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Showing 21 to 40 of 137 Records
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1979 (12) TMI 145
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... ... ..... exure 12, which is a notice under sections 11 and 14 1966 17 S.T.C. 473 (S.C.) A.I.R. 1966 S.C. 1216. of the Bengal Act, was sent to the petitioners at the same address in Bihar. Sri T.K. Jha has, therefore, rightly urged that the cause of action, which constituted a bundle of facts, arose in the State of Bihar. In support of the contention the learned counsel has referred to a decision reported in Veeri Chettiar v. Sales Tax Officer, Bombay 1970 26 S.T.C. 579 A.I.R. 1971 Mad. 155. From the two annexures 11 and 12 and also other correspondence entered into between the parties I feel satisfied and hold that the cause of action with regard to the impact of liability to be taxed by the taxing authorities arose in Bihar and the contention of Sri Dayal on this score is ruled out. 14.. In the result, the orders contained in annexures 11 and 12 are hereby quashed. In the circumstances of the case, I do not propose to pass any order as to costs. JHA, J.-I agree. Ordered accordingly.
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1979 (12) TMI 144
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... ... ..... scribed above, Sulaiman and Company have acted only as agents. As we have pointed out earlier, it is not necessary that the agent should disclose the name of the Indian principal in respect of the transaction, which was entered into with the foreign buyer. Nor should (sic) there be any written contract or agency between the Indian principal and the agent (vide sections 186 and 187 of the Indian Contract Act). So long as the transactions were only on behalf of the Indian principal, there would be privity of contract as laid down in the extract from the judgment of this Court already referred to. The result is that the transactions in both the cases would be cases of export transactions entered into by the respective assessees. They were, therefore, exempt from tax. The order of the Appellate Assistant Commissioner is therefore correct and the Board was wrong in interfering with the said order. The appeals are allowed with costs. Counsel s fee Rs. 125 in each. Appeals allowed.
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1979 (12) TMI 143
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... ... ..... t the enhancement petition before the Sales Tax Appellate Tribunal itself was not competent. The amount having been given as a deduction by the assessing authority itself and in the absence of any petition for enhancement before the Appellate Assistant Commissioner, the submission was that the petition for enhancement before the Tribunal was not at all competent. We accept this submission. As the matter had not been raised at the stage of appeal before the Appellate Assistant Commissioner, the Sales Tax Appellate Tribunal could not have considered any objection which arose out of the original order of the assessing authority and not out of the order of the appellate authority. In these circumstances, we are unable to interfere with the order of the Sales Tax Appellate Tribunal as far as this turnover also is concerned, though our reasons for coming to this conclusion are different. This revision petition accordingly fails and is dismissed. There will be no order as to costs.
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1979 (12) TMI 142
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... ... ..... eturns filed by such retail dealer during his lifetime and the question whether, under sub-section (4) of section 10 of the Act, the liability of the retail dealer is only to the extent of the amount that was determined in accordance with section 7(1) of the Act during the lifetime of the retail dealer which remains unpaid, or it is the liability in respect of the amount that may be assessed after the death of the retail dealer, are substantial questions of law of general importance. In the circumstances, we are of the view that such questions may be decided by the Supreme Court. Accordingly, we direct that the necessary certificate be issued to the respondents under article 133(1) of the Constitution. As prayed for by the learned Advocate for the respondents, let there be stay of operation of this judgment for four weeks after the Christmas vacation. The interim order as granted by this Court will continue during the above period. SHARMA, J.-I agree. Appeals partly allowed.
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1979 (12) TMI 141
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... ... ..... ase of Bavchand and Co. v. State of Orissa 1976 38 S.T.C. 42. and, for the reasons recorded in the said judgment, our answer to the question referred is On the facts and in the circumstance of the case, the Additional Sales Tax Tribunal was wrong in holding that gold and silver ornaments were exigible to tax at the general rate of 5 per cent as per section 5(1) of the Orissa Sales Tax Act, but the same were exigible to tax at the rate of 7 per cent under serial No. 27 of the list of taxable goods with effect from 15th May, 1970. As there is no appearance for the assessee in spite of notice, there would be no order for costs. DAS, J.-I agree. Reference answered accordingly.
