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Showing 21 to 40 of 52 Records

• 1970 (7) TMI 62 - MYSORE HIGH COURT
  
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  ... ... ..... the instant case, the Mysore Sales Tax Appellate Tribunal and the authorities below have rejected the petitioner s claim for deduction under rule 6(4)(h) on the sole ground that the tax amount has not been shown separately in the bills. It was submitted by Sri R.N. Narasimha Murthy, petitioner s learned counsel, that the petitioner has maintained a price list showing the prices of different varieties of liquor exclusive of sales tax, the sales tax chargeable per bottle and the sum total of the price and the sales tax and that the cash memos. were prepared on the basis of the said price list. Since the Tribunal has not examined the question in the manner it ought to have been done and its decision is entirely vitiated by the erroneous view of the law it has taken, we set aside the order of the Tribunal and remit the matter back to the Tribunal to rehear the appeal and dispose of the same in the light of this order. There will be an order accordingly. No costs. Case remitted.

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• 1970 (7) TMI 61 - SUPREME COURT
  

  Whether the sale made to the Regional Food Controller under the U.P. Wheat Procurement (Levy) Order, 1959, are sales within the meaning of 'sale' under section 2(h) of the U.P. Sales Tax Act?

  Whether in the circumstances of the case, the assessees are liable to pay sales tax on the sales made to the Regional Food Controller under the provisions of the U.P. Wheat Procurement (Levy) Order, 1959?

  Held that:- Appeal allowed. Unable to hold that there was any contract between the assessees and the State pursuant to which the goods were sold within the meaning of the U.P. Sales Tax Act. On the date of the commencement of the U.P. Wheat Procurement (Levy) Order, upon the licensed dealer was imposed a liability to deliver half the quantity of wheat on hand, and he had also to supply to the State Government 50 per cent. of the quantity of wheat procured or purchased by him every day beginning with the date of commencement of the Order. If he failed to carry out the obligation he was liable to be penalized. To ensure that he carried out his obligation his premises were liable to be searched and his property sequestered. The Order ignored the volition of the dealer.

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• 1970 (7) TMI 52 - HIGH COURT OF MADRAS
  

  Transfer to Shares – Power to refuse registration and appeal against refusal

  
  
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  ... ... ..... From the mere fact that the petitioner is only a minority shareholder it does not mean that the decision of the board rejecting his request for transmission is in any way vitiated. It is rightly contended on behalf of the respondents that the petitioner, even though a minority shareholder, can give trouble to the working of the company, if he wants to do, as there are adequate provisions in the Companies Act under which the petitioner can come up to this court. It is undoubtedly so. The petitioner, as a minority shareholder, can approach this court under sections 397 and 398 alleging that the affairs of the company are being conducted in a manner prejudicial to the public interest or in a manner oppressive to him. By this way, he can drag the company to court. Therefore, the fact that the petitioner is a minority shareholder does not mean that he cannot take any action against the company. In the result, the petition fails and is dismissed. There will be no order as to costs.

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• 1970 (7) TMI 43 - IN THE COURT OF APPEAL
  

  Power of inspectors to carry investigation into affairs of related companies

  
  
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  ... ... ..... to obtain undertakings or assurances from the inspectors about the way in which they would conduct the inquiry at its outset. The right of any of them to any information about the course of the investigation is dependent upon the inspectors being disposed to criticise them in their report, and in this event the nature of the protection to which any of them will be entitled as a matter of fairness will depend upon the nature of the possible adverse comment and of the evidence relating to it which the inspectors have received. These are matters which I think rest in the discretion of the inspectors, a discretion which they must exercise with due regard for fair treatment of anyone likely to be adversely affected by their report. The inspectors in the present case, in my judgment, have adopted an entirely correct attitude. I agree that the appeal should be dismissed. Solicitors D.J. Freeman and Co. Lewis Silkin and Partners Herbert and Gowers and Co. Solicitor, Board of Trade.

