Mumbai Court July 1987 Judgments
Heliplastics Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-31-1987
Reported in: (1988)24ITD73(Mum.)
1. This appeal by the asses-see is directed against the order dated 5-3-1984 passed by the Commissioner of Income-tax, Bombay City-Ill, Bombay, in exercise of powers under Section 263 of the Income-tax Act, 1961.2. The assessee-company had taken on lease a plot of land admeasuring 4,226 sq. mtrs. from M.I.D.C. The premium paid by the assessee-company for acquiring leasehold rights was Rs. 3,84,000. The period of lease was 95 years. Clause 7 of the lease deed provided for renewal for a further period of 95 years. The assessed company was required to pay a nominal rent of rupee 1 per annum. The terms of the lease deed have been reproduced in the order of the Commissioner of Income-tax and there is no dispute on these terms.3. On the leasehold plot, the assessee constructed factory building. In the original statement of depreciation, the assessee company had not included the amount of Rs. 3,84,000 as cost of the factory building.However, in the revised statement, the assessee included th...
Tag this Judgment!Photophone Ltd. Vs. Surtax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Jul-31-1987
Reported in: (1988)24ITD148(Mum.)
1. This appeal by the assessee relating to the assessment year 1979-80 arises from the proceeding's for the assessment of surtax.2. The assessee-company had made investment in shares of Photo-phone Projectors Ltd., which was its subsidiary company. The value of investments as determined by the Surtax Officer was Rs. 36,39,447. This amount was reduced from the value of the other assets in computation of capital under the Second Schedule of the Companies Profits (Surtax) Act, 1964. The exclusion of this amount was under Rule 2 of said Schedule of the said Act. The said rule is as follows : 2. Where a company owns any assets the income from which in accordance with Clause (iii) or Clause (vi) or Clause (viii) of Rule 1 of the First Schedule is required to be excluded from its total income in computing its chargeable profits, the amount of its capital as computed under Rule 1 of this Schedule shall be diminished by the cost to it of the said assets as on the first day 'of the previous yea...
Tag this Judgment!Asha Pavro Electronics Pvt. Ltd. Vs. Union of India and Others
Court: Mumbai
Decided on: Jul-31-1987
Reported in: 1988(17)ECC394; 1987(31)ELT661(Bom)
ORDER1. The first petitioner-company is a small scale industrial sector having a factory at Thane. The company has been registered as a small scale industry with the State Government. The company manufacturers small transistor radios since April 1979. It has been manufacturing radios against the order placed by the third respondent viz. M/s. Peico Electronics and Electricals Ltd. The said orders are placed by way of the third respondents' purchase orders on the basis of the specifications supplied by the third respondents to the first petitioners. In accordance with the requirements of their purchaser, the first petitioner labelled the said radios with brand name of the third respondents viz. 'Philips'. On and from April 27, 1979, the first petitioner manufactured and sold to the third respondent two-band transistor radios (Model AL. 252). Thereafter it was discontinued in March 1981. Thereafter from time to time the models have been changed. The petitioners say that they started manuf...
Tag this Judgment!Asha Pavro Electronics Pvt. Ltd. and Shri Ajit Prabhakar Deshpande Vs. ...
Court: Mumbai
Decided on: Jul-31-1987
Reported in: 1988(14)LC405(Bombay)
ORDERH. Suresh, J.1. The first petitioner-company is a small scale industrial sector having a factory at Thane. The company has been registered as a small scale industries with the State Government. The company manufactures small transistor radios since April, 1979. It has been manufacturing radios against the orders placed by the third respondent viz., M/s. Peico Electronics and Electricals Limited. The said orders are placed by way of the third respondents' purchase orders, on the basis of the specifications supplied by the third respondents to the first petitioners. In accordance with the requirements of their purchaser, the first petitioner labelled the said radios with brand name of the third respondents viz. 'Philips'. On and from April 27, 1979, the first petitioner manufactured and sold to the third respondent two-band transistor radios (Model AL. 252). Thereafter it was discontinued in March 1981. Thereafter from time to time the models have been changed. The petitioners say t...
Tag this Judgment!Prashant Kumar Vs. Mancharlal Bhagatram Bhatia and Others
Court: Mumbai
Decided on: Jul-30-1987
Reported in: 1988(1)BomCR31
ORDER1. The petitioner who is the Assistant Collector of Customs and Central Excise, being aggrieved by the order of grant of bail dated the 1st July, 1987 passed by the learned Judicial Magistrate, First Class, Bhiwandi, in a prosecution under S. 135 of the Customs Act, has presented the present Revision Application.2. On the 28th June, 1987 a truck bearing No. MTV 2168 was intercepted near the petrol pump on Agra Road near Bhiwandi S.T. bus stand and 91 packages of 100% polyester texturised yarn of Korian origin came to be seized. On investigation it was revealed that the Respondent No. 1 is a transport agent engaged in smuggling of the aforesaid polyester texturised yarn from Nepal to Seliguri and thereafter to Bhiwandi via Calcutta Respondents Nos. 2 and 3 are partners of Archana Transport Company having their office outside the Octroi Naka of Bhiwandi. They owned two trucks which were engaged by them in transporting the said smuggled yarn from outside the Octroi Naka to various de...
