-
1971 (6) TMI 56
... ... ... ... ..... with the order of Ghose. J., with the help of Keshavlal. It is alleged that the arbitrators are near relations of the partners of the plaintiff firm. o p /o p 29. By considering all these points, in my opinion, Mr. Deb's arguments have great force behind them and as indicated above, I have no hesitation to accept them. In my opinion, the Special Officers appointed herein being Officers of the Court must obtain prior directions from the appropriate Court before they are advised to refer to arbitration the subject-matter....... + More
-
1971 (6) TMI 55
... ... ... ... ..... the rate of estate duty was not made applicable to the father in a Hindu undivided family governed by Mitakshara school of law, the net wealth which would have been acquired by the sons would have been more than the net wealth which they would have acquired in the case of the Dayabhaga school of law. Precisely, in order to get over this inequality, section 34(1)(c) of the Act has been enacted. The classification is based upon intelligble differentia which distinguishes one group of fathers from another group of fathers und....... + More
-
1971 (6) TMI 54
... ... ... ... ..... . In a similar case of a printing press the business of which was to print on orders, letter heads, bill books, account books in The State of A.P. v. Sri Krishna Power Press, Vizianagaram(1), the learned judges repelled the contention of the assessee that the works involved in that case constituted works contract. Suffice it to say that therefore a transaction which results in transfer of property in finished goods, as in these cases cinema tickets printed to certain specifications, cannot be construed as a works contract........ + More
-
1971 (6) TMI 53
... ... ... ... ..... whether the information was upplied separately in regard to every sale or whether it was supplied in a consolidated form. It must be stated that the forms are not supplied by the Government but are prepared procured by the dealers independently. Looking at the substance of the matter, respondents must be held to have complied with the legal requirement. The other question which the department wants to be referred to this court is whether the burden of proof in a case of the present nature lies on the assessee or on the dep....... + More
-
1971 (6) TMI 52
... ... ... ... ..... of his an attempt was being made to distrain his articles. The record discloses that Sri Purushothaman was maintaining that he had no funds or belongings of his own and he was unable to pay arrears of tax. Now that the position is made clear, as it ought to be, that the distraint notice is only directed against the belongings or movables of Sri Purushothaman in the hands of the petitioner, it is not necessary to issue a rule. I may make it, however, clear that I am not expressing any opinion on the propriety of the notice ....... + More
-
1971 (6) TMI 51
... ... ... ... ..... s of the contract. It is clear to our mind that this is not a contract for sale of goods. The production of the picture stipulated for in the contract was really a production of a work of art which really involved the skill of an artiste. Under the circumstances, although construction of a document would be a question of law, and it would be so in this case also, we are satisfied that, on a construction of the contract, the reasons for holding that the contract was for a work of art are so overwhelming that no useful purpo....... + More
-
1971 (6) TMI 50
... ... ... ... ..... ground that in view of the judgment in the Bengal Immunity case 1955 6 S.T.C. 446 (S.C.)., the tax was recovered illegally by the Government. The Supreme Court held that the Sales Tax Act was a self-contained code, that section 20 was a bar to the suit and that the proper remedy for the assessee was either to file an appeal or to apply for revision and ask for condonation of delay on the ground that the mistake which was responsible for the recovery of the tax illegally levied was discovered only when the judgment was pron....... + More
-
1971 (6) TMI 49
... ... ... ... ..... Counsel for the department had conceded before the Tribunal, and the same concession is made before us, that the judgment of the Supreme Court in KhosIa s case(1) would apply to the present case. It is however contended that an additional point which was urged in the present case was not urged before the Supreme Court and therefore the Tribunal should be asked to make a reference to this court for determination of that point. This, in our opinion, is not permissible. The facts of the present case are similar to the facts i....... + More
-
1971 (6) TMI 48
... ... ... ... ..... by the learned counsel is that clause (a) refers to an offender and clause (b) to a defaulter. Since the petitioner is only a defaulter and not an offender, the warrant has to be issued only to the Collector of the District, under clause (b). This distinction appears to us to be baseless and if accepted, it renders the main provisions of sub-section (1) of section 386 nugatory. Sub-section (1) provides for the recovery of fine in either or both of the ways specified under clause (a) or (b). When an application is made to a....... + More
-
1971 (6) TMI 47
