Mumbai Court October 1983 Judgments
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Purewall and Associates Ltd. Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Oct-24-1983
Reported in: (1983)LC2137DTri(Mum.)bai
1. The question that falls for decision in this case is whether Press Tools, which on examination were found to be die sets, fall under heading No. 82.05 of the Customs Tariff Act, 1975, as held by the lower authorities, or under heading No. 84.45/48, as urged by the appellants.2. The samples of the subject die sets were shown to us during the hearing. There is no dispute on the facts of the case. Both sides agree that these die sets are intended to be fitted to power presses installed in the appellants' factory for manufacture of watch parts.There is also agreement that one die set can manufacture a particular watch part only. The crucial point for our determination is whether these die sets can be considered as interchangeable tools for the purpose of heading 82.05. (a) According to the explanatory notes in the C.C.C.N. Chapter 82 of the C.C.C.N. applies only to hand tools. The subject die sets cannot be worked in hand and they cannot, therefore, fall under Chapter 82. The Customs T...
Conwest (P.) Ltd. Vs. First Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-21-1983
Reported in: (1984)7ITD314(Mum.)
1. This appeal by the assessee arises out of the assessment proceeding for the assessment year 1972-73.2. The assessee is a company dealing in motor spare parts. The allegation of the assessee is that in the accounting year relevant to the assessment year 1969-70, D.S. Mehta and A.K. Verma, Manager and Accountant of the Indore Branch, misappropriated cash and goods worth Rs. 51,398 in the course of the business of the assessee. A report was lodged and challans were filed by the police against those two persons in the Magisterial Court at Indore. D.S. Mehta was convicted under Section 408 of the Indian Penal Code, 1860, for criminal breach of trust on 31-3-1980 and was sentenced to rigorous imprisonment for 3 years and fine while A.K. Verma was acquitted.3. The assessee debited Rs. 51,398 to profit and loss account in the accounting year relating to the assessment year 1969-70 on account of 'amount and value of stocks misappropriated'.4. The assessee claimed deduction in the assessment...
Commissioner of Income-tax, Bombay City - Iv Vs. Carona Sahu Co. Ltd.
Court: Mumbai
Decided on: Oct-21-1983
Reported in: (1984)38CTR(Bom)219; [1984]146ITR452(Bom); [1984]16TAXMAN32(Bom)
Bharucha, J.1. A question much debated in the High Courts is posed in this reference under s. 256(1) of the I.T. Act, 1961. What, principally, is to be determined is whether the whether the words 'regular assessment' is s. 214(1) of the I.T. Act, 1961, mean the order of regular assessment passed by the ITO or the last operative order of regular assessment at any given point of time passed as a result of appellate or revisional proceedings. If the answer is that 'regular assessment' means only the first order of regular assessment passed by the ITO, the Central Government would be liable to pay to the assessee interest on the amount by which the advance tax paid by him during any financial year exceeds the amount of tax determined upon such first order of regular assessment from 1st April, next following the said financial year to the date of such first order of regular assessment. If the answer is that 'regular assessment' means the last operative order of regular assessment, the Centr...
Commissioner of Income-tax, Bombay City-iv Vs. India Re-insurance Corp ...
Court: Mumbai
Decided on: Oct-21-1983
Reported in: [1984]146ITR477(Bom)
Bharucha, J.1. The question to be answered in this reference under s. 256(1) of the Income-tax Act, 1961, reads thus :'Whether, on the facts and in the circumstances of the case, and having regard to the provision of section 214 of the Act, the interest under section 214 is allowable on the excess amount of advance tax paid determined to be refundable on regular assessment or on any subsequent revision of the assessment on the basis of the appellate order ?'2. The assessee is an insurance company. The assessment year involved is 1966-67. The first order of regular assessment was passed by the ITO on 28th February, 1967. The assessee appealed. The AAC reduced the tax payable by the assessee. The assessee requested the ITO to allow interest under s. 214 on the excess of the advance tax paid determined as a result of the order passed by him on the directions of the AAC. The ITO rejected the request on the ground that interest under s. 214 was allowable on the excess amount of advance tax ...
Indian Oil Corporation Ltd. Vs. Indian Carbon Ltd.
Court: Mumbai
Decided on: Oct-20-1983
Reported in: AIR1984Bom138; 1984(1)BomCR280
ORDER1. This is a notice of motion taken out by the defendants for the stay of the suit under the provisions of Section 34 of the Arbitration Act. 1940 . The Predecessors in title of the plaintiffs entered into an agreement dated 23rd June 1961 under which the plaintiffs agreed to supply to the defendants salable raw petroleum coke produced at the Nunemati Refinery of the Indian Refineries Limited at a price of Rs. 124/- per metric tonne exclusive of excise duty, sales tax and other taxes. The agreement provided that the standard of moisture content of the petroleum coke was as specified in Schedule 'A' annexed to the agreement. The actual moisture contain was to be determined from theme to time by analysis in the laboratory of the said refinery and rebate at the rates specified in Schedule 'B' annexed to the agreement was to be allowed to the purchasers viz. The defendants. Under clause 2. The said agreement was to be initially for a period pof 7 years and was renewable, at the option...