Tag this Judgment!Prashant Kumar, Asstt. Collector Vs. Mancharlal Bhagatram Bhatia
Court: Mumbai
Decided on: Jul-30-1987
Reported in: 1988(37)ELT3(Bom); 1987MhLJ1026
Ashok Agarwal, J.1. The Petitioner who is the Assistant Collector of Customs and Central Excise, being aggrieved by the Order of grant of bail dated the 1st July 1987 passed by the learned Judicial Magistrate, First Class, Bhiwandi, in a prosecution under Section 135 of the Customs Act, has presented the present Revision Application.2. On the 28th June 1987 a truck bearing No. MTV 2168 was intercepted near the petrol pump on Agra Road near Bhiwandi S.T. bus stand and 91 packages of 100% polyester texturised yarn of Korean origin came to be seized. On investigation it was revealed that the Respondent No. 1 is a transport agent engaged in smuggling of the aforesaid polyester texturised yarn from Nepal to Siliguri and thereafter to Bhiwandi via Calcutta. Respondents Nos. 2 and 3 are partners of Archana Transport Company having their office outside the Octroi Naka of Bhiwandi. They owned two trucks which were engaged in transporting the said smuggled yarn from outside the Octroi Naka to va...
Tag this Judgment!Shakti Insulated Wires Pvt. Ltd. and Another Vs. Union of India and Ot ...
Court: Mumbai
Decided on: Jul-30-1987
Reported in: 1989(22)ECC116; 1987(31)ELT623(Bom)
1. The petitioner-company manufacturers different types of electrical wries and for the purpose of electrical wries, the petitioners purchase copper wire bars and aluminium rods/ingots. The wire bars and rods/ingots after being processed into wires are coated with varnish especially manufactured by the petitioners in order to make them insulated. We are concerned with the process of varnishing. The process has been described in para six of the petition and it is as follows :'Manufacturing Process for Varnish : 'DMT', Ethylene Glycel, Glycerine, 'Theic', Trimelletic Anhydride, D.D.M., Zinc Octate and Meta-Cresol (Solvent) are first added in a stainless steel reaction kettle which will be described as 'first kettle'. The first kettle is heated from outside and raw materials inside are stirred. The temperature is slowly increased upto or about 225 degrees Centigrade. Reaction of estrification takes place and bye-products of estrification like methanol and water are removed. The material i...
Tag this Judgment!Prashant Kumar Vs. Mancharlal Bhagatram Bhatia and ors.
Court: Mumbai
Decided on: Jul-30-1987
Reported in: 1988CriLJ1463
ORDERAshok Agarwal, J.1. The petitioner who is the Assistant Collector of Customs and Central Excise, being aggrieved by the order of grant of bail dated the 1st July 1987 passed by the learned Judicial Magistrate, First Class, Bhiwandi, in a prosecution under Section 135 of the Customs Act, has presented the present Revision Application.2. On the 28th June 1987 a truck bearing No. MTV 2168 was intercepted near the petrol pump on Agra Road near Bhiwandi S.T. bus stand and 91 packages of 100% polyester texturised yarn of Korian origin came to be seized. On investigation it was revealed that the Respondent No. 1 is a transport agent engaged in smuggling of the aforesaid polyester texturised yarn from Nepal to Seliguri and thereafter to Bhiwandi via Calcutta. Respondents Nos. 2 and 3 are partners of Archana Transport Company having their off ice outside the Octroi Naka of Bhiwandi. They owned two trucks which were engaged by them in transporting the said smuggled yarn from outside the Oct...
Tag this Judgment!P.M.P. Auto Industries Ltd. Vs. the Union of India (Uoi) and anr.
Court: Mumbai
Decided on: Jul-30-1987
Reported in: 1988(14)LC28(Bombay)
H. Suresh, J.1. The petitioners manufacture what is known as 'push-pull switches, headlight switches and stop-light switches for the motor vehicles and for that purpose they have a factory off Aarey Road, Goregaon (East), Bombay -400 063. The said switches manufactured by the petitioners are parts and accessories of 'motor vehicles' and prior to June 1979 they attracted ad-valorem duty under Tariff Item 34A of the First Schedule to the Central Excises and Salt Act 1944 (hereinafter referred to as 'the said Act'). Tariff Item 34A prior to its amendment by the Finance Act of 1979 stated as follows:Parts and accessories not elsewhere specified, of motor vehicles and tractors, including, trailers.Explanation-The expression 'Motor Vehicles' has the meaning assigned to it in Item No. 34.2. In 1979, the Tariff was amended to include the specified parts and accessories of motor vehicles and tractors, on which duty was payable under Item 34A. The effect of this amendment was that such of the pa...
Tag this Judgment!J.L. Morrisson So. and Jones (India) Ltd., Bombay and Another Vs. Unio ...
Court: Mumbai
Decided on: Jul-29-1987
Reported in: 1988(19)LC214(Bombay); 1988(36)ELT3(Bom)
ORDER1. Under two bills of entry dated September 20, 1978 and October 5, 1978 the petitioners imported two consignments of methyl cellulose. At the time of clearance of the said goods the petitioners were under an erroneous belief that the same was subject to excise duty under Item No. 15A(2) of the First Schedule to the Central Excise and Salt Act, 1944, and they paid an additional duty under Customs Tariff Act, in respect of each of the aforesaid consignments, as follows :(1) Bill of Entry No. 1977,dated 20th September, 1978. Rs. 33,541.40/-(2) Bill of Entry cash No. 467,dated 5th October, 1978. Rs. 2,388.54/-2. After the aforesaid amounts of additional duty were paid by the petitioners, they realised that the said methyl cellulose was not classifiable under Item No. 15A of the First Schedule to the Central Excise and Salt Act, 1944, and the same was not subject to duty under that tariff entry. The petitioners say that the said methyl cellulose fell for classification under residuary...
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