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Judgment Search Results Home > Cases Phrase: indian partnership act Year: 1973 Page 6 of about 140 results (0.068 seconds)

Feb 13 1973 (SC)

indradeo Mahato Vs. the State of West Bengal

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. : [1973]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, .....

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Sep 20 1973 (HC)

M. Ct. Muthiah and anr. Vs. Controller of Estate Duty

Court : Chennai

Decided on : Sep-20-1973

Reported in : [1974]44CompCas254(Mad); [1974]94ITR323(Mad)

..... governed by its provisions to remain in possession with security of tenure, was not applicable after the death of graham. it may be mentioned that a partnership under the scottish law was a legal entity. the house of lords held that on the death of graham there was a dissolution of the firm ..... words referred to the ' moment after death '. in that case, one graham was the owner of a farm in scotland, which was leased to a partnership consisting of himself and three other persons. graham died on february 23, 1963. on the question of valuation of the estate passing on death of the said ..... a death benefit under an accident policy could not be disposed of by a will in view of restriction no. 1 of schedule iii to the indian succession act, 1935. the effect of that restriction was that the testator would not be competent to bequeath property which he could not have alienated inter vivos. ..... and the surviving partners were merely in occupation of the farm for the purpose of winding up the partnership affairs, and, therefore, the farm ceased to be subject to the act of 1949. the question, therefore, arose as to whether the estate will have to be valued as at the moment ..... persons that the case of an accident policy is in the nature of a claim by a dependant under the fatal accidents act of england or section 1 of the indian fatal accidents act, 1855. these decisions were concerned with the interpretation of a statutory provision and the rights considered there are statutory rights and .....

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May 08 1973 (HC)

Commissioner of Income-tax Vs. Vikram Cotton Mills Ltd.

Court : Allahabad

Decided on : May-08-1973

Reported in : [1977]106ITR829(All)

..... claimed that unabsorbed losses of the preceding year be brought forward and adjusted against the share of lease money. it was found that the partnership to which the sugar mills belonged had stopped carrying on business since 1944. since then the sugar mills was in the custody of a ..... mortgage of the fixed assets of the company taken actual physical possession of the immovable properties hypothecated to them. under section 153 of the indian companies act, 1913, the high court with the approval of the assessee-company and the creditors evolved a scheme whereunder the business assets of the ..... not continued to be carried on in the assessment years in question within the meaning of clause (2) of section 24 of the indian income-tax act, 1922. that being the position, the income from the lease was taxable under section 10 under the head 'profits and gains of ..... realised by the assessee-company for the assessment years 1957-58 to 1959-60 was assessed by the department under section 10 of the indian income-tax act, 1922, under the head 'profits and gains of business'. but in subsequent assessment years the income-tax officer held that the income ..... business.'15. for the revenue reliance was placed upon seth banarsi das gupta v. commissioner of income-tax : [1977]106itr559(all) . in that case seth banarsi das gupta along with his five brothers formed a partnership .....

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Jul 17 1973 (HC)

Moti Lal and Sons Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jul-17-1973

Reported in : [1975]101ITR177(All)

..... the business was formerly being carried on by a joint hindu family, but subsequently a partition took place and the business was converted into a partnership. the partnership firm consisted of motilal and his four sons, who are still partners in the firm, along with their mother after motilal's death. certain ..... circumstances of the case, the tribunal was justified in holding that the sum of rs. 7,029 was assessable under section 10(2a) of the indian income-tax act, 1922 ?'2. the assessment year involved in the present case is 1956-57 and the corresponding account year is from november 1, 1954, to ..... -tax officer, sought to include this amount under the provisions of section 41(1) of the income-tax act, 1961, which is in pari materia to section 10(2a) of the indian income-tax act, 1922. it was held by the supreme court that the successor in business or a legal representative of ..... the period january 26, 1950, to march 31, 1951. messrs. mohanlal hargovindas had subsequently filed an appeal against their assessment made under the sales tax act and this appeal was allowed, and an amount of rs. 24,341 was remitted. consequently, messrs. mohanlal hargovindas refunded that amount to the assessee by ..... the earlier years, on the ground that it was an amount received back by the partners and was taxable under section 10(2a) of the act. the assessee appealed before the appellate assistant commissioner but the appeal failed. thereafter, the assessee took out an appeal to the tribunal. the tribunal .....

