Mumbai Court March 1987 Judgments
Commissioner of Income-tax Vs. P.R. Thakkar
Court: Mumbai
Decided on: Mar-26-1987
Reported in: [1988]170ITR224(Bom)
Bharucha, J.1. Income-tax Reference No. 332 of 1975 relates to the assessment year 1962-63. Income-tax Reference No. 43 of 1974 relates to the assessment years 1963-64 to 1965-66. Both references are made at the instance of the Commissioner in respect of the same assessee and upon the same facts They can, therefore, be disposed of together.2. Income-tax Reference No. 332 of 1975 raises this question :'Whether, on the facts and in the circumstances of the case, the assessee was entitled to the deduction of Rs. 12,000 under section 24(1)(iv) of the Income-tax Act, 1961 ?'Income-tax Reference No. 43 of 197 raises this question :'Whether amounts received by the assessee's wife were liable to be included in the total income of the assessee under section 64(1)(iii)(sic) or section 60 of the Income-tax Act, 1961 ?'3. The assessee owns a half share in a house property known as 'Aarati' and in a house property known as 'Father's Gift'. On December 1, 1960, the assessee executed a deed whereby, ...
Tag this Judgment!Trustees of Kilachand Devchand Foundation Vs. Commissioner of Income-t ...
Court: Mumbai
Decided on: Mar-26-1987
Reported in: (1987)63CTR(Bom)104; [1988]172ITR382(Bom)
S.P. Bharucha J.1. This reference under section 256(1) of the Income-tax Act, 1961, is made at the instance of the Revenue. It raises the following question :'Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,50,000 and Rs. 40,000 received by the assessee-trust from the donors, Dharma Vijay Agency and Kilachand Devchand Charity Trust, as voluntary contributions on capital account constituted 'income' under the Income-tax Act, 1961 ?'2. Involved in the reference is the assessment year 1967-68, the previous year for which ended on December 31, 1966. The assessee is a society registered under the Societies Registration Act, 1860. It has charitable objects. On November 11, 1965, a public charitable trust called the Kilachand Devchand Charity Trust made an offer of a capital donation of Rs. 40,000 to the assessee, which offer was accepted. On December 7, 1965, a public charitable trust called Dharma Vijay Agency made an offer of a capital donation of Rs. 2,50,000 ...
Tag this Judgment!Niranjan Jayantilal Tolia Vs. Union of India and Others
Court: Mumbai
Decided on: Mar-25-1987
Reported in: 1988(36)ELT40(Bom)
Desai, J.1. This is an appeal from the decision of the Single Judge rejecting the Writ Petition in limine. The appellant's main contention has been based upon the provisions contained in Section 48 of the Major Port Trusts Act, 1968. It has been submitted that Section IIIA of the scale of rates charged at the Docks, which was applied by the Single Judge and perhaps could be applied in the manner indicated in the impugned order, would, if the interpretation which was approved by the Single Judge be accepted, be ultra vires of Section 48. We find some merit in the contention. At any rate, it is a legal submission which is required to be examined in depth. It may be true, as submitted by Mr. Chinoy, that this argument was not advanced before the Single Judge and hence not reflected in the impugned order. However, we have gone through the petition and it cannot be accepted that the argument is not reflected in the submissions and/or in the grounds indicated in the petition, although it has...
Tag this Judgment!Bombay Burmah Trading Corporation Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Mar-24-1987
Reported in: (1987)64CTR(Bom)21; [1988]169ITR148(Bom)
Bharucha, J.1. This reference under section 256(1) of the Income-tax Act, 1961, made at the instance of the assessee, goes back to the second World War. The assessee is a public limited company which, prior to the Second World War, was carrying on business in tea and timber in India, Burma and Siam. Consequent upon the Japanese invasion of Siam in or about December, 1941, the assessee's business and property in Siam were abandoned. The business in Siam could not be restarted until December 1, 1945. After Japan surrendered to the Allies, an agreement was entered into, on January 1, 1946, between the Governments of Great Britain India and Siam providing for restitution of injuries done in consequence of Siam's association with Japan in the war. Under the said agreement, the Siamese Government declared as null and void all acquisitions of British territory made by Siam after December 7, 1941, as well as all titles, rights, properties and subjects acquired in such territory since that date...
Tag this Judgment!Shankar K. Thavare Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Mar-24-1987
Reported in: (1995)IIILLJ846Bom
S.M.Daud, J.1. This petition under Article 226 of the Constitution seeks a direction to enforce the award made in favour of the petitioner in application No. (IDA) 399 of 1982.2. Respondent No. 5 was running a business in the name and style of respondent No. 4 and the petitioner was employed in that business. There was a dispute between the employer and employee in respect of dues payable unto the letter. Therefore the petitioner moved the 8th Labour Court at Bombay by means of an application, which application came to be given the number mentioned above. On 4.10.1983, a settlement took place whereunder the employer agreed to pay to the petitioner a sum of Rs. 10,000/- in full and final settlement of his claims. The amount was to be paid on or before 3.11.1983- As normally nap-pens, the payment was not paid and petitioner therefore moved the Labour Court for despatch of certificate of non-satisfaction and recovery of the amount by recourse to coercive measures. The certificate was sent...
Tag this Judgment!Gramaudyogik Shikshan Mandal and anr. Vs. Marathwada University and or ...
