Mumbai Court November 1975 Judgments
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Commissioner of Sales Tax Vs. Gramodyog JaIn Society Ltd.
Court: Mumbai
Decided on: Nov-19-1975
Reported in: [1976]37STC328(Bom)
Kania, J.1. This is a reference, made at the instance of the Department, under section 23(1) of the C.P. and Berar Sales Tax Act, 1947. The question referred to us for our consideration is as follows : 'Having regard to the established principle of law that the books of accounts for the whole accounting year can be rejected if the accounts for a part of the year are unreliable, was the Tribunal on the facts and in the circumstances of the case justified in law in holding that no best judgment assessment could be made in respect of the part of the accounting year which pertains to the period subsequent to the date of the visit by the Sales Tax Officer to the respondent's place of business ?' 2. The facts giving rise to this reference are follows : The assessees were dealers in kiranas, oil, grain, cloth, cereals and other commodities. The relevant year of assessment was from 24-10-1957 to 11-11-1958. On 20th February, 1958 the Sales Tax Officer paid a visit to the premises of the assess...
Commissioner of Gift-tax, Bombay City Ii Vs. Lalita B. Shah
Court: Mumbai
Decided on: Nov-18-1975
Reported in: [1979]118ITR794(Bom)
Desai, J.1. This is a reference by the Income-tax Appellate Tribunal, Bombay Bench 'C', Bombay, under s. 26(1) of the G.T. Act, 1958. The question referred to us by the Tribunal, to be found in para. 8 of the statement of case, reads as follows : 'Whether, on the facts and in the circumstances of the case, and on a proper interpretation of section 2(xxiv) and/or section 4(a) of the Gift-tax Act, there was a 'transfer of property' and, consequently, a 'gift' under annexure 'A' so as to come within the scope of the liability to tax under that Act ?' 2. As a result of the discussion at the bar, we formed the opinion that the question referred to us be reframed and split up into two questions as follows : '(1) Whether, on the facts and in the circumstances of the case, and on a proper interpretation of section 2(xxiv) of the Gift-tax Act, there was a 'transfer of property' in respect of 40% of the goodwill of the sole proprietary concern of the assessee to the assessee's son, Virendra as a...
The Commissioner of Sales Tax Vs. Khimji Velji and Co.
Court: Mumbai
Decided on: Nov-18-1975
Reported in: [1978]41STC71(Bom)
Madon, J.1. The facts which have given rise to this Reference under section 34(1) of the Bombay Sales Tax Act, 1953 so far as relevant to this Reference, are that the Respondents are registered as dealers under the said Act. During the course of their business the Respondents purchased wooden logs from unregistered dealers and cut them into planks of varying thickness and dimensions according to the specific requirements of their customers. In respect of the sales made by them to their customers they paid sales tax to the Government during the assessment periods April 1, 1957 to March 31 and April 1, 1958 to March 31, 1959. 2. While these assessment proceedings were pending, the Sales Tax Officer, B Ward, Unit 1, Bombay, who was seized of these proceedings, raised a contention that the Respondents, in converting wooden logs into planks, were manufacturing planks and were not reselling the goods bought by them from unregistered dealers to other dealers, and were, therefore, liable to pa...
Commissioner of Income-tax Bombay City-iii, Bombay Vs. B.M. Crover
Court: Mumbai
Decided on: Nov-17-1975
Reported in: [1978]115ITR885(Bom)
Deai, J.1. In our opinion, the rule must stand discharged. 2. Mr. Joshi has submitted that an arguable question of law arises inasmuch as the point has been decided in favour of the department by the judgment of the Gujarat High Court in Addl. CIT v. Cloth Traders (p.) Ltd. : [1974]97ITR140(Guj) . It is, however, to be appreciated that the Division Bench of the Gujarat High Court in that decision was dealing with s. 85A (as it them stood) of the I.T. Act, 1961, the language of which materially differs from the two sections which we are considering, viz., ss. 80K and 80L, of the said Act. As the observations of the Gujarat High Court indicate, considerable reliance has been placed on the second part of s. 85A which contemplated the rate of tax which is chargeable on total income. Such wording is not to be found in the two sections under our consideration (ss. 80K and 80L) which allow for a straight deduction. 3. In our view the language of the two sections which were considered by the T...
Vasanji Ghela and Co. Vs. Commissioner of Sales Tax
Court: Mumbai
Decided on: Nov-17-1975
Reported in: (1976)5CTR(Bom)64; [1977]40STC544(Bom)
Kania, J.1. This is a reference under section 34(3) of the Bombay Sales Tax Act, 1953. The question referred to us for our consideration is as follows : 'Whether the finding that the sales made to Messrs. Keshavji Hirji are not genuine is contrary to the rules of natural justice, arbitrary, perverse and illegal ?' 2. The facts giving rise to this reference are as follows : The applicants were registered under the Bombay Sales Tax Act, 1946, as well as under the Bombay Sales Tax Act, 1953, and were carrying on business as grocery and kirana merchants at the relevant time. The period of assessment is from 1st April, 1950, to 31st October, 1952. The applicants were assessed under section 11(2) of the Bombay Sales Tax Act, 1946, by the Sales Tax Officer, B Ward, Bombay, who pointed out, in his assessment order dated 20th August, 1953, that the actual sales by the applicants to the registered dealers were claimed at Rs. 87,47,904-13-6 and held that, out of these sales, sales worth Rs. 18,27...
