Mumbai Court March 1974 Judgments
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Baldevdas R. Raheja Vs. the Union of India (Uoi)
Court: Mumbai
Decided on: Mar-20-1974
Reported in: (1977)79BOMLR581
Rege, J.1. This is a petition by certain shareholders of the National Rayon Corporation Limited (respondent No. 7) for a writ of mandamus for withdrawing or cancelling the order dated June 25, 1973 made by the Company Law Board (respondent No. 2) appointing respondents Nos. 5 and 6 as Government Directors for one year from June 30, 1973 on the Board of Directors of respondent No. 7 company and for declaring the same to be void and inoperative. They have also asked for a further writ in the nature of certiorari for quashing the said impugned order and also for a declaration that certain directors mentioned in prayer (c) had been duly elected at the annual general meeting of respondent No. 7 company held on May 11, 1973 and that they were entitled to act as Directors of respondent No. 7 company.2. The short facts leading to this petition may be stated as follows:3. Respondent No. 7 company, namely, the National Rayon Corporation Ltd., was incorporated in 1946. The present subscribed shar...
Commissioner of Income-tax, Bombay City-iii Vs. Khushalbhai Patel and ...
Court: Mumbai
Decided on: Mar-19-1974
Reported in: [1979]118ITR656(Bom)
Talzapurkar, J. 1. This is a reference under s. 66(1) of the Indian I.T. Act, 1922, and at the instance of the Commissioner of Income-tax, Bombay City-III, Bombay, the following question has been referred to us for our opinion : 'Whether, on the facts and in the circumstances of the case, the amount of Rs. 3 lakhs or any part of it receivable by the assessee under the consent terms dated 21-6-1956 was a revenue receipt chargeable to income-tax for the assessment year 1957-58 ?' 2. The facts leading to this question may be stated : The question relates to the assessment year 1957-58, the corresponding previous year being Samvat year 2012. The assessee is a registered firm constituted under a deed of partnership was that of exporters, importers and commission agents and such other business or venture or venture or ventures as might from time to time be determined by the partners. The assessee-firm entered into two finance agreement with the Western India Oil Distributing Co. Ltd. (herein...
Commissioner of Income-tax Vs. Elphinstone Spinning and Weaving Mills ...
Court: Mumbai
Decided on: Mar-19-1974
Reported in: [1975]100ITR139(Bom)
Kantawala, C.J.1. This reference relates to claims for deduction of the amount of expenses incurred by the assessee-company in making changes in its memorandum and article of association, the amount donated by the assessee-company to the Bombay Provincial Congress Committee and the amount paid by the assessee-company on account of wealth-tax debited to the profit and loss account for the year ending December 31, 1957. These claims for deduction relate to the assessment year 1958-59 for which the corresponding previous year is calendar year 1957. During the previous year a sum of Rs. 2,426 was incurred as expenditure by the assess-company in altering its memorandum and articles of association. Such alteration became necessary in view of compliance with the provisions of the Companies Act, 1956. A donation of Rs. 21,000 was made to the bombay Provincial Congress Committee. The memorandum of association of the company authorised such donation or contribution to be made for political purpo...
Rambhuwal Thakar Prasad Vs. Phoenix Mills
Court: Mumbai
Decided on: Mar-19-1974
Reported in: (1976)ILLJ93Bom
P.B. Sawant1. This is a petition under Art. 227 of the Constitution of India challenging the order dated 24-3-1970 passed by the Industrial Court, Maharashtra in Appeal (IC) No. 82 of 1969 under the Bombay Industrial Relations Act, 1946 (hereinafter referred to as the said Act.). Briefly the facts leading to this petition are as follows : 2. The petitioner was employed as a weaver, from the year 1960, with the respondent-Textile Mills. On an application made for leave for 30 days, the petitioner was granted leave from 16-8-1967 to 15-9-1967. The petitioner thereafter proceeded to his native place. The petitioner enjoyed the leave at his native place and thereafter by his letter dated 14-9-1967 he applied for extension of leave for about 20 days. Along with the application for extension of leave the petitioner had sent a medical certificate of one Dr. Singh to the effect that the petitioner was suffering from jaundice. The said application for extension of leave was received by the firs...
Commissioner of Income-tax, Bombay City-ii Vs. Bai Savitagouri and ors ...
Court: Mumbai
Decided on: Mar-18-1974
Reported in: [1975]100ITR680(Bom)
Tulzapurkar, J.1. This is a reference under section 66 (1) of the Indian Income-tax Act, 1922, and at the instance of the Commissioner of Income-tax, Bombay City II, Bombay, the following question has been refereed to us for our opinion : 'Whether, on facts and in the circumstances of the case, could it be said that the Income-tax Officer had validly reopened the assessment for the assessment year 1957-58 under section 34 (1) (b) ?' 2. The short facts giving rise to this question may be stated : The question relates to the assessment year 1957-58, the accounting year of which was the year which ended on 31st January, 1957. One Maganlal Dahyabhai left will dated 5th July, 1943, in respect of his estate under which he appointed his wife, Smt. Savitagouri, and three others as executors and trustees to manage the estate and to administer it till the residue was handed over to the beneficiaries mentioned therein. The sources of income for the estate were property income, interest on securit...
