'(iii) preference shareholders shall beincluded as foreign direct equityfor the purposes of ..... and btal(blue tooth). a number of e-mails were exchangedbetween the parties in respect of various optionsadverted to earlier. committee was constituted withequal representatives of the indian shareholdersand foreign shareholders to consider and evaluateproposals for merger and to submit itsrecommendation. foreign investors were keptappraised of the position by circulating statusnotes in respect of each .....Tag this Judgment!