Mumbai Court December 1990 Judgments
Hindustan Lever Ltd. Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1990
Reported in: (1991)36ITD585(Mum.)
1. These six appeals are taken for disposal by a common order as they involve similar facts and similar issues.2. The facts leading to the order under Section 154/155(5), as recorded by the Assessing Officer for assessment year 1973-74 are in the following terms :- It is seen from income-tax records for assessment years 1981-82 and 1982-83 that the assessee company has scrapped/discarded/written off plant and machinery which was installed and put to use during the previous year ended 31-12-1972, relevant to the assessment year 1973-74. The assessee company had claimed development rebate of Rs. 10,468 on these items of plant and machinery for assessment year 1973-74 and the same was allowed.3. The assessee was issued with the notice to show cause as to why the development rebate/investment allowance granted to them be not withdrawn under Section 154/155(5) of the Act. Similar action was taken for the subsequent years 1974-75, 1975-76 and 1978-79 to 1980-81.4. In the course of the heari...
Tag this Judgment!Central Cloth Co. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1990
Reported in: (1991)37ITD1(Mum.)
1. The assessee-appellants in these appeals belong to the same group.The appeals were heard on two dates, viz., 12-11-1990 and 13-11-1990.ITA Nos. 6614 to 6618/ BOM/89 were heard on 12-11-1990, while ITA Nos.6619,6620,6621,6622 and 6624/Bom/89 were heard on 13-11-1990. The learned authorised representatives of the assessees made a categorical statement that the speaking orders of the learned lower authorities are in ITA No. 6615/Bom/89 and, accordingly, he addressed the Tribunal in that file. He has placed on the file of the ITAT a paper book (19 pages). Facts and circumstances of the cases, the stand of the assessee and the reasoning of the learned lower authorities are said to be identical. The learned departmental representative, appearing for the revenue, conceded this position to be so. In view of the above, in ITA No. 6615/Bom/89, i.e., in the case of Supreme Corporation, the issue is being discussed and in all other cases the same fate shall follow.2. The assessment year involv...
Tag this Judgment!Banque National De Paris Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-31-1990
Reported in: (1991)39ITD224(Mum.)
1. These two appeals - one by the assessee and the other by the revenue -are directed against the order of the CIT(A), for the assessment year 1982-83. For the sake of convenience, both the appeals are being disposed of by this common order.2. The first dispute raised in assessee's appeal is with regard to the applicability of the provisions of Section 40A(5) of the Income-tax Act, 1961, which according to it, is in violation of Art. 111(3) of the Double Taxation Avoidance Agreement between Government of India and France. We find no discussion on this point in the assessment order and for the first time, it was raised as a preliminary objection to the disallowance under Section 40A(5) before the CIT(A). The CIT(A) disposed of this point by observing as under: I have carefully considered the submissions of the assessee and in my opinion they do not carry any force. Article XIX of the treaty clearly lays down that laws in force in either of the contracting States will continue to govern...
Tag this Judgment!Ceat International S.A. Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-27-1990
Reported in: (1991)36ITD603(Mum.)
1. This is an appeal by the assessee against the appellate order of the CIT (Appeals)-VI dated 14-1-1986 for the assessment year 1983-84.2. The appellant herein is a foreign non-resident company. We are concerned with its appeal for the assessment year 1983-84, for which the accounting period shown is the year ended 31-12-1982. During this previous year, the appellant sold 58,776 shares of Ceat Tyres of India (hereinafter referred as "the Indian company") to Indian residents Mr.H.V. Goenka and Mr. S. Goenka. These shares were sold at the rate of Rs. 204 per share for a total consideration of Rs. 1,19,90,304. The assessee was allotted 68,850 shares of the lndian company at Rs. 100 per share in full and final satisfaction of the cost of machinery supplied by the appellant company to the Indian company. The appellant company was also allotted 96,390 shares at the rate of Rs. 125 per share on right basis. Thus, in the year 1961 itself, the appellant, namely, the foreign company, was in po...
Tag this Judgment!Mulchand Sampatraj Shah Vs. Assistant Collector of Customs
Court: Mumbai
Decided on: Dec-24-1990
Reported in: 1991(2)BomCR197; (1991)93BOMLR441; 1991CriLJ1405; 1991LC395(Bombay); 1991(53)ELT306(Bom)
1. This Criminal Application has been preferred by the original Accused in Remand Application No. 1246 of 1990 filed before the Court of the learned Chief Metropolitan Magistrate, Bombay, on 4-12-1990 by the Inspector of Customs (Preventive), Marine and Preventive Wing, Bombay. It was alleged that the Department had carried out investigations in respect of the office premises of M/s. Patel Madhavlal Manganlal & Co. (Angadia) and that a large amount of Indian currency an thirteen gold strips had been found. Subsequent to this, further investigations were carried out in the course of which statements of certain persons were recorded and certain other Accused came to be placed under arrest. In the course of the further investigations, it is alleged that the premises of the present Applicant were searched on 1-12-1990. It appears that the Applicant is alleged to have made certain statements to the officers, that they placed him under arrest and that he was produced in the Court on 4-12-199...
Tag this Judgment!East African Match Co Ltd. Vs. Inspecting Assistant Commissioner.
