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Case Laws
Showing 21 to 40 of 42 Records
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1968 (5) TMI 46 - PUNJAB AND HARYANA HIGH COURT
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... ... ..... on of the power-house a different language would have been used. An obvious limitation has now been placed by saying that an article so exempted should be used in the generation or distribution of electrical energy. The supply by the petitioner of timber cannot be said to have been used in the generation or distribution of electrical energy. There would have been no difficulty for the Legislature in implementing the sense in which we are asked to construe these words by Mr. Sodhi by saying that every article used in the construction of the power-house would be exempted from sales tax. Words to such effect alone could exempt items like timber or bricks which though used in the construction of the power-house can in no sense be said to have been used in the generation or distribution of electrical energy. I am in full agreement with the conclusion reached by my learned brother and have no hesitation in answering the question in the negative. Reference answered in the negative.
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1968 (5) TMI 45 - MYSORE HIGH COURT
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... ... ..... the offences committed or reasonably regarded as having been committed by him in respect of which the said sum of money is fixed as composition amount. 20.. As at that point of time there is an agreement between the authority on behalf of the State and the dealer, binding on both of them, it is enforceable by each of them against the other. The dealer can resist any attempt on the part of the department to prosecute him. The department can enforce payment of the composition amount by the dealer. 21.. For the said reason, the composition amount in such circumstances becomes an amount due under the Act from the dealer, because it is an amount which by reason of the relevant provisions of the Act and the exercise of the power thereunder he becomes liable to pay. It can therefore rightly be recovered by taking action under sub-section (3) of section 13 of the Act. 22. The civil revision petition is dismissed. Petitioner will have time to pay till end of June. Petition dismissed.
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1968 (5) TMI 44 - DELHI HIGH COURT
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... ... ..... the dealer is to acquire them in order that they may be used for packing of goods for sale even if in that process of adapting them for such use they have to undergo some change in shape or form. The dominant intention is that they should serve the purpose, of storage or transportation of goods for sale. The petitioner s object in seeking the amendment of the registration certificate is to convert the tin sheets and tin plates into tin containers with a view that the same may be filled with its vegetable oil products to be sold to different parties. We are, therefore, of the view that the petitioner s request for amendment of its registration certificate has been declined by the Sales Tax Authorities on erroneous interpretation of law. We accordingly direct the respondents to decide the petitioner s application for amendment of the registration certificate in the light of our observations, but in the circumstances of this case we make no order as to costs. Petition allowed.
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1968 (5) TMI 43 - HIGH COURT OF PATNA
Service on documents on company ... ... ... ... ..... on is permissive and not mandatory. When the court finds that summons has been duly served it was not essential to wait for service of summons by registered post. Another point involved in the case is the question of limitation. Both the courts below have found that the date of knowledge given by the petitioner in paragraph No. 7 of the application as 20th July, 1965, was wrong and could not be acted upon. The courts below have considered the evidence of both the parties in detail and have held as stated above. In my judgment it is not necessary for the courts to find out the actual date of the knowledge of the petitioner when they find, as a fact, that the date of knowledge asserted by the petitioner is wrong. In this view of the matter, I must hold that the application was barred by time and the finding of the court below is not vitiated. For the aforesaid reasons, I am of the view that interference is not called for. Therefore, the petition is dismissed, but without costs.
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1968 (5) TMI 35 - IN THE CHANCERY DIVISION
Winding up - Power of registrar to strike defunct company off register ... ... ... ... ..... might feel a legitimate grievance because a company has been struck off, it seems to me that one should look somewhat generously at the word creditor which precedes the phrase feels aggrieved. Put another way, I doubt very much whether in the word creditor simpliciter the legislature can have been intending thereby to differentiate between those creditors whose debts are fixed and ascertained and those whose debts are contingent or prospective, providing redress for the grievances of the former but ignoring the grievances of the latter. In short, I think it would be wrong to construe the word creditor narrowly , and in refusing to do so I feel comforted by the approach indicated by so great a master of equity as James V.-C. in In re Telegraph Construction Co. LR 10 Eq. 384. Accordingly, in my judgment the word creditor is wide enough to embrace the petitioner in this case, and as it is plainly just to restore the company s name to the register the petition therefore succeeds.
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1968 (5) TMI 34 - HIGH COURT OF RAJASTHAN
Share capital - Notice of increase of ... ... ... ... ..... t of Babulal (P.W. 1) as also the reply dated 25th August, 1965, given by the company to the Registrar, exhibit D-1, that they had been showing the increase of share capital in all the returns filed by them since 1960 though they had not given it as provided in Form No. 6 and had also not paid the fees. In view of their interpretation of section 94(1)(a), a punishment of nominal fine would meet the ends of justice. The revision application is partly accepted, conviction of the petitioners maintained, but the fine imposed upon petitioners Nos. 2 to 5 is reduced from Rs. 200 to Rs. 100 each and the fine imposed on petitioner No. 6 is reduced from Rs. 100 to Rs. 50. The sentence of fine imposed on petitioner No. 1 is maintained, and the petitioners are directed to file the return with necessary filing fee within 30 days time of this order. The order awarding Rs. 200 as costs to the complainant is also maintained. One month s time is allowed to the petitioner to deposit the fine.