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1979 (12) TMI 140
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... ... ..... lthough interest payable under section 8 had accrued on the tax due and in view of section 8(1-C) it became a part of the tax, which the assessee had to pay, there was no obligation on the assessee to deposit such interest before the filing of the appeals and, particularly in this case section 8(1-C) was not attracted also, and the interest which had accrued on the tax admitted could not have been treated as a part of the admitted tax. In my opinion, therefore, the Assistant Commissioner (Judicial) as also the revising authority erred in holding that the appeals filed by the assessee were barred by time and could not be entertained. In view of the above discussion, the revisions are allowed and the Assistant Commissioner (Judicial) is directed to entertain the appeals and dispose them of according to law. The assessee is entitled to costs which are assessed at Rs. 250 in each of these two revisions and the counsel s fee in like figure, but of one set only. Petitions allowed.
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1979 (12) TMI 139
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... ... ..... efine the word cloth and that the word cloth according to its popular sense and as understood in ordinary parlance means any unstitched cloth and certainly not a pillow cover even though it is made of mill-made cloth after cutting it to appropriate sizes for pillow covers and stitching it for that purpose. This is also the conclusion reached with the aid of the above authorities throwing light on the question before us. 13.. As a result of the above discussion, it follows that the sales tax authorities did not commit any error in reaching the conclusion that a pillow cover does not fall within the ambit of entry 6 of Schedule I to the Madhya Pradesh General Sales Tax Act, 1958, and for this reason it was not exempt from payment of sales tax by virtue of section 10 of that Act. 14.. Consequently, the petition fails and is dismissed but, in the circumstances of the case, without any order as to costs. The security amount shall be refunded to the petitioner. Petition dismissed.
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1979 (12) TMI 138
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... ... ..... or distribute goods to the buyers. The sale of the goods was made by the cultivators who were the owners of the goods and they supplied the goods directly to the buyers because they remained present at all material times when the transaction took place. The learned Government Advocate also relied upon the case of Madhya Pradesh State Co-operative Marketing Society v. Commissioner of Sales Tax 1971 27 S.T.C. 45. This case is distinguishable on facts. In this case it was found that the assessee had complete dominion and control, and full authority to sell the goods and was, therefore, a dealer. The facts here, as noticed above, are entirely different. 5.. For the reasons given above, we answer the question referred to us as follows The assessee was not a dealer in respect of transactions of Rs. 74,00,741.96 and these transactions could not be included in the taxable turnover of the assessee. There will be no order as to costs of this reference. Reference answered accordingly.
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1979 (12) TMI 137
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... ... ..... b. Any vessel (or other article) serving a useful end or purpose 1502. c. esp. A tool or implement used by artisans, farmers, etc. 1604. 3. One who is made use of (rare) 1678. 4. A sacred vessel, etc., belonging to, and esp. used in the services of a place of worship 1650. 5. (Chamber) utensil, a chamber pot 1699. The ordinary dictionary meaning of the word utensil is thug sufficiently wide to include any article useful or necessary in a household. We see no reason to hold that the entry in question should be limited to cover those utensils only which are generally used in a kitchen. If roadside labour gangs employed in a construction work use the articles in question, those articles would not cease to be utensils on that account. 5.. For all these reasons, our answer to the question referred to us is in the affirmative and in favour of the assessee. In the circumstances of the case, parties shall bear their own costs of this reference. Reference answered in the affirmative.
