Mumbai Court March 1945 Judgments
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National Petroleum Co., Ltd., Bombay Vs. Commissioner of Income-tax, B ...
Court: Mumbai
Decided on: Mar-26-1945
Reported in: [1945]13ITR336(Bom)
GHAGLA, J. - In this reference the assessees contention is that a sum of Rs. 1,34,300 became a bad debt in the accounting year and he is entitled to deduct it from the profits of that year. The facts shortly are that the appellant company was floated mainly with the object of acquiring the petroleum business of Ishardas Ramchand of Bombay. Ishardas had imported from Rumania petrol in two ships and they arrived at Calcutta. The Port Trust authorities demand duty at a certain rate, Ishardas contention was that he was liable to pay duty at a lower rate, but he ultimately paid to the Port Trust authorities duty at the rate claimed under protest. He then made various representations to the Governor-General in Council and in respect of one of the shipments he obtained certain reliefs; but with regard to the other shipment, the Governor-General in Council refused to grant any relief. The business of Ishardas was taken over by the appellant company by an agreement dated the 5th of June 1934, a...
In Re: B.M. Kamdar
Court: Mumbai
Decided on: Mar-23-1945
Reported in: AIR1945Bom442; (1945)47BOMLR742
Leonard Stone, Kt., C.J.1. This is a reference under Section 66(1) of the Indian Income-tax Act, 1922, and comes to us direct from the Commissioner under the option given to the assessee by the 1940 Act. The reference arises out of an assessment to income-tax upon the assessee for the assessment year 1939-40 in respect of the accounting year previous, which in this case is the calendar year 1938.2. The assessee was assessed to income-tax by an assessment order dated March 23, 1939, in a total sum of Rs. 34,731, made up as the assessment order shows of income from four sources, namely salary (director's remuneration), profession, interest and a one-third share from the estate of a Mr. Kamdar. The item in dispute is Rs. 12,302, which, in the assessment order, is described as : 'Profession-Recoveries from outstandings during calendar year 1938 as per bill book.3. Before February 15, 1938, the assessee had carried on the business of a furniture dealer under the name of 'Kamdar Karyalaya,' ...
D.V. Arur Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-23-1945
Reported in: (1945)47BOMLR786
Leonard Stone, Kt., C.J.1. This is a reference under Section 66(1) of the Indian Income-tax Act, 1922. The assessment year is the year 1939-40 in respect of the accounting year, which in this case is the year ending May 31, 1938.2. The asseasee is a trustee, and the amount in dispute is the sum of Rs. 1,263, which is the income for the accounting year of a trust fund created by a settlement dated February 10, 1924.The questions referred to us are as follows:(1) Whether the income of the trust fund called Shri Kailaje Umamaheshwar Vidya Nidhi is income derived from property held under trust or other legal obligation wholly for charitable purposes within the meaning of Section 4(3)(i) of the Indian Income-tax Act? (2) Whether the income of the trust is taxable at the maximum rate under the first proviso to Section 41(1) of the Act?3. The answer to the first question must depend solely on whether the trusts or the settlement are wholly for charitable purposes within the meaning of Section...
Partab Bawaji Jivaji Vs. Bai Suraj
Court: Mumbai
Decided on: Mar-23-1945
Reported in: AIR1946Bom123; (1945)47BOMLR975
Lokur, J.1. This appeal raises an important question as to the validity of an adoption by an unchaste widow among the three regenerate classes. The suit out of which this appeal arises was filed by the three minor daughters of one Bawaji Jiwaji through their next friend, Abhesing, for a declaration that the adoption of defendant No. 1 by defendant No. 2 is invalid and that the alienations of Bawaji's property by defendant No. 1 are ineffective. Bawaji died about the year 1928 leaving behind him his three minor daughters and his widow Baiji, defendant No. 2, and a minor son named Bhika who died in his infancy. Defendant No. 2 is said to have been living in illicit intimacy with defendant No. 3 and she claims to have taken his son, defendant No. 1, in adoption. After his alleged adoption defendant No. 1 alienated Bawaji's property to defendants Nos. 4 to 8. Hence the minor plaintiffs filed this suit through their next friend to have those alienations set aside alleging that defendant No....
Poona Electric Supply Co., Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-23-1945
Reported in: (1947)49BOMLR184; [1946]14ITR618(Bom)
Kania, J.1. This is a reference made by the Tribunal of Appeal under Section 66(1) of the Indian Income-tax Act. The relevant facts which are found in the statement of case are these :2. The assessee company started converting the supply of electric energy from DC to AC system and they were obliged under the provisions of the Indian Electricity Act and under the terms of their licence to change and substitute at their own cost the consumers' equipment such as fans, radios, etc. so as to enable the consumers' equipment to be worked on AC system. In doing so, they had to make alterations in their own cables, service lines and meters. They claimed the entire expenses incurred in the course of conversion during the four accounting years as revenue expenditure. That claim was rejected. Having regard to the decision in The Nagpur E.L. & P. Co. Ltd. v. Com, of I.T.C.P. & Berar (1932) 6 I.T.C. 303 the point was not pressed before the Tribunal. The Income-tax Officer had negatived both the clai...
