Mumbai Court April 1987 Judgments
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R.B. Seth Shreeram Durgaprasad and Fatechand Narsingdas (Export) Firm ...
Court: Mumbai
Decided on: Apr-08-1987
Reported in: (1987)63CTR(Bom)76; [1988]170ITR23(Bom)
Bharucha, J.1. This reference, made at the instance of the assessee, raises a pure issue of law. Detailed facts need not, therefore, be stated.2. The assessee is a partnership firm, constituted in 1946. Its partners were the directors of a private limited company called RBSD Pvt. Ltd. Raids were conducted in August/September, 1963, on the premises of the company and various documents were seized. Upon examination thereof, notices under section 148 of the Income-tax Act, 1961, were issued by the Income-tax Officer to the assessee seeking to reassess it for the assessment years 1950-51 to 1958-59. The assessee failed to respond to the notices under section 148. On March 26, 1970, the Income-tax Officer made reassessments for these assessment years under section 147 read with section 144 of the said Act. Appeals were filed before the Appellate Assistant Commissioner and thereafter before the Income-tax Appellate Tribunal. It is not in dispute that whereas the issue in the third question b...
Sahyadri Sahakari Sakhar Karkhana Ltd. and ors. Vs. Ganpatrao Panduran ...
Court: Mumbai
Decided on: Apr-08-1987
Reported in: (1993)IIILLJ587Bom
V.V. Vaze, J. 1. One Ganpatrao Pandurang Suryawanshi, in the employment of Sahyadri Sahakari Sakhar Karkhana Ltd. Karhad, after being dismissed for misconduct, challenged the same by filing an application under Section 78 of the B.I.R. Act, 1946. The Karkhana filed a counter-statement contesting the claim of Suryawanshi. Issues were framed by the Labour Court and evidence was being led. At that stage, the employer-Karkhana filed an application to the effect that a preliminary issue may be framed as to whether the enquiry held is legal and proper. This application was rejected by the Labour Court and an Appeal preferred before the Industrial Court having been dismissed, the present petition has been filed by the employer.2. The Industrial Court found fault with the reasoning of the Labour Court that the application being under the B.I.R. Act, there is no provision nor need to consider in a preliminary way the propriety of preliminary enquiry. However, on the authority of Shambhu Nath Go...
Commissioner of Wealth-tax Vs. Pratap Bhogilal and Another
Court: Mumbai
Decided on: Apr-07-1987
Reported in: (1987)63CTR(Bom)51; [1987]167ITR501(Bom)
Sugla, J.1. The only question of law to us in this case at the instance of the Revenue is :'Whether, on the facts and in the circumstances of the case, the liabilities as shown in the balance-sheet of Batliboi & Co. Pvt. Ltd., asset(sic) March 31, 1969 should be further reduced by the sum of Rs. 66,95,020 aforesaid while determining the market value of unquoted equity shares of the company in terms of rule 1D of the Wealth-tax Rules, 1957 ?'2. The assessee, inter alia, held shares of M/s. Batliboi & Co. Pvt. Ltd. (for short 'the company'). The shares were not quoted at any stock exchange and were required to be valued in accordance with the provision of rule 1D of the Wealth-tax Rules, 1957. For the purpose of valuing the shares for the involved assessment year 1970-1971, the pertinent balance-sheets of the company is that as on March 31, 1969.3. The assets side of the balance sheet of the company, inter alia, disclosed an asset in the sum of Rs. 66,95,020 representing advance tax paid...
Chunilal Prabhudas and Co. Pvt. Ltd. and anr. Vs. the Union of India ( ...
Court: Mumbai
Decided on: Apr-07-1987
Reported in: 1988(17)LC138(Bombay)
1. This writ petition concerns the import of SKF ball bearings by the petitioners through the indenting agents of SKF in India, namely, SKEFCO India Bearing Co. Ltd. The petition seeks a declaration that an order passed by the 2nd respondent on 6th April 1985, in identical circumstances, covers the petitioners' import; that clearance of the petitioners' import at the invoice value should be allowed; and that a show cause notice alleging under-invoicing should be quashed.2. The order of the 2nd respondent above-mentioned related to a consignment of SKF ball bearings imported by Mirah Exports (P) Ltd. through the SKF indenting agents, M/s. SKEFCO India Bearing Co. Ltd. A show cause notice in regard to alleged under-invoicing had been issued to Mirah Exports (P) Ltd. in terms nearly identical to the show cause notice impugned in this petition. Considering all the material placed before him, the 2nd respondent ordered that the consignments in question before him should be assessed on their...
Pravinchand Jagjivandas Gandhi and Another Vs. Ibrahim Mohammad Mercha ...
Court: Mumbai
Decided on: Apr-06-1987
Reported in: 1987(3)BomCR29; (1987)89BOMLR307; 1987MhLJ898
ORDER1. Both these petitions are being disposed of by the following common order, as they involve common questions of facts and law.2. Briefs facts relevant for the purpose of the present petitions are : The petitioner in Criminal Writ Petition No. 483 of 1986 filed F.I.R. against the respondent in April, 1980 for the alleged offences under Ss. 451 and 506, I.P.C. The first respondent came to know that some report of a criminal offence had been lodged against him. He therefore filed an application for grant of anticipatory bail before the High Court in the last week of April 1980. Thereafter on 2-4-1980 the respondent was arrested and released on bail. On 4th August, 1980 the first respondent was served with a copy of the charge-sheet in Criminal Case No. 978/P/1980. On 28th April, 1983 the first respondent was acquitted honourably and in fact the trial Court found that the petitioner had given a false report to the Police and issued him a notice to show cause why he should not be aske...
