Mumbai Court December 1984 Judgments
income-tax Officer Vs. M.L. Apte
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-27-1984
Reported in: (1985)12ITD491(Mum.)
1. This is an appeal filed by the revenue against the order of the Commissioner (Appeals).2. The assessee is an individual, who was a partner in the firm, V.S.Apte & Sons. On 2-4-1974, the assessee transferred 2500 shares of Laxmi Vishnu Textile Mills Ltd. to the firm as capital contribution at the prevailing market rate of Rs. 212.50 per share. The ITO did not accept the assessee's claim that the transfer of shares by the assessee to the firm, of which he was a partner, as his capital contribution, did not amount to a 'transfer' within the meaning assigned to it under Section 2(47) of the Income-tax Act, 1961 ('the Act'), and, therefore, there could be no capital gain arising out of this transfer. The ITO, therefore, worked out the capital gain on the transfer of these shares at the rate of Rs. 61.50 per share and worked out the capital gains at Rs. 1,53,750. Since the shares were held for less than 60 months before the transfer, the capital gain was treated as short-term capital...
Tag this Judgment!Mohammed BIn Ahmed Vs. Collector of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Dec-26-1984
Reported in: (1985)(21)ELT341Tri(Mum.)bai
1. The revision application filed before the Central Government against the Order No. 314 of 1990, dated 24-4-1980 passed by the Central Board of Excise and Customs, statutorily stood transferred to the Tribunal for being heard as an appeal.2. The appellant by a telegram sought for an adjournment on the ground that due to election he could not come today. After going through the records, I did not consider it necessary to grant an adjournment sought for. Heard Shri Krishan Kumar. The appellant holding Indian Passport arrived at Bombay airport on 3-5-1978 from Dubai after a stay of one year and 4 months. He made a declaration before the Customs that he had two gold bars and four gold sovereigns which he had brought to make ornaments and take them back on his departure from India. He also produced them before the Baggage Officer. In his statement recorded on 3-5-1978, among other things the appellant stated that the said gold bars and coins imported by him were given to him by his siste...
Tag this Judgment!Ramesh Jayantilal Shah Vs. Additional First Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-26-1984
Reported in: (1985)12ITD622(Mum.)
1. These are two cross-appeals by the accountable person and the department against the findings of the Appellate Controller. We will take up first the department's appeal.2. The first ground is the exclusion of Rs. 13,500 from the value of the property, which had been sold immediately after the death of the deceased. During his lifetime, the deceased had entered into an agreement for the sale of a property. In that agreement itself, the deceased had taken over half of the expenditure in respect of, stamp duty, registration fees, etc., for conveying the property. After his death, the property was conveyed by the legal representatives. The Assistant Controller adopted the sale price as the value of the property. The Appellate Controller had directed that the share of the deceased in the stamp duty amounting to Rs. 13,500 should be allowed as a deduction. The case of the department, as made out by Shri Srivastava, is that such a deduction is not allowed as per the provisions of the Esta...
Tag this Judgment!Kumudini Ramdas Shah Vs. K.M. Mody and ors.
Court: Mumbai
Decided on: Dec-21-1984
Reported in: AIR1985Bom320; 1985MhLJ454
Vaze, J.1. 'The Cheshire Cat vanished quite slowly, beginning with the end of the tail, and ending with the grin, which remained some-time after the rest of it had gone. 'Such was the 'Alice in Wonderland' story of Kumudini Shah, an auction purchaser, who purchased a property formerly known as 'Globe Theatre' and surroundings buildings, as well as a three storeyed building known as 'Globe Chawl', situate in City Survey Nos. 18 and 19-A, Shukrawar Peth, Poona, which has subsequently been numbered as 1100 and 1101, Budhwar Peth, Poona, Shah waited for some eleven years to get possession of the property and when she got it, found that mesne profits for all those years except the least three have vanished like the Cheshire Cat.2. This property, along with other, formed the subject matter of a Civil Suit No. 82 of 1952 in the Court of Civil Judge, Senior Division, Poona. This suit was filed by a mortgage against the mortgagors and other subsequent mortgages for foreclosure and realisation o...
Tag this Judgment!Mohan Mallu Rathod and ors. Vs. State of Maharashtra
Court: Mumbai
Decided on: Dec-21-1984
Reported in: 1985(2)BomCR633
M.S. Jamdar, J.1. The petitioners have filed this petition under Article 227 of the Constitution of India and section 482 of the Code of Criminal Procedure for quashing the orders passed by the Special Judge, Kolhapur on five applications filed by the petitioners for various reliefs in Special Case No. 1 of 1983.2. Petitioner Nos 1 to 13 (Original Accused Nos. 1 and 4 to 15 in Special Case No. 1 of 1983) are public servants being members of the Police force. At the material time petitioner No. 1 was working as a Sub-divisional Police Officer at the city sub-divisional of Kolhapur city. Petitioner Nos. 3 to 8 who are Police constables were attached to the Laxmipuri Police Station at Kolhapur. Petitioner Nos. 9, 10 and 13 were attached to Police headquarters and petitioner Nos. 11 and 12 were working as wireless operators at the Police Control Room at Kolhapur and petitioner Nos. 14 and 15 (original accused Nos. 15 and 17) are panch witnesses who attested the panchanama; alleged to be ma...
Tag this Judgment!First Income-tax Officer Vs. Surajba Patel Trust
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-19-1984
Reported in: (1985)13ITD447(Mum.)