Gannon Norton Metal Diamond Dies Ltd. Vs. Commissioner of Income-tax.
Court: Mumbai
Decided on: Oct-19-1983
Reported in: (1987)61CTR(Bom)25; [1987]163ITR606(Bom)
Desai, J.1. This reference made at the instance of the assessee involves the oft-occurring and occasionally difficult question of deciding whether a particular item of expenditure should be designated as 'capital' or 'revenue'. Allied to the question is the claim of the assessee, which is indicated in the second question referred to us, that in case the court holds that the expenditure cannot be designated as revenue expenditure and is to be held to be capital, then the assessee should be allowed depreciation on the same. A few facts may be stated.2. The assessee-company was incorporated on May 16, 1980. The object of the company was to manufacture diamond and tungsten carbide dies, plugs and tools for wire-drawing and other industries. The promoters of the assessee had been previously importing wire-drawing dies from Sir James Farmer Norton & Co. Ltd. (hereinafter referred to as 'the English Company') and their associate Company Wire Drawing Dies (Manchester) Ltd. of U.K. (hereinafter...
Garda Chemicals Pvt. Ltd. and Three Others Vs. Shri R. Parthasarthy, A ...
Court: Mumbai
Decided on: Oct-15-1983
Reported in: 1984(2)ECC384; 1984(15)ELT18(Bom); [1984]147ITR412a(Bom)
1. This petition under Section 482 of Criminal Procedure Code and Article 227 of the Constitution of India has been filed for quashing the proceeding of the Criminal Case No. 218 of 1980 pending in the Court of the Judicial Magistrate, F. C. Kalyan and also for setting aside the order of issue of summonses against the petitioners.2. The Petitioner No. 1 is the private limited company incorporated under the Companies Act, 1956 - having its office at 48, Hill Road, Bandra, Bombay-400050. The business of the first petitioner (hereinafter referred to as the Company) is to manufacture dyes, dye-intermediate and pesticide-intermediates. The Company has its factory in the M.I.D.C. area - Dombivali, District Thane (hereinafter referred to as the company's factory). The second petitioner is the Managing Director of the first petitioner and is in overall charge of the first petitioner. The third petitioner was its Administrative Officer and the 4th petitioner was its Works Manager at the relevan...
Malathi Madhav Potbhare Vs. Madhv Gopal Potbhare and anr.
Court: Mumbai
Decided on: Oct-15-1983
Reported in: AIR1984Bom113; (1984)86BOMLR50; 1983MhLJ1056
ORDER1. The Petitioner had presented a petition in forma pauperis under Order 33. Civil P.C. 1908. On 3rd November. 1982. By this petition she had asked for permission to institute a suit as an indigent person and had asked for permission to institute assist as an indigent person and had asked for declarations relating to a property known as Potshard building` and for further monetary reliefs against the respondents as set out in the petition. After the petition was filed under the provisions of Order 33. Rule 1A read with Rules 212 and 213 of the High Court Rules on the original side an investigation into pauperism was started before the Prothonotary & Senior Master of this court in order to decide whether the permission should be granted to the petitioner to institute a suit in forma pauperis. For the purpose some meetings were held before the Prothonotary & Senior Master and on a number of occasions investigation was adjourned. Before the investigation could be completed the parties...
Narendra Pranjivan Dave Vs. Chunilal Hinduji Oswal
Court: Mumbai
Decided on: Oct-15-1983
Reported in: (1983)85BOMLR568
Sharad Manohar, J.1. By this Writ Petition, the three accused (present three petitioners before me) invoke this Court's jurisdiction under Article 227 of the Constitution of India and Section 482 of the Criminal Procedure Code to quash the order passed by the learned Chief Judicial Magistrate, Kolhapur dated March 23, 1983 issuing process against all of them in pursuance of the complaint of the same date filed by respondent No. 1 as regards the offence committed by the accused against the complainant under Section 420 read with Section 34 of the Indian Penal Code.2. The accused who have not in any way participated in the proceedings before the learned Magistrate urge this Court to hold that the complaint filed by the respondent No. 1 (who will be referred to as the 'Complainant'), read as a whole along with the undisputable facts placed by them before this Court, would show that no offence is disclosed by the Complainant and that, in any event, the admitted factual position must give r...
Elphinstone Spg. and Wvg. Mills Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Oct-14-1983
Reported in: (1984)7ITD333(Mum.)
1. These are two appeals by the assessee-company in respect of the assessment years 1978-79 and 1979-80. We find it convenient to dispose of both the appeals together since a common point is involved.2. The assessee is a public limited company. It would appear that there was some delay in the payment of the dues from the company to the Provident Fund Commissioner. On account of this delay, the assessee had to pay an amount which was treated as interest. In respect of the contributions for the period from July to October 1977, the interest payable amounted to Rs. 21,109. This was claimed as a deduction in computing the income for the assessment year 1978-79. In respect of the period from July 1977 to April 1978, the assessee had to pay a sum of Rs. 53,950 by way of interest. This was claimed as a deduction in computing the income for the assessment year 1979-80.3. We may mention that the assessee-company had a discussion with the Regional Provident Fund Commissioner with reference to t...
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