Court : Guwahati
Decided on : May-04-2007
..... the pleaded account of the relevant facts is indispensably essential to appropriately evaluate the rival contentions. the petitioner has introduced itself to be a registered partnership firm and an enlisted contractor with the cpwd vide no. 229 dated 25.05.1998, the term whereof had expired on 24.05.2006. ..... decisions cited at the bar are distinguishable. in poddar steel corporation, the award of the works for disposal of various ferrous scraps of the indian railways in favour of the appellant, was assailed on the ground that the earnest money had not been deposited in the manner as required by ..... into liquidation or otherwise ceases to carry on banking business.15. the stipulations qualifying a bank to be included in the second schedule of the act and the shortcomings of a already scheduled bank to be excluded therefrom (second schedule) brings sharply the difference between the two categories of such ..... capability of a contractor is an assurance of satisfactory and timely implementation of the department's projects of public relevance.13. section 42 of the act deals with the cash reserves of scheduled banks thereunder, to be deposited with the reserve bank of india. sub-section (6) thereof, outlines ..... in compliance of the rules. endorsing the pleaded stand of the respondents, the learned counsel urged, referring to section 42(6) of the act, that a scheduled and non-scheduled bank cannot be placed at par and the objective of obtaining a solvency certificate being a measure of guarantee .....Tag this Judgment!
Court : Guwahati
Decided on : Jun-28-2007
..... the sister and brother-in-law, respectively, of the petitioner as well as one m/s women's clinic and nursing home at cuttack, a partnership firm of the aforesaid relatives of the petitioner. according to the petitioner, it is evident from the assessment orders for the block period in respect of ..... imposes certain restrictions on the exercise of power; the same would seem to indicate that the legislature had intended the power under section 127 of the act to be exercised sparingly and for good and sufficient reasons. the requirement of recording reasons and giving of prior opportunity, as contemplated by the statute ..... passed by the commission the cases of the relatives of the petitioner had attained finality in law under the provisions of section 2451 of the act and the same cannot be reopened. in this regard, sri goenka has specifically drawn the attention of the court to the orders of the ..... sri goenka, learned counsel for the petitioner have been short and precise. learned counsel has submitted that the power vested under section 127 of the act is a quasi-judicial power and though the contours of the said power cannot be entrapped within any set parameters, the reasons for exercise of ..... the aforesaid assessees, as enclosed to the writ petition, the said block assessments were completed under the provisions of the act in the months of october-november, 2000.3. the petitioner asserts that she received a notice dt. 28th sept., 1999 issued by the dy. cit .....Tag this Judgment!
Court : Orissa
Decided on : Nov-28-2007
Reported in : 105(2008)CLT21; 2008(1)OLR18; (2008)14VST509(Orissa)
..... 13.11. 2007. we heard the learned counsel for the parties at length.3. the case of the petitioner is that it is a partnership firm and during the relevant period it was carrying on business of rice milling, processing of tamarind seeds to tamarind dal etc. as a registered dealer ..... to the dealer on its appearance before the assessing officer. hence, the petitioner's challenge to the notice issued under section 12(8) of the act on the ground of non-communication of the reason for re-opening in writing fails.but, the writ petition is allowed on the grounds discussed in ..... the dealer.6. now, the question which falls for determination by this court is whether the purchase price as defined under section 2(ee) of the act will include both the amount of royalty paid to the state government and the amount paid to the primary collectors (tribals) for collecting tamarind. to ..... condition for procurement of tamarind from the leased out area, the opposite party is fully justified in issuing the notice under section 12(8) of the act to include the procurement and transportation charges of tamarind in purchase price to levy tax thereon. in support of his contention, learned counsel cited a judgment ..... non-communication of reason for reopening of the assessment in writing to the petitioner is arbitrary and vitiates the proceeding initiated under section 12(8) of the act.2. in this case, a division bench of this court on 20.9.2001 while issuing notice on the question of admission indicated that there were .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Mar-26-2007
Reported in : 296ITR350(P& H)
..... . briefly the facts, as noticed by the tribunal in the statement of case, are that the assessee was a partnership firm working as sole-selling agent of m/s. central distillery and chemical works ltd. (for short 'the principal') for sale of indian made foreign liquor. while filing the return for the assessment year in question, the assessee claimed bad debt to ..... not even protest. there was always the domocles sword in the shape of clause 18 hanging under which by one month's notice the sole selling agency could be terminated. acting on the basis of the letter dated october 30,1973, the principal debited the account of the assessee with the irrecoverable amount and reduced his credit from commission by its ..... of the commissioner of income-tax (appeals) rejecting the assessee's claim of deduction of rs. 4,15,944 as bad debt under section 36(2) of the income-tax act, 1961, the appellate tribunal is right in law in allowing the same as trading loss incurred by the firm under section 37 of the ..... act?2. whether, on the facts and in the circumstances of the case, the appellate tribunal is right in holding that the agreement dated october 1, 1973, between the principal. central .....Tag this Judgment!
