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Case Laws
Showing 21 to 40 of 100 Records
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1981 (5) TMI 115
Legality of the detention of Jahaubar Moulana under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974
Held that:- Reading of the entire counter affidavit makes it clear that in the opinion of the detaining authority, prosecution or no prosecution, the only effective way of preventing Jahaubar Moulana from engaging himself in objectionable activities was to detain him. Appeal dismissed.
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1981 (5) TMI 114
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... ... ..... manufactured by knitting are covered in the entry hosiery . Even in Verma Hosiery 1972 30 STC 606 1972 UPTC 258, the Bench was inclined to accept the recent and extended meaning of hosiery in the sense of knitted goods but as the items for consideration were mufflers and topas which were both knitted and, worn next to skin, it did not go into the question. As the notification which came up for consideration in Ram Lal s case 1969 Law Diary 41 was different than that with which the present revision is concerned it is not necessary to refer this case to a larger Bench. 17.. For reasons stated above this revision succeeds and is allowed. The question of law raised by the assessee is decided as under (i) that canteen sales were not taxable as the assessee was not a dealer. (ii) that cardigans and sweaters were not taxable as woollen goods but hosiery. The assessee shall be entitled to its costs which is assessed at Rs. 300. The fee of the standing counsel is assessed at Rs. 100.
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1981 (5) TMI 113
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... ... ..... ommissioner. The effect of non-filing of an appeal is that the finding is binding on the assessing authority when the case went back to that authority and also on the Appellate Assistant Commissioner while disposing of the appeal from the revised decision of the assessing authority. It is not binding on the Appellate Tribunal in the appeal filed under section 39 against the decision of the Appellate Assistant Commissioner. The Appellate Tribunal was free to arrive at its own decision on the question of liability of the petitioners to assessment to sales tax. 18.. It is thus clear that it was under an erroneous interpretation of the law that the Appellate Tribunal held that it had no jurisdiction to decide the issue regarding the petitioners liability to assessment. The order of the Appellate Tribunal is, therefore, set aside. The cases are remitted to the Appellate Tribunal for fresh disposal on the merits. The revision cases are disposed of accordingly. Ordered accordingly.
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1981 (5) TMI 112
Oppression and mismanagement –Power of Tribunal on application under sections 397 and 398 ... ... ... ... ..... eks of the valuation report being given by Shri Andley. (f)On the full consideration being deposited the same can be with drawn by the seller and the shares along with the blank transfer deeds handed over to the proposed purchaser. (g)Shri S. N. Andley shall be paid a total remuneration of Rs 20,000 plus out of pocket expenses. (h)Till the transfer of the shares takes place in the aforesaid manner, no immovable assets of the company shall be disposed of. (i)In order that there may be no deadlock in the working of the company, I nominate Shri P. N. Khanna, a retired Judge of this court, to be a director of the company till the shares are transferred as aforesaid. He shall be paid a monthly remuneration of Rs. 3,000 plus actual out of pocket expenses. (j)The parties are at liberty to approach this court from time to time for any further order or appropriate directions which may become necessary for the purpose of giving effect to this order. The parties to bear their own costs.
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1981 (5) TMI 111
Prior permission for taking up employment, etc., in India by foreign nationals ... ... ... ... ..... t petition itself. The respondent submits that as the permission was rejected by the court, holding of ice-shows at Madras amounted to a contempt of this court. It was wilful disobedience of the orders of this court. The petitioner, however, contends that there were no prohibitory orders by this court. He was entitled to conduct the shows and he was merely exercising his rights to carry on trade and business. If it is found that there is any transgression, the authorities are free to take any action according to law. The submission is that the petitioner has not committed any contempt of this court. Since I have held that all shows held before the show-cause notice are free from blame, the context of the petition itself has changed. The Madras shows were held in the months of March and April, 1981, that is, before the decision of this writ petition. I do not think that the petitioner can be held guilty of contempt of this court. The contempt petition is, therefore, dismissed.
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1981 (5) TMI 97
Requirements with respect to memorandum, General provisions with respect to memorandum and articles - Effect of memorandum and articles, Company – Incorporation of
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1981 (5) TMI 89
Deemed public companies, Share capital - Further issue of, Notice for Meeting, Director – Disclosure of interest by, Oppression and Mismanagement
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1981 (5) TMI 80
Demand - Limitation ... ... ... ... ..... admittedly, barred by the limitation prescribed for action under that section. 27. emsp We, therefore, hold that the bunkers in question were not assessable to import customs duty. Even if they were and duty was omitted to be charged before the ships left port due to an error, the respondent cannot revise, review or rectify the position after the lapse of so many years. 28. emsp For the above reasons, we direct the issue of a writ of certiorari quashing the nine orders of the Superintendent, Central Excise dated 30th September, 1964, 1st July, 1965 and 24th January, 1966. The appellate and revisional orders dated 10th Oct., 1966 and 16th June, 1972 confirming in part the orders of the Superintendent are also quashed. Consequently, the demands amounting of Rs. 2,59,692.03 made on the petitioner are quashed shall be refunded. 29. emsp In the result, the writ petition is allowed and the rule made absolute. The petitioner will be entitled to its costs Counsel rsquo s fee Rs. 500.
