Mumbai Court December 1983 Judgments
income-tax Officer Vs. Daks Copy Services (P.) Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1983
Reported in: (1984)8ITD245(Mum.)
1. Since common contentions are involved in these two appeals filed by the revenue, they are disposed of by a common order for the sake of convenience.2. The assessee is a company, which derives income from photocopying of documents. These appeals relate to its income-tax assessments for the two assessment years 1979-80 and 1980-81, for the previous years ended 31-3-1979 and 31-3-1980, respectively.3. to 8. [These paras are not reproduced here as they involve minor issues].9. In the next ground, the revenue objects to the order of the Commissioner (Appeals) directing the ITO to allow investment allowance by holding that the assessee is a manufacturing company. The ITO had negatived this claim for such investment allowance in both the years for the reason that the assessee-company was not engaged in the production of any article but that it only earned income by photocopying of documents, which could not be considered as a manufacturing activity. In this connection, the ITO relied on t...
Tag this Judgment!income-tax Officer Vs. Vine Chemicals Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1983
Reported in: (1983)5ITD91(Mum.)
1. Since these three appeals filed by the revenue relate to the same assessee, they are disposed of by a common order, for the sake of convenience.2. These three appeals arise out of the income-tax assessments of Vine Chemicals Limited, UK, for the three assessment years 1973-74, 1974-75 and 1978-79. The assessee follows the calendar year as its previous year. As the dispute in these appeals for the first two years involves a common point, we will consider them first.3. The assessee-company was originally known as Barium Chemicals Ltd. till 30-4-1974, when its name was changed to its present name, namely, Vine Chemicals Ltd. and it is a non-resident company.4. For the assessment year 1973-74, for the previous year ended 31-12-1972, the ITO issued a notice under Section 147(a) of the Income-tax Act, 1961 ('the Act'), in response to which the assessee filed a 'nil' return. In Part III of the return, the assessee stated that a sum of Rs. 5,00,000 was receivable from Metazinc (P.) Ltd. an...
Tag this Judgment!income-tax Officer Vs. P.C.A. Engineers Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1983
Reported in: (1984)8ITD518(Mum.)
1. We find it convenient to dispose of three appeals together. The assessee has come on appeal for the assessment year 1978-79. Both the assessee and the department are on appeal for the assessment year 1979-80. The assessee is a public limited company. It is a subsidiary of Pressure Cookers & Appliances Ltd. The accounting year in respect of the assessment year 1978-79 is the year ended 31-5-1977. The company had changed the accounting year to be in conformity with the accounting year of the holding company. Thus, for the assessment year 1979-80, the accounting year ended on 30-9-1978. The assessee has established a unit for fabricating/assembling cookers in semi-finished stages.2. For the assessment year 1978-79, the two issues raised by the assessee are the computation of capital for the purpose of Section 80J of the Income-tax Act, 1961 ('the Act'). The assessee's contention is that borrowed capital should also be considered as capital employed.This contention has to be reject...
Tag this Judgment!First Income-tax Officer Vs. Radhasaran (P.) Religious Trust.
Court: Mumbai
Decided on: Dec-30-1983
Reported in: [1986]17ITD372(Mum)
ORDERPer Shri V. Balasubramanian, Vice President - The assessee-trust is assessed in the status of an association of persons. The assessees claim for relief under section 80L of the Income-tax Act, 1961 (the Act) was disallowed by the ITO on the ground that such relief is allowable only to individuals and HUF and in those exceptional cases of husband and wife of the formerly Portuguese territories.2. On appeal, the AAC held that the true status of the assessee ought to be individual and not an AOP. He, therefore, held that the assessee was entitled to deduction under section 80L. The department has come up on appeal against this order of the AAC.3. The learned counsel for the department, taking us through the provisions of section 80L, section 164 of the Act and the charging section, etc., has pointed out that the status taken by the ITO of the assessee of an AOP is the correct status in the present case. The AAC, therefore, erred in altering the status in his appellate order of indivi...
Tag this Judgment!income-tax Officer Vs. Sulphur Refinery (P.) Ltd.
Court: Mumbai
Decided on: Dec-26-1983
Reported in: [1986]17ITD430(Mum)
ORDERPer Shri P. J. Goradia, Accountant Member - This is an appeals filed by the revenue on the following ground :'On the facts and in the circumstances of the case and in law, the learned Commissioner (Appeals) erred in cancelling the penalty of Rs. 15,760 levied under section 273(2) (c) of the Income-tax Act, 1961 ?'2. The facts in brief stated are as follows :The assessee filed statement of loss of Rs. 3,199 in Form No. 28A of the Income-tax Act, 1961 (the Act) on 14-6-1978. Since the assessed income as Rs. 3,01,540, the ITO initiated penalty proceedings under section 274/273(2) (c) of the Act. It was submitted that because of accumulated losses and unabsorbed allowances amounting to Rs. 28,897 and because the accounts of the company were required to be audited, they were not available till 1-9-1979, etc., the revised estimate could not be filed. Rejecting the submission of the assessee the ITO levied penalty of Rs. 15,760 by observing that it is statutory liability of the assessee ...
Tag this Judgment!Supreme General Films Exchange Private Limited Vs. Durgaprasad Jannath ...
