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1979 (6) TMI 135
... ... ... ... ..... se included a document or two which had been marked on the respondent's side as well. The appellate Court had also gone in to the relevant oral evidence on the subject. On a consideration of the entire evidence, the appellate Court concluded; Therefore, the theory of the defendant that the defendant is a tenant of the entire premises has got to be rejected . This conclusion based as it is on the evidence on record, cannot be regarded as erroneous in point of law. It has not been, and it cannot be, urged that the appell....... + More
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1979 (6) TMI 134
... ... ... ... ..... essional statements recorded on December 13, 14, 1977 were voluntary statements or were statements which were obtained from the detenu under duress or whether the subsequent retraction of those statements by the detenu on December 22, 1977 was in the nature of an afterthought, were primarily for the detaining authority to consider before deciding to issue the impugned detention order but since admittedly the aforesaid vital facts which would have influenced the mind of the detaining authority one way or the other were neit....... + More
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1979 (6) TMI 133
... ... ... ... ..... ove the view taken by Alagiriswami, J., in Writ Petition Nos. 2397 to 2399 of 1976 and Ismail, J., in Writ Petition No. 642 of 1969, and hold that the decision in Lakshmi Venkatesan (minor) v. Special Tahsildar, Land Acquisition W.P. No. 1418 of 1972--(1978) 91 L.W. 1, is not good law. 20. The reference will stand answered accordingly. We direct the papers to be placed before the learned Chief Justice for the writ petition being posted before a single Judge for disposal after considering the other grounds set out by the pe....... + More
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1979 (6) TMI 132
... ... ... ... ..... hat the duty in respect of the said yarn should have been recovered at the rate of ₹ 10 per Kg. inasmuch as that was the rate applicable to the variety of yarn in question, on the date of payment, as per Government of India s Notification No. 85/77, dated 9-5-1977. He has further pleaded that the observation made by the Assistant Collector, Central Excise, M.O.D. III, New Delhi to the effect that since the subject yarn was seized on 5-11-1976, the rate of duty applicable in respect thereof would be the rate prevaili....... + More
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1979 (6) TMI 131
... ... ... ... ..... As pointed out earlier, Bhide s case(6) turned on the finding that the contract was for training out ballast and not merely for stacking the ballast. Therefore, it is sufficient to state that Bhide s case(6) does not govern cases as the present one, where the contract is only for stacking ballast. 7.. In the light of the above discussion our conclusion is that the contract for supply by stacking of ballast at specified points entered into by the petitioner with the railway department was only a contract of sale and not a c....... + More
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1979 (6) TMI 130
A Firm, Agricultural Income Tax ... ... ... ... ..... to us the decision of a Division Bench of of this court in Commr. of Agrl. I T. v. K. S. Narayanan Tratan Namboodiripad 1967 64 ITR 57 holding that janmikaran is not income under the Agrl. I.T. Act. Neither the decision nor the principle has direct application here. Counsel also placed reliance on the ruling of a Division Bench of this court in S. A. Ramaraj v. Commr. of Agrl. I. T. 1969 71 ITR 108 and on the decision of the Madras High Court in State of Madras v. Moulvie Estate 1968 70 ITR....... + More
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1979 (6) TMI 129
Capital Gains, Transfer ... ... ... ... ..... he sale, exchange or relinquishment of the asset or the extinguishment of any rights therein or the compulsory acquisition thereof under any law. As held in CIT v. Janab N. Hyath Batcha Sahib 1969 72 ITR 528 (Mad), there is no sale in a case like this. There is no exchange either. Nor is there any relinquishment of the asset or any extinguishment of any rights therein. In a partnership, a partner does not completely divest himself of his rights in the property, which is a partnership asset so as to....... + More
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1979 (6) TMI 128
Winding up – Suits stayed on winding-up order ... ... ... ... ..... s nothing to do with the jurisdiction of the civil court to entertain and proceed with the suit. Mr. Vakil has brought to my notice the order made by this court in Company Application No. 166 of 1978 granting to the plaintiff on 4th August, 1978, leave to proceed with the suit as against the company. Therefore, not only the suit as against defendant No. 2 can proceed but it can also proceed as against defendant No. 1. In the result, I find that the trial court has jurisdiction....... + More
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1979 (6) TMI 119
Company when deemed unable to pay its debts ... ... ... ... ..... alternative but to admit the petition for winding up. Mr. Chinoy has lastly urged that the petitioners have filed this petition mala fide with the intention of capturing the boat-yard of the company. In support of his contention he has urged that the petitioners knew that the debts were not presently payable. There is no substance in this argument either. There are 24 boats which are lying unfinished with no prospects of their completion. Under such circumstances, it is disingen....... + More
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1979 (6) TMI 118
Amalgamation ... ... ... ... ..... the shares of the transferor-company. I have not examined this aspect of the matter in any detail because admittedly inclusion or exclusion of these figures make only a marginal difference to the valuation of shares. In my view, there is nothing contrary to public interest in the scheme of amalgamation which is presented before me. The official liquidator has made a report under the provisions of section 394(1) of the Companies Act, which goes to show that the affairs of the transferor-company have not been c....... + More