Commissioner of Wealth-tax Vs. V.M. Shah
Court: Mumbai
Decided on: Apr-06-1987
Reported in: (1987)63CTR(Bom)225; [1988]170ITR17(Bom)
Bharucha, J.1. This reference concerns the uncollected fees of a practising chartered accountant and the issue to be considered is whether these fees form an asset upon which wealth-tax may be collected. The questions raised at the instance of the Revenue read thus :'(1) Whether, on the facts and in the circumstances of the case, the Wealth-tax Officer was entitled to include the outstanding fees in the balance-sheet ? (2) If question No. (1) is answered in the affirmative, whether liabilities should also be adjusted in the balance-sheet on accrual basis ?'2. The assessment years with which we are concerned are the assessment years 1964-65 to 1969-70. The assessee was during the previous years relevant to these assessment years, a partner of the firm of M/s. C. M. Shah & Co., Chartered Accountants, and had a 45% share therein. The firm maintained its accounts on cash basis and upon that basis, drew up its balance-sheets and profit and loss accounts for the years under reference. In his...
Previnchandra Jagjivandas Gandhi Vs. Ibrahim Mohammed Merchant and anr ...
Court: Mumbai
Decided on: Apr-06-1987
Reported in: 1987(3)BomCR33; 1987MhLJ855
S.W. Puranik, J.1. In the two Writ Petitions bearing Nos. 483 of 1986 and 485 of 1986, I have already dealt with the facts in this case. However, the legal submissions therein was different than the one involved in the present case hence this petition has been separated from these two petitions.2. The brief facts which are not in dispute may be stated as follows :On 15-4-1980 a First Information Report was lodged by the petitioner Pravinchandra Gandhi against the first respondent alleging offence under section 451 and 506 of the Indian Penal Code. The respondent No. 1 came to know that certain report has been lodged for a non-bailable offence against him. He therefore, approached the High Court for grant of anticipatory bail on 22-4-1980. However, it transpired from the statement made by the Government Pleader that the offence registered against him is bailable and hence the first respondent withdrew the said application. Subsequently, on 24th April, 1980, the first respondent was arre...
Commissioner of Income-tax Vs. New India Mining Corporation (Pvt.) Ltd ...
Court: Mumbai
Decided on: Apr-03-1987
Reported in: (1987)63CTR(Bom)93; [1987]168ITR431(Bom)
S.P. Bharucha, J.1. The real question in this reference, made at the instance of the Revenue, under section 256(1) of the Income-tax Act relates to the interpretation of the terms of a mining lease given to the assessee's predecessor in title by the then Governor of Bombay on April 23, 1940. The lease was of the mines, beds, veins and seams of iron ore in or under the lands referred to in Part I of the Schedule thereto. The lands referred to are at Vengurla in Ratnagiri district in the State of Maharashtra. The lease was granted from April 23, 1940, for a term of 30 years.2. The two clauses with which we are principally concerned are clause 3, dealing with surface rent, in Part V of the lease, which is titled 'Rents and Royalties reserved by this lease', and clause 17, dealing with delivery of mines, etc., in good order, in Part VII, which is entitled 'The convenants of the lessee'. The said clause 3 reads thus :'3. The lessee shall pay to the Government in respect of all parts of the ...
Haribhai Velji Vs. Maharashtra State Electricity Board, Bombay and ors ...
Court: Mumbai
Decided on: Apr-03-1987
Reported in: AIR1988Bom114; 1987(3)BomCR7
Qazi, J.1. The petitioner is registered with the Public Works Department of the Government of Maharashtra as approved Contractor for the whole of the Maharashtra State. The respondent No. 1 Maharashtra State Electricity Board (for short 'the Board') invited tenders vide tender notice dt. 12-12-1986 (Annexure-F). According to the tender notice, blank forms of the tender could be obtained from the office of the Executive Engineer, Nagpur on production of attested copy of the registration, income-tax clearance, solvancy and experience certificate in similar works on payment of Rs. 200/- per copy in cash, from 22-8-1986 to 7-l-1987 during office hours on any working day. The tenders were to be submitted in the office of the Superintending Engineer on or before 9-1-1987. The petitioner as well as the respondentNo. 3 submitted their tenders, but the Board accepted the tender of the respondent No. 3 in preference to the tender of the petitioner. The petitioner contended that the respondent No...
Commissioner of Income Tax Vs. Indian Smelting and Refining Company Lt ...
Court: Mumbai
Decided on: Apr-02-1987
Reported in: (1987)64CTR(Bom)179
Sugla, J.1. The two questions of law referred to us in this reference at the instance of the Revenue are :(1) Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee company was a company in which the public were substantially interested during the two years under reference ? (2) Whether, on the facts and in circumstances of the case, the Tribunal was right in holding that the word 'Building' would also include an addition to the building and accordingly the assessee is entitled to initial depreciation on the cost of the additional floor constructed on the building during the year under reference ?2. The first question came up for consideration before us today in IT Ref. No. 319 of 1975. Following our judgment of this date in that case, the first question is answered in the affirmative and in favour of the assessee.3. As regards the second question, it is seen that the Tribunal has, for coming to the conclusion in favour of the as...
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