Court : Supreme Court of India
Decided on : Feb-08-1973
Reported in : AIR1973SC2369; 88ITR432(SC); (1973)4SCC211; 3SCR515
..... that the intention of the legislature was to hit combinations of individuals who were engaged together in same joint enterprise but did not in law constitute partnerships when...we find,...that there is a combination of persons formed for the promotion of a joint enterprise... then i think no difficulty arises whatever in ..... they are directed against the decision of the high court of madras in a reference under section 66(1) of the indian income-tax act, 1922 (to be hereinafter referred to as the act).2. the question of law referred for ascertaining the opinion of the high court was :whether on the facts and ..... fact that they jointly own one or more shares, and jointly receive the dividends declared. those circumstances do not by themselves go to show that they acted as an 'association of persons'.9. but unfortunately for the assessee for the assessment years 1957-58 and 1958-59, they themselves had submitted their ..... the aforesaid decision correctly lay down the crucial test for determining what is an 'association persons within the meaning of section 3 of the income-tax act, and they have been accepted and followed in a number of later decisions of different high courts to all of which it is unnecessary to ..... jointly in their names or even the fact that the dividend was realised together do not go to show that the shareholders or the beneficiaries did act as an 'association of persons'. on the other hand, it is contended on behalf of the revenue by mr. karkhanis that the facts proved .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Apr-23-1973
Reported in : AIR1974SC1357a; 92ITR576(SC); (1974)4SCC847
..... a direction in the nature of mandamus, to the income-tax officer, circle-1, bangalore, to issue to her a tax clearance certificate under section 230(1) of the indian income-tax act, 1961. the respondent was the widow of one mr. j. sattlar, mr. sattlar and another person by name mr. k, s. gandhi were partners of a firm by name ..... valid assessment on mr. sattlar. as seen earlier the assessment in question was made long after the firm was dissolved. by the time the assessments carriage to be made the partnership in question was no more in existence. hence mr. gandhi cannot be considered as the agent of mr. sattlar for the purpose of income-tax assessment, the notice served on .....Tag this Judgment!
Court : Gujarat
Decided on : Sep-12-1973
Reported in : 100ITR734(Guj)
..... same two questions have been referred to us in kalidas nanalal's case also to this high court. 5. under section 34 (1) of the indian income-tax act, 1922, if the income-tax officer has reason to believe as set out in clause (a), or has information in his possession as set out ..... of the hindu undivided family prior to the disruption had joined together with effect from april 12, 1948, to form a partnership to conduct the business of the oil mills in partnership and that the business was being carried on in the same name as before, namely, messrs. nanalal tribhovandas. in the ..... income for the three years 1945-46, 1946-47 and 1947-48. he, therefore, issued notices under section 34 of the indian income-tax act, 1922 (hereinafter referred to as 'the act')' for all these three years. these notices were sent and issued by the income-tax officer for all the three years. they ..... upon by mr. kaji in support of his contention that the income-tax officer, after the order of remand of september 12, 1959, could only act within the four corners of the order passed by the appellate assistant commissioner on september 12, 1959. the three authorities which mr. kaji relied upon ..... of any directions given to him by the appellate assistant commissioner. moreover, the appellate assistant commissioner himself had no jurisdiction under section 31 of the act of 1922 to issue directions which went to the extent of conferring jurisdiction upon the income-tax officer when he was not lawfully seized of jurisdiction .....Tag this Judgment!
Court : Chennai
Decided on : Nov-19-1973
Reported in : 95ITR422(Mad)
..... them and that they had no other books (sic) thereupon a complaint for an offence under section 276(1)(c) of th (sic) income-tax act and under section 193 of the indian penal code, for making; (sic) false statement was filed (exhibit p-32). the petitioners in defence contende (sic) that they had produced the account ..... recorded this sworn statement from petitioner no. 2. he has not been cross-examined on this aspect. the conviction of the 2nd petitioner under section 193 of the indian penal code is also correct and the same is confirmed. the court below has imposed a fine of rs. 2,000 under this count. for the offence ..... those circumstances, it is urged that there could be no question of any one making any false statement so as to render him liable under section 193 of the indian penal code. 4. there is more of ingenuity than of substance in these contentions now advanced by the petitioners. the courts below have, as a fact, held ..... books. the prosecution case is that these statements are false statements intentionally made by the petitioner no. 2 and so he is punishable under section 193 of the indian penal code. the further case is that the petitioners have not produced the account books, which admittedly they had produced before the commercial tax officers in response ..... somasundaram, j. 1. petitioner no. 1 in this case is a partnership firm (sic) ling in handloom clothes and art silk yarn at elampallai in salem (sic) trict. petitioner no. 2 is its managing partner. this business was .....Tag this Judgment!
