Mumbai Court June 1982 Judgments
income-tax Officer Vs. Major Manohar R. Hemmadi
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-30-1982
Reported in: (1983)3ITD244(Mum.)
1. The appeal and the cross-objection arises from the order of the AAC in his Appeal No. THn. 7/79-80 dated 5-3-1980, disposing of an appeal filed by the assessee, for the assessment year 1979-80. The assessee is an individual. He was employed in National Machinery Manufacturers Ltd. He left that company on 1-1-1979. He received from the superannuation fund Rs. 25,823. The ITO brought this amount to tax. On appeal, the AAC deleted the addition. He, however, held that the amount received should be taxed under the Fourth Schedule, Part B, at the rates specified in Rule 6 therein, of the Income-tax Act, 1961 ('the Act').2. Against this finding, both the assessee and the department are on appeal before us. In order to understand the issues involved in this appeal, we would give a few facts.3. The assessee joined the company sometimes in 1969. As per the service agreement, the assessee would be entitled to participate in the company's provident fund and gratuity schemes. The standard emplo...
Tag this Judgment!irappa Bhimrao Umate Vs. Shankarappa Bhimrao Umate and ors.
Court: Mumbai
Decided on: Jun-30-1982
Reported in: 1982(2)BomCR496
M.P. Kanade, J.1. This revision application is filed by the original decree-holder to obtain a decree in Regular Civil Suit No. 101 of 1970. During the pendency of the said suit, the matter was referred to the Court for an arbitration and an award was passed by the arbitrator and the same was made by passing a decree in terms of the award.2. Thereafter a Darkhast, bearing Regular Darkhast No. 35 of 1972 was filed. The judgment-debtors, respondents herein raised certain contentions that the decree was unexecutable because it was preliminary decree and not a final decree. It was also contended that there was some property which was not the subject-matter of the suit having including in the award and a decree has been passed and, therefore, the said decree is not executable.3. The matter was reached upto High Court and in Second Appeal No. 382 of 1975 this Court by judgment dated March 9, 1978 held that all these objections were technical objections and there was no substance in the conte...
Tag this Judgment!Kamani Metallic Oxides Limited Vs. Kamani Tubes Limited
Court: Mumbai
Decided on: Jun-29-1982
Reported in: [1984]56CompCas19(Bom)
Jamidar, J.1. This notice of motion is taken out by the respondent- company, Kamani Tubes ltd., the winding up application against which is rejected, under s. 536(2) of the companies Act, for permission, to dispose of the assets of the company or, in the alternative, to disposed of 95,117 equity shares of the Kamani Engineering Corporation ltd. held by the respondents. Obviously there was no urgency so far of the first prayer was concerned, but so far as the alternative prayer was concerned, there was such urgency, because the Kamani Engineering Corporation Ltd. Has issued convertible debentures and the last date for splitting of the right was may 26, 1982, while the last date for applying for the debenture is June 26, 1982. It was contended that the prospective buyer or buyers of the shares may apply for the right debentures in their name or names or may apply in favour or their nominees. It was rightly contended that if the right of splitting is lost, the prospective buyer or buyers ...
Tag this Judgment!Miraj Kamgar Union and anr. Vs. Miraj Kamgar Parishad Through the Chie ...
Court: Mumbai
Decided on: Jun-29-1982
Reported in: 1982(1)BomCR920
V.S. Deshpande, C.J.1. This is a petition filed by Miraj Kamgar Union. The Union represents the workmen of the Miraj Municipal Council (hereinafter referred to as 'Municipal Council'). There were disputes between the workmen and the Council in regard to the conditions of service. A settlement was reached earlier on 8-9-1972. Yet another settlement was reached on 2-2-1975 in Pending Case ID No. 1091 of 1971. Dissatisfaction amongst the workmen however, continued. There was a strike notice by the petitioner-Union on 27-10-1976. This was for increase in the posts as also revision in the pay-scales. As a result of the intervention of the Conciliation Officer, there was settlement in regard to even this fresh demand. The Municipal Council passed a resolution being Resolution No. 130 on 6-12-1977. The Council accorded its sanction to the draft settlement authorising the Chief Officer to sign the same. Clause 14 of the said settlement contemplated creation of 58 posts. The same included certa...
Tag this Judgment!Commissioner of Income-tax Bombay City-iv Vs. Wyman Gordon (India) Ltd ...
Court: Mumbai
Decided on: Jun-28-1982
Reported in: (1982)31CTR(Bom)119; [1983]144ITR911(Bom); [1982]11TAXMAN215(Bom)
Kania, J.1. This is a reference under s. 256(1) of the I. t. Act, 1961. Two questions, have bene referred to us for our determination in this references, namely :' (1) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the expenditure of Rs. 2,043 incurred on drafting and printing of the articles of association of the assessee-company was a permissible revenue deduction ?(2) Whether, on the facts and in the circumstances of the case, the Technical Services Fee of Rs. 17,098 paid by the assessee to M/s Wyman-Gordon Co. Ltd,. of U. S. A. was allowable as revenue expenditure ?'2. As far as the fist questions is concerned, it is common ground that is is concluded in favour of the assessee by the decision of the Division Bench of this court tin CIT v. Elphinstone Spinning and Weaving Mills Co. Ltd. : [1975]100ITR139(Bom) . We therefore, have to really consider only the second question referred to us3. The relevant face, as far as the secon...
Tag this Judgment!Commissioner of Income-tax, Bombay City-iv Vs. Interlink Traders Pvt. ...
