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Judgment Search Results Home > Cases Phrase: rationale Court: allahabad Year: 1970 Page 1 of about 5 results (0.008 seconds)

Feb 27 1970 (HC)

Saeed Ahmad Vs. Inspecting Assistant Commissioner of Income-tax, Range ...

Court : Allahabad

Decided on : Feb-27-1970

Reported in : [1971]79ITR28(All)

g.d. sehgal, j.1. the petitioner is a railway contractor and carries on business under the name and style of m/s. saeed ahmad and sons. he filed an income-tax return for the assessment year 1964-65 before the income-tax officer b-ward, circle ii, lucknow, opposite party no. 2, indicating an income of rs. 23,968.00. the amount of income in the return filed was arrived at as follows:rs.(a)coal handling contract of n. e, railway, charbagh zone. total payments received (fully backed by the certificate of payments from the disbursing department filed with the i.t.o.) net flat rate of profit estimated = 7% profit worked out to137,47534 9,62500(b)engimneering contract at lucknow. total paymentsreceived (as per certificate ofpayment from the disbursing officer filed with the i. t. o.54,89500net rate of profit estimated =7% profit worked out to 3,84300(c)purchase of- foundry clinckers of n. railway-totalpurchases (as per sale ordersin original filed with the i.t.o.)1,44,60000estimated sale1,50,00000net rate of profit estimated at 7%net profit worked out 10,50000grand total.21.968-002. it would thus appear that no actual accounts of income and expenditure were filed, but the income was assessed at certain rates of estimated profits. the return was not accepted by the income-tax officer concerned and the returned income enhanced to rs. 52,017.00, the income-tax officer applying the following rates :(a) engineering contract rate of profit applied 15% (b) coal handling contract rate of .....

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Jul 15 1970 (HC)

Jwala Prasad Radha Kishan Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : Jul-15-1970

Reported in : [1971]79ITR530(All)

t.p. mukerjee, j.1. the present reference raises the question of the admissibility of a sum of rs. 89,241 as an outgoing against the profits earned by the firm of m/s. jwala prasad radha kishan (hereinafter referred to as ' the assessee '), for the accounting year ending on july 8, 1956, relevant to the assessment year 1957-58. the material facts are as follows :the assessee is a registered firm carrying on business in cloth, share dealings, etc. on the 1st of march, 1951, the assessee had entered into an agreement with m/s. ranjeet singh & sons ltd. (hereinafter referred to as ' the company ') who were the sole selling agents of yarn and piece goods manufactured by shri vikram cotton mills ltd. (hereinafter referred to as ' the manufacturers '). the agreement was, substantially, to the effect that the company would sell and the assessee would purchase the entire output of the manufacturers, namely, piece-goods, yarn, hosiery, etc , and, in return, the assessee would be entitled to a rebate in price at the rate of re. 1-8-0 per hundred rupees. the clauses of the agreement relevant to this case are set out below : clause (1) : the company agrees and undertakes to sell to the said firm the entire output of shri vikram cotton mills ltd. that may be manufactured., i.e., all piece goods, yarn and hosiery, etc. clause (5): the firm has agreed to deposit a sum of rupees one lakh with shri vikram cotton mills ltd. on the request of the selling agents as a security against sales .....

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Jul 22 1970 (HC)

Murari Lal Agrawal and Sons Vs. the Assistant Commissioner (Judicial) ...

Court : Allahabad

Decided on : Jul-22-1970

Reported in : AIR1971All1; [1971]27STC402(All)

pathak, j.1. the petitioner is a partnership firm dealing in molasses, gur lota, rab salawat and other commodities. it was assessed under the central sales tax act for the period october 10, 1962 to march 31, 1963 on the inter-state turnover of gur lota. for the assessment years 1963-64 to 1964-66 it was assessed under the same act on the inter-state turnover for gur lota and also related commodities. the assessments were challenged in appeal. the petitioner contended that the turnover in question, if treated as turnover for the purposes of the u.p. sales tax act, would not have been liable to tax under that act because by reason of a notification under section 8-a of the said act, it was only the turnover in the hands of the manufacturer or importer of the commodity which attracted tax and the petitioner was neither a manufacturer nor the importer and consequently, it was submitted, it must also be considered as exempt under the central sales tax act. the contention did not find favour with the sales tax authorities. the petitioner now prays for relief under article 226 of the constitution.2. during the pendency of the petition, the president of india promulgated the central sales tax (amendment) ordinance, 1969. this has since been replaced by the central sales tax (amendment) act, 1969. in view of the amendment act, permission was granted to the petitioner to amend the petition and a number of grounds have now been included challenging the constitutional validity of the .....

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Jan 01 1970 (HC)

Shambhu Dayal and ors. Vs. Pt. Basdeo Sahai

Court : Allahabad

Decided on : Jan-01-1970

Reported in : AIR1970All525

gangeshwar prasad, j. 1. this application in revision has been, laid before this full bench upon a reference made by dhavan, j. it is directed against an order of the judge small cause court, agra (exercising the powers of a civil judge) by which he reversed in appeal an order of the munsif fatehabad, agra, refusing to set aside an award and sent back the case t9 him with the direction to hear, and decide the suit in which the award was given.2. the relevant facts are these. basdeo sahai, plaintiff, filed suit no. 121 of 1949 in the court of the civil judge, agra, against gauri shanker, basant lal and sukh ram for a declaration that he was in possession of the property in suit which is a house situate in qasba fizabad, district agra as its exclusive owner and that the defendants had no right to disturb his possession over it in any manner. the suit was transferred to the court of the munsif fatehbad, agra, by an order of the district judge. during the pendency of the suit gauri shanker and basant lal defendants died and their heirs were brought on record. the case of the plaintiff was that the house in suit was the self-acquired and exclusive property of saktoo who was an adopted son of mukund and his wife and who succeeded to the entire property left by them as such. it was alleged that after the death of saktoo his property devolved upon his son gur dayal and that the plaintiff was the son of gur dayal's sister, smt. jamuna devi. it was further alleged that gur dayal .....

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May 22 1970 (HC)

Jugal Kishore Jai Prakash Vs. Commissioner of Income-tax

Court : Allahabad

Decided on : May-22-1970

Reported in : [1971]79ITR598(All)

pathak, j.1. the income-tax appellate tribunal has referred the following three questions of law :'1. whether, on the facts and in the circumstances of the case, the tribunal was legally justified in holding that the gifts were to the detriment of the interest of the respective minors and not within reasonable limits in view of the provisions of the hindu minority and guardianship act, 1956 ? 2. whether the tribunal, on the facts and in the circumstances of the case, was justified in holding that the gifts were void at law ? 3. whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee-firm was not entitled to the deduction of the interest of rs. 9,000, paid to each of these two ladies, smt. prakash wati and smt. snehlata ?' 2. lala jugal kishore together with his sons, jai prakash and baij nath, and their respective families constituted a hindu undivided family. upon partition of the larger family in 1947, jai prakash and baij nath became the kartas of their respective hindu undivided families. the father and sons entered into a partnership under the name 'jugal kishore jai prakash', which is the assessee before us. the capital contributed by jai prakash and baij nath to the capital of the firm proceeded out of the funds of their respective hindu undivided families. jai prakash has a wife and four sons, two of whom were majors and two were minors at the relevant time. baij nath has a wife and a minor son. out of the .....

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