Court : Guwahati
Decided on : Feb-21-2007
..... of any land in the form of crop share shall be deemed to hold such land;(ii) any person who cultivates land in partnership with the tenure holder shall not be deemed to hold such land;(iii) any person to whom only the right to cut grass or to ..... i) a charge-sheet was filed, in lumdingiri police station case no. 73(7)/2004 (corresponding to gr case no. 240(s)/2004, under section 376, ipc, against the present petitioner as accused, whereupon judicial magistrate, 1st class, chillong, committed the case to the court of additional sessions judge (ad hoc), shillong, ..... assistant sessions judges....(3) the sessions judge may also make provision for the disposal of any urgent application, in the event of his absence or inability to act, by an additional or assistant sessions judge, or, if there be no additional or assistant sessions judge, by the chief judicial magistrate, and every such ..... converting sub-section (2) of section 193 of the old code into section 194 of the new code, was not an accidental omission, but a deliberate act of codification becomes transparent if one takes into account the provisions of the code, both old as well as new, which relate to hearing of appeals. ..... purposes from a tenure holder and who is not an occupancy tenant under section 169 or as protected lessee under the berar regulation of agricultural leases act, 1951, shall be ordinary tenant of such land.explanation section - for the purposes of this(i) any person who pays lease money in respect .....Tag this Judgment!
Court : Punjab and Haryana
Decided on : Jul-26-2007
Reported in : (2008)214CTR(P& H)223; 311ITR377(P& H)
..... partner? 2. facts as emerge from the statement of the case are that m/s kulwant industries, jalandhar ( to be referred as 'assessee') is a partnership firm, which has four partners. the assessee firm drives its income from manufacture and sale of oil engine parts. it filed its return on 25-08-1989 ..... in his capital account amounting to rs.25,000/-., which he claimed as gift by non-resident indian. the assessing officer made an addition of rs.25,000/-by treating the same as un-explained income credited in the capital account of sh. jaswinder ..... . state of u.p. : 3scr239 , hon'ble the supreme court considered the expression 'gift' in the light of section 122 of the transfer of property act, 1882, holding that a gift must have two initial characteristics, namely, (a) it must be made voluntarily; and (b) it should be without consideration. the aforementioned ..... income of rs.1,00,040/-and the assessment was completed by the assessing officer vide order dated 29-11-1989 under section 143(3) of the act. one of the partners sh.jaswinder singh, who enjoyed 15% of the share in the assessee firm was asked to explain the credits, which appeared ..... 1989-1990. the revenue succeeded in persuading the tribunal to refer the following question of law under section 256(1) of the income tax act, 1961 (for brevity 'the act') for the opinion of this court:whether, on the facts and circumstances of the case, the ld. itat was right in law to .....Tag this Judgment!
