Mumbai Court March 1980 Judgments
Browse smarter
Open an 18-section brief on any judgment
Structured AI Brief in seconds on any result - plus Semantic Search when you need meaning, not just keywords.
- AI Brief & Ask
- Semantic AI Search
- Devil's Bench
Credentials emailed - log in to pick up where you left off.
J. Satyavrata and anr. Vs. Mohamedbhai Abdothussen Sadiq Bahreinwalla ...
Court: Mumbai
Decided on: Mar-24-1980
Reported in: AIR1982Bom50; 1981MhLJ413
Lentin, J.1. The two petitioners before us are the tenants of flats on the 2nd and 4th floors of New Readymoney Building (renamed Alhatiz Building) situate at clearly Road, Byculla, Bombay. The respondents are the present landlords of this building floors and has in all 55 tenants. The tenants were in enjoyment of the service of a lift in this building. It appears that in 1974 the respondents' predecessors-in- title had partially withdrawn the lift facility by restricting the working hourse of the lift from 10.00 a.m. to 2.00 p.m. and from 4.30 p.m. till 8.30 p.m. in the place of the original working hours. Viz. From 9.00 p.m. Criminal proceedings were thereupon initiated against the respondents' predecessor-in title by the tenants which resulted in the restoration of the lift service to the original hours, viz, from 9.00 P.M. and the concomitant withdrawn if the criminal proceedings. On 1st aprill., 1975, the respondents became the owners of New Ready -money Building, whereafter, acco...
Smt. Radhadevi Mohatta Vs. Commissioner of Wealth-tax, Bombay City-ii
Court: Mumbai
Decided on: Mar-21-1980
Reported in: [1981]129ITR229(Bom); [1981]5TAXMAN137(Bom)
Chandurkar, J.1. The question which has been referred to this court under s. 27 (1) of the W. T. Act, 1957 (hereinafter referred to as 'the Act') at the instance of the assessee is as follows :'Whether, on the facts and in the circumstances of the case, the Tribunal was right in not taking into account the non-existent tax on notional capital gains which might have arisen if the shares and debentures had been sold on the valuation date at the market price, in determining the value of the shares and debentures as at the valuation date in terms of section 7(1) of the Wealth-tax ACt, 1957 ?'2. In the course of assessment to wealth-tax the shares and debentures owned by the assessee were valued by the assessee herself at Rs. 10,19,527. That value was accepted by the WTO. However, it was the claim of the assessee before the WTO that the value of the shares was the market value which was more than the cost price of the shares and, therefore, since the market value was the notional wealth, a ...
State of Maharashtra and ors. Vs. V.G. Koppar
Court: Mumbai
Decided on: Mar-21-1980
Reported in: AIR1981Bom131
Bhonsale, J.1. The appellants, the State of Maharashtra and two others, challenge the judgment and decree passed by the Judge of the City Civil Court, Bombay, in Suit No. 3169 of 1961, decreeing the plaintiff's suit in terms of prayer (b) of the original Pauper Petn. No. 55 of 1960, setting aside his termination of service as illegal, void and inoperative in law and that he still continues to be in the employment of the State Government with all the attendant rights and privileges of his post. The learned Judge also decreed arrears of salary and other emoluments for 38 months prior to the date of the suit. The learned Judge has further directed the respondent-plaintiff to pay to the State Government the court fees necessary on the realisation of the amount. Certain other consequential directions were also given by the learned Judge by his judgment and decree passed on Feb. 23, 1970.2. The plaintiff V. G. Koppar, had filed this suit against the then State of Bombay, defendant No. 1 and ...
Commissioner of Wealth Tax, Bombay City-ii Vs. Gammon India P. Ltd.
Court: Mumbai
Decided on: Mar-19-1980
Reported in: [1981]130ITR471(Bom); [1980]4TAXMAN246(Bom)
Chandurkar, J.1. The assessee-company held shares of some foreign companies, the value of which in the balance-sheet was shown at the cost price of the shares. In the proceedings for assessment to wealth-tax for the assessment years 1957-58, 1958-59 and 1959-60, the relevant valuation dates for these years being 31st March, 1957, 31st March, 1958, and 31st March, 1959, respectively, the WTO adopted the global method of valuation. However, in respect of the shares held by the assessee in foreign companies, the WTO valued the shares at the market value which was shown in the balance-sheet in the inner column against the entry relating to these assets. The value shown in the balance-sheet as well as the market value of the shares shown in the inner column was as follows :1958-58 1958-59 1959-60Rs. Rs. Rs.Value shown in balance-sheet 23,05,039 22,33,505 23,42,942Market value 45,40,180 36,37,401 42,51,8282. The assessments made by the WTO taking into account the market value of the shares w...
Nanalal Goverdhandas and Co. and ors. Vs. Samratbai Lilachand Shah
Court: Mumbai
Decided on: Mar-18-1980
Reported in: AIR1981Bom1; (1981)83BOMLR6; 1980MhLJ867
ORDER1. A question of law which has become interesting on the peculiar facts of this case has been raised in this petition. This is a petition under Article 227 of the Constitution of India arising out of proceedings initiated by the respondent in this petition under the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as 'the Bombay Rent Act'. The respondent is the landlady of a building bearing House No. 859 and situated at Budhwar Peth at Pune. The petitioners are the tenants of two rooms bearing blocks Nos. 2 and 8 which were subsequently amalgamated. Block No. 2 was taken on lease in the year 1933 and block No. 3 was taken on lease in the year 1943. The first petitioner is a partnership firm of which the other petitioners are the partners.2. The building was originally owned by the husband of the respondent who during his lifetime on 31st of January, 1944 executed a will bequeathing the house, in which the premises tenanted b...
