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Case Laws
Showing 41 to 60 of 242 Records
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1980 (4) TMI 285 - MADRAS HIGH COURT
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... ... ..... uld be given a restrictive meaning. Secondly, the provision for exclusion might have been made ex abundanti cautela, and from that alone no inference can be drawn that the word namely had not been used in its normal and natural sense, but had been used in a different sense. In substance, the argument of Mr. Natarajan is that the word namely is only illustrative and not restrictive and, therefore, every item of cattle feed will fall within the scope of the notification. If the intention of the Government was to exempt every article that will reasonably answer the description cattle feed , then the Government would have simply used the expression cattle feed without adding namely and what follows it. In view of this we are unable to accept either of the contentions put forward by Mr. Natarajan on behalf of the respondent. Under these circumstances, the tax revision case is allowed and the order of the Tribunal is set aside. There will be no order as to costs. Petition allowed.
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1980 (4) TMI 284 - ALLAHABAD HIGH COURT
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... ... ..... y nor extortionate. Ex hypothesi its reasonableness cannot be questioned. Even if it is justiciable it has been shown to be reasonable. Towards the end, the learned counsel faintly submitted that the amending Act violates article 20 of the Constitution because the provisions of the Sales Tax Act relating to prosecution of dealers can be invoked against the petitioner. We are not told here whether the provisions of the Sales Tax Act relating to prosecution would become applicable because of the retrospective levy and the technical failure of the dealers to comply with it prior to the enforcement of the amending Act. Moreover, the petitioners do not complain of prosecution. So, on fact, the situation does not arise. We are hence not called upon to consider whether the impugned amending Act violates article 20 of the Constitution. In the result, the various submissions raised in support of the writ petitions having failed, the same are dismissed with costs. Petitions dismissed.
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1980 (4) TMI 283 - MADHYA PRADESH HIGH COURT
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... ... ..... the application is finally disposed of, either by its dismissal where no reference is made or where reference is made after the appeal is again decided in the light of the opinion expressed by the High Court, that the order in appeal attains finality. The words within a period of three calendar years from the date of order as used in section 18(8) must, in our opinion, refer to the date when the order assumes finality. So even in a case where no reference is made and the application for reference is dismissed by the Tribunal or the High Court, the period of limitation would run from the date of dismissal of the application. For these reasons it cannot be said that the reference applications pending before the Tribunal have become infructuous or that the proceedings for reassessment have become barred by limitation. 9.. The petitions fail and are dismissed, but without any order as to costs. The security amount in each case be refunded to the petitioner. Petitions dismissed.
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1980 (4) TMI 282 - ALLAHABAD HIGH COURT
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... ... ..... make any provision authorising the authorities to apply to the High Court for review of its judgment given in a writ petition. Such a course has been adopted by the State Legislature under some amending Acts like section 5(2) of the U.P. Tendu Patta (Vyapar Viniyaman) (Sanshodhan) Adhiniyam (5 of 1980) read with section 5 of Ordinance No. 21 of 1979. In this situation, the mandamus issued by this Court having become final is binding between the parties and the respondents are bound to give effect to it, lest they may be guilty of contempt of court. In the result, we hold that the U.P. Sales Tax (Amendment) Act (17 of 1974) was valid and intra vires. The respondents are, however, directed to forthwith obey the mandamus issued by this Court in Writ Petition No. 2443 of 1972 decided on 9th November, 1973, in respect of the assessment year 1967-68. The various other reliefs claimed in the writ petition are refused. The respondents will be entitled to costs. Ordered accordingly.
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1980 (4) TMI 281 - RAJASTHAN HIGH COURT
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... ... ..... any stretch of argument they are capable of being used to any other purpose cannot affect the main classification to which they belong. The word accessory appearing in item 29 will have to be read in its own context and not disjunct from the word appearing prior to it. The kind of item, which forms subject-matter of tax has to be determined by its ordinary or commonly known purpose or use. We have already observed that it is evident from the proved facts that the items which have been mentioned in the application filed under section 12A of the Act are the equipments and they are accessories required for generation, transmission or distribution of electric power and as such taxable at concessional rate of 5 per cent under item 29 of the notification dated 2nd November, 1965. The reference is answered accordingly against the revenue and in favour of the assessee. In the facts and circumstances of this case, the parties will bear their own costs. Reference answered accordingly.
