Court : Kerala
Decided on : Jul-12-1991
Reported in : (1991)97CTR(Ker)153; 197ITR575(Ker)
..... therefore, shall confine to the facts of the case. a reference in this connection to the following excerpt from the judgment is profitable :'... we have read clause (13) of the partnership deed, and we are of the opinion that the said clause supports the conclusions arrived at by the tribunal.'18. the learned judges have also observed that the question involved ..... to show that the finding aforesaid, based on the balance-sheet, is not sustainable. in other words, there is nothing on record to show that, after the formation of the partnership, the properties in dispute were treated as the exclusive property of the assessee in contradistinction to the claim of the firm in regard thereto and upheld by the appellate tribunal ..... in subsequent years because they are made in the exercise of advisory jurisdiction. counsel, in this connection, pressed into service two decisions : one of the allahabad high court in british indian corporation ltd. v. cit : 60itr793(all) and the other of the supreme court in karnani properties ltd. v. cit : 82itr547(sc) . the question thus arising for consideration ..... they may be claimed by the partnership will only benefit those partners who incurred the expenditure' is liable to be rejected. even otherwise, the above argument cannot be accepted because the principle mentioned above cannot be applied to the assessment proceedings under the income-tax act because, under the income-tax act, unlike the english income-tax act, 1952, the firm is an .....Tag this Judgment!
Court : Kerala
Decided on : Apr-02-1991
Reported in : 192ITR515(Ker)
..... of an application for the registration of a firm, the income-tax officer shall inquire into the genuineness of the firm and its constitution as specified in the instrument of partnership, and -(a) if he is satisfied that there is or was during the previous year in existence a genuine firm with the constitution so specified, he shall pass an order ..... for every subsequent assessment year : provided that - (i) there is no change in the constitution of the firm or the shares of the partners as evidenced by the instrument of partnership on the basis of which the registration was granted ; and (ii) the firm furnishes, before the expiry of the time allowed under sub-section (1) or sub-section (2) of ..... was whether there was any 'agreement' in the eye of law, in the absence of signature of the parties, in the deed and the said decisions arose under the indian income-tax act, 1922, wherein the provisions were different. the decisions cited by counsel for the revenue have no relevance to the case on hand wherein we are concerned with the statute ..... to the case on hand.'184. application for registration.--(1) an application for registration of a firm for the purposes of this act may be made to the income-tax officer on behalf of any firm, if- (i) the partnership is evidenced by an instrument; and (ii) the individual shares of the partners are specified in that instrument. .. (3) the application shall .....Tag this Judgment!
Court : Kerala
Decided on : Jan-31-1991
Reported in : 189ITR711(Ker)
..... be included in the income of the respective assessees. we should state that the language of section 16(3)(a)(iv) of the indian income-tax act, 1922, and section 64(1)(vii) of the income-tax act, 1961, seem to be different. whether the dictum laid down in prem bhai parekh' case : 77itr27(sc) will ipso ..... is a remote one. the income of the minors arose as a result of their admission to the benefits of the partnership. it is true that they were admitted to the benefits of the partnership because of the contribution made by them. but there is no nexus between the transfer of the assets and the income ..... appeal, it was upon agreement by the remaining partners that she became a member of the partnership. the mere contribution of the capital by the wife to the firm would not automatically have entitled her to partnership in the firm. the partnership was based on agreement, and it is the event of agreement between the partners that ..... partnership in the firm could be included in the total income of the assessee under section 16(3)(a)(iv) of the income-tax act which was to the following effect (at pp. 29, 30): 'in computing the total income ..... the firm with effect from july 2, 1954, whereby the major son became a partner and the minor sons were admitted to the benefits of partnership in the firm. the question was whether the income arising to the minors by virtue of their admission to the benefits of .....Tag this Judgment!
