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1963 (6) TMI 40
... ... ... ... ..... ution. 19.Point No. 4 --The complaint made by the petitioners that the representations which they had made, had not been duly considered by the State Government before the latter issued the notification under Section 4 of this Act, is devoid of force for the simple reason that the allegation is not factually correct. On a perusal of the relevant records, I am satisfied that the objections and suggestions made by the petitioners and others were fully and objectively considered by the Government and they had issued the notif....... + More
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1963 (6) TMI 39
... ... ... ... ..... he petition has not been rendered meaningless or infructuous by reason of the retirement of the petitioner because if the impugned order be quashed, he would get relief in respect of arrears of pay and pension on the footing that , he has never been reverted from the post of Deputy Superintendent, West Bengal Police. In this respect, I would like to refer to the observations of the Division Bench in Rabindra v. General Manager, Eastern Railway, 59 Cal WN 859 at p. 869 18. In the result, the petition be allowed and the impu....... + More
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1963 (6) TMI 38
... ... ... ... ..... om and the expenditure incurred on them were brought into the business accounts... 10. The test propounded by the learned Chief Justice in the latter part of the paragraph has been satisfied in this case. 11. The judgment of a Division Bench of this court to which one of us was a party in Varada Reddy v. Commissioner of Income Tax does not lay down any proposition different from the one enunciated in A. Trisulapani v. Commissioner of Income Tax. The rule stated there is in consonance with the ruling in A. Trisulapani v. Co....... + More
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1963 (6) TMI 37
... ... ... ... ..... elf of the undertaking given to this Court and has thus offended against public justice. We should not allow such a person to escape without a penalty. At the same time we feel the petitioner was not always alert and by granting a rent receipt in place of a money receipt for mesne profits and by entering into a settlement in Misc. Appeal No. 71 of 1961 gave opportunities to the opposite party to put up a fight against her. 68. We think that the ends of justice will be satisfied in this case if we punish the opposite party ....... + More
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1963 (6) TMI 36
... ... ... ... ..... ing authorities may be noticed AIR 1935 Sind 62, Sudhangsu Bhattacharjee v. Ruprekha Pictures AIR 1954 Cal 281, Abdul Quddoos Dost Mohammad Momin v. Abdul Gani Abdul Rahman AIR 1954 Nag 332 etc. etc. 18. But in this case we find that the subject-matter of the dispute between the parties is based on the claims and the counterclaim arising out of the agreement. Even if a small portion of the claim of the Plaintiff is outside the terms of the original contract, that by itself is no ground for refusing stay. We are, therefore,....... + More
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1963 (6) TMI 35
... ... ... ... ..... e may be treated as properly attributable to capital when it is made not only once and for all, but with a view to bringing into existence as asset or an advantage for the enduring benefit of a trade. The expressions enduring benefit or of a permanent character were introduced to make it clear that the asset or the right acquired must have enough durability to justify its being treated as a capital asset. Applying the above criteria, we have no hesitation in holding that the departmental authorities were in error in regard....... + More
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1963 (6) TMI 34
... ... ... ... ..... ar ending on the 30th September, 1950, the decision of the managing agent, according to the Tribunal, was communicated to the managed company of the 15th March, 1951. For the accounting year ending on the 30th September, 1951, the resolution of the directors of the managing agent was passed on the 10th November, 1952. The facts are, therefore, clearly distinguishable from the facts in Chandulal Keshavlal Co.s case. Mr. Meyer has also argued that the assessee gave up the aforesaid sums gratuitously and, as such, is not enti....... + More
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1963 (6) TMI 33
... ... ... ... ..... to be given to article 130. It is common ground that the articles of association contain not only the conditions of membership but also the contract of insurance between the members or assured and the mutual company. Some articles, such as 9 and 49, under which premiums are paid, and article 15, under which the indemnity is granted, belong purely to the contract. Others are concerned only with membership. In my opinion article 130 should be regarded as forming part of the contract of insurance. The surplus assets consist o....... + More
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1963 (6) TMI 32
... ... ... ... ..... ding the coffee powder business. The assessee has maintained a number of account books in the regular course of business and it is not likely that he would have suppressed only accounts in respect of the sales in the stall. The accounts in respect of the stall section cannot be rejected on the mere ground that the sales are not capable of verification since the assessee has not issued chits for sales at the stall counter. We hold that the principle of adding 50 per cent. to the purchases should not be uniformly adopted in ....... + More