Court: Mumbai
Decided on: Jun-28-1982
Reported in: (1982)31CTR(Bom)111; [1983]144ITR173(Bom); [1983]12TAXMAN66(Bom)
Kania, J.1. This is a reference under s. 256(1) of the I. T. Act, 1961 (referred t hereinafter as 'the said Act')2. The facts giving rise to this reference are as follows :The assessee is a private limited company carrying on business in the manufacture and sale of readymade garments. The relevant assessment year is 1968-69, the relevant financial year being the financial year ending 31st March, 1968. In order to obtain exchange for the import of certain machinery, namely, power driven industrial sewing and cutting machines of the value of @6,882-8-2, equivalent to Rs. 91,765, the assessee executed a bond in favour of the President of India, represented by the Joint Chief Controller of Imports and Exports, for a sum of Rs. 1,50,000. The relevant clause of the said bond provided that if the importer, that is, the assessee, shall within 12 months from or such further time as might be granted by the said Joint Chief Controller, export readymade garments of the value equal to Rs. 1,50,000....
Tag this Judgment!Commissioner of Income-tax, Bombay City-iv Vs. Rashtriya Metal Industr ...
Court: Mumbai
Decided on: Jun-28-1982
Reported in: (1983)32CTR(Bom)116; [1983]142ITR306(Bom); [1983]12TAXMAN326(Bom)
Chandurkar, J.1. The assessee-company manufactures textile machinery and looms. The assessment years in question are 1964-65 to 1967-68, the assessee's accounting year being the financial year.2. The assessee-company purchased from the market aluminium scrap, copper scrap and lead scrap which are from discarded wagons, locomotives, ships, aircrafts, machines, etc. By some process, the assessee removed iron ore from it and the entire scrap was magnetised to scrap out the iron contents. In the case of copper scrap it was heated to remove oil. Scrap so processed was passed through a separation plant in order to segregate foreign materials. The metal so obtained was melted in a furnace to remove the impurities and to bring the product to the required specifications. The final product was either in the form of ingots or it was cast into required shapes and sold in the market. Part of the final product was processed in the company's own factory and then after being heated in the furnace, rol...
Tag this Judgment!Om Prakash Berlia and anr. Vs. Unit Trust of India and ors.
Court: Mumbai
Decided on: Jun-28-1982
Reported in: AIR1983Bom1; [1983]54CompCas136(Bom); (1982)3CompLJ89(Bom); 1983MhLJ339
ORDER1. The question to be decided arises in the contest of a copy of the return of allotments filed by the 8th Defendants. Company with the Registrar of Companies and an extract of the Annual Return also so filed, both certified to be true by the Registrar under S. 610 of the Companies Act. The said true copy and extract have been admitted on record as the 1st defendants exhibits (at Exhibits 17 and 18). The question is: is the truth of their contents established prima facie as Mr. Nariman, learned counsel for the 1st defendants contends, or must the truth thereof be proved2. It is necessary to set out the relevant provisions of the Evidence. Act. In Section 3 a document is defined as any matter expressed or described upon any substance by means of letters, figures or marks or by more than one of those means, intended to be used or which may be used for the purpose of recording that matter. Again in Section 3, a fact is said to be proved when after considering the matters before it, t...
Tag this Judgment!Damodar Mohanlal Thakkar and ors. Vs. Maharashtra State Co-operative A ...
Court: Mumbai
Decided on: Jun-28-1982
Reported in: 1982(1)BomCR945
S.C. Pratap, J.1. One Suryaprabhadevi Nandkishore Singhal, respondent No. 4 herein filed an application, being Arbitration Case No. ABN/1335 of 1976, before the Second Co-operative Court for Greater Bombay under section 91 of the Maharashtra Co-operative Society Act, 1960 (hereinafter referred to as 'the Act'). This was a dispute relating to flat No. 4 in Kalpana Co-operative Housing society Ltd. situated at Marine Drive, Bombay. Claim made therein, inter alia, was to the effect that the Co-operative Housing Society, respondent No. 5 herein had been unreasonably refusing to accept her as being entitled to the shares and the interest in the aforesaid flat despite the nomination made in her favour by the last holder thereof, namely, Jayaben. The aforesaid dispute came to the knowledge of the petitioners herein who thereupon made an application to the Co-operative Court for adding them as parties to the said dispute on the ground that they are the heirs and legal representatives and the n...
Tag this Judgment!Commissioner of Income-tax, Bombay City-i. Vs. Central Agency Ltd. (as ...
Court: Mumbai
Decided on: Jun-25-1982
Reported in: (1982)31CTR(Bom)333; [1983]144ITR105(Bom); [1982]11TAXMAN219(Bom)
Kanai, J.1. This is a reference under s 66(1) of the Indian I. T. Act, 1922 (hereinafter referred to as 'the Act of 1922'), made at the instance of the Commissioner of Income-tax. The assessment year, with which we are concerned in this reference, is the assessment year 1948-49 and the relevant accounting period is calendar year ended 31st December, 1947.2. The question referred to us for our determination is as follows :'Whether, on the facts and in the circumstances of the case, the double taxation relief under the Income-tax (Double Taxation Relief) (United Kingdom) RUles, 1948, is to be worked out on the amount of Rs. 15,93,557 or on the amount of Rs. 18,06,813?'3. The facts giving rise to this reference, in so far as they are material for the appreciation of the controversy raised before us, are as follows :The assessee is a company incorporated in the United Kingdom. The assessee derived its income from business in threads in India, Pakistan and the United Kingdom in the relevant...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- Next ›
- Last »