Mumbai Court January 1979 Judgments
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Bhodilal Menghraj and Co. P. Ltd. Vs. Commissioner of Income-tax, Bomb ...
Court: Mumbai
Decided on: Jan-31-1979
Reported in: [1979]119ITR968(Bom); [1979]1TAXMAN286(Bom)
Desai, J.1. The following question of law has been referred to us in this reference by the Income-tax Appellate Tribunal at the instance of the assessee under s. 256(1) of the I. T. Act, 1961 : 'Whether, on the facts and in the circumstances of the case, in computing the income of the company the sum of Rs. 92,400 is deductible ?' 2. A few facts may be stated : 3. We are concerned in this reference with the assessment year 1962-63, for which the accounting year is the year ending on March 31, 1962. The assessee is a limited company, which was formerly acting as the managing agents of Shreeram Mills. The assessee-company thereafter established a factory for manufacturing tools under the trade name of Hansa Tools, which factory went into production in August, 1961. The factory was at Udhna in Surat District (State of Gujarat). the assessee-company had earlier approached the Gujarat Electricity Supply Board for getting power supply, and on 14th July, 1960, the board communicated to the co...
Commissioner of Income-tax, Bombay City-ii Vs. W.i.A.A. Club Ltd.
Court: Mumbai
Decided on: Jan-31-1979
Reported in: [1982]136ITR569(Bom); [1979]2TAXMAN57(Bom)
Chandurkar, J.1. In this reference, which is made at the instance of the revenue, the assessee is a club which was incorporated under the Indian Companies Act on September 10, 1947. It is not now in dispute, and indeed it has been so stated in the statement of the case, that the assessee-club has been held to be a trading company. This was held in appeal before the Tribunal arising out of the assessment for the assessment years 1955-56 to 1959-60. The assessment years in question are assessment years 1963-64 and 1964-65. The categories of members of the assessee-club are; (1) honorary members, (2) life members, (3) ordinary members, (4) temporary members, (5) service members, and (6) associate members. Under the articles of association of the club entrance fees are payable by life members and ordinary members of such respective amount as may from time to time be determined by the executive committee. During the assessment years in question the entrance fees for life members was Rs. 2,5...
D.S. Rege Vs. the Municipal Corporation of Greater Bombay and anr.
Court: Mumbai
Decided on: Jan-30-1979
Reported in: AIR1979Bom311
ORDER1. There are provisions in the Bombay Municipal Corporation Act, 1888, (hereinafter called 'the Act') for the acquisition of lands for the prescription of the regular line of a public street. The principal question that I must answer in this petition is, do these provisions transgress the constitutional guarantee of equality?2. On or about 26th October 1967 a public notice was signed by the Municipal Commissioner intimating that, pursuant to the provisions of Section 291 (b) of the Act, it was proposed to prescribe a fresh line in substitution of the existing regular line of the public street known as Linking Road between Turner Road, Bandra and Juhu Road, Santacruz. It called for objections and representations in respect of the proposal. It appeared in the newspapers and was pasted at several points along the said road. On 1st June 1968 the Municipal Commissioner wrote a letter tothe first respondents' Works Committee (Suburbs), the subject whereof was the revision of the regular...
Commissioner of Income-tax, Bombay City-i Vs. Caltex Oil Refining (Ind ...
Court: Mumbai
Decided on: Jan-30-1979
Reported in: [1979]119ITR216(Bom); [1979]1TAXMAN284(Bom)
Chandurkar J.1. In the assessment of the assessee for the assessment year 1962-63, the relevant accounting period being the year ending 31st December, 1961, the assessee-company had claimed a development rebate of Rs. 1,28,415. In the profit and loss account of the assessee-company, the amount debited to the development rebate reserve was Rs. 96,722, but the actual appropriation of the profit for the said year was only to the extent of Rs. 63,516 because there was an excess provision for the previous year to the extent of Rs. 33,206. Before the ITO, the contention of the assessee was that the excess provision for the earlier year should be taken into account while considering the development reserve created for the assessment year 1962-63. The ITO, however, proceeded to determine the development rebate on the footing that a reserve in the sum of Rs. 63,516 only was created. He, therefore, allowed a proportionate amount of development rebate to the extent of Rs. 84,689. 2. The appeal fi...
Commissioner of Income-tax, Poona Vs. S.V. Nashte
Court: Mumbai
Decided on: Jan-30-1979
Reported in: [1979]119ITR130(Bom); [1979]1TAXMAN429(Bom)
Chandurkar, J. 1. A firm by name Messrs. V. L. Nashte & Co. was constituted under an instrument of partnership dated 25th November, 1960, with five partners, that is, the assessee in this case and his four major sons. Three minor sons of the assessee, namely, A. S. Nashte, R. S. Nashte and K. S. Nashte, were admitted to the benefits of the partnership. Under clause 5 of the deed of partnership dated 21st January, 1955, the two minor sons, A. S. Nashte and R. S. Nashte, contributed a capital of Rs. 42,753. By a subsequent deed dated 24th October, 1957, the assessee's other minor son, K. S. Nashte, was admitted to the benefits of the partnership and be had contributed a capital of Rs. 25,000 as provided in clause 3 of the partnership deed. It is common ground that the capital contributions made by the three minor sons of the assessee came out of the assets received by them on a partial partition of their HUF property. By a letter dated 1st of November, 1958, written by the assessee in hi...