Court : Allahabad
Decided on : Mar-21-2007
Reported in : 299ITR431(All)
..... mentioned as follows:both the coparceners of the hindu undivided family namely, shri ram lal and roshan lal, are enjoying share income from the different partnership firms and are regular assessees since long at present in central circle ghaziabad. they are living and messing jointly and are making regular withdrawals from ..... faced by the petitioner while rejecting the prayer for waiving the amount of interest and penalty under sub-section (4) of section 273a of the act.7. shri shamboo chopra, learned standing counsel, submitted that the commissioner of income-tax, has recorded a finding of fact that both the persons, ..... alternative, a claim was also made under sub-section (4) of section 273a of the act, which ought to have been considered and taking into consideration the genuine hardships the petitioner was facing, the amount of interest and penalty should have ..... and had also deposited the entire amount of tax and, therefore, had fulfilled the requirement of sub-section (1) of section 273a of the act. the commissioner of income-tax, therefore, ought to have waived the entire amount of interest and penalty so imposed. he further submitted that in the ..... assessing authority levied interest under sections 139(8), 215 and 217 as also penalty under sections 271(1)(c) and 273(2)(a) of the act.4. the petitioner made an application for waiving the interest as also the penalty imposed upon it. the said application has been rejected by the .....Tag this Judgment!
Court : Allahabad
Decided on : Aug-02-2007
Reported in : 2008(2)AWC1212
..... anr. v. gurumukh das saluja and ors. : air2004sc1433 . it has been categorically held that in the scheme of arbitration and conciliation act, 1996, the arbitration clause is separable from other clauses of a deed (there it was partnership). it has further categorically held that the arbitration clause constitutes an agreement by itself. therefore, such reference, as above, is a complete ..... govardhan das byas and ors. : air1984sc143 , it was held that unregistered lease deed can be admitted in evidence for collateral purpose, invoking proviso to section 49 of the registration act, as terms of lease are not a collateral purpose within its meaning. in rai chand jain v. miss chandra kanta khosla : air1991sc744 , speaks that it is well settled that ..... as evidence of any transaction affecting such property or conferring such power,unless it has been registered:provided that an unregistered document affecting immovable property and required by this act, or the transfer of property, 1882, to be registered may be received as evidence of a contract in a suit for specific performance under chapter ii of the ..... answer to the argument. moreover, section 7 of the arbitration act clearly speaks what is the requirement for holding an agreement as an arbitration .....Tag this Judgment!
Court : Gujarat
Decided on : Aug-24-2007
Reported in : AIR2008Guj6
..... with manufacturing units in the state of rajasthan at kota, jaipur and udaipur. in these petitions under article 226 of the constitution, the petitioners (two private limited companies and one partnership firm) challenge the decision of the respondent no. 1 'gujarat civil supply corporation ltd. (hereinafter referred to as 'the corporation')' excluding the petitioners from further tender process after opening of ..... has excluded the petitioners' tenders only on the ground that the petitioner are from outside the state of gujarat.15. reliance placed on the decisions of the apex court in indian cement v. state of andhra pradesh : 2scr574 and shri digvijay cement co. v. state of rajasthan (1997) 5 scc 406 : air 1997 sc 2609 is also misconceived. those cases ..... milk to be supplied by respondent no. 3. the apex court took into consideration all such factors and held that the failure on the part of the respondent authorities to act fairly and justly gave a right to the appellant to move the court.a perusal of the above relevant factors, which were found by the apex court as not taken .....Tag this Judgment!
Court : Madhya Pradesh
Decided on : Aug-30-2007
Reported in : (2008)215CTR(MP)521
..... family property for themselves and their descendants. reilly j. observed as under:as i understand the matter, a hindu joint family firm is a special form of partnership, the members of which must be either the whole of a joint family, or the whole of a branch of a joint family.14. it was ..... branches of a joint hindu family can constitute a subordinate hindu family under the hindu law came up for judicial debate for the first time before the indian courts in one of the oldest but celebrated case way back in the year 1901 before madras court viz. sudarsanam maistri v. narasimhulu maistri ilr 25 ..... whether in the capacity of individual or aop or co-owner or joint owner, must be initiated by ao by taking recourse to separate proceedings as provided under the it act. in other words, the ao cannot then hold an inquiry in the assessment case of 'a' for finding out as to particular income belongs to 'b' ..... huf intact. as has been held by judicial precedents quoted supra, the formation of huf is purely a creature of law and not a creature by act of parties exception being that of adoption. in the present case 3 smaller hufs who claimed to have received the properties by will were not formed by ..... , viz., the undivided state-it forms a corporate body. such corporate body with its heritage, is purely a creature of law and cannot be created by act of parties, save insofar that, by adoption, a stranger may be affiliated as a member of that corporate family.adverting to the nature of the property owned .....Tag this Judgment!