Mumbai Court December 1975 Judgments
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Dean and Webber Mill Stores Company Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-11-1975
Reported in: [1977]39STC161(Bom)
Madon, J.1. The facts which have given rise to this reference under section 34(1) of the Bombay Sales Tax Act, 1953, made at the instance of the assessees are that at the relevant time the assessees were carrying on the business of supplying bobbins to textile mills. They were themselves, however, not manufacturers of bobbins but they purchased bobbins from manufacturers of bobbins, including Navjivan Bobbins Industries, who hereinafter for the sake of brevity referred to as 'the manufacturers'. It is not disputed before us that the applicants were, if not the sole purchasers of all bobbins manufactured by the manufacturers, at least one of their biggest customers. For the purpose of manufacturing bobbins the manufacturers used to import certain special type of wood from aboard. One of such foreign suppliers of wood was Nanri Trading Company Limited of Nagoya, Japan (hereinafter referred to as 'the said Japanese suppliers'). One George Wills and Sons (India) Private Limited (hereinafte...
Commissioner of Income-tax Vs. Simmonds Marshall Ltd.
Court: Mumbai
Decided on: Dec-10-1975
Reported in: [1977]106ITR374(Bom)
Vimadalal, J.1. This is a reference at the instance of the Commissioner under section 256(1) of the Income-tax Act, 1961, relating to assessment years 1962-63 and 1963-64. The assessee-company is engaged in the business of manufacture and sale of self-locking nuts used in various industries. It is an industrial undertaking and it is not disputed that, under section 84 of the Income-tax Act, 1961, it is entitled to a rebate of tax on profits not exceeding 6 per cent. annum on the capital employed in the undertaking. For that purpose, the capital employed in an industrial undertaking has to be computed under rule 19 of the Income-tax Rules, 1962, which is in the following terms : '19. Computation of capital employed in an industrial undertaking or a hotel. - (1) For the purpose of section 84, the capital employed in an undertaking or a hotel to which the said section applies shall be taken to be - (a) in the case of assets acquired by purchase and entitled to depreciation - (i) if they h...
Commissioner of Income-tax Vs. Vikram Singh S. Vallabhadas and ors.
Court: Mumbai
Decided on: Dec-10-1975
Reported in: [1978]113ITR605(Bom)
Vimadalal, J.1. This is a reference made at the instance of the Commissioner under section 66(1) of the Indian Income-tax Act, 1922, which relates to the assessment year 1960-61 (accounting year ending March 31, 1960). The four assesses were partners in a firm named, Shoorji Vallabhadas & Co., which was acting as the managing agents of the Malabar Steamship Co. After the transfer of that managing agency to a limited company the said firm had income only from certain investments and dividends, and for assessment years 1952-53 and 1953-54, registration was applied for, but was refused on the ground that after giving up the managing agency, the firm had ceased to carry on business and, therefore, was not entitled to registration. From 1952-53 to 1958-59, the said entity was assessed as association of persons. For the assessment year 1958-59, the department adopted the somewhat unusual course of assessing both the association of persons as well as the individual members thereof, but on the...
Khushal K. Shah Vs. Commissioner of Income-tax, Bombay City-iii
Court: Mumbai
Decided on: Dec-10-1975
Reported in: [1977]109ITR814(Bom)
S.K. Desai, J.1. This reference relates to the assessment of Shri K. K. Shah as the karta of the Hindu undivided family for the assessment years 1955-56 and 1956-57, the relevant previous years for which ended on 31st March, 1955, and 31st March, 1956, respectively. A firm called Gill and Company, consisting of five partners, all Englishmen, was carrying on the business in partnership. On 26th February, 1947, a private limited company by name Gill and Company Ltd. was incorporated, which company had been formed to acquire the business of the partnership firm of cotton brokers and merchants with effect from 1st March, 1947. The assessee is the karta of the Hindu undivided family. The Hindu undivided family held 340 shares of Rs. 500 each in the Gill and Company and the assessee came to be appointed as one of the directors of the said company, the other four directors being four of the five erstwhile partners of the said firm. During the relevant assessment years K. K. Shah received by w...
Sarvaiya and Co. Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-10-1975
Reported in: [1976]38STC86(Bom)
Kania, J.1. This is a reference under section 61(1) of the Bombay Sales Tax Act, 1959, made at the instance of the assessee. The question, which has been referred to us, for our consideration is as follows : 'Whether the claim of the applicant that the true nature of the contract between the applicant and the Western Railway was an indivisible works contract and not contract of sale of goods, has been rightly rejected ?' 2. The facts giving rise to the reference are as follows : The relevant period of assessment is 1st April, 1962, to 31st March, 1963. The assessees were contractors. By a contract dated 14th July, 1961, the assessees agreed to supply and lay two underground cables between Grant Road Sub-Station and Parel Meter House and one cable between Bandra Sub-Station and structure No. 12/12, as set out in the schedule to the contract upon general conditions of the contract and specifications of the Western Railway in conformity with the drawing annexed to the contract. The contra...
Khushal K. Shah, Karta of H.U.F., Bombay Vs. the Commissioner of Incom ...