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• 1970 (7) TMI 35 - HIGH COURT OF GUJARAT
  

  Winding up – Avoidance of transfer, etc., after commencement of

  
  
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  ... ... ..... ged that it would not be possible to bring all the interested parties before the court at this stage. The complex procedure which the court may have to adopt in order to ascertain the wishes of all concerned would not be a factor to be taken into account while deciding the scope and ambit of jurisdiction under sub-section (2) of section 536. If the court has jurisdiction, it would be open to the court to advertise the petition and to give a direction that the applicant who moves the court for approval of the disposition of the property to serve notice upon all the creditors and members of the company and after hearing them the court can adjudicate upon the nature of the disposition. The cumbersome procedure which the court may have to adopt would not influence my mind in finding out the scope of the jurisdiction of the court under sub-section (2). In view of the aforesaid discussion, these summonses are dismissed and the rule is discharged in both the applications with costs.

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• 1970 (7) TMI 27 - HIGH COURT OF GUJARAT AT AHMEDABAD
  

  PVC powder, imported

  
  
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  ... ... ..... March, 1961 but there could be no excise duty on P.V.C. powder imported from foreign countries. The stock of P.V.C. powder held by the petitioners on the midnight of 28th February, 1961 consisted entirely of imported P.V.C. powder and it was, therefore, not liable to excise duty. The demand made in the impugned notices for excise duty in respect of stock of P.V.C. powder with the petitioners on the midnight of 28th February 1961 was, therefore, wholly unjustified and the impugned notices as also the order of the Assistant Collector confirming the impugned notices must be quashed and set aside. 3. We, therefore, allow the petition and make the rule absolute by a writ of mandamus quashing and setting aside the impugned notices dated 5th October, 1963 issued by the Excise Inspector as also the order of the Assistant Collector dated 28th December, 1963 in so far as it confirms impugned notices of the demand. The respondents will pay the costs of the petition to the petitioners.

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• 1970 (7) TMI 26 - HIGH COURT OF GUJARAT AT AHMEDABAD
  

  Paper - Short levy - Chief Chemists report - Evidentiary value

  
  
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  ... ... ..... of the Supreme Court by reference to the manner in which the substance was known in the market. Applying this principle to the facts of the case before us, we find that the coloured paper, which is manufactured by the petitioner, is known in the market as writing paper and it is also used as such. If this is so, there is no scope for taking a view that this paper falls within item 17(4) of the First Schedule, as it is not possible to treat this paper as packing and wrapping paper. Under the circumstances, we are of the opinion that there is no scope for charging the papers in question under item 17(4) of the First Schedule. The view taken by the department is, therefore, patently wrong. We, therefore, allow this petition and declare that the demand made by the Excise Department is illegal. Since the petitioner is found to have paid up the amount of Rs. 8735.85 np. that amount shall be refunded by the Excise Department to the petitioner. The rule is made absolute with costs.

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• 1970 (7) TMI 25 - HIGH COURT OF CALCUTTA
  

  Chemical Examiner's report

  
  
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  ... ... ..... ter, the demand dated 24th November, 1964, and the appellate order dated 14th March, 1966, must be set aside and quashed. The respondents are, however, given liberty to proceed against the petitioner again with the show cause notice related 4th May, 1966, in accordance with law and may dispose of the same within one year from today. The petitioner will be at liberty to reply to the said show cause notice within two months from today. If the proceeding is not disposed of within one year or within such reasonable time the respondents must refund the said sum of Rs. 73,846.62 paise to the petitioner. 2. If the petitioner writes to the respondents for re-testing of the sample, liberty is given to the respondents to do it in accordance with law. 3. I, however, make it clear that I do not express any opinion on any of the points raised in this petition and all the points raised in this petition are kept open. The Rule is disposed of accordingly. There will be no order as to costs.