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1979 (12) TMI 136
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... ... ..... any authority to support this casual observation made at the end of the extract by Raina, J., and relied on by Shri Chaphekar, has been placed before us. As we read the final outcome of Justice Raina s observations, the learned Judge himself had negatived the applicability of article 20 to such a situation. 10. It follows necessarily that article 20(1) of the Constitution is not attracted to a provision providing for imposition of penalty in a fiscal law and, therefore, no question arises of its violation by the amending Act (M.P. Act No. 13 of 1971) by which section 17 of the M.P. General Sales Tax Act, 1958, was amended in the manner aforesaid. The only argument advanced in support of this petition to challenge the vires of the amendment made in section 17 of the principal Act therefore fails and is rejected. 11.. Consequently the petition fails and is dismissed but without any order as to costs. The security amount shall be refunded to the petitioner. Petition dismissed.
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1979 (12) TMI 135
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... ... ..... hould be consumed in the manufacture of other goods for sale or otherwise. No doubt in this case office files were manufactured by the dealer. But in that manufacture, the folded clips were not consumed but were merely used or utilised. The language used in the section is consumes such goods in the manufacture of other goods and not uses such goods in the manufacture of other goods . Consequently, we agree with the conclusion of the Tribunal and hold that since the folded clips were not consumed in the manufacture of office files, the purchase turnover does not attract tax under section 7-A of the Act. The tax revision case is, therefore, dismissed. Petition dismissed.
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1979 (12) TMI 134
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... ... ..... Income-tax Officer is satisfied that the remuneration or the salary paid is excessive and not commensurate with the genuine business needs, he has jurisdiction to disallow such claims. The Tribunal, in the present case, has found that the assessee had enhanced the salaries of three employees during the relevant previous year by two hundred per cent and keeping in view the business requirements of the assessee it was not reasonable on the part of the assessee to have granted further remuneration by way of giving a percentage of the profits earned. The Tribunal could justifiably, on these considerations, disallow the expenditure as not being commensurate with the reasonable business activities of the assessee. We accordingly answer both the questions in the affirmative, in favour of the department and against the assessee. The department is entitled to its costs which are assessed at Rs. 200. Counsel s fee is assessed at the same figure. Reference answered in the affirmative.
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1979 (12) TMI 133
Circumstances in which a company may be wound up, Winding up – Statement of affairs to be made to official liquidator, Powers of tribunal on hearing petition
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1979 (12) TMI 124
Amalgamation ... ... ... ... ..... on under section 394 read with section 391(2) of the Companies Act. For all the foregoing reasons, both the applications are ordered as prayed for subject to the condition that NBE P. Ltd. will get itself converted into a public limited company by getting its articles of association duly amended as requirad by law and that the scheme shall come into operation only with effect from July 1, 1978, and that all the assets and interest of VDCT Ltd. shall stand transferred to and vest in NBE P. Ltd. with effect from July 1, 1978, or from such other date as the Central Government may specify while sanctioning its approval under section 72A of the Income-tax Act, 1961, and not with effect from 30th September, 1977, as prayed for in clause (b) of para. 16 of Company Petition No. 9 of 1978 and clause (b) of para. 15 of Company Petition No. 10 of 1978. Subject to the above conditions, both the petitions are ordered as prayed for. In the circumstances, there will be no order as to costs.
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1979 (12) TMI 123
Powers of court to grant relief in certain cases ... ... ... ... ..... ssible for this court to avert such a situation. Section 633(2) empowers the High Court to grant relief against apprehended actions for negligence, default, breach of duty, misfeasance or breach of trust. That the above terms are wide enough to cover an apprehended criminal prosecution for contravention of section 210, has been laid down by Raman Nayar J. (as he then was) in In re Bank of Deccan Ltd. 1960 30 Comp. Cas. 284 (Ker.). The section applies only to officers and not to the company itself, and the first petitioner in C.P. No. 45 is, therefore, not entitled to any relief. As regards the other three petitioners who are directors, I consider it proper, for the reasons stated above, that they be relieved of the criminal liability under section 210 on condition that the adjourned annual general meeting is called within two months from today and the profit and loss account and the balance-sheet for the period ended December 31, 1978, are laid before it. Ordered accordingly.
