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Case Laws
Showing 1 to 20 of 64 Records
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1961 (8) TMI 71
... ... ... ... ..... lders of such inams cannot be described as intermediaries, or that they comprised both the melwaram and the kudiwaram rights. Such a distinction would have significance, if the law abolished only intermediaries and not inams which it did. Section 3 of the Abolition Act says 3(1) The State Government may, for time to time by notification, declare that the estate specified in the notification has passed to and become vested in the State free from all encumbrances. 17. If the definition of the word estate was wide enough to i....... + More
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1961 (8) TMI 70
... ... ... ... ..... Act, 1947 was unconstitutional. We consider that that ground is not correct and the application of the tenant-appellant for fixation of standard rent must now be determined in accordance with law. It would be for the competent authorities to consider now the effect of s. 46 of the Delhi and Ajmer Rent Control Act, 1952 or of any other law, bearing on the question which may have come into existence since then. 51. We would, therefore, allow this appeal and set aside the orders of the Rent Controller, the District Judge and ....... + More
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1961 (8) TMI 69
... ... ... ... ..... (b) it is clear that the amount of unabsorbed depreciation allowance of the previous year assumes the same character and colour of the depreciation amount determined for the assessment year and the question whether the unabsorbed depreciation amount of the previous year is to be adjusted against the total income or total world income would depend on the determination of the question as to whether the depreciation amount determined for the assessment year is deductible against the total world income of the assessee. It is n....... + More
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1961 (8) TMI 68
... ... ... ... ..... f fact which fell within the jurisdiction of the Tribunal. We have carefully, considered the reasons given by the High Court in its judgment under appeal but we are unable to accept the contention pressed before us by Mr. Sinha, for the respondent, that the conclusion of the High Court is right when it says that the Tribunal's findings against the respondent were based on no. evidence. Whether or not the High Court or this court agrees with the conclusions of the Tribunal is another matter. The question to be considere....... + More
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1961 (8) TMI 67
... ... ... ... ..... this case only sold properties but did not purchase any, cannot, in our view, take this sum out of revenue. To be a trade it is not necessary that there must be simultaneous sales and purchases. If a real estate company such as the assessee company here sells a portion of its properties to make a profit in a rising market it cannot be said that these profits were not part of their trading when they are justified by their memorandum of association simply because they had made no corresponding purchases of properties also at....... + More
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1961 (8) TMI 66
... ... ... ... ..... wed under article 226 of the Constitution under which relief only in respect of post-Constitution matters can be granted. This argument is misconceived. It is true that the amount was paid on the 1st September, 1946. But it became refundable only by reason of the fact that the petitioners' appeal was allowed by the Supreme Court on the 23rd September, 1953. Clearly what the petitioner wants by this petition under article 226 of the Constitution is that effect be given to the order of the Supreme Court dated September 2....... + More
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1961 (8) TMI 65
... ... ... ... ..... Abolition and Land Reforms Act. Under sub-section (1) of section 280 of that Act it is provided as follows As soon as an arrear of land revenue has become due a writ of demand may be issued by the Tahsildar on the defaulter calling upon him to pay the amount within a time to be specified. It follows that annexure A to the affidavit accompanying the writ petition, which is a notice by the Tahsildar, is in fact a writ of demand under section 280(1) and is quite in order. It is, however, very different from saying that the da....... + More
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1961 (8) TMI 64
... ... ... ... ..... ing found with a jacket with six pockets on him, may give rise to suspicion, the evidence in our opinion is not sufficient to establish that the accused Wang Chih Kaw was himself the direct smuggler or did any act in connection with the process of smuggling, and had the intension of evading the restriction Order as to the import of gold into India. Hence he must also be given the benefit of doubt and acquitted. 17. Accordingly, both these appeals are allowed and the conviction of the appellants under Section 167 (81) of th....... + More
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1961 (8) TMI 63
... ... ... ... ..... he change is not a mere change of venue of trial. The right to be tried by a Court with such other rights as may still be open to an offender can be frustrated by the Director by deciding to deal with the matter himself. In my view, where a vested right is affected, prima facie it is not a question of procedure. I must, therefore, hold that the provision as to an adjudication by the Director of Enforcement cannot have any retrospective operation. The impairment of a right by putting a new restriction thereupon is not a mat....... + More
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1961 (8) TMI 62
... ... ... ... ..... te under section 46(2) was issued. After this Veera Sarabhaiah died. Notwithstanding the death of Veera Sarabhaiah the proceedings pursuant to the certificate under section 46 were continued and the properties of Veera Sarabhaiah in the hands of the petitioner were attached. It is to quash this attachment that the present petitioner is taken out. The contention of the learned counsel for the petitioner is that as the petitioner was not served with notice it would be ineffective as against him, since there was violation of ....... + More