The Commissioner of Income-tax, Bombay City Iii, Bombay Vs. B. M. Grov ...
Court: Mumbai
Decided on: Nov-17-1975
Reported in: (1976)5CTR(Bom)5
Desai J. - In our opinion, the Rule must stand discharged.2. Mr. Joshi has submitted that an arguable question of law arises inasmuch as the point has been decided in favour of the Department by the judgment of the Gujarat High Court in Additional Commissioner of Income-tax, Gujarat vs . Cloth Traders (P.) Ltd., : [1974]97ITR140(Guj) . It is, however, to be appreciated that the Division Bench of the Gujarat High Court in that decision was dealing with Section 85A (as it then stood) of the Income-tax Act, 1961, the language of which materially differs from the two sections which we are considering viz. sections 80K and 80L of the said Act. As the observations of the Gujarat High Court indicate, considerable reliance has been placed on the second part of the section (85 A), which contemplates the rate of tax which is chargeable on total income. Such wording is not to be found in the two sections under our consideration (80k and 80L) which allow for a straight deduction.3. In our view the...
M/S. Vasanji Ghela and Co. Vs. Commissioner of Sales Tax, Bombay.
Court: Mumbai
Decided on: Nov-17-1975
Reported in: (1976)5CTR(Bom)0064A
Kania J. - This is a reference under section 34(3) of the Bombay Sales Tax Act, 1953. The question referred to us for our consideration is as follows :'Whether the finding that the sales made to M/s. Keshavji Hirji are not genuine is contrary to the rules of natural justice, arbitrary, perverse and illegal'.2. The facts giving rise to this reference are as follows : The applicants were registered under the Bombay Sales Tax Act, 1946, as well as under the Bombay Sales Tax Act, 1953 and were carrying on business as grocery and kirana merchants at the relevant time. The period of assessment is from 1st April 1950 to 31st October 1952. The applicants were assessed under section 11 (2) of the Bombay Sales Tax Act 1946, by the Sales Tax Officer, B Ward, Bombay, who pointed out in his assessment order dated 20th August 1953, that the actual sales by the applicants to the registered dealers were claimed at Rs. 22,87,904-13-6 and held that out of these sales, sales worth Rs. 18,27,053-3-6 could...
Shardaben Jayantilal Mulji and Others. Vs. Commissioner of Wealth-tax
Court: Mumbai
Decided on: Nov-14-1975
Reported in: [1977]106ITR667(Bom)
Vimadalal, J.1. This is a reference made at the instance of the assessee which relates to assessment years 1960-61 and 1961-62, the valuation dates being 31st March 1960, and 31st March 1961. The question that has been referred to us is as follows : 'Whether, on the facts and in the circumstances of the case, the sum of Rs. 53,549 and Rs. 53,225 or any part thereof, have been rightly included in the 'net wealth' of the applicant under Section 4(1)(a)(iii) of the Wealth-tax Act ?' 2. The short facts necessary for the purposes of disposing of the reference are that the settlor created two trusts by entrusting certain shares to the trustees, in respect of which the trustees executed two declaration of trust, which are almost in identical terms, and are both dated the 30th March, 1960. Under the said declarations of trust, one of which related to the settlor's minor daughter, Bharati, and the other to the settlor's minor daughter, Arti, the trustees declared that they held the said shares ...
Nepoleon Fernandes Vs. the Union of India
Court: Mumbai
Decided on: Nov-14-1975
Reported in: (1976)78BOMLR337; 1976MhLJ888
Mukhi, J.1. Benedict Belchour Fernandes, the appellant-plaintiff's son, was an. engine driver in the employment of the Central Railway, posted at Bhusawal Division. On January 5, 1963 he received injuries while driving a goods train (P-20Up) from Itarsi to Bhusawal. He was given first aid, and then removed to a, hospital, but on the very nest day, as the direct result of the injuries so received by him, he died.2. There is no dispute that the said Benedict Belchour Fernandes (hereinafter referred to as the deceased) died during the course of his employment with the Central Railways and that he died as the result of the injuries received by him while he was driving his goods train from Itarsi to Bhusawal. At the time of the fatal accident he left behind him his father, mother, and a wife whom he had married only a few months earlier. It is on record that a son was born to the deceased posthumously.3. The appellant Nepoleon Fernandes (hereinafter referred to as 'the plaintiff') who is th...
Commissioner of Wealth-tax Vs. K.J. Somaiya Trust
Court: Mumbai
Decided on: Nov-13-1975
Reported in: [1977]109ITR798(Bom)
Vimadalal, J.1. This is a reference made at the instance of the Commissioner in which the only question that arises is, whether the assessment on the trustees should be made under section 21(1) or under section 21(4) of the Wealth-tax Act, 1957. The trust deed in the present case, which is dated the 6th of January, 1955, is a very complicated document providing for various life interests and other interests. It may be mentioned that there was initially a deed of settlement dated the 15th of December, 1948, in respect of 4,000 shares of Godavari Sugar Mills Ltd., under clause 9 of which it was provided that the said trust deed was to be irrevocable for a period of six years and five days. 12,000 bonus shares were issued by the Godavari Sugar Mills Ltd., and in exercise of the powers reserved to him under the said deed of settlement dated the 15th of December, 1948, the settlor revoked the provisions of sub-clauses (b), (c), (d), (e), (f), (g) and (h) of clause 2 of the said deed of sett...
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