... ... ... ... ..... availed of such remedies, he cannot seek for such a relief under article 226 either, for this would be by-passing the provisions of accredited statutes. The petitioner has allowed the original assessment to become final and it is this final order which is sought to be enforced by the respondents no doubt through the channel of the provisions of the Madras Revenue Recovery Act. There is no public duty enjoined upon the respondents to correct an order of assessment which has become final because they have no jurisdiction to ....... + More
-
1971 (6) TMI 46
... ... ... ... ..... was found that the principles of natural justice, in particular, the principle of audi alteram Partem was not observed, a Division Bench of this court in Murali Trading Co. v. Joint Commercial Tax Officer 1967 19 S.T.C. 221 (1967) 1 M.L.J. 258. set aside the original order of assessment and directed the concerned assessee to withdraw the appeal pending before the Sales Tax Appellate Tribunal. Following this decision, I direct the assessee to withdraw the appeal before the appellate authority and contemporaneously set aside....... + More
-
1971 (6) TMI 45
... ... ... ... ..... Cochin agreeing to sell specified varieties of coir-yarn against samples shown and accepted. A copy of the printed agreement which has been extracted in the order of the Appellate Assistant Commissioner indicates that the petitioners have contracted to sell and deliver coir-yarn of the quality and on terms and conditions stated on the reverse of the form and it was after entering into such a contract that the goods were moved from Travancore-Cochin State to Madras. If after entering into such a contract the goods are diver....... + More
-
1971 (6) TMI 44
Winding up – Suits stayed on winding-up order ... ... ... ... ..... of the jurisdiction conferred on the winding-up court by sub-section (2) of section 446, there would be conflict of proceedings and conflict of decisions. Sub-section (1) is intended to avoid such a situation and it confers the ultimate control in the matter on the winding-up court which is entrusted with the function of collecting and distributing the assets of the company according to law. Applying the above principle, it follows that an assessment or reassessment proceeding....... + More
-
1971 (6) TMI 42
Requirements with respect to memorandum, Alternate Director – Appointed and Term of Office of, Notice for Meeting, Winding up – Application for, Winding-up of foreign companies
-
1971 (6) TMI 40
Shares certificate – Limitation of time for issue of certificate ... ... ... ... ..... s, 11th edition, pages 254-55). The said sub-section nowhere provides for delivery of the certificates of shares or debentures or debenture-stocks but only enjoins upon the company to have the same ready for delivery. The said words in the sub-section, in my opinion, should not be construed in such a way as to give an extended meaning to the words to have them ready for delivery . The subsection (1) does not impose an obligation upon the company to deliver t....... + More
-
1971 (6) TMI 39
Power of inspectors to carry investigation into affairs of related companies ... ... ... ... ..... nswers so admissible in evidence do not include unsworn answers given as a result of what I might term informal questioning by the Board of Trade inspectors. There is, of course, nothing whatever improper in the inspectors so questioning a person informally, but it does seem to me that unsworn answers given in those circumstances the outside the ambit of section 50 on any fair reading of that section with section 167 of the Act of 1948. The Board....... + More
-
1971 (6) TMI 38
Dividend manner and time of payment of, Notice for meeting ... ... ... ... ..... nly if it is further shown that the dividends were declared and paid and that the tax also was collected by them from the dividends. Then only the obligation to pay to the credit of the Central Government would be cast on the accused in other words, it is not a mere default or omission to pay tax which a party is bound to pay. That is not the subject-matter of the offence here. Here the offence is the failure to deduct and pay. When the deduction itself is hot pro....... + More
-
1971 (6) TMI 37
Shares of shareholders dissenting from scheme or contract approved by majority – Power and duty to acquire
-
1971 (6) TMI 12
Stay/Dispensation of Pre-deposit - Hearing - Natural justice ... ... ... ... ..... appellant before the Government of India was in fact heard before the order impugned was made. In the present case no such hearing was given. In that view 6t the matter, the appellate order passed by the Appellate Collector of Customs is hereby set aside. The Appellate Collector of Customs will now hear the matter in accordance with law. It is stated before me by Mr. Gupta that the penalty has already been realised by the respondents. Mr. Roy, however, contended....... + More
-
1971 (6) TMI 11
Natural justice - Adjudication - Evidence - Relevance of - Summons ... ... ... ... ..... one. The petitioner had a right to be heard in the proceeding itself before the proceeding could be concluded and the order of confiscation could be made. That was not done by the Collector. Therefore, both the objections raised as against the final order of the confiscation dated September 27, 1969 must be sustained and S. R. 8607(W) of 1969 must succeed. The impugned order is, therefore, set aside. 18.In the result, both the Rules succeed and are made ab....... + More