Court : Kolkata
Decided on : Apr-24-1973
Reported in : 92ITR130(Cal)
..... the income arising to the minors by virtue of their admission to the benefits of partnership in the firm could be included in the total income of the assessee under section 16(3)(a)(iv) of the indian income-tax act, 1922. the supreme court found that the connection between the gifts made by the ..... 's wife from the deposits and shares had to be assessed in the hands of the assessee under section 16(3)(a)(iii) of the indian income-tax act, 1922.10. it was held by the supreme court that the transfer in question was direct transfer and the income realised by the wife was ..... connection with an agreement to live apart.' 8. the aforesaid section is in pari materia with the provisions of section 16(3)(a)(iii) of the indian income-tax act, 1922. it is not disputed, in the instant case, that the assets were transferred directly to the spouse by the assessee. the only question ..... in those circumstances the tribunal was of the opinion that the profit arising to the wife from the said partnership should be included in the assessee's income under section 64(iii) of the income-tax act, 1961. the tribunal further accepted the argument made on behalf of the revenue that there could not be ..... and grains trade but little finance requested the partners of the first four parts to enter into co-partnership with him on contributing the necessary finance to carry on business in jagree and grains and also act as commission agents in jagree, grains and allied commodities to which request they acceded.'4. clause 4 .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Aug-01-1973
Reported in : 96ITR303(P& H)
..... be taken. the whole concept of partnership is to embark upon a joint venture and for that purpose to bring in as capital money or even property including immovable property. once ..... their lordships have described the nature of interest of a partner during the subsistence of a partnership and after its dissolution and the relevant observations read as under : ' from a perusal of these provisions it would be abundantly clear that whatever may be the character of the ..... court. 5. the answer to the question posed by the tribunal would not present much difficulty if we first find out the nature of interest of a partner in the partnership property and for that purpose reference may be made to the decision of the supreme court in addanki naryanappa v. bhaskara krishnappa, a.i.r. 1966 s.c. 1300 wherein ..... money, and all the partnership debts and liabilities have been paid and discharged. this it is, and this only which on the death of a partner passes to his representatives, or to a legatee of his share.........and which on hisbankruptcy passes to his trustee.'...... it seems to us that looking to the scheme of the indian act no other view can reasonably .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-20-1973
Reported in : ILR1974KAR515; 95ITR321(KAR); 95ITR321(Karn); 1974(1)KarLJ145
..... the one before me, came up for consideration before the supreme court in sahu rajeshwar nath v. income-tax officer. that case arose under the indian income-tax act, 1922. the assesses therein was an unregistered firm of partnership. a certificate of recovery was also issued in the name of the said assesses. on the strength of the certificate, the tax recovery officer ..... with a summons and has failed to appear : provided that nothing in this sub-rule shall be deemed to limit or otherwise affect the provisions of section 247 of the indian contract act, 1872. (2) where the decree-holder claims to be entitled to cause the decree to be executed against any person other than such a person as is referred to ..... collector, on receipt or a certificate under section 46(2), to recover from the partner the amount of tax due by the unregistered partnership. repelling that contention, the supreme court held :'the proviso to section 46(2) of the act states that the collector shall, without prejudice to any other powers in that behalf 'for the purpose of recovering the said amount ..... '. 12. section 189(3) of the act corresponds to section 44(3) of the income-tax act, 1922. section 222 of the act corresponds to section 46(2) of the income-tax act, 1922, the only difference being that the proviso to section 46(2) of the indian income-tax act, 1922, is omitted in section 222 of the act. the said proviso read thus :'provided that .....Tag this Judgment!