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1979 (12) TMI 108
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... ... ..... other words when the property is in occupation of the owner since last several years and there is no material on record to indicate that the property had undergone substantial change by addition and alteration or substantial repairs, the annual letting value should ordinarily be determined with reference to the first year of the occupation by the owner of the property, that is to say that the reasonable routine on the property in the year in which the property was constructed as well as the rent then prevailing in the locality . 6. Accordingly, on the facts and in the circumstances of the assessee s case in appeal before us, we feel inclined to set aside the orders of the lower authorities on the count of taking the S.O. property at Rs. 5,400 and taking the net income at Rs. 3,000 and further direct that the S.O. property income as has since been returned by the assessee shall be substituted in place thereof, with the result te appeal of the assessee succeeds and is allowed.
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1979 (12) TMI 107
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... ... ..... ITO has made penalty order without applying his judicious mind. In view of our discussion as above, and applying the ratio of the decisions of the Hon rsquo ble Supreme Court in the cases of Hindustan Steel Ltd. and Khoday Eswaras and Sons, we are of the opinion and do hold that the facts of the case in appeal before us did not warrant imposition of penalty under s. 221 (2) of the Act inasmuch as, the Hon rsquo ble SUPREME Court has since held that the penalty proceedings were quasi judicial and penal in character and no material has been brought on record to show contumacious conduct and mind of the assessee to warrant and justify imposition of penalty. 9. More so, the amount of tax payable stands paid, having been paid by the assessee on his own, the revenue has not suffered any loss. We uphold the impugned order of the AAC which is based on correct appreciation of the facts and circumstances of the case. 10. In the result, the appeal by the revenue fails and is dismissed.
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1979 (12) TMI 102
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... ... ..... t of which interest claim was made. But the assessee s contention that the entire borrowings have been utilised for the purpose of business had not been adequately scrutinised. Some items were placed before us from which it would appear that the assessee had borrowed monies for the purpose of business but this would not be sufficient. We, therefore, set aside the orders of the authorities below and restore the matter to the file of the ITO for scrutinising whether the monies in respect of which the claim for interest had been made were in fact utilised for the purpose of business. In case, the borrowed monies were utilised for the purpose of business, the fact that a partner had borrowed monies from the current earning of the firm for his private needs would not disentitle the assessee to the claim for interest on the borrowed funds, following the Bombay High Court s decision in the case of Bombay Samachar Limited (1). The appeal will, therefore, be treated as partly allowed.
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1979 (12) TMI 99
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... ... ..... , though casual and non-recurring, may be taxable as income arising from business. Reference may be made to the decision in the case of Ram Kumar Agarwala.(5) Mrs. Alexander (6) and Ghaneka (7). If the facts and the circumstances of the case are examined closely in the light of cl. 22 of the Articles of Association it would be clear that the transaction in question was entered into by the assessee with the intention of trading. So the rental income in question in both the years should be assessed as income from business. 10. In view of the aforesaid discussion, in my opinion, the ld. CIT (A) was not correct in holding that income in question should be assessed under the head income from other sources . 11. Accordingly, the finding of the ld. CIT is set aside. The ld. ITO shall assess the rental income as income from business. He shall allow all the business expenditure which were incurred by the assessee in earning such income. 12. In the result, both the appeals are allowed.
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1979 (12) TMI 98
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... ... ..... was the same, which finds place in the sale deed in question. In our opinion, the Competent Authority failed to bring on record cogent evidence for coming to the conclusion that the fair market value of the property exceeds the apparent consideration thereof by more than 25 per cent or 15 per cent of such apparent consideration. There is also no satisfactory evidence on record to establish that the instrument of transfer was executed with the object of facilitating the reduction or evasion of the liability of the transferor to pay tax under the IT Act, 1961, in respect of the income arising from such transfer. The transaction in question is quite genuine and was bona fidely executed. Thus, the Competent Authority was not justified in starting proceedings under s. 269C of the IT Act, 1961. 19. For the reasons discussed above, the order of the Competent Authority passed under s. 269F(6)should be cancelled. Accordingly, it is cancelled. 20. In the result, the appeal is allowed.
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