Mumbai Court September 1989 Judgments
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Commissioner of Income-tax Vs. Pitamber Dharsey
Court: Mumbai
Decided on: Sep-26-1989
Reported in: [1990]181ITR502(Bom)
T.D. Sugla, J.1. The only question of law in this reference is :'Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the sum of Rs. 61,000 received as consideration for goodwill by the assessee should not be treated as capital gains for purposes of section 45 of the Income-tax Act, 1961 ?'2. According to Dr. Balasubramanian, learned counsel for the Department, the question is not covered by the Supreme Court decision in the case of CIT v. B. C. Srinivasa Setty : [1981]128ITR294(SC) as the assessee in this case had got the goodwill on dissolution of the firm in which he was a partner and the goodwill was valued at Rs. 3,000 in the deed of dissolution. The assessee's brother, the other partner, it was pointed out, was given one shop and the trade name, while the assessee was given another shop. Though the Income-tax Officer took the value of the goodwill at nil, he did so by applying the provisions of section 49(1)(iii)(b) of the Income-...
Commissioner of Income-tax Vs. Trustees of Shri Teckchand Chandiram Tr ...
Court: Mumbai
Decided on: Sep-26-1989
Reported in: (1989)80CTR(Bom)161; [1990]184ITR537(Bom)
S.P. Bharucha, J.1. The reference raises two questions at the instance of the Revenue. They read thus :'Whether, on the facts and in the circumstances of the case, the assessee was entitled to the exemption of Rs. 8,910 under section 11(2) of the Income-tax Act, 1961 ?; and Whether, on the facts and in the circumstances of the case, the benefit contemplated by section 13(4) was available to the assessee even if the income was brought to tax under section 13(2)(a) of the Income-tax Act, 1961 ?'2. The first question relates to the assessment year 1968-69, the previous year whereof ended on March 31, 1968. The assessee which is a charitable trust had accumulated income in the sum of Rs. 8,910. The Income-tax Officer subjected the said amount to tax on the ground that the trustees had not given a notice for accumulation as required by section 11(2) of the Income-tax, 1961. In the appeal filed by the assessee, it was established that the assessee had given this notice on July 17, 1969. The ...
Airlines Hotel (P.) Ltd. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Sep-25-1989
Reported in: [1990]183ITR429(Bom)
T.D. Sugla, J.1. The only question of law raised in this reference is:'Whether, on the facts and in the circumstances of the case, the assessee is engaged in 'manufacture or processing of goods within the meaning of section 104(4) of the Income-tax Act, 1961?'2. The assessee-company runs a hotel. The proceedings relate to its assessment year 1967-68. The assessment was made under section 143 on a total income of Rs. 94,980 as under: Rs. Business loss 4,251 Dividend (loss) 2,023 Interest on securities 675 Interest on other deposits 1,00,584 ---------------- Total income 94,980 =================3. Being satisfied that dividend distributed by the assessee-company during the previous year was much less than the statutory percentage, the Income-tax Officer, after giving the assessee an opportunity, imposed additional tax under section 104(4) of the Income-tax Act. The assessee's main contention was that it was manufacturing or processing goods in its hotel and, as such, its case was covered...
Commissioner of Income-tax Vs. Kamani Metals and Alloys Ltd.
Court: Mumbai
Decided on: Sep-25-1989
Reported in: [1990]183ITR327(Bom)
S.P. Bharucha, J.1. This reference raises five questions. The first three questions are raised on the application of the Revenue and the fourth and fifth questions on the application of the assessee. The questions read thus:'(1) Whether, on the facts and in the circumstances of the case and in law, the Appellate Tribunal was justified in holding that the deduction of borrowed monies and debts due by the assessee as provided for in rule 19A(3) should be made only in respect of the liability of the new unit without considering the overall liability of the assessee? (2) Whether, on the facts and in the circumstances of the case, the sum of Rs. 2,10,632 being receipt on the transfer of import entitlements was a casual and non-recurring receipt and hence exempt from tax under section 10(3) of the Income-tax Act, 1961? (3) Alternatively, whether, on the facts an in the circumstances of the case, the said sum of Rs. 2,10,632 was capital gains and hence liable to be taxed as such? (4) Whether,...
Commissioner of Income-tax Vs. Unichem Laboratories Ltd.
Court: Mumbai
Decided on: Sep-25-1989
Reported in: [1990]185ITR173(Bom)
T.D. Sugla, J.1. The only question of law referred to this court at the instance of the Revenue reads thus :'Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was right in holding that the sum of Rs. 5,40,000 being the amount of dividend declared from the general reserve of Rs. 50,65,750, was includible in computing the capital for the purpose of statutory deduction under the Companies (Profits) Surtax Act, 1964 ?'2. Dr. Balasubramanian, learned counsel for the Revenue, stated that the question was squarely covered by the Supreme Court decision in the case of Vazir sultan Tobacco Co. Ltd. v. CIT : [1981]132ITR559(SC) in favour of the Revenue.3. Shri Kolah, learned counsel for the assessee, on the other hand, stated that the aforesaid decision was not applicable in this case inasmuch as the dividend in this case was to be distributed out of the general reserve of the earlier years. Referring to a passage from the Tribunal's order in the case of ITO. Com....
Zubeda Bano and Others Vs. Maharashtra State Road Transport Corp. and ...