Court : Allahabad
Decided on : Nov-28-1973
Reported in : 101ITR40(All)
..... of rs. 8,000 was liable to be added to its income as accrued rent or under section 10(2a) of the indian income-tax act, 1922 ?'2. the assessee is a partnership firm and at the material time carried on the business of banking and derived income from interest on securities and property, etc. it ..... had been showing its income from lease rent on accrual basis and had been assessed as such'. later, the assessee applied under section 35 of the act for rectification of the tribunal's order on the ground that the above-quoted observation of the tribunal was factually incorrect inasmuch as the assessee had never ..... by it. if an assessee chooses to adopt the cash system of accounting in respect of the income assessable under section 10 or section 12 of the act, he cannot be assessed on accrual basis. the option is with the assessee and not with the department so that the department cannot compel an assessee ..... assessment year in question.5. as regards the second limb of the question as to whether this amount can be assessed under section 10(2a) of the act, it is difficult to understand as to how that provision applies. section 10(2a) makes a provision for assessment of any loss, expenditure or deductions allowed ..... there is no question of the sum of rs. 8,000 which is the subject-matter of this reference being taxed under section 10(2a) of the act.6. we, accordingly, answer the question in the negative, in favour of the assessee and against the department. the assessee is entitled to the costs which .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-15-1973
Reported in : AIR1973SC1073; 1973CriLJ850; (1973)3SCC647; 3SCR313
..... this court who were convicted by the court of the first temporary civil & sessions judge, pratapgarh on september 1, 1969, of various offences under the indian penal code. the accused paras nath singh, ramendra pratap singh, hari saran singh and lal pratap singh were sentenced to death under section 302 read with ..... , provide a sound reason for accepting the testimony of p.ws 1 and 2 for sustaining the conviction of the accused persons. to decline to act upon the testimony of these witnesses merely because of the absence of other witnesses to corroborate them in court, is to defeat the cause of justice ..... s counsel the evidence of p.ws 1 and 2 had been rightly accepted by the trial court and the high court erroneously required further corroboration for acting upon their evidence. the decision of the high court, it has been emphasised, erroneous as it is, has resulted in gross failure of justice11. ..... our anxious thought even though we hold that we find nothing improbable in the statements of these two eye-witnesses, we think it proper not to act on the uncorroborated testimony of these witnesses. we, there- fore, by the way of abundant caution give the appellants the benefit of the doubt. with ..... of the deceased suresh singh and are in a sense chance witnesses. it is true that under the law there is nothing which prevents us from acting upon the testimony of these two eyewitnesses and upholding the conviction of the appellants, but rules of prudence and safety have to be taken into .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Nov-29-1973
Reported in : AIR1974SC396; (1974)1SCC202; 2SCR530; 1974(6)LC237(SC)
..... to any savings which may be made, expressly or by implication, by the repealing enactment (vide halsbury's laws of england, vol. 36 paragraph 714). the u.p. general clauses act (act i of 1904) provides for the consequences of a repeal under section 6, the relevant parts of which may be reproduced here :6. effect of repeal.-where any (uttar pradesh ..... any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed; or(e) affect any remedy, or any investigation or legal proceeding commenced before the repealing act shall have come into operation in respect of any such right, privilege, obligation, liability; penalty, forfeiture or punishment as aforesaid:and any such remedy may be enforced and any such ..... or past transactions it is this provision that will determine whether the liability arising under the repealed enactment survives or is extinguished. : air1960cal388 . section 6 of the general clauses act applies generally in the absence of a special saving provision in the repealing statut7e, for when there is one then a different intention is indicated. in any case where a ..... would have enjoyed had the repeal not been made. not to affect the previous operation cannot be converted into sanctioning subsequent operation. to read post-mortem operation into a temporary act because of a premature repeal of it is wrong. to adopt the words jagannadhadas, j. in indira sohanlal v. custodian of evacuee property, delhi and ors. : 2scr1117 has .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Dec-07-1973
Reported in : AIR1974SC1822; 1974CriLJ890; (1974)3SCC774; 2SCR609
..... entitled to the benefit of doubt so far as this injury to laldhari is concerned. we have also come to the conclusion that the injured witnesses, who have given specific acts of accused who struck them, could be relied upon to convict particular accused persons. this is the test which the trial court had correctly employed against individual accused persons. we ..... up for trial before the additional sessions' judge of chapra on charges under sections 147, 148, 323, 325, 326, 302/34, 302/149, indian penal code. the appellant jamuna chaudhary was also charged separately under section 302 indian penal code. the prosecution case may be stated as follows : on 15-7-1965 at about 8 a.m. dukhharan koeri, p.w. 22 .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Feb-13-1973
Reported in : AIR1973SC1062; 1973CriLJ862; (1973)4SCC4
..... the area which was prejudicial to the maintenance of public order.the order of detention as also the grounds of detention with a translation thereof in indian language, were duly served on the petitioner on the day of his arrest. on june 29, 1972 the state government received a representation from ..... are not grave and serious enough in their potentiality for disturbing the even tempo of the life of the community. in somewhat similar cases this court has regarded similar acts as justifying the orders of detention. see sk. kader v. state of w. b. : 1scr488 , netaipada saha v. state of w.b. ..... affect order and the frequency of such infraction may pose a problem of law and order, but it need not necessarily affect public order just as every act affecting public order may ,not automatically affect security of the state. in pushkar v. state of w.b. : 1970crilj852 the difference between the concept ..... 1972 the state government confirmed the detention order as required by section 12(1) of the act and duly communicated its decision to the petitioner.2. shri v. c. parashar, learned counsel appearing as amicus curiae to assist this court, submitted ..... 3, 1972. on july 5, 1972 the state government placed the petitioner's case before the advisory board as required by section 10 of the act. the board submitted its report on august 17, 1972 expressing its opinion that there was sufficient cause for the petitioner's detention. on august 26, .....Tag this Judgment!
Court : Gujarat
Decided on : Jun-20-1973
Reported in : 96ITR443(Guj)
..... the business shedding its ancestral character and assuming the character of a partnership business. such terms can be found in any agreement of partnership between two or more persons and they are not inconsistent with any of the provisions of the partnership act. in our opinion, therefore, there is no substance in this argument ..... das and his sons of the one part and daulat ram in his individual capacity of the other part and this a partnership owned a certain mill called 'the indian woollen textile mills'. daulat ram had invested rs. 48,000 which was his separate property in the said mills. in the ..... . 25. it was next urged that this case falls within the mischief of the rule enunciated by the supreme court in bhagat ram's case. it was urged that, if the partnership in this case were ..... purpose of assessment to income-tax. by an order dated november 15, 1957, made by the income-tax officer under section 26a of the indian income-tax act, 1922, the firm was granted registration initially for the assessment year 1957-58. as stated earlier, the registration was, thereafter, renewed from ..... assessee, which purports to be a partnership firm carrying on business in cotton textiles, relates to assessment years 1957-58 to 1961-62. the assessee-firm was initially registered for the purpose of assessment to income-tax under section 26a of the indian income-tax act, 1922, in assessment year 1057-58 .....Tag this Judgment!
Court : Chennai
Decided on : Oct-16-1973
Reported in : 105ITR315(Mad)
..... balances has to be decided by the firm from time to time and not at the rate referred to in section 13(d) of the partnership act, nor is there any indication in the partnership deed that the rate of interest paid to the wife and the minors is the same as that paid to third parties. therefore, it ..... to the extent of rs. 5,269, rs. 5,750 and rs. 5,737 in the assessment of the assessee under section 16(3)(a)(ii) of the indian income-tax act, 1922, for the assessment years 1958-59, 1959-60 and 1960-61 ?' 9. in the judgment just now rendered by us in t.c. no. 95 of ..... rs. 8,608, rs. 10,071, rs. 11,023 and rs. 1,261 in the assessment of the assessee under section 16(3)(a)(ii) of the indian income-tax act, 1922, for the assessment years 1958-59 to 1961-62 ? 3. whether the interest credited by the firm of anjaneya motor transport to the current account of ..... anjaneya motor transport to the current account of the assessec's wife is includible in the assessment of the assessee under section 16(3)(a)(i) of the indian income-tax act, 1922, for the assessment years 1958-59 to 1961-62 ? 2. whether the interest credited by the firm of anjaneya motor transport to the currant account ..... firm and these interest amounts were included in the assessee's total income by the income-tax officer under section 16(3)(a)(i) and (ii) of the indian income-tax act of 1922. the said inclusion was challenged by the assessee. this court in s. srinivasan v. commissioner of income-tax : 50itr160(mad) held that the .....Tag this Judgment!