Court : Gujarat
Decided on : Sep-10-1973
Reported in : (1974)GLR1; 99ITR567(Guj)
..... present case, it must be pointed out that premchand gokaldas, the managing director of the assessee-company, was sought to be prosecuted because he represented the assessee-company in the partnership firm of messrs. kashiparekh brothers. the assessee-company had put forward premchand gokaldas as its nominee and when it incurred the expenditure of rs. 15,420 in defending premchand gokaldas ..... gokaldas defended himself and in this connection the companyincurred an aggregate amount of expenditure of rs. 16,259. the city magistrate, third court, ahmedabad, acquitted all the accused except the partnership-firm and thus premchand gokaldas also came to be acquitted. in the course of his judgment the learned magistrate held that the managing director was only a nominee of the ..... these facts held that the expenses incurred in the civil litigation against the banking concern were of revenue nature and were entitled to deduction under section 10 of the indian income-tax act, 1922. as regards expenses incurred in connection with the criminal case the allahabad high court held that in a company, which is formed for business, all its assets ..... that the amount spent by the assessee-firm, which was a registered partnership firm for the defence of one of its partners in a criminal case for alleged contravention of the provisions of the foreign exchange regulation act, 1947, was not deductible under section 10(2)(xv) of the indian income-tax act, 1922, and the fact that the acquittal of the partner was .....Tag this Judgment!
Court : Delhi
Decided on : Apr-06-1973
Reported in : ILR1973Delhi177
..... appears to be no order of the court permitting this amended petition to be filed. in this amended petition, it is disclosed that m/s. america lock company is a partnership firm and the petition is also verified. the first two issues framed in this case, relate to the absence of verification and the absence of averment in the application concerning ..... business as a manufacturer of locks of various types. among other products, it manufactures cycle frame locks of horse-shoe shape for locking bicycles. similarly, western engineering company, is another partnership firm carrying on business as a manufacturer of locks, which also manufactures bicycle locks. the latter firm, i.e.. western engineering company applied for the registration of a design of ..... registrations of their respective designs for horse-shoe shaped cycle lock. (2) on 22nd november, 1966, the america lock company instituted a petition under section 51-a of the indian patents and designs act, 1911, for the cancellation of the design registered in favor of the western engineering company. that petition was c. o. no. 1 of 1966, in this court; it ..... accordance with its claim in the suit. (5) m/s. western engineering company having instituted the aforementioned suit, also instituted a further proceeding under section 51-a of the indian patents and designs act, 1911 on 10th july, 1967. in this latter petition, which was c. o. no. 7 of 1967 in this court, it was claimed that the registered design of .....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 : 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 : 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 : Jammu and Kashmir
Decided on : Apr-30-1973
Reported in : 107ITR409(J& K)
..... assessee was in default in not having filed a return of its income pursuant to a notice under section 22(2) of the indian income-tax act, 1922, hereinafter called as the 'old act', reduced the amount of penalty from rs. 26,335 to rs. 16,925. the facts which give rise to the question ..... constitute a valid and a legal service of the notice under section 22(2) of the income-tax act.9. the next contention of mr. randhawa was that the indian income-tax act, 1922, was repealed by the act of 1961. the assessment in the present case was made on november 20, 1962, a date ..... , nellore : 35itr388(sc) , where their lordships of the supreme court observed as under :'the notice prescribed by section 34 of the income-tax act for the purpose of initiating reassessment proceedings is not a mere procedural requirement; the service of the prescribed notice on the assessee is a condition precedent to the ..... the assessee appeared before the income-tax officer and contended that the penalty was not imposable. as application under section 27 of the income-tax act of 1961 was also made by the assessee seeking reopening of the assessment proceedings by the income-tax officer which was dismissed. so far as the ..... now before us are as under :the assessee is a partnership-firm with four partners, namely; (1) shri-mati bhupinder kaur, wife of shri surrinder singh johar, .....Tag this Judgment!
Court : Kolkata
Decided on : Aug-13-1973
Reported in : 95ITR610(Cal)
..... discharging a rule nisi obtained by the assessee. 2. the appellant is a partnership firm. for the assessment year 1960-61 the income-tax officer, 'a' ward, district 11(1), calcutta, completed the assessment under the old act, namely, the indian income-tax act, 1922. thereafter, on the 14th march, 1969, the appellant received a notice ..... issued under section 148 of the income-tax act, 1961, whereby the appellant was called upon to submit the return of income ..... contended that the learned judge erred in holding that there were sufficient reasons for issue of a notice under section 148 of the income-tax act, 1961. according to mr. pal, the income-tax officer has not disclosed any reasons for his belief that the income had escaped assessment ..... and conditions precedent for assumption of jurisdiction under section 148 of the income-tax act, 1961, had not been satisfied. the learned trial judge should have quashed the said notice by a writ of mandamus. mr. pal relied ..... court. at the time of hearing the department wanted to rely upon a statement in response to the summons under section 131 of the income-tax act, of one shri girdhari singh, whose business had been closed on and from 31st march, 1965. that statement was produced before us. the .....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!