Gram Seva Mandal, Wardha Vs. the Collector, Wardha and ors.
Court: Mumbai
Decided on: Mar-18-1974
Reported in: AIR1975Bom73; 1974MhLJ977
1. The appellant is a public trust who owned field Survey No. 70/3. area 4.92 acres of mouza Anji (Mothi). Under the provisions of the land Acquisition Act, 1894, after issue of notification with respect to 3-00 acres land out of the Survey Number in question, the land Acquisition Officer, Wardha, made an award on February 25, 1963. By that award, he fixed Rs. 3,852. 50p. including solatium as the compensation. 2. On April 20, 1963, the present appellant filed an application under Section 18 before the collector for making a reference. The appellant claimed a further sum of Rs. 3,647.50 as additional compensation . In that application, he alleged that he came to know of the award that he came to know of the award on March 4, 1963 and after receiving the copy, the application was made,. The Collector made a reference entertaining that application, which was tried by the Court of Civil Judge, Senior Division, wardha. Before the said Court, the respondent State raised amongst others the p...
Commissioner of Income-tax Vs. Naraindas Dwarkadas
Court: Mumbai
Decided on: Mar-17-1974
Reported in: [1976]102ITR767(Bom)
Kantawala, C.J. 1. This reference is made at the instance of the revenue under section 66(1) of the Indian Income-tax Act, 1922 (hereinafter referred to as 'the Act'). The question of law referred for our determination is whether, on the facts and in the circumstances of the case, could it be said that the Income-tax Officer had validly reopened the assessments of the firm, M/s. Naraindas Dwarkadas, for the assessment years 1951-52 and 1952-53. 2. As the question shows, the reference relates to the assessment years 1951-52 and 1952-53, for which the relevant previous years are Samvat years 2006 and 2007. The partnership-firm of Messrs. Naraindas Dwarkadas consists of three partners, one of the partners being Bhagwandas Naraindas. The sources of income of Bhagwandas Naraindas during the relevant years were two : (1) his individuals share income from the firm of Messrs. Naraindas Dwarkadas, and (2) dividends. For the assessment years 1951-52 and 1952-53, Bhagwandas filed returns of his p...
Commissioner of Income-tax, New Delhi Vs. East West Import and Export ...
Court: Mumbai
Decided on: Mar-16-1974
Reported in: [1975]100ITR458(Bom)
Tulzapurkar, J.1. The following question has been referred to us for our opinion under section 66 (1) of the Indian Income-tax Act, 1922, at the instance of the Commissioner of Income-tax, New Delhi : 'Whether, on the facts and in the circumstances of the case, the assessee-company could not be held to be a company in which the public were substantially interested within the meaning of the Explanation to section 23A (1) by reason of the fact that the shares of the company carrying not less than twenty five per cent. of its voting power were not, in fact, freely transferable by holders to other members of the public for a large part of the previous year even though they were freely transferable as at the end of the previous year ?' 2. The assessee is Messrs. East West Import & Export Private Ltd., now known as Asian Distributors Ltd. The assessment year in question is 1951-52, the corresponding previous year being the one ended on 31 of March 1951, and the question that arises is whethe...
H.B. Munshi, Commissioner of Sales Tax, Bombay and anr. Vs. the Orient ...
Court: Mumbai
Decided on: Mar-16-1974
Reported in: [1974]34STC113(Bom)
Tulzapurkar, J.1. This appeal has been preferred by the Commissioner of Sales Tax, Bombay, and another against the judgment and order of Vimadalal, J., dated 11th April, 1972, whereby the learned Judge quashed and set aside the revisional orders of the Commissioner and two notices of demand issued by the 2nd respondent (Sales Tax Officer, A Ward) and further restrained and prohibited the two respondents (Commissioner of Sales Tax, Bombay, and Sales Tax Officer, A Ward), their officers, servants and agents from taking any steps or proceedings in enforcement, furtherance, pursuance or implementation of the said revisional orders and the said notices of demand. 2. The short facts leading to the filing of Misc. Petition No. 53 of 1967 by the Oriental Rubber Industries Pvt. Ltd. (original petitioner) may be stated : The petitioner-company, at all material times, carried on the business of manufacturing rubber beltings and was registered as a dealer under the Bombay Sales Tax Act, 1959 (here...
Commissioner of Income-tax, Bombay City-i Vs. Colour-chem Ltd.
Court: Mumbai
Decided on: Mar-15-1974
Reported in: [1977]106ITR323(Bom)
Tulzapurkar, J. 1. Two questions have been referred to this court under section 66(1) of the Indian Income-tax Act, 1922, for our determination and these are as follows : '(1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the roadways inside the factory premises of the assessee-company come in the category of 'building' and as such are entitled to depreciation under section 10(2)(vi) of the Indian Income-tax Act, 1922 (2) If the answer to question No. 1 is in negative, whether, on the facts and in the circumstances of the case, the roadways in the factory premises would be entitled to depreciation as 'plant' under section 10(2)(vi) of the Act 2. The short facts leading to these question may be stated : The question relate to the assessment year 1961-62, the corresponding accounting period being the one ended on 31st March, 1961. The assessee is a public limited company carrying on business in the manufacture and sale of pigments...
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