Court: Mumbai
Decided on: Dec-24-1990
Reported in: [1991]39ITD125(Mum)
ORDERPer Shri M. A. Ajinkya Account Member. - These are four appeals relating to the assessment years 1981-82 and 1982-83 filed by the assessee-appellant They were heard together and are disposed of by this consolidated order We will first deal with I. T. A. No. 1234 (Bom.) /85 relating to the assessment year 1981-82.2. The appellant is a non-resident company having its registered office in East Africa. We are concerned with it assessment for the assessment year 1981-82, for which the accounting year ended on 31-3-1981. The appellant had purchased 4,000 equity shares of Rs. 100 each of AEGIS Chemical Industries Ltd. (formerly knows as Atul Drug Co. Ltd.) on 6-10-1960 for Rs. 4,00,000 It got 8,000 bonus shares of Rs. 100 each on 26-8-1966 and another 8,000 bonus shares of Rs. 100 each on 4-1-1967. Thus, the appellant company had total 20,000 equity shares of Rs. 100 each. There was a conversion of equity shares of the face value of Rs. 100 into that of the fact value of Rs. 10 and conse...
Tag this Judgment!State of Maharashtra Vs. Bhailal Rupsi Shah
Court: Mumbai
Decided on: Dec-21-1990
Reported in: 1991LC34(Bombay); 1991(56)ELT20(Bom)
1. This is an appeal by the State taking exception to the acquittal of the respondent Bhailal Rupsi Shah and Nathalal Rupsi Shah being full brothers and arraigned as accused Nos. 10 and 24 respectively in a prosecution for the alleged commission of offence punishable under Section 120-B Indian Penal Code read with Sections 134(a)(i) and (b)(i) of the Customs Act, 1962 and Section 5 of Imports and Exports (Control) Act, 1947.2. Shortly stated, the case against respondents is that they were participants in smuggling operations carried on for many years together by done Lootha. In fact accused No. 10 was the landing agent of Lootha at Karwar. After interception of some of the consignments of the smuggled goods, Officers of the Customs Department started questioning various person. In the course of this investigation, they learned of the part played by respondents and other person. After completion of the investigation, a charge-sheet came to be lodged and the learned Additional Chief Metr...
Tag this Judgment!Municipal Corporation of Greater Bombay and anr. Vs. Laxman Saidoo Tim ...
Court: Mumbai
Decided on: Dec-21-1990
Reported in: 1991(2)BomCR353
M.F. Saldanha, J.1. This is a writ petition filed by the Municipal Corporation of Greater Bombay directed against an order dated 6-1-1989 passed by the Member of the Industrial Court, Bombay, in Complaint (ULP) No. 558 of 1988. In the month of March 1988, the three respondents, who are employees of the Municipal Corporation, were placed under suspension pursuant to the loss of a certain amount of money which was kept in one out of three bags and which had been entrusted to them for the purpose of disbursement of wages to municipal employees. The Bombay Municipal Corporation, prima facie, held the three respondents responsible for the loss in question and they were, therefore, placed under suspension on 23-3-1989, pending disciplinary proceedings. A complaint came to be filed in the month of April 1988 by these employees under the provisions of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'the M.R.T.U. and P....
Tag this Judgment!Charbhuja Metal Corpn. Vs. Thirteenth Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-20-1990
Reported in: (1991)39ITD102(Mum.)
1. This appeal is directed against the order of the Appellate Assistant Commissioner dated 1st January, 1986, pertaining to the assessment year 1980-81.2. The assessee is a registered firm. Return of income was due to be filed by 30th June, 1980 but the same was filed on 19th May, 1982. The ITO therefore, initiated proceedings for levying penalty under Section 271(1)(a) of the Income-tax Act. He had issued a notice to the assessee to show cause but there was no response by the assessee. In the circumstances, the Assessing Officer had imposed a penalty of Rs. 9,416, which was confirmed in appeal by the AAC.3. In the appeal before us the learned counsel for the assessee has argued that the return of income could not be filed in time due to unavoidable circumstances. He has, however, submitted that the total tax payable by the firm came to Rs. 8,663 but the assessee-firm had paid advance tax and TDS amounting to Rs. 15,775. Thus a sum of Rs. 7,112 was refunded to the assessee. It was, th...
Tag this Judgment!income-tax Officer Vs. Havero Industries Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Dec-20-1990
Reported in: (1991)36ITD611(Mum.)
1. This appeal is directed against the order of the Commissioner of Income-tax (Appeals) dated 27th March, 1986 pertaining to the assessment year 1977-78.2. The assessee had to pay a sum of Rs. 1,61,689.20 by way of damages under Section 14B of the Employees Provident Fund and Miscellaneous Provisions Act, 1952 (hereinafter referred to as'the Act')- A further sum of Rs. 8,976.33 was paid by way of penalty on account of the late payment of ESIC dues for the years 1971-72 to 1974-75. The assessee had claimed deduction for these amounts, which was denied by the ITO.3. In the appeal before the CIT(A), it was contended for the assessee that although labelled as damages and penalties for the delayed payment of theP.F. dues and ESIC dues, the payments cannot be treated as penalty for infraction of statutory provisions. It was contended that the levy in fact represents interests charged by the Government for delayed payment and is, therefore, an admissible deduction under Section 37(1) of the...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »