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Case Laws
Showing 221 to 237 of 237 Records
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1983 (3) TMI 17 - CALCUTTA HIGH COURT
Business Connection, Income Accruing Or Arising In India, Non-resident ... ... ... ... ..... ary for the fulfilment of the obligation and thus mutually co-operate and render assistance to each other. On these facts the Division Bench of the Andhra Pradesh High Court held that there was business connection between the assessee-company and the non-resident within the meaning of s. 163(1)(b) of the I.T. Act. But the facts of the case before us are entirely different. The finding of the Tribunal is that all the business operations of the non-resident were to be carried out outside India. There is no clause in the agreement that has been produced before us which requires the non-resident to render any service or carry out any business operation in India. In view of the facts found by the Tribunal and having regard to the agreement and in the light of the principles laid down by the Supreme Court in the case of Carborandum Co. v. CIT 1977 108 ITR 335 (SC), both the questions are answered in the affirmative and in favour of the assessee. There will be no order as to costs.
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1983 (3) TMI 16 - MADRAS HIGH COURT
Income From Undisclosed Sources ... ... ... ... ..... to accept the reasoning of this court in CIT v. Mahalakshmi Textile Mills 1965 56 ITR 256. On the facts before us, there has been only a replacement of the conventional card clothing by metallic card clothing in the carding section of the mills and this has been done with a view to preserve and maintain in good condition the already existing asset. The replacement of the conventional card clothing by metallic card clothing does not result in bringing any new asset which was not there before. Hence, applying the principles laid down by the Mysore High Court in Hanuman Motor Service v. CIT 1967 66 ITR 88 and the Supreme Court in CIT v. Mahalakshmi Textile Mills Ltd. 1967 66 ITR 710, we have to hold that the expenditure in question should be treated as charges for repairs and, therefore, it is exigible for deduction under s. 37 of the I.T. Act, 1961. The view taken by the Tribunal, therefore, appears to be correct. The petition is dismissed. There will be no order as to costs.
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1983 (3) TMI 15 - MADHYA PRADESH HIGH COURT
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... ... ..... le to Dey s Medical Stores and that in spite of the prohibitory orders mentioned by it, the Department shall have to be preferred and the arrears of income-tax shall have priority over the dues of Dey s Medical Stores. Reference was also made to ss. 187 and 189(3) of the I.T. Act. In my opinion, in view of my findings aforesaid, these provisions are not attracted. The I.T. Department, as I have shown above, is proceeding against the individual partners. It is not that the tax assessed upon a partner was sought to be recovered from a firm. Similarly, reference to s. 5 is also out of place. The result is that out of the sum of Rs. 12,341, a sum of Rs. 6,170.50 plus Rs. 425-total Rs. 6,595.50, shall be made over to the I.T. Department. The balance shall be available for distribution among other creditors in accordance with s. 73 of the CPC. Both the revisions, therefore, partly succeed and are allowed to the extent indicated above. There shall, however, be no order as to costs.
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1983 (3) TMI 14 - MADHYA PRADESH HIGH COURT
Estate Duty ... ... ... ... ..... e property in question. As regards question No. 2, learned counsel for the Department conceded that the matter was concluded by our decision in M.C.C. No 148 of 1981 (CED v. Prakashchand 1984 147 ITR 1 (MP)), wherein, differing from the view taken in Satyanarayan Saraf v. Asst. Controller 1978 111 ITR 432 (Cal), we have held that notional partition contemplated by S. 39 of the Act is between the deceased and other members of the HUF who are entitled to a share in the joint family property, if a partition were to take place in the lifetime of the deceased and that the wives of the sons of the deceased cannot be brought into the picture at that stage. For all these reasons, our answer to question No. 1 referred to us is in the affirmative and against the Department. As regards question No. 2, our answer to that question is in the negative and in favour of the Department. As none appeared on behalf of the accountable person, parties shall bear their own costs of this reference.
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1983 (3) TMI 13 - MADRAS HIGH COURT
Clubbing Of Income Of Minor Child, Inclusions In Total Income, Minor Child, Total Income ... ... ... ... ..... v. M.S.P. Nadar Sons 1973 87 ITR 202 (Mad), where the facts are almost identical. The decision of this court in the M.S.P. Nadar Sons case 1973 87 ITR 202 (Mad), which squarely applies to the facts of these cases has been approved by the Supreme Court in CIT v. Ambat Echukutty Menon 1979 120 ITR 70. In that case, the Supreme Court has held that even if the roots have been left intact allowing further growth if the intention of the party in clearing the trees is only to make the land fit for further plantation, the intention of the parties cannot be ignored, since the object of clearance of the trees was not regeneration of the trees, but the protection of the same eventually to be used for the purpose of cultivation. In view of the said decisions, we have to uphold the decision taken by the Tribunal in this case. The question is, therefore, answered in the affirmative and against the Revenue. The assessee will have its costs from the Revenue. Counsel s fee Rs. 500 (one set).