Court : Karnataka
Decided on : Sep-27-1991
Reported in : 192ITR547(KAR); 192ITR547(Karn)
..... , fifth and sixth parts were the partners other than the three co-owners, who were parties 1 to 3, referred to in the deed of partnership. the partnership business was to execute building construction contracts, dealing in land, etc., each partner was to share profits and losses equally, i.e., each had ..... the assessee in pursuance of the notice given by him, then the appeal filed by the assessee under section 253(1)(c) of the act cannot be treated on the same footing as an appeal against the order of the appellate assistant commissioner passed in assessment proceedings, where both the ..... asset as the share capital in the firm. partially, the commissioner was justified in this assumption. however, the inapplicability of section 48 of the act and the impracticability of evaluating the capital gain were not realised by the commissioner. the notice issued by the commissioner proceeds as if there was a ..... are at least two reasons as to why we cannot agree with this contention. 16. this is a proceeding initiated under section 263 of the act. the scope of the proceeding has to be ascertained with reference to the purpose and the basis of the initiation of the proceedings. while initiating ..... is, whether the assessee can be said to have received any consideration as that expression is understood in the scheme of capital gains under the income-tax act. in cit v. b.c. srinivasa setty : 128itr294(sc) , this court observed that the charging section and the computation provisions under each .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jul-18-1991
Reported in : AIR1991SC1757a; 1991CriLJ2497; 1991(2)Crimes852(SC); JT1991(3)SC288; 1991(2)SCALE105; (1991)3SCC620; 3SCR96
..... even if the food inspector is believed that the first appellant told him that the business on the shop was being run in partnership that per se was not enough to inculpate the remaining two appellants without further evidence. we find an area of doubt in this sphere and extending ..... appellant alone made the sale of tea dust to the food inspector and not by all. burden was on the prosecution to prove the existence of the partnership. we do not propose to indulge in the refinery of civil law but have to adopt the cautious approach to adjudge criminality of the accused appellants. ..... rs. 5000/- each. this has occasioned the appeal before us.5. our attention was brought to the aforesaid rules and section 13(2) of the act and the case law on the subject. rule 7(3) requires that the public analyst shall within a period of 45 days of the receipt of any ..... a right to have the second sample with the local health authority analysed by the central food laboratory in terms of section 13(2) of the act. the trial magistrate perhaps had in mind that had this been mentioned, the appellants may have chosen to avail of the opportunity of the analysis by ..... time. the appellants did not avail of the opportunity and faced the prosecution launched under section 7 read with section 16 of the prevention of food adulteration act, 1954 before the chief judicial magistrate, khargaon.4. before the trial magistrate the facts as alleged by the prosecution regarding sale by the first appellant .....Tag this Judgment!
Court : Chennai
Decided on : Sep-25-1991
Reported in : 199ITR471(Mad)
..... apply to the receipt of interest from the firm. we do not think that it is necessary to decide the question whether the interest paid to the partner by the partnership firm bears the same character as salary paid to a partner. while, according to the revenue, both interest and salary bear the same characteristic, according to the assessee, they are ..... that the partner who received the interest did not receive it as part of the profits from the agricultural property but as a return for the loan advanced to the partnership firm and, hence, payment of interest on such loan could not be construed as income out of which 60 per cent. can be assessed as agricultural income. the question is ..... . the following observations of the supreme court are useful for the determination of the present case (at page 300) : 'the definition of agricultural income in the constitution and the indian income-tax act, 1922, is bound up with rule 24 of the income-tax rules, 1922. income derived from the sale of tea grown and manufactured by the seller is to be ..... . state of kerala : 48itr83(sc) , which lends support to the arguments of the assessees. consequently, we hold that the assessment of the interest received by the assessees from the partnership firm is not exigible to agricultural income-tax having regard to rule 7 of the agricultural income-tax rules since it stands taxed under the central income-tax .....Tag this Judgment!
Court : Chennai
Decided on : Jan-18-1991
Reported in : (1991)92CTR(Mad)10; 189ITR157(Mad)
..... indirectly from the transfer of the assets and the income arising to the minor sons of the assessee by virtue of their admission to the benefits of partnership in the firm could not be included in the total income of the assessee. this decision emphasises the need for a nexus between the transfer of assets ..... appeal by the assessee, the appellate assistant assistant commissioner took the view that the minor children cannot be treated as having been admitted to the benefits of the partnership as found by the income-tax officer but that, by the application of clause (iv) for the assessment year 1975-76 and clause (v) for the ..... respectively. the income-tax officer applied the provisions of section 64 of the income-tax act, 1961 (hereinafter referred to as 'the act'), on the conclusion that the minor daughters of the assessee had been admitted to the benefits of the partnership firm in which the assessee was a partner and that the trust was only an artificial ..... indian income-tax act, 1922, it must be proved to have arisen directly or indirectly from a transfer of assets made by the assessee in favour of his wife ..... bhai parekh : 77itr27(sc) , relied on the learned counsel for the assessee, lays down, though with reference to section 16(3)(a)(iv) of the indian income-tax act, 1922, that, before an income can be held to come within the ambit of section 16(3)(a)(iii) or (iv) of the .....Tag this Judgment!