1. These two appeals field by the department relate to the same assessee and so they are heard together and disposed of by this common order for the sake of convenience. The assessment years involved are 1977-78 and 1978-79 for which the previous years ended on 31-3-1977 and 31-3-1978.2. The assessee is a trust assessed under the status of an AOP. The only ground taken in these appeals states that the Commissioner (Appeals) erred in directing that only an amount of Rs. 1,80,000 should be considered as the income of the three beneficiaries of the assessee-trust to be shared equally amongst themselves and that the balance income of the assessee-trust should be allocated to Jhaverbhai Patel Charitable Trust No. II.3. The facts of the case leading to the dispute in these appeals can be briefly stated as follows: The assessee-trust was created by a deed of the trust dated 27-4-1964 by Mrs. Surajben Javerbhai Patel for the benefit of her three grand-daughters, Kumari Nina, Kumari Varsha and...
Tag this Judgment!Huned T. Attari Vs. Seventh Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-19-1984
Reported in: (1985)13ITD215(Mum.)
1. These three appeals by the asses-see relates to the assessment years 1977-78 to 1979-80. The assessee is Tayyeb A. Attari. He is represented by his legal heir Huned T. Attari. The assessee was resident but not ordinarily resident during the relevant years. One of the items of his income was interest income, what has been termed as NDR Account. We were told at the hearing that this NDR account is Non-resident (External) Account opened by the assessee under Rule 3 of the Non-resident (External) Accounts Rules, 1970. These rules were framed under the Foreign Exchange Regulation Act, 1947. We shall proceed on the assumption that it is this account with which we are concerned. In the three years, interest credited in this account was Rs. 12,973, Rs. 20,375 and Rs. 19,377, respectively. The assessee claimed that said income was not includible in computing the total income. He relied on the provisions of Section 10(4A) of the Income-tax Act, 1961 ('the Act'). The ITO as well as the Commis...
Tag this Judgment!Babasaheb Tukaram Nale and ors. Vs. Subhedar Tukaram Phadtare and ors.
Court: Mumbai
Decided on: Dec-19-1984
Reported in: 1985(2)BomCR196; (1985)87BOMLR125
S.N. Khatri, J.1. This is a petition under Article 227 of the Constitution of India and under section 482 Cri.P.C. by original Party No. II in proceedings under section 145 Cri.P.C. challenging the order of the learned Additional Sessions Judge, Satara, passed in Criminal Revision Application No. 142 of 1983. 2. The material facts are these: On 30th June, 1982, the Phalton Police moved the learned Executive Magistrate, Phalton under section 145 Cri.P.C. on the allegation that there existed a dispute between the present petitioners (Party No. II) and the respondents (party No. I) in respect of a house bearing Gram Panchayat No. 167 and an open site bearing Gram Panchayat No. 165 of village Gunavare, which dispute was likely to cause breach of the peace. Thereafter on 12th July, 1982, the police sealed the disputed property by themselves without any order of the learned Magistrate. Ex facie, this action is not supported by an provisions of law. On 15th July, 1982, party No. 1 moved the M...
Tag this Judgment!Miheer Hemant Mafatlal and Others Vs. N. Rama Iyer, Income-tax Officer ...
Court: Mumbai
Decided on: Dec-17-1984
Reported in: (1985)47CTR(Bom)340; [1986]159ITR515(Bom); [1985]21TAXMAN10(Bom)
Bharucha, J.1. The petitioners in these five petitions are the three children, the widow and the mother of the late Hemant B. Mafatlal, who died intestate on August 16, 1971. Each of the petitioners is entitled to a one-fifth share in the estate of the late Hemant. For the assessment year 1972-73, each of the petitioners filed returns of income-tax. Each of them appended to the return a note which read thus :'Shri Hemant B. Mafatlal died intestate on August 16, 1971, survived by the following heirs whose relationship with the deceased is mentioned there against : (1) Mrs. Shardaben B. Mafatlal (mother) (2) Mrs. Pannaben H. Mafatlal (widow) (3) Master Miheer H. Mafatlal (minor son) (4) Miss Radhika H. Mafatlal (minor daughter) (5) Miss Shalini H. Mafatlal (,, ,,) The estate of Shri H. B. Mafatlal is under administration and the estate is filing its return of income and wealth separately to the Income-tax Officer, A-V Ward, Bombay. In the meantime, i.e., pending administration of the est...
Tag this Judgment!Karfule Pvt. Ltd. Vs. Commissioner of Sales Tax
Court: Mumbai
Decided on: Dec-17-1984
Reported in: [1986]61STC216(Bom)
Kania, J.1. These are four petition under section 21(2) of the Bombay Sales of Motor Spirit Taxation Act, 1958 (referred to hereinafter as 'the Motor Spirit Taxation Act'), for directing the Sales Tax Tribunal to forward to this Court statements of the case and to refer to this Court for determination the questions set out in the prayers of the petitions. The assessment years to which the petitions relate are the assessment years 1970-71, 1973-74, 1974-75 and 1975-76. Although the prayers in the petitions are for directing the Tribunal to refer several question to this Court for determination, before the Sales Tax Tribunal the applications were only for referring to this Court for determination of one question, and that question is as follows :'Whether, on the facts and circumstances of the case, the department of sales tax ought to have made an order for refund on admitted shortage of sale of motor spirit and, if so, the applicant is entitled to the said refund from the opponent ?'2. ...
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