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1980 (4) TMI 280 - MADHYA PRADESH HIGH COURT
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... ... ..... ed without noticing the distinction between a calendar year and a year, it cannot be inferred that the Supreme Court gave any decision as to the meaning of the expression calendar year and that the Full Bench decision in the Kanhayyalal s case 1958 9 S.T.C. 503 (F.B.) 1958 M.P.L.J. 313 (F.B.). stood overruled. In these circumstances, we are not prepared to depart from the ruling of the Full Bench in the Kanhayyalal s case 1958 9 S.T.C. 503 (F.B.) 1958 M.P.L.J. 313 (F.B.). regarding the meaning of the expression calendar year . It is not in dispute that if a period of limitation for commencement of reassessment proceedings is computed in accordance with the meaning given to the expression calendar year in the Kanhayyalal s case 1958 9 S.T.C. 503 (F.B.) 1958 M.P.L.J. 313 (F.B.)., the impugned notices are within limitation. 7.. The petitions fail and are dismissed. There shall, however, be no order as to costs. Security amount be refunded to the petitioner. Petitions dismissed.
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1980 (4) TMI 279 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... favour of the assessee and against the revenue. There shall however be no order as to costs. The case shall now go back to the learned Tribunal for being forwarded to the Assessing Authority for a fresh decision in accordance with law and in the light of the observations made by us. We might add at the cost of repetition that since the notice to the assessee had been issued within the period prescribed by section 11 of the Act, it shall not be open to the assessee to raise the question of limitation. The parties through their learned counsel are directed to appear before the learned Tribunal on 22nd September, 1980. If they so do, the learned Tribunal shall fix a date for their appearance before the Assessing Authority. In case the assessee fails to appear before the learned Tribunal on that date, it shall be open to the learned Tribunal to affirm the orders already passed against the assessee in ex parte proceedings. DHILLON, J.-I agree. Reference answered in the negative.
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1980 (4) TMI 278 - SUPREME COURT
Whether appeal maintainable against the Coffee Board?
Whether the amendment introduced by insertion of sub-section (3) in section 5 of the Central Sales Tax Act is ultra vires article 286(2) of the Constitution?
At what point of time the property in the coffee sold at export auctions conducted by the Coffee Board passes to the registered exporters (auction purchasers)?
Held that:- Writ petitions are partly allowed. The impugned circular dated 7th February, 1977, to the extent to which it insists on production of an agreement with or an order from a foreign buyer from the registered exporters before participating in export auctions is quashed; it is also quashed hereafter to the extent to which it requires the registered exporters to make contingency deposits or furnish bank guarantees out of abundant caution inasmuch as such requirement would be unnecessary in view of our authoritative pronouncement. The Coffee Board may, if so advised, modify its circular or issue an appropriate circular requiring the production of an agreement with or an order from a foreign buyer from the registered exporters just before the property in the coffee sold at such auctions passes under clauses 19 and 20 of the auction conditions.
As regards past dealings and transactions, final assessment, if any, made by the taxing authorities as well as recoveries if made thereunder contrary to the view expressed by us above deserve to be set aside and reassessments made and the concerned State Governments will direct their taxing authorities to do the needful and further direct the refund of recoveries made to the Coffee Board which in its turn will refund the same to the concerned registered exporters. Assessments or recoveries if made in conformity with our judgment need not be disturbed.
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1980 (4) TMI 269 - HIGH COURT OF CALCUTTA
Circumstances in which a company may be wound up ... ... ... ... ..... itioning creditor cannot and does not arise. That will only arise if the company is wound up and the assets of the company are realised by the liquidator in the administration of the company in winding-up. Therefore, there is no substance or any merit in the contentions raised by the respondent-company in this winding-up petition and, at this stage it cannot be said that the winding-up petition is an abuse of the process of the court. On the other hand, the company appears to be lacking in commercial morality and infringing the norms of international commercial transactions and trying to take advantage of its own default. Therefore, it must be held that the company is unable to pay its debts at this stage. In the result, the winding-up petition is admitted. The same is to be advertised once in Statesman, once in Basumati and once in Calcutta Gazette but such advertisement not to be published before April 16, 1980, and the matter to appear in the list on the 27th of May, 1980.
