Mumbai Court January 1983 Judgments
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Raju Ramchandra Bhangde Vs. Commissioner of Income-tax, Nagpur
Court: Mumbai
Decided on: Jan-13-1983
Reported in: (1983)35CTR(Bom)192; [1984]148ITR391(Bom); [1983]14TAXMAN498(Bom)
Mohta, J.1. At the instance of the assessee, the following question is referred in this reference under the Indian I.T. Act, 1922 :'Whether, on the facts and in the circumstances of the case, the Tribunal exercised its discretion under section 33(2A) of the Indian Income-tax Act, 1922, in a judicial manner in refusing to condone the delay of 520 days in filing the appeal by the assessee for the assessment year 1951-52 ?'2. The point arises against the following factual background. The appeal filed by the assessee before the AAC through his advocate, who also happened to be his natural father, was fixed for final hearing at Akola on February 22, 1963, on which day certain account books were to be produced in support of a contention that certain amount was nothing but accumulations of the amounts received from the HUF. By an application, dated February 18, 1963, the learned advocate applied by post for adjournment and requested that the appeal may be heard at Wardha. This application was...
Shankar theatres Vs. Commissioner of Income-tax, Vidarbha and Marathwa ...
Court: Mumbai
Decided on: Jan-13-1983
Reported in: (1983)37CTR(Bom)13; [1984]146ITR547(Bom); [1983]15TAXMAN225(Bom)
Mohta, J.1. At the instance of the assessee, the following two questions are referred :'1. Whether, on the facts and in the circumstances of the case, the claim of the assessee in respect of interest amounting to Rs. 7,517 is allowable under section 36(1)(iii) of the Income-tax Act, 1961 ?' 2. Whether, on the facts and in the circumstances of the case, the payment of Rs. 1,000 as municipal taxes is an allowable deduction for the assessment year 1962-63 ?'2. The assessee is a registered partnership firm with three partners : Shri S. L. Rathi, Shri S. Y. Solao and M/s. Saroj Screens P. Ltd., Amravati. For the assessment year 1962-63 relevant to the accounting period ending on July 31, 1961, the assessee claimed allowance for interest amounting to Rs. 7,517 on borrowed capital under s. 36(1)(iii) of the I.T. Act. 1961. The ITO found that the debit balance of Shri Rathi amounted to Rs. 97,399. Since interest on this sum at 9 per cent. per annum exceeded the amount of interest for which ded...
Vegetable Oil Mfg. Co. P. Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jan-13-1983
Reported in: (1984)38CTR(Bom)191; [1984]147ITR545(Bom)
Chandurkar, J.1. The assessee-company carries on business in the manufacture of vegetable oil. In the assessment for the assessment year 1959-60 the assessee had made a profit or Rs. 10,342 in non-speculative business and it claimed that this profit should be set off against the loss in non-speculative business brought forward since the year 1954-55. The assessee further claimed that the balance of the non speculative loss for the year 1954-55 should then be set off against the speculative profit of Rs. 25,570. The current year's depreciation for the assessment year 1959-60 to which the assessee was entitled amounted to Rs. 35,769, and according to the assessee this should not be absorbed at all against the profits of the assessment years 1959-60, but should be added to the deprecation brought forward from the earlier years and should be carried forward to the next year. The obvious intention was to see that the deprecation of the current year could be set off in future years and the b...
Y.M. Koli, Food Inspector Vs. Dhavlu Ajaba Kokani and anr.
Court: Mumbai
Decided on: Jan-13-1983
Reported in: 1985CriLJ1255
Gadgil, J.1. The Food Inspector of Nandurbar Municipal Council has preferred this appeal against the acquittal of the accused by the Judicial Magistrate, First Class Nandurbar, in Criminal Case No. 1204 of 1975. The said case was with respect to an offence under Section 7(1) read with Section 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954, (hereinafter referred to as 'the said Act').2. As the appeal deserves to be dismissed on a very short; point, it is not necessary to give all the details of the offence in the case. Suffice it to say that on 17-4-1970, at 9-0 a.m. the complainant Food Inspector Y. M. Koli, took a sample of milk from the accused after following the necessary procedure. The sample was divided into three parts. One of the parts was sent to the Public Analyst, on 23-4-1970 for examination and report, the Public Analyst prepared a report dated 26th June 1970 that the sample contained 17-8% added water so as to make the sample adulterous. The said report was ...
Commissioner of Income-tax, Nagpur Vs. Agrawal Trading Company
Court: Mumbai
Decided on: Jan-12-1983
Reported in: (1983)37CTR(Bom)215; [1984]149ITR222(Bom)
Chandurkar, J.1. The assessee was carrying on its business in old Bhaji Bazar in Akola. The assessment year in question is 1976-77. During the previous year, relevant to the assessment year, the assessee was called upon by the municipal authorities to shift his business to a new open plot in new Bhaji Bazar where admittedly the applicant himself constructed a new shop at a cost of Rs. 26,518.2. In the assessment proceedings for the assessment year in question the assessee claimed that the expenditure incurred for the construction of the new shop should be allowed as revenue expenditure because he was compulsorily required to build a new shop on land which was not his own. Before the ITO it was the case of the assessee that the shop constructed by him was to be donated to the municipality after seven years. The claim of the assessee was rejected by the ITO.3. In appeal, the AAC recorded a finding that it could not be ascertained whether the assessee was given a lease only for seven year...
Commissioner of Income-tax, Nasik Vs. Pannalal Hiralal and Co.
