Mumbai Court June 1984 Judgments
Khandelwal Laboratories (P.) Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-30-1984
Reported in: (1984)10ITD516(Mum.)
1. Only one issue is raised in both these appeals by the assessee, a private limited company, manufacturing drugs and chemicals. The issue is whether the provisions of Section 37(3A) of the Income-tax Act, 1961 ('the Act') would be applicable in respect of certain part of the expenditure incurred by the assessee in printing and distributing booklets which explain the products of the assessee.2. For the assessment year 1979-80, the assessee-company had incurred under the head 'Advertisement' a total expenditure of Rs. 3,80,793. It is admitted by the company that an expenditure of Rs. 1,57,911 would be subject to Section 37(3A). But, the rest of the expenses was claimed to be only in respect of printing and distribution of certain pamphlets and booklets which would explain the nature of the products to the doctors and, therefore, they would be excluded from consideration under the provisions of Section 37(3B)(vii). The ITO and the Commissioner (Appeals) have rejected this claim.3. In re...
Tag this Judgment!Nirlon Synthetic Fibres and Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-30-1984
Reported in: (1984)10ITD484(Mum.)
1. This appeal by the assessee is directed against the order dated 12-6-1981, passed by the Commissioner (Appeals).2. On 14-11-1968, the assessee-company had entered into an agreement with a non-resident company, viz., Zimmers A.G., West Germany, for erection of machinery for their tyre cord plant. It was provided in the said agreement that the payments to be made by the assessee to the said non-resident company would be free of taxes in India.3. On 23-5-1972 the assessee addressed a letter to the ITO, in which the assessee drew attention to the agreement mentioned above and sought information as to what amount should be deducted at source under Section 195 of the Income-tax Act, 1961 ('the Act') while making payments to the non-resident company under the said agreement. This letter was sent under Section 195(2). Another letter dated 30-6-1972, making the same prayer was addressed to the ITO. The latter sought certain information by letter dated 9-7-1973. After receipt of the informat...
Tag this Judgment!Smt. Pannaben H. Mafatlal Vs. First Assistant Controller of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-30-1984
Reported in: (1984)10ITD695(Mum.)
1. These three estate duty appeals relate to the estate of late Seth Hemant B. Mafatlal, who died on 16-8-1971. While ED Appeal No. 46 (Bom.) of 1983 is by the accountable person, Smt. Pannaben H. Mafatlal, the other two appeals are by the department in respect of computation of the value of the deceased's interest in Seth Hemant Family Trust and valuation of his interest in the properties of Seth Hemant Bhagubhai Trust, respectively. For the sake of convenience, we take up the accountable person's appeal first. 1. The Appellate Controller erred in not directing the Assistant Controller to correctly grant of relief under Section 50B and under Section 50 of the Estate Duty Act in accordance with law.This is a general ground and does not require any separate consideration. 2. The Appellate Controller erred in restricting the relief under Section 50B in respect of sale of assets by Seth H.B. Mafatlal (HUF) effected for the purpose of payment of estate duty to one-third of the capital gai...
Tag this Judgment!Y. A. C. Sand Dredging Co. Vs. Eighth Income-tax Officer.
Court: Mumbai
Decided on: Jun-30-1984
Reported in: [1984]10ITD452(Mum)
ORDERPer Shri A. V. Balasubramaniam, Judicial Member-The appellant herein complains that the authorities below have improperly rejected its claim made under section 80J of the income-tax Act, 1961.2. The appellant is owning dredgers with the help of which sand is removed from the bottom of sea and sold thereafter. The dredgers, sometimes, are also leased to others. A claim was made before the ITO under section 80J which was rejected by the authority on the reason that there is no manufacturing process carried out by the appellant and that, it is not an industrial undertaking within the provision mentioned above. This view was accepted by the AAC in the appeal preferred by the appellant.3. It was contended on behalf of the appellant that harder areas involving rocks, boulders, etc., beneath the water are to be crushed in order to reach the sand and this process is a manufacturing one. We were asked to refer CIT v. M. R. Gopal : [1965]58ITR598(Mad) and Singh Engg. Works (P.) Ltd. v. CIT ...
Tag this Judgment!Addl. Fourth Wealth-tax Officer Vs. S.N. Desai
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-29-1984
Reported in: (1984)10ITD492(Mum.)
1. The assessee is an individual. The appeals are all filed by the department and the cross-objections by the assessee. While several issues relating to valuation and also the nature of some properties being agricultural were raised before the WTO and subsequently before the Commissioner (Appeals) in the departmental appeals, the only issue ultimately before the Tribunal relates to the valuation of several immovable properties and also the value adopted in respect of compensation to be received for an item of immovable property acquired by the Government. Objection has been raised in the departmental appeals against the Commissioner accepting the assessee's claim that in respect of the Topiwala theatre, a business asset included in the net wealth, a sum of Rs. 6 lakhs and odd representing assets lost to the assessee should be deducted from the net wealth or in the alternative, be deleted from the net wealth as non-existent assets. The assessee filed returns of net wealth for these yea...
Tag this Judgment!First Income-tax Officer Vs. Yash Raj Chopra
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jun-29-1984
Reported in: (1984)10ITD709(Mum.)