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1981 (5) TMI 77
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... ... ..... (Appeals) appears to be correct. The action under s. 61 was taken for not disclosing the interest in the construction of houses for coal mines on which the deceased spent Rs. 47,765. The scheme for under the Low mdash cost Housing Scheme for coal miners had been produced and cl. (10) of the agreement reads as follows 10. The house(s) so constructed including the land(s) on which they stand shall belong to and vest in the Board and shall remain the property of the Board even after the determination of the agreement. Therefore, it is clear that the deceased did not have any interest in the above house property on which he spent Rs. 47,765. However, whether the deceased had interest in the property or not is a debatable point and it is not a glaring mistake which can be rectified under s. 61 of the ED Act. Therefore, having in mind the decision of the Supreme Court in (1971) 82 ITR 50 (SC) the finding of the CED (Appeals) is maintained. 5. In the result, the appeal is dismissed.
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1981 (5) TMI 75
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... ... ..... e from property which may not be a correct guide since the income estimated from self-occupied portion does not have the same basis as the income assessed in respect of the let out portion, The safer guide will be the area under occupation and it is not in dispute that if more than 50 per cent of the area was occupied by the assessee for his own residential purpose, the benefit of this section would be available. Similarly, with regard to the property purchased all that the section requires is that it should be purchased for the purpose of his own residence. Any subsequent use would not be relevant. Therefore, the facts relating to the purchase of the house property would have to be ascertained in deciding this issue. Since these two issues have not been dealt with in the light of the relevant facts, we deem it fit to set aside the order of the AAC and restore the appeal to his file for fresh disposal in accordance with law. 5. In the result, the appeal is treated as allowed.
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1981 (5) TMI 73
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... ... ..... ed as specified in the instrument. According to the AAC, all these conditions are satisfied in the present case. The mere fact that the assessee had committed the defaults entailing a best judgment assessment u/s. 144 of the Act would not be a sufficient ground for refusing the benefits of registration. Similarly, the other factors mentioned by the ITO, namely the source of fund for the capital was not properly explained date on which the firm was registered with the Registrar of Firms was not given. Smt Rajammal, one of the partners did not respond to the summons issued, cannot be taken as valid grounds for refusing the benefits of registration to the firm. This is not a case where the ITO found that some of the partners are benami partners and that some of the partners are minors. Since all the conditions necessary for registration u/s. 185(5) of the Act have been complied with, we confirm the finding of the AAC. 6. In the result, the department rsquo s appeal is dismissed.
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1981 (5) TMI 72
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... ... ..... and prejudicial to the revenue. On the other hand. In the present case, there is no material to show that the assessment were made in a hurry specially when the procedure laid down u/s. 144B has been followed and a senior Officer of the Department has been associated in making the assessment. Nor is there any clear finding by the CIT that any items allowed in favour of the assessee in the assessments were in fact erroneous and prejudicial to the revenue. Few instances which we have mentioned above are enough to indicate that the assessee rsquo s objections have been brushed aside by the CIT for the purpose of restoring the matter to the ITO for fresh enquiry. This clearly shows an abdication of powers of the CIT by surrendering his judgment to the audit party and delegating his discretion to the IAC (assessing officer). Such a procedure vitiates the order of the CIT. In the circumstances, we have no hesitation in cancelling his order. 7. In the result the appeals are allowed.
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1981 (5) TMI 70
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... ... ..... r. no doubt has jurisdiction to revise the assessment under s. 24(2) where there is prima facie material to show that the GTO s order is erroneous in law and as a result it is prejudicial to the interests of the Revenue. In this case we do not find any material the basis on which the Commr. could have come to even a prima facie belief that the order of the GTO is erroneous in law. Moreover even if it could be assumed that the value on which the stamp duty has been paid by the assessee could be held to prima facie material according to us the explanation given by him and the reasons adduced therein established that the assessee did furnish all relevant material at the time of assessment. In the circumstances we are satisfied that the CGT (A) has not acted on proper basis and wrongly set aside the order of the GTO. We therefore hold that his order is without jurisdiction. 6. In the result, the order of the CGT is cancelled and that of the GTO is restored. The appeal is allowed.
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1981 (5) TMI 67
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... ... ..... examine the creditor. Shri Ranka, the ld. counsel for the assessee argues that the case having been adjoined from 14th Feb., 1977 to 15th Feb., 1977 for the purpose of cross-examination of the creditor, it cannot be said that sufficient opportunity was afforded to the assessee for the purpose of cross-examination. we agree with the assessee that no proper opportunity was given to the assessee to enable its senior counsel to cross-examine the creditor. On 14th Feb., 1977, the ITO should have adjourned the case with a reasonable gap to enable the counsel to cross-examine the creditor. We therefore, set aside the order of the AAC on this point and restore the case back to the ITO with a direction that he will afford a reasonable opportunity to the assessee rsquo s counsel for cross-examining the creditor. Thereafter, a finding on this issue will be recorded by the ITO after hearing both the parties. 7. The appeal will be treated to have been allowed only for statistical purpose.