Court: Mumbai
Decided on: Jan-12-1983
Reported in: (1983)36CTR(Bom)414; [1984]146ITR549(Bom)
Chandurkar, J.1. The assessee which is a partnership firm has 6 partners. For the purposes of this reference, we are, however, concerned only with the fact that Ramniranjan Hiralal is a partner in his individual capacity, Narayandas Hiralal is also a partner in his individual capacity and Vasantkumar Hiralal is a partner in his capacity as karta of HUF known as 'Vasantkumar Hiralal'.2. For the assessment year 1975-76 the firm had paid interest as follows : Rs.(i) Shri Ramniranjan Hiralal, HUF 30,078(ii) Shri Narayandas Hiralal, HUF 5,797(iii) Shri Vasantkumar Hiralal, Individual 17,567 ___________ Total 53,4423. The assessee-firm claimed a deduction of the amount of interest paid during the assessment year in question. The ITO, however, declined to permit the deduction relying on s. 40(b) of the I.T. Act, 1961. The AAC, however, allowed the assessee's appeal and the appeal filed by the ITO before the Tribunal has been rejected. Arising out of the order of the Income-tax Tribunal, the f...
Commissioner of Income-tax, Nagpur Vs. Nemkumar Porwal and Others
Court: Mumbai
Decided on: Jan-12-1983
Reported in: [1984]148ITR30(Bom); [1984]18TAXMAN382(Bom)
Chandurkar, J.1. The assessment years in question in this reference are 1968-69, 1969-70, 1973-74, and 1974-75. The HUF in this case consisted of Shri Nemkumar Porwal, his five minor sons Sushilkumar, Rakeshkumar, Rajeshkumar, Sunilkumar and Sanjivkumar and his wife, Smt. Chintamani Devi. The HUF represented by Nemkumar was a partner in the firm of M/s. P. K. Porwal, Kamptee, having a share income of 70%. There was a partial partition among the members of the HUF which is evidenced by a partial partition agreement dated September 7, 1967.2. This agreement recites that Nemkumar was a partner in the firm of M/s. Pyarchand Keshrimal Porwal and that the 70% shares in the profits and losses belonged to the HUF represented by Nemkumar till Diwali ending 1966. It also recites that it has been agreed among the members orally as from November 13, 1966, that the said share and share income is 'agreed to be partitioned' among the members of the HUF and each member will have one-seventh share, of ...
Commissioner of Income-tax, Vidarbha and Marathwada Vs. Associated Cem ...
Court: Mumbai
Decided on: Jan-12-1983
Reported in: [1984]147ITR776(Bom); [1984]17TAXMAN278(Bom)
Mohata, J.1. In this reference under s. 256(1) of the I.T. Act, 1961, at the instance of the Revenue, the following two questions are referred :'(1) Whether, on the facts and in the circumstances of the case, when the return of income had been filed by the firm and the assessment proceedings went on in the case of the firm, the assessment made in the status of an association of persons was legal ?' '(2) Whether, on the facts and in the circumstances of the case, when there was no genuine firm but the return of income had been filed in the status of a firm, the assessment made in the status of an association of persons was legal ?'2. The reference arises out of an order of the Tribunal passed in respect of assessment for the assessment years 1973-74 and 1974-75. The assessee is M/s. Associated Cement & Steel Agencies, Nagpur, which claimed to be a partnership firm constituted by the following four partners :(1) Mrs. Nafisa w/o Tahirbhai, (2) Mrs. Nafisa w/o Shabir Hussain, (3) Mrs. Juma...
Shantikumar Maganlal JaIn and Others Vs. Commissioner of Income Tax, V ...
Court: Mumbai
Decided on: Jan-12-1983
Reported in: (1984)41CTR(Bom)366; [1984]148ITR11(Bom)
Mohta, J.1. This reference is at the instance of the assessee in which the following three questions have been referred :'(1) Whether, on the facts and in the circumstances of the case, notice under section 148 of the Income-tax Act, 1961, is bad in law and without jurisdiction ? (2) Whether, on the facts and the the circumstances of the case, and considering the agreement of partial partition and other material on record it can be said that an association of persons was formed ? (3) Whether, on the facts and in the circumstances of the case and having regard to the partial partition, it can be said that the share income from M/s. Sonasao Rukhabsao & Co. was diverted by overriding title ?'2. Question No. 1 is not pressed, and hence only question Nos. 2 and 3 survive for consideration. The relevant facts giving rise to this reference are as under : There was a HUF of Shantikumar Maganlal Jain consisting of himself, his wife, Vijaybai, and minor sons Uday, Alok and Rajnish. Shantikumar w...
Amar Dye Chem Limited Vs. the State of Maharashtra
Court: Mumbai
Decided on: Jan-12-1983
Reported in: [1983]53STC14(Bom)
Madon, C.J.1. The applicants carry on business of manufacturing various types of dyes and chemicals. They are registered as dealers under the Bombay Sales Tax Act, 1959 (hereinafter for the sake of brevity referred to as 'the Act'). During the period 1st January, 1965, to 31st December, 1965, the applicants purchased raw materials for the purpose of the manufacturing business carried on by them. Out of the quantity of raw materials purchased by them, raw materials of the aggregate value of Rs. 10,56,643 were purchased by the applicants by giving certificates in form 15 prescribed under the Bombay Sales Tax Rules, 1959, to the effect that the goods so purchased would be used by them for the manufacture of taxable goods which would be sold by them and that such sales would not take place outside the State of Maharashtra. For the purposes of the said certificates a sale in the course of inter-State trade or commerce, or in the course of the export of the goods out of the territory of Indi...
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