Court: Mumbai
Decided on: Dec-23-1983
Reported in: AIR1984Bom131
1. This appeal is preferred by the original Plaintiff M/s . Supreme General Films Exchange PVt. Ltd., Company, against the order passed by learned Civil Judge (Senior Division ) rejecting its application for ad interim injunction under Order 39, Rules 1 and 2, C. P. Code.]2. A few relevant facts are these: The plot in question on which the cinema-theatre runs under the name and style 'Shri Talkies' exists belongs to the respondent (defendant). He had leased out the open plot on 28-2-1945 to one Chunnilal Desai for a period of twenty years. In the year 1962, respondent Durgadas came to know that his tenant Chunnilal had inducted the present appellant. He, therefore, filed Special Civil Suit No. 34 of 1964 against his lessee Chunnilal for eviction and mesne profits in which he also impleaded the present appellant. The trial Court had partly decreed the claim but the relief of ejectment, however. Was denied. Two appeals therefore, were preferred - one by owner durgaprasad and the other by...
Tag this Judgment!Ramesh Bhauraoji and anr. Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Dec-23-1983
Reported in: II(1984)ACC40
Ginwala, J.1. The two petitioners in these two petitions question the validity of notices dated 27-10-1983 served on them by the respondent State Government in the purported exercise of power under Sub-section (2) of Section 8 of the Road Transport Corporations Act, 1950 and Rule 4A of the Bombay State Road Transport Corporation Rules (hereinafter referred to as 'the Act' and 'the Rules' respectively) terminating their appointment as Directors of the Board of Directors of the Maharashtra State Road Transport Corporation with effect from 30-11-1983. Since a common question of law is involved in both these petitions, they are disposed of together by this judgment. In view of the urgency of the matter, on 30-11-1983 we had recorded the operative order dismissing both these petitions. We now proceed to record our reasons in support of the same.2. Before dealing with the rival contentions of the parties it would be convenient at the outset to note the relevant provisions of the Act as they ...
Tag this Judgment!Sampat Kumar Somani Vs. Thirteenth Wealth-tax Officer.
Court: Mumbai
Decided on: Dec-22-1983
Reported in: [1986]17ITD449(Mum)
ORDERPer Shri I. S. Nigam, Accountant Member - There three appeals relating to the assessment years 1973-74 to 1975-76 filed by the assessee against the consolidated order of the AAC, Central Range-I, Bombay deal with common issues and are, therefore, for the sake of convenience, disposed of by a consolidated order.2. The assessee is an individual. Among the claims made before the WTO, in the course of the assessment proceedings was the claim of deduction of debts amounting to Rs. 6,39,266 for the assessment year 1973-74, Rs. 6,63,304 for the assessment year 1974-75 and Rs. 7,00,233 for the assessment year 1975-76. The WTO, however, held that these debts were incurred in relation to and for the purpose of acquisition of shares the value of which amounted to Rs. 10,54,017 for the assessment year 1973-74, Rs. 10,22,919 for the assessment year 1974-75 and Rs. 8,33,853 for the assessment year 1975-76. He, therefore, disallowed the claim of deduction of the debts in the same proportion as t...
Tag this Judgment!Dipashri Vs. Life Insurance Corporation of India and Others
Court: Mumbai
Decided on: Dec-21-1983
Reported in: [1985]58CompCas178(Bom)
Pendse, J.1. It is unfortunate that the petitioner, a widow, is required to approach this court for seeking relief against respondent No. 1, Life Insurance Corporation, for securing the amount under the policy taken out by her deceased husband and it is more regrettable that the Corporation should resist these proceedings and try to defeat the just claim of the widow on technical contentions.2. The unfurling of facts would disclose the sorrow plight of a young widow who had to bring up three minor children when her husband died in an unfortunate accident. The petitioner's husband was employed as a clerk in Mackinnon Mackenzie P. Ltd., for about 19 years. The deceased husband of the petitioner took out a double benefit policy while in the employment. The deceased husband submitted to respondent No. 1 a proposal for issue of an endowment policy under Table 25 for 20 years Rs. 30,000 on July 5, 1975. The monthly premium on the said policy were to be paid directly through the salary saving...
Tag this Judgment!Brooke Bond India Ltd. Vs. Dinkar Landge
Court: Mumbai
Decided on: Dec-21-1983
Reported in: [1984]56CompCas1(Bom)
Gadgil, J.1. This is an appeal filed by the defendants in S.C.No. 6778 of 1983, against an order granting an ad interim injunction. This order was passed in Notice of Motion No. 6 6107 of 1983, taken out in the abovementioned suit.2. The impugned order is an ex parte ad interim injunction. The contention of the appellant is that this injuction is so palpably untenable that the appellant would be entitled to make successful grievance about it in this appeal. shri Setalwad for the appellants submitted that, according to him, a mere reading of the plaint as also the affidavits in support of the notice of motion would show that the suit is nothing but the misuse of the process of law. He also urged that consequently no injuction ought to have been issued in such a litigation. As against this, it was contended on behalf on behalf of the respondent-plaintiff that the plaintiff has a cause of action as mentioned in the plaint and that there is nothing improper on the part of the plaintiff to ...
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