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1981 (5) TMI 66
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... ... ..... t the amount of Rs. 4,554 was taxable as business income/short term capital gains. Shri Ranka, the ld. counsel for the assessee strongly opposed this ground. He says that this issue was never raised before the AAC and, therefore, the Revenue cannot agitate this ground for the first time before the Tribunal. The Ground No. 3 appears to be wholly mis-conceived. The only question before the AAC was whether there was sale at the time of contributing additional capital to the re-constituted firm and whether profits arising therefrom were taxable. The AAC answered that question saying that there was no sale and, therefore, no taxable profits accrued. There was no issue before the AAC whether the difference of Rs. 4,554 could be taxed either as short term capital or business income. There being no such issue, the AAC cannot be said to have erred in not holding that the impugned amount was taxable as business income/short term capital gains. 4. In the result, the appeal is dismissed.
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1981 (5) TMI 65
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... ... ..... rmation as to the fact relating to the escarpment of income was furnished by the audit party, according to the Tribunal. Before us also, no material has been shown by the revenue that an information of fact was given by the audit party there being no information of fact by the audit party and in the opinion of the Tribunal, the audit party having given only the information of law, we hold that the proceedings u/s. 147 (b) were not validly initiated, as the audit party is not competent to give any information of law. So far as the facts are concerned, the assessee has already disclosed in Part III of the return and, therefore, the question of giving any information as to the facts does not arise and, in fact, no information of fact was given by the audit party. The issue having been fully concluded by the decision of the Hon rsquo ble Supreme Court, we hold that no referable question of law arises from the Tribunal rsquo s order. All the applications are, therefore, dismissed.
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1981 (5) TMI 64
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... ... ..... contingent right and that the payment was in any way conditional. The assessee became entitled to the insurance amount being a nominee of her deceased husband, in our view, the assessee had a vested right to claim the amount and it was contingent only in the sense that it was payable to the assessee in the event of the death of her husband. The moment his death was there, the right to receive the insurance amount vested in the assessee. The amount may not be paid earlier on account of latches of the assessee herself or on account of the administrative delay on the part of the insurance company. The delayed payment of the amount will not detract us from taking the view that the assessee, had the right to receive the amount right on the date of death of her husband. We, therefore, hold that this amount was rightly included in the wealth of the assessee. 8. In the result, the appeal for the asst. yr. 1973-74 is allowed and the appeal for the asst. yr. 1974-75 is partly allowed.
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1981 (5) TMI 63
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... ... ..... ractors should be worked out in accordance with the provisions of r.2B of the WT Rules and the value so arrived at should be taken towards the net wealth of the assessee in respect of all the four years under appeal. 8. For the asst. yr. 1973-74, the assessee declared the value of the agricultural land at Rs. 3 lacs. The WTO found that in the immediately succeeding year i.e., 1974-75, the value of the agricultural land was taken by the assessee at Rs. 3,95,000 as per the report of the approved Valuer. The WTO, therefore, adopted the value of the agricultural land for the asst. yr. 1973-74 at Rs. 3,50,000. In our opinion, the value adopted by the WTO at Rs. 3,50,000 during the asst. yr. 1973-74 is quite reasonable, considering the fact that in the very next assessment year the approved Valuer has valued the said lands at Rs. 3,95,000. No interference is, therefore, called for in respect of this ground. 9. In the result, for statistical purposes, the appeals are partly allowed.
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1981 (5) TMI 62
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... ... ..... handicapped as their only source of income was the share from the firm M/s. Ratilal Manekji. We have perused page 5 of the Paper book which is the balance-sheet as on Diwali, 1974 wherein closing stocks to the extent of about Rs. 22 frac12 lakhs and the outstanding dues from the various buyers were about Rs. 15 lakhs. Thus, the entire liquid capital of the firm was blocked and that is why as soon as the firm got the payment from its buyers and the closing stock was sold, it cleared the accounts of its respective shareholders and thereby both the assessees paid the taxes on 3rd Feb., 1975. Thus, on the facts and circumstances of the case and the fact that the Commr. Of Sales tax agreed that the firm was in financial difficulty, we hold that both the assessees were prevented by sufficient cause in not paying the tax within the month of the filing of their respective returns. Hence, the orders passed by the AAC are confirmed and the appeals filed by the Department are dismissed.
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1981 (5) TMI 61
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... ... ..... dicates that there is no finding given by the authorities below as to who is the real owner of the property. Besides the above, the plea of the ld. counsel for the assessee that the lady purchased the property on behalf of her minor son only with a view to help her son in future and no element of transfer or gift is involved therein has some substance as according to the ld. counsel for the assessee till the loan is paid back to the Bank, it has been decided that the income from house property will be adjusted towards the loan taken from the Bank and if that is the position, we consider it proper to set-aside the order passed by the AAC and restore back the matter to his file with the direction that he will further examine the matter in the light of the above observations and after giving opportunity to the assessee to substantiate her claim, he will pass order according to law. 3. In the result, all the four appeals filed by the assessee are allowed for statistical purposes.
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