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1983 (3) TMI 12 - MADRAS HIGH COURT
Appeal To AAC ... ... ... ... ..... rity are also business income or trading assets, and that, therefore, there cannot be any restriction on the power of the AAC when he wants to enhance the income coming under the same source. But, it is clear from the decision of this court in CIT v. Coimbatore Cotton Mills Ltd. 1983 140 ITR 562, which has clearly laid down that an amount received as and by way of charity is not a trading receipt. Therefore, the contention of the Revenue that it relates to the same source which has already been subjected to tax, has to be rejected in view of the fact that charity collections do not form trading receipts and, therefore, they are of a different source. In view of the rulings laid down by the Supreme Court in CIT v. Shapoorji Pallonji Mistry 1962 44 ITR 891 at page 896 and CIT v. Rai Bahadur Hardutroy Motilal Chamaria 1967 66 ITR 443, we have to answer the questions referred to us in the affirmative and against the Revenue. The assessee will get the costs. Counsel s fee Rs. 500.
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1983 (3) TMI 11 - KERALA HIGH COURT
Estate Duty, Reassessment ... ... ... ... ..... e Tribunal itself, for reference has been made to clause 15 of the agreement in the order but in effect cl. 14 in the context of the plea also calls for consideration. Whether cl. 15 would be attracted to a circumstance such as that in this case also is matter which the Tribunal has necessarily to consider. Hence, we direct the Income-tax Appellate Tribunal to go into the matter afresh and dispose of the appeal in the light of what we have said. A copy of this judgment under the signature of the Registrar and the seal of this court shall be forwarded to the Income-tax Appellate Tribunal, Cochin Bench. CMP No. 27502 of 1983 in ITR.No. 229 of 1980 dt. 3-2-84. This court directed the Appellate Tribunal to consider the matter in the light of the decision of the Supreme Court in (Indian and Eastern Newspapers Society s case 1979 119 ITR 996.) We do not think that this is fit case for appeal to the Supreme Court and so we decline to grant certificate to appeal to the Supreme Court.
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1983 (3) TMI 10 - MADRAS HIGH COURT
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... ... ..... d and the building separately and adding up the values would be improper in such cases. We do not see how these decisions will help the assessee. They were cases where the building and the site on which it stood were valued separately and the value was added up to determine the value of the building. But that is not the case here. Here the building and the land on which it stood were separately valued by capitalising the annual rent by a number of years purchase. It is only the excess land which cannot normally be treated as appurtenant to the building that was separately valued at the market value. Therefore, the principle of those decisions cannot be applied here. We are, therefore, of the view that the method of valuation adopted by the Tribunal is justified on the facts and circumstances of this case. The question referred is, therefore, answered in the affirmative and against the assessee. The assessee will pay the costs of the Revenue. Counsel s fee is fixed at Rs. 500.
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1983 (3) TMI 9 - MADRAS HIGH COURT
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... ... ..... responding increase in the interest of the other partners without any consideration, amounted to a gift chargeable to gift-tax. In that case, reference has been made to s. 29 of the Partnership Act, which provides that a transferee of a partner s interest is entitled, during the continuance of the firm, to receive the share of profits of the transferring partner and, on dissolution, to receive the share of the assets of the firm to which the transferring partner will be entitled. Having regard to preponderance of judicial opinion, where a partner relinquishes a portion of his profit-sharing interest in the partnership in favour of another, the transaction will amount to a gift falling within the definition of s. 2(xii) read with s. 2(xxiv) of the Act, we are in entire agreement with the view taken by the Tribunal in this case. The question is, therefore, answered in the affirmative and against the assessee. The assessee will pay the costs to the Revenue. Counsel s fee Rs. 500
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1983 (3) TMI 8 - MADRAS HIGH COURT
Business Expenditure, Commission, Retrenchment Compensation ... ... ... ... ..... partment, it in seen from the order of the Tribunal that there is absolutely no evidence or material to show that the said sum of Rs. 13,703 represented rebate and allowances portion of the service charges withheld by the various customers of the assessee for the unsatisfactory services rendered to them as claimed by the assessee. If the assessee failed to adduce the necessary evidence to show that the sum of Rs. 13,703 represented rebate and allowances pertaining to the service department, we do not see how the assessee can claim the said amount as an allowable expenditure. In the absence of evidence, the Tribunal appears to be justified in sustaining the disallowance of Rs. 13,703made by the ITO. We have to, therefore, answer question No. 4 also in the affirmative and against the assessee. Thus, all the four questions referred in this tax case are answered in the affirmative and against the assessee. The Revenue will have its costs from the assessee. Counsel s fee Rs. 500.