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• 1970 (7) TMI 24 - CALCUTTA HIGH COURT
  

  Valuation of a "capital asset" for computing capital gains in income-tax law

  
  
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  ... ... ..... wn from authorities that in spite of limitations of the judge he is still able to take judicial notice of a notorious fact. Steep rise in the land values in Calcutta is more than a notorious fact at the relevant time considered by the valuer and by the Tribunal. I should not like to narrow the opening of notorious facts by closing their categories and thereby closing the door of justice. I agree with my learned brother that this court can take judicial notice of the fact of the steep rise of land values in Calcutta in the relevant time in the facts and circumstances of this case and the Tribunal having taken notice of that did not commit any illegality which would justify our interference with its decision. In any case this court, in my view, can take judicial notice of the notorious fact of steep rise in the land values in Calcutta at the relevant time. With these observations, I agree with the answers proposed by my learned brother to the questions raised in this reference.

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• 1970 (7) TMI 23 - KARNATAKA HIGH COURT
  

  Assessee, a widow of partner received interest on amounts due to her husband - method of accounting – in which year such interest is assessable

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• 1970 (7) TMI 22 - ANDHRA PRADESH HIGH COURT
  

  Returns originally filed as individual were later file d as HUF – Whether the statement made in the returns amounts to declaration of assessee's intention to impress the property with the character of family property - whether there was sufficient ancestral nucleus which formed the basis for the acquisition of the properties - whether the plaintiff is entitled to a share in the suit schedule properties as claimed by him

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• 1970 (7) TMI 21 - CALCUTTA HIGH COURT
  

  Belated return - heirs of a deceased assessee do not file estimate of advance tax under Indian Income-tax Act, 1922 - orders imposing penalties under sections 271 and 273 of IT Act 1961 have been challenged in this application under article 226 of the Constitution -

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• 1970 (7) TMI 20 - CALCUTTA HIGH COURT
  

  Computing the income from property - property is in a state of disrepair - whether there is an annual value of premises - whether it is to be taken into account under section 22 of the Income-tax Act, 1961.

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• 1970 (7) TMI 19 - CALCUTTA HIGH COURT
  

  Reassessment - Petitioner (a company incorporated under the U. K. Companies Act and has its principal place of business in India) claimed deduction of certain expenses as administrative charges incurred by the Burma Oil Company Ltd. of London as the London management fee payable by the petitioner and debited in its account - validity of reassessment proceedings initiated under section 147

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• 1970 (7) TMI 18 - MADHYA PRADESH HIGH COURT
  

  Concealment of income in assessment year 1958-59 - whether penalty proceedings under section 271(1)(c) of Income-tax Act, 1961 can be initiated

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• 1970 (7) TMI 17 - GUJARAT HIGH COURT
  

  Constitutional validity of sub-sections (1)(c)(iii) and (5) of section 132 of the Income-tax Act, 1961

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• 1970 (7) TMI 16 - KARNATAKA HIGH COURT
  

  Partition of the assets of HUF - karta purchases shares in company out of family funds - assessability of remuneration received by karta as director of the company - amount must be assessed as the individual income of the karta

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• 1970 (7) TMI 15 - CALCUTTA HIGH COURT
  

  New industrial undertaking - exemption - an existing business started to manufacture goods in their industry which were earlier being purchased from others - it is just reconstruction of business already in existence - tribunal was not right in holding that the steel foundry division and jute mill division set up by the assessee-company was an industrial undertaking to which section 15C of the Indian Income-tax Act, 1922, applied

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• 1970 (7) TMI 14 - ALLAHABAD HIGH COURT
  

  Wealth Tax Act, 1957 - assessment of net wealth of the applicant, trust - transfer of properties to trustees for charity and worship of family deity - assessment may have to be made under section 21(1)

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• 1970 (7) TMI 13 - ALLAHABAD HIGH COURT
  

  Wealth Tax Act, 1957 - movable assets - valuation - Whether the provisions of sub-sections (1) and (2) of section 7 are mutually exclusive and whether assessing officer can adjust balance-sheet value to arrive at proper valuation

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