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1980 (4) TMI 262 - HIGH COURT OF DELHI
Investigation of Company’s Affairs in other cases ... ... ... ... ..... ced above. However, the most noteworthy feature of this case is that a special audit under section 233A which was proposed was dropped after considering the books of the company. As all the facts under consideration relate to the years 1971-72 to 1975-76, it does appear that no new material had come to light which did not exist earlier. The result of all this analysis would show that the requirements of the section as pointed out by the Supreme Court in the aforementioned judgments have not been fulfilled. The circumstances which must exist objectively have not been shown to exist. It would thus follow that we have to accept the present petition and quash the order passed by the Company Law Board exercising the powers of the Central Govt. under section 237(b) of the Act. We accordingly issue a writ to quash the order dated 12th May, 1977, whereby inspectors were appointed to make an investigation into the affairs of the company. The petitioner will get costs of this petition.
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1980 (4) TMI 253 - HIGH COURT OF DELHI
Winding up – Suits stayed on winding-up order, Power to apply to court to have questions determined or powers exercised, Avoidance of certain attachments, executions, etc.
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1980 (4) TMI 252 - HIGH COURT OF PUNJAB AND HARYANA
Alternate Director – Appointed and Term of Office of ... ... ... ... ..... lf on the use of the word competent by the learned single judge in disposing of the petition. In the present case, we are disinclined to advert to this aspect of the case because undeniably an intricate dispute on facts had been raised and the learned single judge, therefore, declined to go into the same and leave the appellants to their ordinary and the more appropriate remedy by way of civil suit. As we read the judgment, the clear tenor thereof is that the appellants should resort to the ordinary jurisdiction which is obviously more suitable to the resolving of issues of fact. Mr. J.S. Narang for the appellant was himself very fair in conceding that undoubtedly the civil courts had the jurisdiction to go into the nature of the disputes sought to be raised in the petition and grant the relief which was primarily claimed therein. In this view of the matter, we do not find any merit in this appeal, which is hereby dismissed. Parties are, however, left to bear their own costs.
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1980 (4) TMI 238 - HIGH COURT OF KERALA
General provisions with respect to memorandum and articles - Effect of memorandum and articles, Charges – Registration of
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1980 (4) TMI 237 - HIGH COURT OF DELHI
Winding up – Suits stayed on winding-up order ... ... ... ... ..... ain it wrongfully, there is no logic or rationality which prohibits the official liquidator, in the event of the refusal by the ex-director to return the amount, to proceed against him under section 446 of the Companies Act. He does not have to, nor indeed it may be possible to, proceed against the ex-director under section 543 of the Act, if no fraudulent conduct was alleged. Section 446 in terms applies to claims against every one. It is impossible to cut down the width of the section by excluding the directors from its ambit. This would be adding to the language of the statute, which is not permissible, unless the result was to lead to absurdity or anomaly, for which we find no basis. We, therefore, would hold that the learned judge was right in directing the payment of the amount by the appellant and by respondent No. 2, though we have arrived at this conclusion by a different process of reasoning. There is thus no merit in the appeal and the same is dismissed with costs.
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1980 (4) TMI 236 - HIGH COURT OF GUJARAT
Managing director - Approval of Government for appointment, Power of Central Government to accord approval etc., subject to conditions, Power of Central Government to fix a limit with regard to remuneration
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1980 (4) TMI 217 - ITAT PUNE
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... ... ..... der. Though the ld. Deptl. Rep. made out number of points, non of them impressed us. Reading the Trust Deed as a whole, we come to the conclusion that the beneficiaries are known, the shares are determinate and known and it is wrong to say that it is not factually so. All the aspects of the arguments of Shri Kothari were also considered by the earlier Bench and, therefore, we see not justification to depart from the view taken earlier. In fact the arguments advanced by Shri Patil impressed us and we though at the cost of repetition say that the beneficiaries are known and their shares are determinate. Though it may appear that the Trust is discretionary, factually it is not so. Though there is accumulation, if any, it is for the benefit of minors and only the manner in which the beneficiaries will have to enjoy are left to the best discretion of the trustees and, therefore, we have no hesitation in upholding the order of the AAC. They are upheld and the appeals are dismissed.