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Sep 12 1973 (HC)

Commissioner of Income-tax, Gujarat Ii Vs. Nanalal Tribhovandas and an ...

Court : Gujarat

Decided on : Sep-12-1973

Reported in : [1975]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 .....

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Apr 27 1973 (HC)

J.S. Parkar Vs. V.B. Palekar and ors.

Court : Mumbai

Decided on : Apr-27-1973

Reported in : [1974]94ITR616(Bom)

..... on business of transporting iced fish, mangoes and other goods by sea from konkan ports to bombay in his own launches as also launched belonging to a partnership firm managed by him. at the material time he was the owner of a launch, 'lakshmi'. on april 24, 1961, the central excise authorities ..... on payment of fine. in the course of assessment proceedings the assessee claimed deduction of the penalty amount under section 10(2)(xv) of the indian income-tax act, 1922. the bombay high court negatived the contention holding that the penalty for infraction of law could not amount to any expenditure laid out ..... learned judges of the punjab and haryana high court on the ground that the deduction claimed therein was under section 10(2)(xv) of the indian income-tax act, 1922, while piara singh was claiming deduction under section 10(1) on the footing that the true profits from his illegal business of smuggling ..... the owner of the gold. the value of the gold is sought to be brought to income-tax under section 69 or section 69a of the indian income-tax act, 1961. 37. it has been the contention of the petitioner, therefore, that unless there was independent and legal proof of the 'investment' alleged ..... of fine. in the course of the assessment proceedings the assessee claimed deduction of this penalty amount under section 10(2)(xv) of the indian income-tax act 1922. the bombay high court negatived the claim holding that the penalty for infraction of law does not amount to any expenditure laid out or .....

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Jan 12 1973 (HC)

Assam Financial Corporation Vs. Commissioner of Wealth-tax and ors.

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 .....

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Mar 20 1973 (HC)

Commissioner of Income-tax Bombay City Ii Vs. Ramprasad Mehra and ors.

Court : Mumbai

Decided on : Mar-20-1973

Reported in : [1975]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 .....

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Mar 20 1973 (HC)

Deviprasad Kejriwal Vs. Commissioner of Income-tax (Central), Bombay

Court : Mumbai

Decided on : Mar-20-1973

Reported in : [1976]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 .....

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Aug 22 1973 (HC)

Commissioner of Income-tax Vs. Mukanddas Vishnukumar and anr.

Court : Rajasthan

Decided on : Aug-22-1973

Reported in : [1976]102ITR613(Raj)

..... had dividends and speculative business. their income exceeded the minimum limit for the purposes of section 18a(3) of the indian income-tax act, 1922 (hereinafter called ' the old act'), and because the assessees failed to comply with the provisions of the said section and did not submit the estimate ..... is completed on or after the 1st day of april, 1962, may be initiated and any such penalty may be imposed under this act (new act). in our opinion, once the challenge of discrimination in regard to section 297(2)(g) is repelled as was done by this court ..... and subsequently by the supreme court the language of this section clearly provides that the new act will apply in regard to the imposition of penalty in respect of any proceeding of any assessment which is completed on or after ..... tax appellate tribunal, delhi bench 'b', by its order dated march 21, 1969, has referred under section 256(1) of the income-tax act, 1961, the following question for answer, namely:'whether, on the facts and in the circumstances of the case, the tribunal was right in holding ..... act, 1922 '2. the circumstances, which it is necessary to notice for the disposal of this reference, briefly stated are these: gokuldas pradeepkumar and mukanddas vishnukumar, the two hindu undivided families, came into existence as a result of partial partition of the bigger hindu undivided family of seth thakurdas khivraj. the business of seth thakurdas khivraj was taken over by a partnership .....

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