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1983 (3) TMI 7 - KERALA HIGH COURT
Agricultural Income Tax ... ... ... ... ..... in favour of the minors directly or indirectly by the petitioner otherwise than for adequate consideration. It is not disputed, as stated earlier, that the petitioner has not transferred any of his assets directly or indirectly in favour of the minors in any way and the properties which are said to have been purchased in the names of the minors are not properties which belonged to the petitioner or over which he has got any right whatsoever. Section 9(2)(a)(iv) can, therefore, have no application to the case on hand. The second part of Ex. P-1 is, therefore, issued in violation of the statutory provisions in the Act and is thus liable to be quashed. In the result, this original petition is allowed and the second part of Ex. P-1 notice consisting of the properties purchased in the names of the minors is hereby quashed. It is made clear that the first part of Ex. P-1 notice has not been challenged in these proceedings. This order will not in any way affect that part. No costs.
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1983 (3) TMI 6 - MADRAS HIGH COURT
Capital Gains, Reference ... ... ... ... ..... le in respect of the sales executed by the assessee, it is not possible to infer that the payments made to the mother were also taken into consideration by the assessee while arriving at the sale consideration payable to him. It is no doubt true that after the declaration granted by this court, the sale deeds executed by the mother were void, the amounts paid to the mother are recoverable by the purchasers, but that will not mean that the said consideration was taken note of by the assessee and given credit to by him while executing the sale deeds in favour of the purchasers. We, therefore, feel that the Tribunal is right in holding that the amounts that were paid to the adoptive mother in respect of the void sales made by her have nothing to do with the sale consideration received by the assessee for effecting the sales. In this view of the matter, we do not see any justification for directing the reference sought for in these cases. The petitions are, therefore, dismissed.
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1983 (3) TMI 5 - MADRAS HIGH COURT
Higher Rate, Wealth Tax ... ... ... ... ..... will apply only to a Hindu undivided family which has at least two male members and that it will not apply to a Hindu undivided family consisting of one male member and other female members. It is significant to note that the word used in sub-paragraph (1A) of para. A of Part I of the Schedule is member and not male member or coparcener . It is, therefore, not possible to give a restricted meaning to the word member occurring in sub-paragraph (1A) of para. A of Part I of the Schedule to the Wealth-tax Act. Sub-paragraph (1A) of para. A of Part I of the Schedule nowhere makes any reference to a coparcener and, therefore, we cannot bring in the notion of coparcener or coparcenary while construing the provisions of the Schedule to the Wealth-tax Act. In this view, we are inclined to agree with the decision arrived at by the Tribunal in this case and we do not see any justification to direct reference of this case. The petitions are dismissed. There will be no order as to costs.
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1983 (3) TMI 4 - MADRAS HIGH COURT
Estate Duty, Interest Ceasing On Death ... ... ... ... ..... as the price of the property according to the market price at the time of the deceased s death. If the principal value of that property is to be taken as the market value as per section 40 read with section 36, then the life interest in favour of the son, which has come into existence on the death of the deceased, has naturally to be taken into account, for that will affect the value of the property and any intending purchaser will naturally offer a price after giving due allowance for the life interest in favour of the son. In this view of the matter, the Tribunal appears to be right in holding that due allowance has to be given for the value of the life interest of the son while determining the principal value of the properties in question and remitting the matter to the Assistant Controller for that purpose. Accordingly, the question referred to us is answered in the affirmative and against the Revenue. The Revenue shall pay Rs. 500 to the counsel for respondent as costs.
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1983 (3) TMI 3 - ANDHRA PRADESH HIGH COURT
Firm, Registration ... ... ... ... ..... ntract is established between the business of the main firm and that of the sub-partnership firm, the members of the sub-partnership firm do not become partners of the main firm, as a sub-partnership firm is a different and distinct entity. In the instant case, the partners of the sub-partnership firm are entitled to share the profits and losses which accrue to the share of R in the main partnership firm. The business of the sub-partnership firm is described in its partnership deed as financing of the capital of R . In the circumstances, it cannot be said that the sub-partnership firm did not carry on any business. As long as the sub-partnership firm exists and is found to be a genuine one, it is entitled to registration under the Income-tax Act. Hence, without any further discussion on merits in view of the aforesaid decision and for the same reasons, we reject this reference by answering the question raised herein in the affirmative and in favour of the assessee. No costs.
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1983 (3) TMI 2 - SC ORDER
Held that the partial partition between the parties is valid and we direct the ITO to recognise the partial partition of the joint family properties claimed by the assessee and to proceed to make the assessment on the basis thereof
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1983 (3) TMI 1 - SUPREME COURT
As there is no finding that the partial partition is sham or fictitious, on enquiries made by the ITO, and as the partial partition is otherwise valid under the Hindu Law, the partial partition has necessarily to be recognised u/s 171 - order of the HC are set aside - partial partition is held to be valid and the ITO is directed to recognise the same and to proceed to make the assessment on the basis that there has been a partial partition of the said shares between the parties
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