Synthetics and Chemicals Ltd. Vs. S.C. Coutinho and Others
Court: Mumbai
Decided on: Mar-14-1980
Reported in: 1981(8)ELT414(Bom)
1. This Appeal raises a question relating to the real meaning of section 12 read with section 15 and a Notification issued under section 25 of the Customs Act, 1962.2. In order to understand the controversy between the parties, a few facts may be noted. The appellants, who were the petitioners before the learned Singly Judge, had imported 550 Metric Tonnes of a material called 'Disproportionated resin acid' (hereinafter called 'the acid') from the United States of America as a part of their raw material in the manufacture of rubber products. The ship arrived in the Bombay Port on August 20, 1968. On the same day the Appellants presented a Bill of Entry Form Bond for the warehousing of these goods. After the formalities in that behalf were completed, they were actually warehoused. When these goods were imported the duty chargeable under the provisions of the Customs Act read with the provisions of the Indian Tariff Act, 1934, was 60 per cent for Item No. 87. The Appellants claim that th...
Commissioner of Wealth Tax Vs. K.N.J. Dady, Legal Heirs of Late S.N.J. ...
Court: Mumbai
Decided on: Mar-13-1980
Reported in: (1980)18CTR(Bom)193
Chandurkar, J.1. The question which has been referred to us at the instance of the Revenue u/s 27(1) of the WT Act is as follows :'Whether on the facts and in the circumstances of the case, it was rightly held that s. 19A of the WT Act which was inserted by the WT (Amendment) Act, 1964 and came into force on 1-4-1965 was a substantive section and not a procedural section and, therefore, had no application for the asst. yr. 1963-64?'With the consent of the Counsel, the above mentioned question was re-framed as follows :'Whether, the provisions of s. 19A of the WT Act which was inserted by the WT (Amendment) Act, 1964 and came into force on 1-4-1965 were retrospective in operation.'Mr. N. V. Mehta appearing on behalf of the assessee has brought to our notice two reported decisions, one of the Madras High Court and the other of the Calcutta High Court in which these Courts have taken the view that s. 19A is not retrospective in operation. The decision of the Madras High Court is reported ...
Commissioner of Wealth Tax, Bombay City-i Vs. Kali D. Cawasji
Court: Mumbai
Decided on: Mar-13-1980
Reported in: (1980)17CTR(Bom)25; [1981]131ITR158(Bom); [1981]5TAXMAN99(Bom)
Chandurkar, J.1. The assessee is the son of one Shri Dinshaw Cawasji. Dinshaw Cawasji had executed a trust deed dated November 19, 1941, and he had created another trust by his will dated May 30, 1938. The relevant clauses with which the WTO was concerned while computing the net wealth of the assessee are to be found in the trust deed and in the will. Under cl. 2 of the trust deed, it was provided as follows:'2. The trustees shall stand possessed of the said securities and investments (hereinafter called 'the Trust Fund') upon the following trusts, that is to sa :-... (c) After the death of the settlor upon trust to pay the net income thereof to the settlor's son the said Dinshaw Cawasji during his life and (d)...'2. The relevant clauses under the will provided for a monthly payment of Rs. 400 to be paid to the wife of the settlor during her lifetime or widowhood for her own maintenance and so far as the assessee was concerned the accumulated income of the residual movable estate was t...
Commissioner Wealth-tax, Bombay City-i Vs. Y.A. Fazalbhoy
Court: Mumbai
Decided on: Mar-13-1980
Reported in: [1980]131ITR115(Bom); [1981]5TAXMAN319(Bom)
Chandurkar, J.1. This reference is made at the instance of the revenue arising out of the assessment to wealth-tax in respect of the assessee for the assessment years 1960-61, 1961-62 and 1962-63. The assessee gifted 500 shares of the General Appliances & Refrigeration Co. Ltd., on August 21, 1958, to his brother's grand-daughter and on the same day an equal number of shares of the same company were fitted by the assessee's brother to the three minor children of the assessee. Later, on April 6, 1959, 100 shares of Photophone Equipment Ltd. were gifted by the assessee's brother's son to the assessee's three minor children, viz., two sons and one daughter.2. Now, the question which arose before the WTO for the purpose of assessment of the net wealth of the assessee in respect of the above assessment years was whether the shares received by the three minor children of the assessee were includible in the net wealth of the assessee having regard to the provisions of s. 4(1)(a)(ii) of the W....
Sugar Selling Agency P. Ltd. and Another Vs. R. Kannan, Income-tax Off ...
Court: Mumbai
Decided on: Mar-13-1980
Reported in: [1981]130ITR801(Bom)
Madan, J.1. This is an appeal against the judgment and order of a learned single judge of this High Court dismissing a writ petition under art. 226 of the Constitution of India by which the appellants were seeking to quash and set aside a notice dated August 11, 1969, in respect of the assessment year 1959-60, and five notices dated March 15, 1969, in respect of the assessment years 1960-61, 1961-62, 1962-63, 1963-64 and 1964-65, issued by the first respondent under s. 147 of the I. T. Act, 1961.2. By an agreement dated October 4, 1951, entered into between the Godavari Sugar Mills Ltd. and the first appellant-company (hereinafter referred to as 'the appellant-company'), the Godavari Sugar Mills Ltd. appointed the appellant company as their sole selling agents for sale of all products which might be manufactured by the Godavari Sugar Mills Ltd. for a term of 20 years commencing from May 16, 1951. The second appellant is a director of the appellant-company and has joined in filing this ...
- ‹ Prev
- 1
- 3
- Next ›
- Last »