Court: Mumbai
Decided on: Dec-10-1975
Reported in: (1976)5CTR(Bom)8
S. K. Desai J. - This reference relates to the assessment of Shri K. K. Shah as the Karta of Hindu Undivided Family for the assessment year 1955-56 and 1956-57, the relevant previous years for which ended on 31st March, 1955 and 31st March, 1956 respectively. A firm called Gill and Company consisting of five partners, all Englishmen, was carrying on the business in partnership. On 26th February, 1947 a private limited company by name Gill and Company Ltd. was incorporated, which company had been formed to acquire the business of the partnership firm of cotton brokers and merchants with effect from 1st March, 1947. The assessee is the Karta of Hindu Undivided Family. The Hindu Undivided Family held 340 shares of Rs. 500/- each in the Gill and Company and the assessee came to be appointed as one of the Directors of the said Company, the other four Directors being four of the five erstwhile partners of the said firm. During the relevant assessment years K. K. Shah received by way of salar...
Commissioner of Income-tax Vs. Kothari Auto Parts Manufacturers Pvt. L ...
Court: Mumbai
Decided on: Dec-09-1975
Reported in: [1977]109ITR333(Bom)
S.K. Desai, J.1. This is a reference made by the Income-tax Appellate Tribunal under section 66(1) of Income-tax Act. The reference was made at the instance of the Commissioner. 2. The assessee is private limited company registered on 19th January, 1959. We are concerned with the accounting year 19th January, 1959, to 31st December, 1959. The assessee-company was established mainly to carry on the business of manufacturing and selling spare parts and accessories of motor vehicles. Clauses 10 and 26 of the memorandum of association are the relevant clauses, though as usual under other clauses the company had the power to do each and every kind of business. Clause 10 permitted the company to buy, sell, import, export, manufacture, manipulate, treat, prepare and deal in merchandise, products, substances, commodities, articles and things of all kinds, and clause 26 permitted the company to manufacture and deal in all such stock-in-trade, goods, chattels, etc. The company went into producti...
Commissioner of Income-tax Vs. Trustees of Khimchand Amarchand Trust
Court: Mumbai
Decided on: Dec-09-1975
Reported in: [1978]113ITR185(Bom)
Vimadalal, J.1. This is a reference made to us under section 66(1) of the Indian Income-tax Act, 1922, whereby the following question has been referred to us : 'Whether, on the facts and in the circumstances of the case, capital gains arising out of the sale of Lamington Cinema were liable to be taxed in the hands of the assessees for the assessment year 1960-61 at the maximum rate under the proviso to section 41(1) ?' 2. The short facts necessary for the purpose of disposing of this reference are that one Khimchand Amarchand created a trust by a trust deed dated the September 12, 1944, under which he settled certain properties comprising an open plot of land which had been leased out and on which the lessee had construed a cinema house known as 'Lamington Talkies'. Clause 2 of the deed of trust provided that until the date of the death of the survivor of the settlor and his grandsons, Ashok Sunderlal and Ajit Sunderlal, the trustees were to divide the income of the trust properties in...
United Provinces Commercial Corporation Vs. the State of Maharashtra
Court: Mumbai
Decided on: Dec-09-1975
Reported in: [1976]37STC405(Bom)
ORDERMadon, J.1. This is a reference under section 34(1) of the Bombay Sales Tax Act, 1953, made at the instance of the assessees. When this reference was called out for hearing the applicant-assesses were absent. A question arises as to what we should do with the question of law, which has been submitted to us by the Tribunal in this reference in the case stated by it. Sub-section (5) of section 34 of the said Act provides as follows : 'The High Court upon the hearing of any such case shall decide the question of law raised thereby, and shall deliver its judgment thereon containing the grounds on which such decision is founded, and shall send to the Tribunal a copy of such judgment under the seal of the court and signature of the Registrar, and the Tribunal shall dispose of the case accordingly.' 2. The jurisdiction of the High Court under section 34 of the said Act is an advisory jurisdiction. It may, therefore, appear at the firs blush that when a question of law is referred by the ...
Shankarlal Laxminarayan Rathi Vs. Udaysingh Dinkarrao Rajurkar
Court: Mumbai
Decided on: Dec-09-1975
Reported in: AIR1976Bom237; 1976MhLJ321
ORDER1. Respondent Udaysingh Rajurkar filed an application under Clause 13 (3) (I), (ii), (iii), (iv) and (vi) of the C. P. and Berar Letting of Houses and Rent Control Order, 1949, referred to hereinafter as the Rent Control Order against the present petitioner Shankarlal Rathi. It is an admitted position that petitioner Shankarlal Rathi is a lessee and the property leased out to him is a Cinema theatre and two shops near the main gate and surrounding open land forming Plot No. 12, Sheet No. 27-C of Akola. Initially a Lease-deed was executed on 4th May, 1946, between the parties. It was a registered lease-deed. It seems from the record that in the year 1964 the landlord had filed an application under Clause 13 (3) (vi) of the Rent Control Order against the tenant, but the said application was rejected. Ultimately the matter came to the High Court. However, according to landlord in view of the Full Bench decision of this Court in which it was held that if a person is already in occupat...
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