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1968 (5) TMI 33 - IN THE CHANCERY DIVISION
Directors – Power of ... ... ... ... ..... th which all the solicitors concerned have prepared this case. It was most helpful to its proceeding smoothly and properly. This was an intricate and difficult case for the parties and I would like to thank all the counsel whom it was my great pleasure to hear for the presentation of their cases, which, indeed, at times reached heights of brilliance. Lastly I want to thank the parties who appeared in person. I have had to say hard things of some of them and I find that a distasteful part of a judge s duty, but it has to be done to explain, without reservation, the reason for the conclusions reached. Nevertheless, I wish to add here, publicly, how much I appreciated the way in which they conducted their cases, despite the strain of their being personally involved, and the unblemished personal relationships throughout a very trying case. Solicitors Solicitor, Board of Trade Gouldens Bower, Cotton and Bower for Slater, Heelis and Co., Manchester Beer and Co. Simmons and Simmons.
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1968 (5) TMI 15 - SUPREME COURT
Adjudication, appeal and revision - Assessing and appellate authorities exercise quasi-judicial power - Writ jurisdiction
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1968 (5) TMI 14 - CALCUTTA HIGH COURT
Revenue/capital expenditure - Extra shift depreciation allowance - assessee cannot claim extra shift depreciation - contribution made by the assessee-company towards road development - roads are of enduring benefit to the assessee's business and therefore would be capital expenditure
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1968 (5) TMI 13 - CALCUTTA HIGH COURT
Whether the legal expenses incurred by the assessee were of a capital nature and should be included in the actual cost of the shares under the provisions of section 12B(2)(ii) of the IT Act, 1922 - Held, yes
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1968 (5) TMI 12 - ALLAHABAD HIGH COURT
Mistake apparent from the record - action for rectification u/s 35 ... ... ... ... ..... ncome-tax Officer was precluded from looking into extraneous assessment records for the purpose of detecting a mistake take apparent from the record on the assessment records of the appellants, he was in no way required in the initial stage to look into extraneous record for explanations that might be forthcoming to account for apparent mistakes. Admittedly, there was nothing on the individual assessment records of the appellants to explain the discrepancy that has been pointed out and, in the circumstances, we feel that the Income-tax Officer was justified in treating this discrepancy as a mistake apparent from the record and in taking action thereon in accordance with section 35. The result is that we find ourselves in agreement with the learned single judge in holding that the provisions of section 35 could be legitimately invoked in the case of the three petitioners-appellants. These appeals are without force and are, accordingly, dismissed with costs. Appeals dismissed.
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1968 (5) TMI 11 - ALLAHABAD HIGH COURT
Income escaped assessment - held that it was open to the ITO to issue notices u/s 34 of the IT Act, 1922, for the asst. yrs. 1946-47 to 1949-50 and make assessment in pursuance of the notices in spite of the fact that the assessee had already filed returns for those assessment years on Nov. 18, 1950
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1968 (5) TMI 10 - CALCUTTA HIGH COURT
Assessment - in the status of an association of persons - legal validity ... ... ... ... ..... s views, has proceeded to observe Therefore, an association of persons must be one in which two or more persons join in a common purpose or common action, and as the words occur in a section which imposes a tax on income, the association must be one the object of which is to produce income, profits or gains. In our case also two persons, namely, the assessee-applicants, joined together in obtaining the assignment. They decided on enjoying the property or income jointly as evidenced by the deed of partnership and they have been jointly incurring expenses year after year with the object of earning the commission that is to be earned by virtue of the assignment. On these facts, we cannot but hold that they constituted an association of persons within the meaning of section 3 of the Indian Income-tax Act, 1922. Our answer, therefore, to the question referred to us is in the affirmative. The applicants will pay to the respondent the costs of this reference. K. L. Roy J. -I agree.
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1968 (5) TMI 9 - CALCUTTA HIGH COURT
Foreign tour expenses incurred by managing agent - not of a capital nature but are of revenue nature
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1968 (5) TMI 8 - CALCUTTA HIGH COURT
Transfers of property by way of trust - applicability of provisions of section 16(3)(b) of the IT Act, 1922
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1968 (5) TMI 7 - CALCUTTA HIGH COURT
Penalty u/s 28(1)(c) of the IT Act, 1922 - leviability - jurisdiction to the ITO to impose the penalty
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1968 (5) TMI 6 - KERALA HIGH COURT
Rectification u/s 154 of the IT Act - mistake apparent from the record - jurisdiction of ITO ... ... ... ... ..... I have, therefore, no hesitation to hold that after the appellate decision evidenced by exhibit P-3, the order, exhibit P-2, ceased to have a separate existence, it having got itself merged in the appellate order, and that, therefore, the Income-tax Officer had no jurisdiction to initiate proceedings under section 154 for rectification of the order evidenced by exhibit P-2. The proceedings evidenced by exhibit P-6 are, therefore, quashed. It will no doubt be open to the Appellate Assistant Commissioner, if he deems fit, to initiate fresh action under section 154(1)(b), the petitioner being at liberty to raise all its objections before such authority in the event of fresh proceedings being initiated by the appellate authority. I make it clear that I express no opinion on the other contentions urged by the petitioner relating to the merits of the order, exhibit P-6. The original petition is allowed as above and exhibit P-6 is quashed. There will be no direction regarding costs.
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1968 (5) TMI 5 - PATNA HIGH COURT
Whether the expenses incurred for earning the profits of firm have to be deducted from partner`s share of profits - Held, yes
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1968 (5) TMI 4 - CALCUTTA HIGH COURT
Whether the Tribunal was right in holding that the house properties possessed jointly by the members of the HUF governed by the Dayabhaga school of Hindu law were assessable to wealth-tax jointly in the status of a HUF - Held, no
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1968 (5) TMI 3 - CALCUTTA HIGH COURT
Notice issued u/s 33B - natural justice - if the notice starting the proceedings u/s 33B did not meet the requirements of law, that is to say, was opposed to the principles of natural justice, then the exercise of the jurisdiction by the Commissioner u/s 33B should be struck down on the ground that the initiation of the proceeding were opposed to the principles of natural justice
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