Court : Guwahati
Decided on : Jan-12-1973
..... indirectly- (i) from the membership of the wife in a firm of which her husband is a partner; (ii) from the admission of the minor to the benefits of the partnership in a firm of which such individual is a partner; (iii) from assets transferred directly or indirectly to the wife by the husband otherwise than for adequate consideration or in ..... expression would negative the contention of the respondents that it embraces juristic persons such as statutory corporations. shri battacharjee cited the provisions of sections 3 and 16 of the indian income-tax act, 1922, and their interpretation by the supreme court in the case of sodra devi, to support the contrary view that nothing said in sections 4, 6, 14 and 15 ..... local authority and of every firm and other association of persons or the partners of the firm or the members of the association individually. section 16(3) of the indian income-tax act, 1922, was worded as follows : 'in computing the total income of any individual for the purpose of assessment, there shall be included- (a) so much of the income of ..... choudhury did not contend that the authority of this decision of the supreme court bearing on the interpretation of the expression 'individual' used in section 3 of the indian income-tax act, 1922, has been doubted in any subsequent decision of the supreme court. as a matter of fact, the supreme court reaffirmed in andhra pradesh state road transport corporation v. income .....Tag this Judgment!
Court : Gujarat
Decided on : Nov-09-1973
Reported in : 101ITR270(Guj)
..... reassessment must be reflected in the individual assessment of the partner because of the allocation of the share of the profits or the income of the partnership to a particular partner concerned and to the extend to which any rectification became necessary in the assessment of the partner for the relevant year, ..... decisions up to that date : 'where the income-tax officer validly initiates reassessment proceedings by issuing a notice under section 34(1)(a) of the indian income-tax act, 1922, in respect of a particular item he can, during the reassessment proceedings, deal with all items falling under clause (a) though they may ..... and approving their own earlier decision in income-tax officer v. s. k. habibullah held that there was nothing in section 35(5) of the indian income-tax act, 1922, to show that completed assessment of a partner in a firm must take place after april 1, 1952, i.e., the date on ..... a completely new power was conferred on the controller by section 59 and it is comparable to the power conferred by section 34 of the indian income-tax act 1922, which shows that there is a vast distinction between the remedies provided by the old section 62 and the new remedy provided by ..... ., delivering the judgment of the supreme court, has pointed out the scope and nature of the power of reassessment under section 34 of the indian income-tax act, 1922. it is not necessary for the purpose of appreciating these observations to refer to the facts of that particular case but it was .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-20-1973
Reported in : 100ITR468(Bom)
..... all income arising to any person of a settlement or disposition whether revocable or not, and whether effected before or after the commencement of the indian income tax (amendment) act, 1939 (vii of 1939), from assets remaining the property of the settler or disponer shall be deemed to be income of the settlor or disponer ..... and style of kishanchand bros. this firm is registered under section 26a of the act ramgopal a minor son, an unmarried minor daughter and a wife and they form a joint hindu ..... property into the common stock of the joint family property does not amount to a transfer so as to attract the provisions of the gift tax act, 1958.9. in view of these decisions the questions that arises for consideration in the present reference are concluded by the decisions which care ..... view that the income earned out of the shares was includible in the assessment of ramgopal and ramprasad under the provision of section 16 of the act. while assessing these two individuals ramgopal and ramprasad preferred appeals were herd by the two appellate assistant commissioner. these appeal were hard by the ..... ) of the indian income tax act 1922 (hereinafter referred to as 'the act') at the instance of the revenue.2. one balmukchand has five sons. two of them of them are ramgopal and ramprasad. the five sons of balmukchand and a son of one of the sons carry on business in partnership under the name .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-20-1973
Reported in : 102ITR180(Bom)