1. The effective ground in this departmental appeal relating to the assessee's assessment for the assessment year 1980-81 is against the deletion of the disallowance of Rs. 2,21,839 made out of advertisement expenses by the ITO under Section 37(3A) of the Income-tax Act, 1961 ('the Act'). The assessee, an individual, is a film producer. During the year under appeal, he has released two pictures styled 'Kalapathar' and 'Noori'. Finding that the assessee had incurred expenditure of Rs. 14,78,920 on advertisement on the above two pictures, the ITO has, by applying the provisions of Section 37(3A), disallowed a sum of Rs. 2,21,839 out of it being 15 per cent of the total expenditure. The assessee's contention that his case was covered by the provisions of Section 37(3D) and that, therefore, the disallowance was not justified has been rejected by the ITO who has also rejected the assessee's alternative claim that in case a disallowance is at all justified, it would have to be restricted to...
Tag this Judgment!Ruby Mills Limited and Another Vs. Union of India and Another
Court: Mumbai
Decided on: Jun-29-1984
Reported in: [1985]57CompCas193(Bom)
Pratap, J.1. This petition under art, 226 of the Constitution raises a short but interestingquestion relating to interpretation of ss. 309 and 310 of the Companies Act, 1956, viz :'Do the professional fees and charges payable by a company to an advocate and solicitor, who also happens to be its director, continue to constitute 'remuneration ' within the meaning thereof in ss. 309 and 310 of the Companies Act even after the Central Govt. express its opinion affirmatively in terms of the proviso to s. 309(1) ?'2. Facts, abbreviated to the relevant minimum, are as below.3. The second petitioner, J. D. Masani, is a qualified advocate and solicitor and has been practising as such since about 1965. He joined M/s. N. C. Dalal & Co., a firm of advocates and solicitors (hereinafter 'the said firm'), as a partner and later from February, 1977, became its sole proprietor. This firm has been rendering professional service to the first petitioner, the Ruby Mills Ltd. (hereinafter 'the company') for...
Tag this Judgment!Hasmukh Balubhai Shah Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Jun-29-1984
Reported in: 1985(2)BomCR469
V.S. Kotwal, J.1. The whole foundation of ventilating the grievance by the petitioner claiming privilege for not being examined as prosecution witness in a criminal case is obviously misconceived having regard to the facts and circumstances of the case. The learned Magistrate while negativing the said contention has assigned cogent reasons on application of mind. All the facts considered in proper perspective make it clear that there is no reason whatsoever to upset the impugned order in this proceeding initiated under Article 227 of the Constitution of India and under the inherent powers under section 482 of the Code of Criminal Procedure, as also the revisional jurisdiction under section 397 of the Code of Criminal Procedure.2. On the basis of a report by the Investigating Officer, the Company Law Board, Bombay a formal complaint came to be lodged by the Regional Director, Company Law Board, Bombay, one Shri Rajagopalan, in September 1972 under section 154 of the Code of Criminal Pro...
Tag this Judgment!Ninth Income-tax Officer Vs. Mrs. Padma H. Koregaonkar.
Court: Mumbai
Decided on: Jun-29-1984
Reported in: [1984]10ITD388(Mum)
ORDERPer Shri D. V. Junnarkar, Accountant Member - The assessee had a building called Sahyadri at Sawarkar Nagar, Poona. It appears that there was a very heavy rain in Poona on 9-10-1975, in consequence of which the building collapsed and was reduced to rubble. The assessee claimed that she had sustained a capital loss or Rs. 3,33,264, being the estimated value of this property as, according to the assessee, the very asset, namely, the building, having been destroyed, her right in the property was extinguished. Therefore, this was a capital loss. The ITO, however, held that there was no transfer, within the meaning of section 2(47) of the Income-tax Act, 1961 (the Act) in the instant case. He, therefore, rejected the assessees claim.2. The assessee appealed before the Commissioner (Appeals.). The Commissioner (Appeals) referred to the Gujarat High Court decisions in the cases of CIT v. Vania Silk Mills (P.) Ltd. : [1977]107ITR300(Guj) and CIT v. R. M. Amin : [1971]82ITR194(Guj) wherein...
Tag this Judgment!Central Bank of India Vs. Indian Light Gauge Metal Products Pvt. Ltd.
Court: Mumbai
Decided on: Jun-26-1984
Reported in: [1987]61CompCas312(Bom)
S.P. Bharucha, J.1. The suit is filed by a bank against the acceptor of a bill of exchange. An objection is raised by counsel for the defendants to the admissibility of the bill in evidence on the ground that it is not duly stamped.2. The bill is drawn on hundi paper. It has 17 such hundi papers stitched together to make up the value of stamp fee required. The bill is written only on the face of the first sheet. There is towards the bottom of the first sheet a round rubber stamp bearing the name of the plaintiffs' Veer Nariman Road Branch. Within it the following is written : 'L.B.D. 2/22'. The 16 succeeding hundi papers of the bill are blank except for the same round rubber stamp at the bottom of each, with the same contents.3. Section 35 of the Indian Stamp Act, 1899, states that no instrument chargeable with duty shall be admitted in evidence unless it is duly stamped. 'Duly stamped' is defined to mean, as applied to an instrument, that it bears an adhesive or impressed stamp of not...
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