Court: Mumbai
Decided on: Mar-24-1987
Reported in: 1987(2)BomCR572; 1988MhLJ87
B.N. Deshmukh, J.1 This petition is filed by Gramaudyogik Shikshan Mandal, Aurangabad, and Marathwada Institute of Technology, Aurangabad. The Gramaudyogik Shikshan Mandal is registered under the Societies Registration Act on 27-1-1976. It is also registered under the Public Trust Act on 13th of March, 1976. The object of the Mandal is to provide educational facilities, with a view to impart technical education. The Marathwada Institute of Technology, Aurangabad, is conducted by the petitioner No. 1. The institute is conducting engineering courses and is affiliated to the Marathwada University.2. In this writ petition Civil Application No. 533/1987 is filed by five students who are taking education in the college run by petitioner No. 1 Gramaudyogik Shikshan Mandal. By this application they wanted to be added as petitioners to the main petition. It is not possible at this late stage to allow them to be added as petitioners but as the decision of the writ petition is likely to affect th...
Tag this Judgment!Commissioner of Income-tax Vs. Jolly Brothers Pvt. Ltd.
Court: Mumbai
Decided on: Mar-23-1987
Reported in: (1987)62CTR(Bom)204; [1988]169ITR72(Bom)
Sugla, J.1. The question of law referred to this court for opinion in this reference made at the instance of the Revenue under section 256(1) of the Income-tax Act, 1961, is :'Whether, on the facts and in the circumstances of the case, the excess amounts realised by the assessee-company were its income chargeable under the head 'Income from business ?'2. On March 5, 1957, the assessee, a company, entered into an agreement with one Sir Mohemad Yusuf, himself a sub-lessee, by which the assessee-company were to take on further sub-lease 80 acres of khari land on payment of a premium at Rs. 1,250 per acre of land and lease rent at Rs. 10 per acre per year. For some reason with which we are not concerned in this reference, the sub-lease deed was not registered, though the assessee-company was put in possession.3. On May 7, 1963, the assessee-company entered into an agreement with one of its sister concerns, Particle Boards Indian Ltd., for giving on sub-lease 19,444 square yards of land out...
Tag this Judgment!Commissioner of Income-tax Vs. Jehangir B. Jeejeebhoy
Court: Mumbai
Decided on: Mar-23-1987
Reported in: [1987]169ITR552(Bom)
Sugla, J.1. The questions of law referred to this court for opinion under section 256(1) of the Income-tax Act, 1961, at the instance of the Revenue are :'(1) Whether, on the facts and in the circumstances of the case, the present case falls within the four corners of section 2(47) of the Income-tax Act, 1961, and capital gain is exigible against the assessee for the assessment year 1964-6 ? (2) Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the Income-tax Officer to recompute the penalty under section 271(1)(a) of the Income-tax Act, 1961, on the basis of the reduced total income, that is, after deletion of the capital gain ?'2. The assessee had entered into an agreement on August 27, 1962, with Vazifdar Jeejeebhoy Property Development Corporation for purchase of 12,140 square yards of land situated at Tardeo for Rs. 22,50,000. There cropped up some disputes and differences between the parties. The dispute was referred to Sir Jamshe...
Tag this Judgment!Cooper Engineering Ltd. Vs. Commissioner of Income-tax, Bombay City-i, ...
Court: Mumbai
Decided on: Mar-23-1987
Reported in: (1987)63CTR(Bom)238; [1988]169ITR66(Bom)
Bharucha, J.1. By a Government resolution dated April 13, 1963, the Government of Maharashtra accorded administrative approval to plans and estimates, the latter amounting to Rs. 7,80,000, for construction by the Maharashtra Housing Board of 200 two-room tenements at Chinchwad, District Pune, under the subsidised Industrial Housing Scheme. Out of the 200 tenements, 100 tenements were to be built for housing eligible industrial workers of the assessee in accordance with a scheme sanctioned under a Government resolution dated July 25, 1963. The remaining 100 tenements would be placed in the general industrial housing pool. An amount of Rs. 1,95,000 was required to be deposited by the assessee with the Maharashtra Housing Board as its contribution. The tenements to be built for the assessee were to be allotted to its eligible workers in accordance with the procedure for allotment laid down in the latterly mentioned Government resolution.2. A note annexed by the assessee, which is part of ...
Tag this Judgment!Sandoz (India) Ltd. and anr. Vs. Union of India
Court: Mumbai
Decided on: Mar-23-1987
Reported in: 1987(3)BomCR437
ORDER1. This petition under Art. 226 of the Constitution is for the quashing of two orders purporting to have been issue under the Drugs (Prices Control) Order, 1979 (DPCO) - these order begin at Exs. M and O appended to the petition.2. Production, transport and supply of essential commodities to the common man is a major concern of the welfare state. Free India, like other such States, has been grappling with the problem in diverse ways. On such method is the framing and implementation of laws. The parent legislation designed to attain this object is the Essential Commodities Act, 1955 (EC Act). Medicinal products, also known as drugs, are essential to the prevention and curing of ailments that afflict the human race. Systems of medicine recognised s native to the country, have been fighting a losing battle against allopathy, and it is the increasing domination of the intruder, that has made the drug industry so suspect - the suspicion, not begin confined to the land mass surrounded b...
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