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1980 (4) TMI 216 - ITAT PUNE
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... ... ..... ges, namely, before the ITO the assessee has stated that he has received a sum of Rs. 5,000 from Shri Rajendra T. Shah and subsequently he has changed the version that he has received Rs. 3,000 from Shri Rajendra by cash on 18th Nov., 1977 and Rs. 2,000 by way of cash on 20th Nov., 1974. 5. We do not agree with the contention of the Deptl. Rep. as on the perusal of the fact it is quite evident that the assessee has taken Rs. 5,000 from Shri Rajendra. If Shri Rajendra in his deposition has stated that he has given Rs. 3,000 at one time and Rs. 2,000 at another time, that cannot be considered to be an inconsistent stand taken by the assessee. We are, therefore, of the opinion that the provisions of law laid down in 83 ITR 369 holds good to the facts of the case in hand. We do not find any justification in the order of AAC. We, therefore, squash the order of the AAC and cancel the penalty imposed by him under s. 271(1)(c). 6. In the result, the appeal of the assessee is allowed.
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1980 (4) TMI 211 - ITAT PATNA-B
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... ... ..... of T.R. Jayasankar vs. Asst. CED (3), that s. 34(1)(c) of the aid Act is constitutional. Similar view has been held in the case of N. Krishna Prasad vs. Asst. CED, Guntur (4), and also in the case of Smt. Komanduri Seshamma vs. Appl. CED (5). Similar view has also been held in the case of N.V. Somaraju vs. Government of India and others (6), and also in the case of Hari Ram vs. Asst. CED Cum-IT Circle. Gurgaon, and Others (7), and also in the case of Badri Vishal Tandon vs. Asst. CED, Allahabad, and Others (8). 15. Thus almost all the High Courts excepting the Madras High Court have taken the view that s. 34(1)(c) of the said Act is constitutional. Following the majority decisions we hold that the shares of the lineal descendants were rightly taken by the Asst. CED for rate purposes. We, therefore, uphold the action of the Appl. CED. However, the Asst. CED is directed to modify the order in view of the reliefs we have allowed. 16. In the result, the appeal is allowed in part.
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1980 (4) TMI 208 - ITAT PATNA-A
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... ... ..... more and more moisture and, therefore, the yield of the assessee was low. He stated that during the preceding year, the assessee purchased from January to December and the yield was shown at 62.42 per cent and the same was accepted. Accordingly, he urged that the addition may be deleted. The Deptl. Rep. strongly supported the order of the AAC and urged that the addition should be sustained. 4. The assessee has explained the facts that the low yield during the year under appeal was only due to the excessive moisture in paddy. The entire paddy was purchased by the assessee during November/December and, therefore, the paddy contained more moisture and the yield was low. The assessee in the immediately preceding year disclosed higher rate of yield because the purchases were made since January to December. If the facts of the case are taken into consideration, the yield shown by the assessee is fair and, therefore, the addition is deleted. 5. In the result, the appeal is allowed.
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1980 (4) TMI 207 - ITAT PATNA-A
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... ... ..... held that only two members are in the family and so he held that 10 kgs. of silver utensils can be used for domestic purposes. No such distinction can be made. It is not impossible that when the relations increase, all the silver utensils could be used for domestic purposes. Taking into consideration the assertions of the assessee in the disclosure petition and in the receipt granted by the purchaser and following the order of this Tribunal in ITA No. 865 (Pat) of 1979, I hold that the entire 25 kgs. of silver utensils were meant for domestic purposes and so they cannot be said to be capital asset in view of s. 2(14) of the said Act and so no capital gains can arise in view of s. 45 of the said Act. I, therefore, hold that the entire 25 kgs. of silver utensils are exempt under s. 2(14) of the said Act as they cannot be treated as capital asset for the purposes of capital gains. 12. In the result, the departmental appeal is dismissed and the cross objection is allowed in part.
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