Poona Electric Supply Co. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-23-1945
Reported in: AIR1947Bom298
Kania, J.1. This is a reference made by the Tribunal of Appeal under Section 66(1), Income-tax Act. The relevant facts which are found in the statement of case are these.2. The assessee company started converting the supply of electric energy from DC to AC system and they were obliged under the provisions of the Electricity Act and under the terms of their licence to change and substitute at their own cost the consumers' equipment such as fans, radios, etc., so as to enable the consumers' equipment to be worked on AC system in doing so, they had to make alterations in their own cables, service lines and meters. They claimed the entire expenses incurred in the course of conversion during the four accounting years as revenue expenditure. That claim was rejected. Having regard to the decision in 6 I.T. Order 303l the point was not pressed before the Tribunal. The Income-tax Officer had negatived both the claims, but the Appellate Assistant Commissioner, while upholding the Income-tax Offi...
B. M. Kamdar, in Re.
Court: Mumbai
Decided on: Mar-23-1945
Reported in: [1946]14ITR10(Bom)
STONE, C.J. - This is a reference under section 66(2) of the Indian Income-tax Act, 1922, and comes to us direct from the Commissioner under the option given to the assessee by the 1940 Act. The reference arises out of an assessment to income-tax upon the assessee for the assessment year 1939-40 in respect of the accounting year previous, which in this case is the calendar year 1938.The assessee was assessed to income-tax by an assessment order dated March 23, 1939, in a total sum of Rs. 34,731, made up, as the assessment order shows, of income from four sources, namely salary (directors remuneration), profession, interest and a one-third share from the estate of a Mr. Kamdar. The item in dispute is Rs. 12,302, which, in the assessment order, is described as : 'Profession-Recoveries from outstandings during calendar year 1938 as per bill-book.'Before February 15, 1938, the assessee had carried on the business of a furniture dealer under the name of 'Kamdar Karyalaya,' and he also carri...
D. Vs. Arur V. Commissioner of Income-tax, Bombay.
Court: Mumbai
Decided on: Mar-23-1945
Reported in: AIR1946Bom44; [1945]13ITR465(Bom)
STONE, C.J. - This is a reference under Section 66 (1) of the Indian Income-tax Act, 1922. The assessment year is the year 1939-40 in respect of the accounting year, which in this case is the year ending May 31, 1938.The assessee is a trustee, and the amount in dispute is the sum of Rs. 1,263, which is the income for the accounting year of a trust fund created by a settlement dated February 10, 1924.The questions referred to us are as follows :-'(1) Whether the Income of the trust fund called Shri Kailaje Umamaheshwar Vidya Nidhi is income derived from property held under trust or other legal obligation wholly for charitable purposes within the meaning of Section 4 (3) (i) of the Indian Income-tax Ac ?(2) Whether the income of the trust is taxable at the maximum rate under the first proviso to Section 41 (1) of the Act ?'The answer to the first question must depend solely on whether the trusts or the settlement are wholly for charitable purposes within the meaning of Section 4 (3) (i) ...
Land Acquisition Officer Vs. Jivanlal
Court: Mumbai
Decided on: Mar-20-1945
Reported in: AIR1946Bom155; (1945)47BOMLR874
Macklin, J.1. These two appeals are concerned with the acquisition of certain properties for the Kalupur Relief Road under construction in Ahmedabad. The amount involved in these appeals is very small, but we are told that they have been presented because they involve a question of principle, namely the question of the extent to which it is permissible to separate the value of the land itself from the value of the buildings on the land for the purposes of comparison with sales and other dispositions of property in the neighbourhood.2. It is stated in Government of Bombay v. Merwanji Muncherji : (1908)10BOMLR907 , that land is a marketable commodity of one description, and land with buildings on it is a marketable commodity of another and a different description, and that there is no known process by which, from the ascertained value of land plus buildings as an investment, it is possible to deduce the value of the land alone. With that remark we are in entire agreement. But the difficu...
Pirojshah Bharucha Vs. Hirabai Bharucha
Court: Mumbai
Decided on: Mar-19-1945
Reported in: AIR1945Bom537; (1945)47BOMLR514
Coyajee, J.1. The petitioner in this application asks for fixing of maintenance by the Court under Section 40 of the Parsi Marriage and Divorce Act, III of 1936. The respondent filed a suit for divorce against the petitioner and the petitioner had filed a counter-claim for the same relief, and the husband not having pressed his suit, the counter-claim was decreed and the petitioner was granted a decree. After the decree for divorce was passed, parties arrived at certain consent terms in connection with the custody of the children, permanent alimony and provision for the maintenance of the children and the said terms were set out in the consent order. One of the terms of the consent order runs as follows :This Court doth declare that the defendant hereby agrees not to claim alimony now or at any time in future.' When this order was obtained I had drawn the attention of the counsel to the nature of the order and remarked that this part of the order may not be enforceable. But the counsel...
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