Mumbai Court December 1973 Judgments
Commissioner of Income-tax, Bombay City Ii Vs. Gordhandas K. Vora
Court: Mumbai
Decided on: Dec-21-1973
Reported in: [1974]96ITR50(Bom)
Desai, J. 1. This is a reference by the Income-tax Appellate Tribunal, Bombay Bench 'C', under section 66(1) of the Indian Income-tax Act, 1922. The reference arises out of the assessment proceedings under the Indian Income-tax Act for the assessment years 1957-58 and 1958-59, the relevant account years being Samvat years 2012 and 2013. Necessary facts material for the purpose of this reference are as follows : The assessee is one Gordhandas K. Vora who is the only son of one Kishandas Vora and a grandson of one Sir Manmohandas Ramji, sir Manmohandas had three sons, Kishandas, Narandas and Bhagwandas. During his lifetime Manmohandas gifted to his son, Kishandas, shares of several companies. Kishandas died intestate in 1930 and on his death his son Gordhandas inherited those shares; they became ancestral property in his hands. A son was born to Gordhandas in 1953. It is the agreed position that the property that Gordhandas inherited in this manner from his father, Kishandas, was ancestr...
Tag this Judgment!Commissioner of Gift-tax, Bombay City I Vs. R.B. Kamdin
Court: Mumbai
Decided on: Dec-17-1973
Reported in: [1974]95ITR476(Bom)
Vimadalal, J. 1. This is a reference arising out of proceedings under the Gift-tax Act, 1958, relating to the assessment of the respondent for the year 1958-59, the corresponding accounting period being the year ended 31st March, 1958. By a deed of trust dated 4th July, 1957, the assessee settled certain property upon the trusts specified in the document. It is necessary for me to refer only to clauses 2, 3 and 15 of that trust deed. Clause 2 of the trust deed provided that the trustees, of whom the settlor himself was one, were to pay the net income of the trust properties to the settlor during his lifetime and, after his death, to the settlor's wife, Freny, for her lifetime. Clause 3 of the trust deed provided that, after the death of the settlor and his wife, the said Freny, the trustees were to hold the trust funds in trust for such persons, objects and purposes and institutions as the settlor might, by deed or will, appoint and in default of such appointment, in trust for such cha...
Tag this Judgment!Nandlal Topandas Vs. R.K. Joshi
Court: Mumbai
Decided on: Dec-17-1973
Reported in: (1974)76BOMLR703
Nathwani, J.1. These three petitions filed by tenants under Article 227 of the Constitution of India raise a common question of interpretation of Section 12(3)(a) of the Bombay Rents, Hotel and Lodging House Bates Control Act, 1947 (hereinafter referred to as the Act) and are disposed of by one common judgment.2. The petitioners are monthly tenants of one Mohanlal Sitaram Ladha (hereinafter referred to as the landlord) in respect of different portions of House No. 398-A, situate at Poona. It is not in dispute before us that all the three tenants were in arrears of rent for a period of six months or more and were served by the landlord with a notice terminating their tenancy and calling upon them to pay the arrears of rent and that the tenants made part-payments to the landlord within a month of the service of notice so as to reduce the arrears of rent to less than six months. Thereafter the landlord filed ejectment suits against the tenants in the Small Cause Court, Poona, on the groun...
Tag this Judgment!J.M. Shah Vs. J.M. Bhatia, Appellate Assistant Commissioner of Wealth- ...
Court: Mumbai
Decided on: Dec-12-1973
Reported in: [1974]94ITR519(Bom)
Vimadalal, J.1. This is a petition under article 226 of the Constitution seeking a writ in the nature of certiorari to quash and set aside an order of rectification of a wealth-tax assessment passed by the Appellate Assistant Commissioner of Wealth-tax (respondent No. 1) on the 22nd of February, 1972, pursuant to the amendment effected in section 5(1)(viii) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'), by the Finance (No. 2) Act, 1971 (Act No. 32 of 1971) as well as for a writ in the nature of prohibition and/or mandamus restraining the respondents from taking any further steps or proceedings for recovery of the tax on jewellery and ornaments in enforcement of the said rectification order dated 22nd February, 1972. 2. The petitioner is a lady who was assessed by the Wealth-tax Officer for the assessment year 1969-70 to Wealth-tax on the total wealth of Rs. 6,07,690, including jewellery and ornaments of the value of Rs. 4,15,942 by the assessment order dated 11th F...