Court : Allahabad
Decided on : May-02-1991
Reported in : AIR1992All288
..... covered by this clause? to us it appears that the words 'between the partners' and 'by all partners' appearing in clause 18 of the partnership deed are rather significant. in a dispute in which an outsider and the other partner are concerned the arbitrator cannot thurst on the outsider merely ..... plaintiffs objection to the application are two fold. firstly, the dispute raised in the suit did not relate to the partnership at all and second the same were not covered by arbitration agreement.clause 18 of ..... from using, utilising usurping or misappropriating the property of the partnership in whole or in part.7. during the pendency of the suit and before defendant no. 1 had filed a written statement the application under s. 34 of the arbitration act was moved on the ground that the dispute raised in ..... the suit was fullycovered by arbitration clause and as such further proceedings in the suit may be stayed and the matter in dispute be referred to arbitration in accordance with clause 18 of the partnership deed.8. rights ..... of the defendant to move application despite putting in contest of the interim injunction application is not disputed. despite the fact that defendants had contested the application for temporary injunction, the plaintiff has not disputed their right to apply under s. 34 of the act. the .....Tag this Judgment!
Court : Chennai
Decided on : Jan-23-1991
Reported in : (1991)93CTR(Mad)265; 192ITR666(Mad)
..... -53 enclosed as annexure 'j' to the stated case. later, as seen from annexure 'i' to the stated case, the partners had entered into another partnership deed where under, the firm was at liberty to carry on any other business as may be decided by the partners from time to time. from the other ..... without any distinction, with common administrative organisation and expenses and that they would constitute the same business within the meaning of section 24(2) of the indian income-tax act, 1922, entitling the assessee to set-off the unabsorbed loss in the life insurance business against the profits from the general insurance business. again, in ..... dealing in shares and the business of manufacture of sugar and other commodities constituted the same business within the meaning of section 24(2) of the indian income-tax act, 1922. on the facts found by the tribunal and referred to in detail earlier, we do not have the slightest hesitation in upholding the ..... had been utilised for purposes of the transport business. some time in 1967, a fresh deed of partnership was entered into between r m maruthai naidu and his three sons and therein, the business of the partnership had been stated to be the purchase, sale and manufacture of cigars, scented tobacco and any other ..... ratnam j.1. the assessee is a registered firm. it came into being under the terms of an instrument of partnership dated august 15, 1949 (annexure 'h' to the stated case), and its partners were one r m maruthai naidu and his three sons. .....Tag this Judgment!
Court : Mumbai
Decided on : Mar-04-1991
Reported in : 1992(1)BomCR59
..... engineer, who had passed his post-graduation in his discipline of education and had started his own business of production of certain chemicals at nagpur, in partnership with some other person. his family hailed from village arvi, a taluka place about 90 miles away from nagpur. the appellant no. 1 had taken ..... in his treatise- 'medico-legal postmortems in india' (at page 94), which read thus :'suicide, homicide or accident : suicidal burning is relatively common among indian women, mostly on account of domestic worries or because of the problem of dowry. in suicide, the circumstances are usually evident and perhaps the most frequent method ..... m. and thereafter. again, like other witnesses, this witness also did not refer to the presence of accused no. 1, much less, to the acts, if any, in which he was involved at the relevant point of time. his cross-examination revealed that in the police statement he had narrated that ..... attached to a statement of the accused recorded under section 342 of the code of criminal procedure, 1989 and the second ruling referred to the act thereof after the amendment made to the said code by insertion of section 342-a. in hate singh's case the supreme court pointed out ..... many others from the vicinity also gathered near the block. deceased geeta was found in the bath room lying in flames. accused no. 3, probably acting on somebody's instructions, had contacted the police station at about 5.14 a.m. on telephone and had also telephoned the fire brigade, reporting .....Tag this Judgment!