Commissioner of Income-tax, Bombay City-iii Vs. Banque Nationale De-pa ...
Court: Mumbai
Decided on: Jan-30-1979
Reported in: [1981]130ITR534(Bom); [1979]1TAXMAN299(Bom)
Desai, J.1. Two questions of law stand referred to us in this reference which is at the instance of the commissioner under s. 256(1) of the I. T. Act, 1961. The assessee before us is M/s. Banque Nationale De-Paris (hereinafter referred to as 'the French bank' for the sake of brevity). The said bank is a non-resident company and, admittedly, it had not made the prescribed arrangements for the declaration and payment of dividends within India. We are concerned with the assessment year 1963-64, the relevant previous year for the assessee being the calendar year 1962. The point to be determined by us in this reference is the assessment of the said bank for super profits tax. 2. A sum of Rs. 2,18,802 was included in the total income of the assessee for the previous year January 1, 1962, to December 31, 1962, relevant to the assessment year 1963-64, computed under the I. T. Act, 1961, under the head 'Interest on securities'. The question then was of computation of super profits tax, if any, ...
Commissioner of Income-tax, Bombay City-iii Vs. Bombay Gas Co. Ltd.
Court: Mumbai
Decided on: Jan-30-1979
Reported in: [1979]120ITR822(Bom); [1979]1TAXMAN263(Bom)
Desai, J.1. This is a reference at the instance of the Commissioner under S. 256(1) of the I.T. Act, 1961. The question referred to us is as follows : 'Whether, on the facts and in the circumstances of the case, the reassessment made under section 147(b) of the Act was valid ?' 2. The assessee is a company and the accounting year ended on 31st December, 1960. The assessee-company owned 10,000 preference shares of another company, viz., Messrs. Elphinstone Spinning & Weaving Mills Co. Ltd. (hereinafter referred to as 'Elphinstone Mills'). The Elphinstone Mills deducted a sum of Rs. 63,000 from the amount of dividend as income-tax and super-tax and paid the assessee-company the balance amount of Rs. 1,47,000. Pursuant to S. 18(9) of the Indian I.T. Act, 1922, the necessary certificate was also issued by the Elphinstone Mills to the assessee-company. At the time when the assessee-company get its income assessed by the ITO, the certificate was produced before the ITO who gave credit to the...
State of Maharashtra Vs. P.D. Pujari
Court: Mumbai
Decided on: Jan-30-1979
Reported in: (1980)82BOMLR6; 1979CriLJ1152; 1979MhLJ244
S.C. Pratap, J.1. Question of some significance as indeed also of wide spread application in the administration of criminal law arises in this appeal by the State against the order of acquittal dated 30th September, 1976 passed by the learned Additional Chief Metropolitan Magistrate, 24th Court, Borivli, Bombay in Case No. 2942/T/1976, the said question being :What is the starting point of the period of limitation within the meaning of section 469 of the Code of Criminal Procedure, 1973 in respect of offences falling within sub-section (2) of section 468 of the said Code?2. The prosecution case, briefly, has been that on 5th September, 1975 at about 9.50 a.m. one Gangaram Ganpat Moprekar, Head Constables, Traffic Control Branch, Greater Bombay Police, noticed, while on duty at Swami Vivekanand Road, Goregaon a B.E.S.T. bus bearing No. MRR 945 taking a turn on the said road and proceedings south towards Jogeshwari. The bus halted at the stop of route No. 262 on the said road, but at a d...
Krishnaraj Jamnadas Modi Vs. Colaba Land Co-operative Housing Society ...
Court: Mumbai
Decided on: Jan-30-1979
Reported in: (1979)81BOMLR307; 1979MhLJ841
P.B. Sawant, J.1. By this petition filed under Article 227 of the Constitution, the petitioners seeks to challenged under the order dated 12-10-1976 passed by the Appeal Court of the Small Causes Court, Bombay in proceedings under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the Rent Act). This petition raises some important questions which are likely to affect a large number of persons, and the questions briefly stated are as follows :(1) What are rights which a member gets in a tenant co-partnership housing society when the society allots to him premises which are not vacant on the date of allotment?(2) Can it be said that the society holds such premises for the benefit of the member within the meaning of sub-clause (g) of sub-section (1) of section 13 of the Rent Act ?(3) Can the society adopt proceedings for recovery of possession of such premises under the aforesaid provision on the ground that the premises are reasonably and bona f...
Commissioner of Income-tax, Bombay City-iii Vs. New India Assurance Co ...
Court: Mumbai
Decided on: Jan-29-1979
Reported in: [1980]50CompCas335(Bom)
Desai, J.1. The assessee before us in this reference is the New India Assurance Co. Ltd., Bombay, and will be hereinafter referred to as 'New India' for the sake of brevity. The reference is at the instance of the Commissioner and is under s. 66(1) of the Indian I.T. Act, 1922. As many as nine questions are referred to us for our advisory opinion and these are as follows : '1. Whether, on the facts and in the circumstances of the case, the amount of Rs. 1,50,983 received by the assessee-company as compensation under section 8 read with section 7 of the Life Insurance (Emergency Provision) Act, 1956, was a capital receipt not liable to be included in its business Profits 2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the basis adopted by the Life Insurance Corporation Act for paying the compensation in 1956 need not be the basis for determining the market value of the life insurance business of the company as on January 1, 1954,...
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