Mumbai Court March 1948 Judgments
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Shree Laxmi Silk Mills, Bombay Vs. Commissioner of Excess Profits Tax, ...
Court: Mumbai
Decided on: Mar-23-1948
Reported in: AIR1949Bom12; [1948]16ITR98(Bom)
CHAGLA, C.J. - The assessee is running a silk mill known as Sri Lakshmi Silk Mills. Artificial silk cloth is manufactured in these mills. There is also a dyeing plant attached to the mills for dyeing silk yarn. The assessees business was to manufacture silk cloth and also dye silk yarn. In the chargeable accounting period, 1st January, 1943, to the 31st December, 1943, the assessee, owing to the difficulty in obtaining silk yarn on account of the war, stopped his dyeing activities as a result of which the dyeing plant remained idle for some time. Therefore on the 20th August, 1943, he let this plant to Messrs. E. Parekh & Co. on a rental of Rs. 4,001 per month. The assessee received from E. Parekh & Co. Rs. 20,005 by way of rent for the period the plant was hired to the company during the accounting period. The Tribunal held that the sum of Rs. 20,005 was the assessees income in the chargeable accounting period from business as defined in Section 2 (5) of the Excess Profits Tax Act. Th...
Municipal Corporation for the City of Bombay Vs. Commissioner of Incom ...
Court: Mumbai
Decided on: Mar-23-1948
Reported in: AIR1949Bom39; [1948]16ITR165(Bom)
CHAGLA, C.J. - The assessee in this case is the Municipal Corporation of the City of Bombay and in the year of account 1938-39 the Corporation supplies water outside the City of Bombay to Government and other persons. The total receipts from this supply amounted to Rs. 4,12,366, and the question is whether the income derived by the Corporation by the supply of water is subject to tax. This water was supplied from the Municipal water works situated outside the City of Bombay on property belonging to the Corporation and the supply was metered at the water works. The Municipal Corporations contention is that the surplus of receipts over expenditure with regard to this supply is exempt from income-tax under Section 4 (3) (iii) of the Income-tax Act.Now, sub-section (3) of Section 4 contains various kinds of incomes which are not to be included in the total income of the person receiving it and one of those kinds of income is the one mentioned in clause (iii) of that sub-section which is th...
Tejaji Farasram Kharawalla Vs. Commissioner of Income-tax, Bombay (Mof ...
Court: Mumbai
Decided on: Mar-23-1948
Reported in: AIR1949Bom34; [1948]16ITR260(Bom)
CHAGLA, C.J. - The assessee in this case is a representative of the Ciba (India) Ltd., and by an agreement entered into between the assessee and Ciba on 29th October, 1928, it was agreed that Ciba (India), Ltd., should pay to the assessee 12 1/2 per cent. commission on various articles of Ciba which the assessee was to sell. On 20th August, 1935, Ciba (India), Ltd., wrote a letter to the assessee making it clear that out of this commission of 12 1/2 per cent., 7 1/2 per cent. was to be the representatives own commission and 5 per cent. was to be taken by him as compensation in lieu of the contingency expenses he has to meet with, such as commission to dyeing masters, agents, etc. For the account year relevant to the assessment year 1940-41 the assessee received a sum of Rs. 78,573 which represents this 5 per cent. commission. The Income-tax Officer allowed as an admissible item of expenditure only a sum of Rs. 27,342. This sum was allowed because according to the Income-tax Officer the...
Madanlal Dharnidharka Vs. the Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-22-1948
Reported in: AIR1949Bom24; (1948)50BOMLR335
M.C. Chagla, C.J.1. This is a reference in respect of the assessment year 1944-45. The assessee was held to be a resident for that year. The previous year or the accounting year in respect of this assessment year was the Maru year 1999-2000 beginning with November 9, 1942. The assessee commenced doing business in Bombay from that date and there was a credit entry in his books of account on that very day for a sum of Rs. 51,000. On January 8, 1943, there was another credit entry for a sum of Rs. 1,50,000. In that year the assessee suffered a loss of Rs. 73,779 in his business which he was carrying on at Indore. The two questions which are submitted for our determination are concerned with these two sums of Rs. 2,01,000 and Rs. 73,779. With regard to the sum of Rs. 2,01,000 the assessee's case before the Department was that he was adopted by his uncle many years ago, that his uncle left a large fortune, and it was out of this large fortune that this amount was brought into British India....
Karachi Oil Products Ltd. Vs. Kumar Shree Narendrasinghji
Court: Mumbai
Decided on: Mar-22-1948
Reported in: AIR1950Bom149
Bhagwati J.1. The plaintiffs have filed this suit against the defendant who had been a director of the plaintiffs from the date of their incorporation up to 29th October 1942, to recover from him the sum of Rs. 5,000, being the amount payable by him to them for 500 qualification shares together with interest thereon at the rate of 9 per cent. per annum from 28th October 1943.2. On or about 11th July 1941, the defendant consented to act as a director of the plaintiffs and also agreed to take from the plaintiffs and pay for 500 shares of Rs. 10 each, being the number of qualification shares prescribed for the purpose of holding the office of the director of the plaintiffs. A statement in lieu of prospectus was sign. ed by the defendant on 11th September 1941. This agreement by the defendant to take 500 shares from the plaintiffs was treated by the plaintiffs as an application for the shares and was given a number, being No. 4 shown in their book containing applications for and allotment ...