Court: Mumbai
Decided on: Sep-25-1989
Reported in: 1990ACJ923; (1989)91BOMLR939; [1990(60)FLR858]; (1991)ILLJ66Bom
V.A. Mohta, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (the Act) by the legal heirs of the deceased Abdul Aziz Qureshi, whose claim for compensation under Section 22 of the Act has been dismissed by the Commissioner.2. Abdul Aziz, aged 51, was a bus driver in the service of the Maharashtra State Road Transport Corporation (MSRTC). On 7th November 1983, in the regular course of his employment, he drove a passenger bus from Umred to Nagpur. The bus reached Nagpur about two hours late at 8.30 P.M. The second part of the journey was to commence for destination Girad at 9.30 P.M. The bus was stationed at the bus stand platform, all passengers got down and the conductor Iqbal Shaikh proceeded to issue tickets. When the first two passengers to Girad-Ramchandra and Mohd. Hussain - entered the bus, they found Abdul Aziz lying unconscious on the bonnet and the steering wheel. They reported the mater to the conductor who along with mechanic Mohd. Akram entered...
Zubeda Bano and ors. Vs. Maharashtra Stateroad Transport Corporation a ...
Court: Mumbai
Decided on: Sep-25-1989
Reported in: II(1990)ACC20
V.A. Mohta, J.1. This is an appeal under Section 30 of the Workmen's Compensation Act, 1923 (the Act) by the legal heirs of the deceased Abdul Aziz Qureshi, whose claim for compensation under Section 22 of the Act has been dismissed by the Commissioner.2. Abdul Aziz, aged 51, was a bus driver in the serve of the Maharashtra State Road Transport Corporation (MSRTC). On 7.11.1983, in the regular course of his employment, he drove a passenger bus from Umred to Nagpur. The us reached Nagpur about two hours late at 6.30 p.m. The second part of the journey was to commence for destination Girad at 9-30 p.m. The bus was stationed at the bus-stand platform, all passengers got down and the conductor Iqbal Shaikh proceeded to issue tickts. When the first two passengers to Girad - Ramchandra and Mohd. Hussain - entered the bus, they found Abdul Aziz lying unconscious on the bonnet and the steering wheel. They reported the matter to the conductor who along with mechanic Mohd. Akrem entered the bus,...
Collector of Central Excise Vs. Valia Brothers Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Sep-22-1989
Reported in: (1991)(52)ELT527Tri(Mum.)bai
1. This Appeal has been preferred by the Collector of Central Excise, Thane Collectorate against the Order-in-Appeal bearing No. E- 1983/BII-396/83 (in File No. V-2(15A) 2130/80/42057) issued on 26-10-1983.2. The issue relates to the admissibility of refund claim by the respondents herein, who are manufacturers of padding solution. The respondents had addressed a letter to the Department on 16-11-1971 stating that in their opinion, DMEU, DMPU, and GLYOXAL based padding solutions are not excisable and they will be paying excise duty on the products manufactured, namely DMEU, DMPU under protest. The respondents subsequently filed the refund claim on 19-9-1978 for Rs. 10,15,768.30 for duty paid on four products viz. DMEU (Prym. E), DMPU, BECKAMINE and Prema fresh (all padding solutions) under Item 15A Central Excise Tariff for the period from 1-6-1972 to 20-7-1977 on the ground that upto 28-2-1975 these goods were not excisable under 15A of Central Excise Tariff and thereafter they were ...
Third Income-tax Officer Vs. Nawab Iqbal Mohd. Khan of Palanpur
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Sep-22-1989
Reported in: (1989)31ITD396(Mum.)
1. This case has had a chequered history. The original order passed by the Tribunal on 31-10-1983 in the departmental appeals for the assessment years 1974-75 to 1977-78 has been re-considered and modified on three different occasions consequent to the miscellaneous petitions filed by the assessee and the department. The final order of the Tribunal was passed on 6-10-1988 on the miscellaneous application filed by the assessee on 12-4-1988. The Tribunal has recalled the order originally passed on 31-10-1)983. The matter was re-heard when detailed submissions were made by Shri Ramaswamy on behalf of the department and by Shri Y.P. Trivedi, the learned counsel for the assessee.2. All these four appeals are by the department and they relate to the assessment years 1974-75 to 1977-78. The assessee herein is an individual, who had income from interest on securities, from house property, interest, dividend and director's fees. He had borrowed moneys from Banks and from his wife. Her Highness...
V.M. Kanade Vs. Madhav Gadkari and Others
Court: Mumbai
Decided on: Sep-22-1989
Reported in: 1990CriLJ190; 1989MhLJ1078
Jahagirdar, J.1. This is a petition filed by a practicing advocate of this Court invoking the jurisdiction of this Court under Section 15 of the Contempt of Courts Act for taking action against respondent No. 1. hereinafter referred to as 'the contemner'. The contemner is the editor of a Marathi daily newspaper published from Bombay, called 'Loksatta'. It is said to have the largest circulation among the Marathi newspapers. Respondent No. 2 is a limited company which owns the newspaper of which the contemner is the editor. The State of Mahrarashtra has been joined as respondent No. 3 in the petition.2. Apart from being the editor of the newspaper, the contemner also writes a column in the said newspaper under heading 'Chaupher'. In the issue of Loksatta dated 7th of February 1986, the contemner wrote and published an article with the heading 'Who will stop the downfall of the High Court ?' In this article, there are statements which prima facie amounted to contempt of Court. The petiti...
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