Tag this Judgment!The State of Maharashtra Vs. R.S. Thakkar
Court: Mumbai
Decided on: Dec-12-1973
Reported in: (1974)76BOMLR413
Masodkar, J.1. This appeal has been filed by the State against the acquittal of the non-applicants accused under the provisions of Section 16(1) read with Section 7(1) of the Prevention of Food Adulteration Act, 1954. The allegations against the accused were that accused No. 1 was a licensee and a partner of an eating house named Cafe Thakkar located in Port area, Bombay. Accused No. 2 was1 the servant in the shop. On September 18, 1970 at about 11.30 a.m Food Inspector, Ramchandra Rajaram Kumar purchased for analysis 600 grams of curd and sent one part thereof following the procedure by adding formalin, for analysis. The prosecution alleged that the report of the public analyst found that the sample contained 16.7 per cent, of fat deficiency. On receipt of this report the steps to prosecute the present accused were taken.2. The defence of the accused had been of denial including that such curd was not sold by him. The learned Magistrate has accepted the evidence of the Food Inspector ...
Tag this Judgment!Trustees of K.B.H.M. Bhiwandiwalla Trust Vs. Commissioner of Wealth-ta ...
Court: Mumbai
Decided on: Dec-06-1973
Reported in: [1977]106ITR709(Bom)
Desai, J.1. This is a reference under section 27(1) of the Wealth-tax Act, 1957, made by the Income-tax Appellate Tribunal, Bombay Bench 'B'. The following two question have been referred to the High Court by the said reference :'(1) Whether, on the facts and in the circumstances of the case, the Wealth-tax Act is applicable to the trustees functioning under annexure 'A' ? (2) Whether on a proper construction of annexure 'A' the trust is exempt partially or wholly ?' 2. The assessees before us are the trustees of Khan Bahadur H. M. Bhiwandiwalla Trust.3. Counsel on both sides are agreed that the answer to the first question is concluded by the decision of the Supreme Court in Trustees of Gordhandas Govindram Family Charity Trust v. Commissioner of Income-tax : [1973]88ITR47(SC) and that in accordance with the said decision the said question must be answered in the affirmative and in favour of the revenue.4. In order to appreciate the point involved in the second question, a few facts m...
Tag this Judgment!Commissioner of Wealth-tax, Bombay City I Vs. Arvindprasad N. Mafatlal
Court: Mumbai
Decided on: Dec-05-1973
Reported in: [1975]98ITR287(Bom)
Vimadalal, J.1. The facts giving rise to this reference are quite simple. The assessment year in question is 1960-61, and the corresponding valuation date within the terms of the Wealth-tax Act, 1957, is the 31st of March, 1960. The assessee by a trust deed dated the 23rd of March, 1960, transferred 500 shares of the Surat Cotton Spinning and Weaving Co. Ltd. to trustees upon the trusts set out therein. The first recital to the trust deed stated that the settlor was desirous of setting the shares in question for the benefit of his daughter, Maithili, and her issue and in certain events for the benefit of his other children and their issue in the manner and subject to what was provided in the said deed. The material portion of the operative part of the said document provided that the trust property was to be held upon the following trusts : 'A. Until the end of calendar year 1963 to accumulate the whole residue of such income of the trust fund and invest the same and the resulting incom...
Tag this Judgment!New Kaiser-i-hind Spg. and Wvg. Co. Ltd. Vs. Commissioner of Income-ta ...
Court: Mumbai
Decided on: Dec-04-1973
Reported in: [1977]107ITR760(Bom)
Vimadalal, J. 1. The facts giving rise to this reference, which relates to assessment years 1947-48 and 1950-51, are that for these assessment years, original assessments were made on the assessee-company (now in liquidation) on February 20, 1950, and February 29, 1952, respectively. In those assessments, the Income-tax Officer allowed the claim of the assessee to deduct interest payable to M/s. Vussonjee Munjee & Co. Pvt. Ltd., who were formerly the managing agents of the said company. Subsequently, in the assessment for the year 1951-52, however, the Tribunal held that the claim for deduction of interest payable by the assessee-company to the said M/s. Vussonjee Munjee & Co. Pvt. Ltd., was not a permissible deduction in computing the assessee-company's business profit under section 10. 2. In the meantime, in respect of some other items, the Income-tax Officer was satisfied that there was sufficient justification for reopening the assessment for the assessment years 1947-48 and 1950-5...
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