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1963 (6) TMI 31
... ... ... ... ..... in the payment of tax according to the notice of assessment, the whole of the amount outstanding on the date of default shall become immediately due and shall be a charge on the properties of the person or persons liable to pay the tax under the Act. Sub-section (2) of this section lays down that any tax due under the Act could be recovered as if it were an arrear of land revenue or on application to any Magistrate by such Magistrate as if it were a fine imposed by him. It is, therefore, clear that the order passed by the ....... + More
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1963 (6) TMI 30
... ... ... ... ..... s dealt with the identical question and has reached the same conclusion. Srinivasan, J., observes thus Reading all of these rules together, it seems to us to be clear that the option that is given to the dealer under section 7(1) of the Act has to be exercised at the commencement of the year at the time the dealer submits the return. It is made dependent upon the permission being granted by the assessing authority and on the further condition that he pays the tax in advance. The conclusion therefore seems to be inescapable....... + More
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1963 (6) TMI 29
... ... ... ... ..... y Galiokotwala and Co., the import became completed after Galiokotwala and Co. took delivery of the consignment and cleared the goods from the harbour. The sale was subsequent to the taking of such delivery and was effected after the goods were taken out beyond the customs barrier. The Tribunal observes as follows in its order The import was occasioned by the sale between the Sudanese shipper and the appellant s sellers at Bombay. It is not the appellant s case that in respect of the disputed transactions there was a sale ....... + More
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1963 (6) TMI 28
... ... ... ... ..... in the Dargah Committee caseA.I.R. 1962 S.C. 574. was not brought to the notice of the learned Judges of the High Court in Diwakar s case 1963 14 S.T.C. 625 1962 Mys. L.J. 912. Further the specific question as to whether a revision application under the Code of Criminal Procedure was maintainable in respect of an order made by the Magistrate who was merely a persona designate under the Act and was not exercising any authority or power under the Code of Criminal Procedure was not considered or even raised in that case. Ther....... + More
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1963 (6) TMI 27
... ... ... ... ..... lete as soon as by the application of one or more processes, the raw material undergoes some change. To say this is to equate processing to manufacture and for this we can find no warrant in law. The word manufacture used as a verb is generally understood to mean as bringing into existence a new substance and does not mean merely to produce some change in a substance, however minor in consequence the change may be. In my opinion, the observation quoted above will not help Mr. Bhattacharya. When planks are sawed out of logs....... + More
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1963 (6) TMI 26
Winding up - Meetings to ascertain wishes of creditors or contributors, Power of court to declare dissolution of company void
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1963 (6) TMI 21
Winding up – Power of court to assess damages against delinquent, directors, etc. ... ... ... ... ..... he reasons for the court summoning the parties to give evidence have been briefly indicated and it is further stated that further and fuller reasons will be given in the final order, because to discuss them now is likely to embarrass one or the other of the parties during the remaining stages of the trial. It is clear from a perusal of the order that it does not purport to be one made with the consent of the parties. The appropriate stage, t....... + More
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1963 (6) TMI 20
Circumstances in which a company may be wound up ... ... ... ... ..... submitted mdash apparently on the instructions of his client who was present in court mdash that the company has already secured the minimum subscription, that it is in a position to comply with the provisions of section 149(1) and commence its business, and prayed for an opportunity for his client to file an affidavit stating those facts as well as the particular reasons for not commencing business within a year of incorporation. We feel that this prayer should be granted........ + More
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1963 (6) TMI 1
Demands, short-levy - Limitation ... ... ... ... ..... lished in any of the above grounds, then only the occasion arises for issue of a notice under the section. In the instant case, the notice under section 39 was issued in anticipation of determination that Customs duty had been short levied on the imported paper. I have, therefore, to hold that the notices dated January 19, 1953 were premature notices and should be ignored. If those notices be ignored, then the show cause notice (either the earlier ones or the later ones) were both issued b....... + More