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1961 (8) TMI 61
... ... ... ... ..... rst partner, Kylasa Sarabhaiah firm is specified as 0-6-9. In this case also, on a proper construction of the instrument of partnership, we hold that it purports to be the partnership between Kylasa Sarabhaiah firm and four other partners. Hence, it cannot be registered under section 26A of the Act. We also hold that, in this case also, the individual shares of the several partners are not specified and that, in any event, the instrument of partnership does not specified that the minors, who were admitted to the benefits o....... + More
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1961 (8) TMI 60
... ... ... ... ..... er. If the argument of the assessee were to be accepted there could only be a conditional assessment whenever a sole surviving Hindu coparcener's wife is enciente during the close of the year of account, it being valid if the child that is born is a female and invalid if male. In other words, all assessments made before the actual birth of the child would be conditioned in its validity on there being no son born to the assessee. There is no warrant for such a conditional assessment under the Act. In our opinion, what i....... + More
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1961 (8) TMI 59
... ... ... ... ..... 2-5-3 in the previous year. The fall in profit as compared to the previous year was due to reduction in business due to general slump in industrial activities. 6. Two directors, viz., Sri P.P. Khemani and Sri C.M. Sudhia, retired but are eligible for re-election. 7. The accounts of the bank were audited by Sri K. Ramachandra Rao, G.D.A., R.A., Chartered Accountant, Kakinada. This reference coming for hearing this day, after return of this statement of the case submitted by the Income-tax Appellate Tribunal, Hyderabad Bench....... + More
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1961 (8) TMI 58
... ... ... ... ..... s the view that such interest was not to be extinguished by the operation of section 6(b) of Act 1 of 1951. 19. We accordingly hold that the High Court was right in granting the application preferred by the respondent insofar as it related to the allowance of ₹ 30,612-13-0 granted as a consideration for extinction of the right of Harnarain Singh to 166 mahals but for reasons already stated, we are unable to agree with the High Court that the respondent was entitled to receive in respect of the 12 mahals the land reve....... + More
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1961 (8) TMI 57
... ... ... ... ..... of the amount. If an assessee has so changed the character of the amount, then it is the use, to which that amount has been put, that would determine the issue. If the assessee has appropriated or employed the amount to uses other than trading operations of his business, then the amount would bear the character of fixed capital of the assessee. As already stated, the assessee had decided to use these amounts for the specific purpose of purchasing capital goods and had for that purpose put it in its account with its purchas....... + More
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1961 (8) TMI 56
... ... ... ... ..... taxable profits is not itself an annual profit at all. It is not within the qualification of that statement made by Lord Macmillan in Dewhurst's case 1932 16 Tax Cas. 605, which, in effect, was that if the payment represented deferred or contingent remuneration for services performed, the payment does not necessarily cease to be remuneration for services because it is payable when the services come to an end. The fact here do not show that this agency was the only business carried on by the taxpayer company, but on the....... + More
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1961 (8) TMI 55
... ... ... ... ..... o ₹ 3,13,306 are hardly distinguishable from those under the third category. The only difference is that, whereas in the third category, the merchants or other customers had gone to Indore to negotiate and place orders, in the case of these sales the merchants or their brokers on their personal visits to Indore have entered into the contracts. In our opinion, therefore, the view taken by the income-tax authorities and the Tribunal in respect of the profits on sales of the categories enumerated above, which in the rel....... + More
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1961 (8) TMI 54
... ... ... ... ..... ency of Parliament to enact the legislation in question, regarding agricultural lands, we express no opinion whatsoever on the various other contentions that have been raised. It is open to the respective petitioners in O.P. Nos. 323 and 1339 of 1959 and 117 of 1960 to raise all the other points before the appropriate Gift-tax Officers before whom proceedings for assessment are pending. With these observations, these three writ petitions will be dismissed and parties will bear their own costs. In O.P. No. 131 of 1961, as w....... + More
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1961 (8) TMI 53
... ... ... ... ..... p /o p (iii) any fittings affixed to such building or part of a building for the more beneficial enjoyment thereof. o p /o p x x x x o p /o p 3. Reading section 5 sub-clause (8) with section 6(1), it is manifest that Part II of the Act can apply in areas specified in Schedule II to lands (not being used for agricultural purposes) let for residence, education, business, trade or storage. The material date for ascertaining whether the plot is premises for purposes of section 6 is the date of letting and not the date on which....... + More
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1961 (8) TMI 52
... ... ... ... ..... was relevant to the allowance of interest on this sum in the computation of the profits of the business of the assessee, Dalooram. The conclusion reached was that a valid trust was certainly created by the execution of the instrument of trust on April 5, 1951. It was not necessary for the purpose of that reference to examine whether the trust could have come into existence at any earlier point of time. Reference was no doubt made in the judgment to the decisions which laid down the principle that mere credit entries in the....... + More
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