..... there was a loss. on december 18, 1948, the assessee submitted a return declaring an income of rs. 7,752 plus share income from various partnership firms. on the basis of that return which was filed on december 18, 1948, the assessment was made on a total income of rs. 54, ..... 369 on march 23, 1949. this assessment, it appears, was required to be reopened twice under section 34 of the indian income-tax act, 1922. on the first occasion during reassessment proceeding the total income was determined at rs. 94,802 on november 24, 1952, while on the ..... is clear that the expression 'regular assessment' occurring in section 18a (9) would cover the cases of reassessment undertaken under section 34 (1) of the act. in our view, the two decisions on which reliance has been placed by mr. pandit are clearly distinguishable and they do not present any difficulty in interpreting ..... proceedings which were initiated by the income-tax officer by issuing a notice under section 18a (9)(a) read with section 28 (3) of the act after the first reassessment proceedings were completed but before the second reassessment proceedings were completed were perfectly valid in law.9. mr. pandit, appearing for the ..... and (3).......' 8. it is, therefore, clear to us that when reassessment starts with a notice under section 34 all the relevant provisions of the act apply as effectively as where assessment starts with a notice under section 22 (2) and section 18a (9) would certainly be attracted. on a proper .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Dec-05-1973
Reported in : 102ITR174(P& H)
..... lal and shri raj kumar. the share of shri amrit lal is two-thirds and that of shri raj kumar is one-third. the income of the partnership is from the small cutting tools, tape, dies and number sets. the firm filed its return on 22nd july, 1968, declaring income of rs. 26, ..... year 1965-66. goods were detained by the pakistan government during the indo-pak. hostilities. subsequently, the assessee received claim of rs. 28,680.05 in indian currency from the insurance company. the sum of rs. 9,423.33 forms a part of the taxable income of the firm and the balance sum of ..... for the year 1962-63.11. it is apparent that the authorities below did not consider this case keeping in view the relevant provisions of the act and on the other hand without examining the facts and finding out whether there was any conscious concealment or deliberate furnishing of inaccurate particulars of the ..... , this amount was added to the amount already assessed. this led to initiation of proceedings for levy of penalty under section 271(1)(c) of the act and the matter was then referred to the inspecting assistant commissioner who alone dealt with the question of penalty. he issued a show cause notice to the ..... of this income and bring it to assessment. on getting information, the income-tax officer issued a notice under section 148 of the income-tax act, 1961 (hereinafter called 'the act'), on 31st december, 1969. the assessee then filed his return and it was the same as earlier assessed. but to this return, the assessee .....Tag this Judgment!
Court : Delhi
Decided on : Sep-25-1973
Reported in : 44CompCas381(Delhi); ILR1974Delhi243
..... another company, m/s. b. dharam singh & co. (p) ltd.. had gone into liquidation under the orders of the allahabad high court and there were three partnership firms. m/s. b. dharam singh ram singh, d. s. ram singh and co. (p) ltd.. and d. r. motors. the entries in the ..... held guilty or default; there clearly was a reasonable excuse for not submitting the statement of affairs. (14) then reference has been made to great indian steam navigation co. and others, v. the state and another : 71cwn157 that was a case which decided several criminal revision petitions connected with the ..... been granted to make inspections, and because such inspections were made. the convictions were upheld. no relief was granted under section 633 of the companies act. 1956. if such opportunity for inspection had been proved by the complainant even in the present case, i would also have held that the ..... numerous particulars have to be given which arc not easily ascertainable without reference to the books. sub-section (2) of section 454 of the act requires the directors to submit this statement of affairs and there is power to get a direction of the court that persons other than existing directors ..... prosecution of the directors of the great indian steam navigation co. ltd. there had been a default in complying with the requireiments of section 210(5) of the companies act, 1956 and a criminal prosecution had been launched. the entire' papers of the company .....Tag this Judgment!