Mumbai Court March 1970 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
Commissioner of Income-tax, Bombay City I Vs. Western India Oil Distri ...
Court: Mumbai
Decided on: Mar-06-1970
Reported in: [1971]81ITR32(Bom)
Mody, J.1. This is reference under section 66(1) of the Indian Income-tax Act, 1922. 2. The assessee-company owns certain oil installations in Bombay and Madras. Prior to 1939, the income of the assessee was being assessed under section 10 as business income. After 1939, the assessee-company ceased to carry on business but was recovering rent of its installations. During the year 1953, the income from the rent was brought to tax under section 12. During that year, the assessee sold a portion of the oil installation machinery for a sum of Rs. 9,00,000. At that date, the original cost of the machinery sold was Rs. 2,77,401, but its written down value at the beginning of the year was Rs. 48,451. The excess realised over the written down value was Rs. 2,28,950. In the assessment year 1954-55 relating to the accounting year 1953, the Income-tax Officer held that this sum of Rs. 2,28,950 was liable to be included within the assessee's assessable income in view of the provisions of section 12...
Champion Engineering Works Ltd. Vs. Commissioner of Income-tax, Bombay ...
Court: Mumbai
Decided on: Mar-06-1970
Reported in: [1971]81ITR273(Bom)
K.K. Desai, J. 1. In this reference made under section 66 (1) of the Indian Income-tax Act, 1922, the question of law arising for decision is as follows : 'Whether, on the facts and in the circumstances of the case, the payment of Rs. 50,000 made by the assessee-company to Shri P. V. Shah is a capital or a revenue payment ?' 2. The question has arisen under the following circumstances : The assessee is a limited company carrying on business principally of manufacturing and selling umbrella ribs. Prior to July 1, 1954, one P. V. Shah, who is a qualified mechanical and electrical engineer, was employed in the Western Railway. Upon his retirement from the Railways with effect from July 1, 1954, the assessee-company employed this P. V. Shah as its chief executive on a monthly salary of Rs. 2,000 plus entertainment and conveyance allowance of Rs. 400. Under the terms of his employment, he was given liberty to have private practice of consultation, survey, etc. The duration of the employment...
Premier Automobiles Ltd. Vs. Commissioner of Income-tax, Bombay
Court: Mumbai
Decided on: Mar-05-1970
Reported in: [1971]80ITR415(Bom)
Mody, J.1. This is a reference under section 66(1) of the Indian Income-tax Act, 1922. 2. The assessee is a public limited company. The assessment year relevant to this reference is 1956-57, the corresponding accounting year being the year ended on 30th June, 1955. During the accounting year the assessee-company incurred expenditure of Rs. 1,28,401 in connection with the issue of debentures. The loan secured by the debentures was Rs. 50,00,000. The loan was obtained from the Industrial Finance Corporation. To secure the loan a mortgage was created by a debenture trust deed dated the 23rd December, 1953. Under clause 7 and 24 (h) of the debenture trust deed, the assessee-company was under an obligation to use the monies raised by the issue of the debentures for erecting, constructing, reinstating or restoring it buildings or structure and for acquiring or installing plant and machinery required for the business of the assessee-company. The assessee claimed the said sum of Rs. 1,28,401 i...
Shrikant Textiles Vs. Commissioner of Income-tax, Bombay City-ii
Court: Mumbai
Decided on: Mar-05-1970
Reported in: [1971]81ITR222(Bom)
K.K. Desai, J. 1. In this reference under section 66 (1) of the Indian Income-tax Act, 1922, the following question arises for decision : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 14,95,252 or any part thereof can be allowed as expenses of the Samvat Year 2014 ?' The facts appear in the statement of the case. The assessee is a registered firm and carries on business in sale and purchase of cloth. In this case, the assessment year in respect whereof the above question has arisen is 1959-60, the accounting year being S. Y. 2014, i.e., October 24, 1957, to November 11, 1958. It appears that between March, 1956, and December, 1957, the assessee purchased a large quantity of handloom cloth-cotton fabrics manufactured by certain groups of weavers at Sangli, Madhavnagar and Ichalkaranji. The officers of the Central Excise were of the view that the cloth purchased in the above manner was in fact manufactured by the weavers on behalf of the assessee-firm. As ex...