The Karachi Oil Products Ltd. Vs. Kumar Shree Narendrasinghji
Court: Mumbai
Decided on: Mar-22-1948
Reported in: (1949)51BOMLR1012
Bhagwati, J.1. The plaintiffs have filed this suit against the defendant who had been a director of the plaintiffs from the date of their incorporation up to October 29, 1942, to recover from him the sum of Rs. 5,000, being the amount payable by him to them for 500 qualification shares together with interest thereon at the rate of 9 per cent, per annum from October 28, 1943.2. On or about July 11, 1941, the defendant consented to act as a director of the plaintiffs and also agreed to take from the plaintiffs and pay for 500 shares of Rs. 10 each, being the number of qualification shares prescribed for the purpose of holding the office of the director of the plaintiffs. A statement in lieu of prospectus was signed by the defendant on September 11, 1941. This agreement by the defendant to take 500 shares from the plaintiffs was treated by the plaintiffs as an application for the shares and was given a number, being No. 4 shown in their book containing applications for and allotment of sh...
Madanlal Dharnidharka Vs. Commissioner of Income-tax, Bombay City.
Court: Mumbai
Decided on: Mar-22-1948
Reported in: [1948]16ITR227(Bom)
CHAGLA C.J. - This is a reference in respect of the assessment year 1944-45. The assessee was held to be a resident for that year. The previous year or the accounting year in respect of this assessment year was the Maru year 1999-2000 beginning with the 9th of November, 1942. The assessee commenced doing business in Bombay from that date and there was a credit entry in his books of account on that very day for a sum of Rs. 51,000. On the 8th of January, 1943, there was another credit entry for a sum of Rs. 1,50,000. In that year the assessee suffered a loss of Rs. 73,779 in his business which he was carrying on at Indore. The two questions which are submitted for our determination are concerned with these two sums of Rs. 2,01,000 and Rs. 73,779. With regard to the sum of Rs. 2,01,000 the assessees case before the Department was that he was adopted by his uncle many years ago, that his uncle left a large fortune and it was out of this large fortune that this amount was brought into Brit...
Executors of the Estate of J.K. Dubash Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-19-1948
Reported in: (1948)50BOMLR342
M.C. Chagla, C.J.1. The assessees are the executors of the estate of J.K. Dubash who died on April 9, 1942, having made a will prior thereto on April 8, 1942. The executors obtained a probate of the will on August 10, 1942. The testator during his lifetime carried on a business of shipping agents, and the first question that arises on this reference is at what period of time succession to that business took place within the meaning of Section 25(4) of the Indian Income-tax Act.2. The provision in the will with regard to the carrying on of the business is contained in Clause 13 and that directs the executors to carry on the business of the testator as a going concern after his death with power to make fresh contracts and discharge the existing and future liabilities and all other usual and necessary powers unless special circumstances arise which in the opinion of the executors make it expedient to sell the business earlier. This business was to be carried on for a period not exceeding ...
The Commissioner of Income-tax Vs. Dhanmal Chellaram
Court: Mumbai
Decided on: Mar-19-1948
Reported in: AIR1949Bom69; (1948)50BOMLR372
M.C. Chagla, C.J.1. In this case the assessee was served with a notice under Section 22(2) for the assessment year 1939-40 on July 18, 1939, and a notice under Section 22(4) for production of books was served on him on January 6, 1941. With regard to the production of books, extension of time was granted to him until February 25, 1941, when some books were produced but other books were not produced. That assessment was completed on September 22, 1943. For the assessment year 1940-41 notice under Section 22(2) was served on July 20, 1940, and notice under Section 22(4) was issued on February 11, 1941. No books were produced. Assessment was completed on September 22, 1943. For the assessment year 1941-42 a notice under Section 22(2) was served on June 6, 1941, and notice under Section 22(4) was served for production of books on August 11, 1948, Time was extended till August 31, 1943. The assessment was completed on September 22, 1943. Then the assessee applied to the Income-tax Officer u...
Provincial Government, Central Provinces and Berar Vs. Sheikh Idu S/O ...
Court: Mumbai
Decided on: Mar-19-1948
Reported in: 1949CriLJ174
Bose J.1. This judgment will govern Criminal Appeal No. 341 of 1946 and criminal Revisions Nos. 401 of 1947, 774 of 1946 and 460 of 1947.2. Sheikh Idu and eight others were found gambling in a certain house. Proceedings were accordingly instituted against them under Sections 3 and 4, Public Gambling Act, 1867, as amended locally. Sheikh Idu was acquitted under B, 8 in Criminal case No. 29 of 1946. All nine were, how-ever, convicted under Section 4 in criminal case No. 28 of 1946. Of the nine Sheikh Idu alone appealed, In the first Court he had been fined Rs. 100. In appeal this was reduced to Rs. 50.3. These decisions have given rise to the appeal and the revisions now before us. In the appeal the Provincial Government has appealed against the acquittal of Sheikh Idu under Section 8. In the revisions the Provincial Government has filed applications for enhancement first, of the Magistrate's sentence of Rs. 100 fine and secondly of the appellate Court's sentence of Rs. 80. The remaining...
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