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1979 (6) TMI 103
... ... ... ... ..... renovation charges and without claiming any abatement, duty was paid on such amount also. In price list dated 1-4-1997 appellant proposed refund of the rebate collected earlier and claimed abatement in respect of the same from the assessable value. 4. emsp In the Order-in-Appeal No. E/1514/89-A, we examined the various circulars issued by the appellant and held that in the previous year appellant raised money for the purpose of modernisation and renovation on the understanding that the same will be repaid the next year and....... + More
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1979 (6) TMI 102
... ... ... ... ..... purchased jointly by all the ten persons. The mere fact that by a stroke of fortune that one of the tickets secured the prize would not mean that the members associated together by carrying on a commercial activity to produce income. As observed earlier, the other ingredients necessary to constitute an AOP like common management, common activity to produce income etc., are utterly lacking in this case. As stated above, for the mere reason that one of the tickets which was jointly owned by all the ten persons secured the pr....... + More
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1979 (6) TMI 101
... ... ... ... ..... to the facts of this case. On a careful consideration of the entirety of the facts and circumstances of the case. We are satisfied that the delay in filing the returns of wealth for the years under appeal by the assessee was not without reasonable cause. We therefore, uphold the orders of the AAC cancelling the penalties. 6. The learned counsel for the assessee pointed out that in any event the quantum of penalties levied for the asst. yrs. 1967-68 and 1968-69 was in excess of the quantum authorised by law as was in force ....... + More
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1979 (6) TMI 98
... ... ... ... ..... ell or dispose of the said property during her life time then the said property is to be divided among the three sons and their heirs equally in three shares. . If the lady had given this property to the assessee during her life time, it could perhaps be said that it was a different case. Since the assessee got this property only after the death of his mother, in terms of the settlement deed, it is clear that the character of being ancestral got revived as a result of the direction in the settlement deed and the income fro....... + More
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1979 (6) TMI 97
... ... ... ... ..... from out of the joint family property to his wife. The Andhra Pradesh High Court held that the mere fact that the donor happened to be the manager of the joint family and that the gift was part of the joint family property would not make the gift a gift by the Hindu joint family. In the instant case, the gift was made by the Karta who is also the husband of the donee of half the amount of capital standing in the capital account in the firm M/s Peerless Theatres, May,uram. The gift was made by the Karta as a husband to his ....... + More
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1979 (6) TMI 94
... ... ... ... ..... Even under the English Act there is no judicial decisions which prohibits or is against the same inclusion. Green s Estate Duty only speaks of a practice in certain cases, whereas Diamond s Death duty not only does not refer to the practice but in fact suggests a liberal approach only. Even from the point of equity we do not see how when a person who seeks to give a gift wants to enjoy the fruits thereof by retaining the property with himself should be given not a single advantage, namely allowance of gift-tax on the estat....... + More
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1979 (6) TMI 92
... ... ... ... ..... rom his service this obligation has left solely to the assessee himself and for fulfilling this obligation he had depend on his former office. That being the case, the assessee s explanation that he had to wait for the particulars of his leave salary from the Pay and Accounts Officer and had also trace out his income tax file which misplaced by the Accountant of his former office cannot be considered as an after thought because there is nothing to show that the assessees had wantonly chosen to disregard his statutory oblig....... + More
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1979 (6) TMI 90
... ... ... ... ..... he order of the Chief Metropolitan Magistrate, dt. 30th March, 1976, is not final. Before the Magistrate, the assessee had categorically stated that he has nothing to do with the articles seized and that further the Magistrate has observed that the assessee has not claimed the goods as his and, therefore, he is not entitled to get the return of the goods seized. The revenue has not brought on record any material to show that the plea of the assessee that he is not the owner of the seized goods is false. On a careful consid....... + More
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1979 (6) TMI 89
... ... ... ... ..... and an authority like the Tribunal acting anywhere in the country has to respect the law laid down by the High Court, though of a different state so long as there is no contrary decision of any other High Court on that question. In the instant case, the Madras High Court in the case reported in 110 ITR 256 has held that r. 19A(3) of the IT Rules has to be ignored. A special Bench (Bombay)of the Tribunal comprising five Members, viz., S/Shri T.D. Sugla, Vice President, B.B. Palekar, A. Krishnamurthy, T.A. Upponi and P.G.K. ....... + More
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1979 (6) TMI 88
... ... ... ... ..... ITR 715, the Madras High Court held at page 720 that even if the extinction of the old firm and the constitution of the new firm took place simultaneously, in law it must be presumed that the retirement of the partners of the old firm preceded the constitution of the new firm, for, unless the old firm ceased to exist a new firm could not come into being. In that case, 4 out of 5 partners retire from the firm, the remaining partner took over the rights and liabilities of the firm and later on the same day a new firm was for....... + More