The State of Maharashtra Vs. Baba Joseph
Court: Mumbai
Decided on: Mar-05-1970
Reported in: (1970)72BOMLR830
Bhole, J.1. The State has come here in appeal as well as in revision from an order to acquittal passed by the Judicial Magistrate, First Class, (Fourth Court), Nagpur, against two accused-respondents under Sections 457 and 380 of the Indian Penal Code, The revision application is with a prayer that the sentences inflicted by the learned Magistrate for the offence under Section 414, Indian Penal Code against accused No. 1 and under Section 411, Indian Penal Code on accused No. 2 should be enhanced. They were sentenced to simple imprisonment till the rising of the Court.2. Both the accused were charged with an allegation that they had committed house-breaking by night between April 28, 1967 and April 29, 1967 by entering into a house where some articles of Shardabai were kept. It is alleged that they had committed theft of her articles there. Shardabai's husband who was working in the Mental Hospital at Nagpur had died and, therefore, she had to vacate her husband's premises. She had, th...
Dady R.D. Wadia Vs. Commissioner of Income-tax, Bombay City I
Court: Mumbai
Decided on: Mar-04-1970
Reported in: [1971]81ITR289(Bom)
Mody, J. 1. The facts relating to this reference under section 66(1) of the Indian Income-tax Act, 1922, are few and the question of law raised is simple, as a matter of fact, far too simple. 2. One Rustom D. N. Wadia created a settlement by his will read with one of his three codicils to the will. The material clauses are in the third codicil dated 28th December, 1937. Clause 2(d) and 2(e) of that codicil are the only relevant clauses and they read as under : '2. The executors and trustees appointed by my said will and hereinafter referred to as my trustees shall divide all the rest and residue of my estate wheresoever situate or treat the same as divided into two equal moieties and shall hold the said moieties upon the respective trusts hereinafter declared with regard to the respectively :............... (d) My trustees shall pay the net income of the other of the said moieties to my son, Dady, until his death or until he shall do or suffer any act or thing the effect of which woul...
Dhanrajmal Gobindram and Company Private Ltd. Vs. the State of Maharas ...
Court: Mumbai
Decided on: Mar-04-1970
Reported in: (1970)72BOMLR495; 1970MhLJ873
Vimadalal, J.1. This is an application in revision by the present landlords of a building in the Fort area in Bombay against an order passed by the Presidency Magistrate, 20th Court, Esplanade, Bombay on September 16, 1969 refusing an application made by them to the said Magistrate for stay of criminal proceeding pending the disposal of a civil proceeding adopted by the present respondent No. 2 against them in the Court of Small Causes at Bombay. The facts necessary for the purpose of disposing of this revision application are that respondent No. 2 became the tenant of the third floor premises in the building in question named 'Calcot House' some time in the year 1936 and is at present a statutory tenant thereof. It is the case of respondent No. 2 that the lift in the said building stopped functioning in December 1965 and there was some correspondence in regard to the same between him and the then landlord of the building. The building was purchased by the petitioners in June, 1968 and...
industrial Development and Investment Co. Pvt. Ltd. Vs. Commissioner o ...
Court: Mumbai
Decided on: Mar-03-1970
Reported in: [1971]82ITR642(Bom)
Mody, J.1. This is a reference under section 66(1) of the Indian Income-tax Act, 1922. 2. The assessee is a private limited company. It carries on business as a money-lender and also of an art silk mill. The relevant assessment year is 1956-57, the corresponding accounting year being the year ended on 31st March, 1956. 3. The question of law referred is : 'Whether, on the facts and in the circumstances of this case, the assessee is entitled to a deduction of Rs. 6,15,000 against business income of the relevant accounting year under section 10(1) and/or section 10(2) (xi) of the Indian Income-tax Act ?' 4. One Shamboolal Govindji Jobanputra was carrying one the business of distributing cinema films in the name and style of Sunrich Pictures and of doing publicity in the name and style of Crescent Publicity. He was also the owner of a cinema theatre known as the Kamal Talkies and was carrying on business of exhibiting cinema pictures in that theatre. 5. By an agreement dated 18th October,...
The State of Maharashtra Vs. Kalabai Nathuji Rajurkar
Court: Mumbai
Decided on: Mar-03-1970
Reported in: (1970)72BOMLR899
Bhole, J.1. This is a reference by the Additional District Magistrate, Akola, recommending that the order of the Sub-Divisional Magistrate in Section 145, Criminal Procedure Code proceedings is vitiated by non-consideration of the affidavit evidence and that he misdirected himself to come to a conclusion on the basis of evidence not legally tendered.2. There was a dispute between the two parties in village Risod, district Akola. The subject-matter of the dispute was pardi land adjoining this village admeasuring 1 acre, 19 gunthas with a well. Irrigation crops were grown on this land. This land is owned by one Vithalrao Deshmukh. It was leased out to one Nathuji who was in possession till August 18, 1967 when he died. He left his wife Kalabai and his son Rambhau as his successors. They were in possession after the death of Nathuji. A quarrel was started by one Sambhaji who is party No. 2 by claiming possession of this pardi land. His claim is that he was in possession from a date prior ...
- ‹ Prev
- 1
- 2
- Next ›