Mumbai Court April 1990 Judgments
Voltas Ltd. Vs. First Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-30-1990
Reported in: (1990)35ITD498(Mum.)
1 to 5. [These paras are not reproduced here, as they involve minor issues.] 6. In assessee's appeal, ground No. 5 is regarding loss claimed on account of non-recovery of the trade advances due from erstwhile Tata-Merlin & Gerin Ltd. (TMG) and National Electrical Industries Ltd. (NEI), amounting to Rs. 2,19,74,819. The facts are that the assessee is engaged in the business of supplies of electrical machinery. It was acting as the principal selling agent of Tata-Merlin & Gerin Ltd. a manufacturer of switchgears. it was also acting as the selling agent for the National Electrical Industries Ltd. (NEI), a manufacturer of transformers and motors. The assessee was holding 13% of the equity capital in TMG and 29% of the equity capital in NEI. The assessee advanced funds to TMG and NEI on current accounts against pending orders. These advances were to be adjusted from invoices raised by TMG and NEI. Under a scheme of amalgamation approved by the Bombay High Court and also by the Cent...
Tag this Judgment!Vasant Maruti Waikar Vs. State of Maharashtra
Court: Mumbai
Decided on: Apr-30-1990
Reported in: (1991)93BOMLR510; 1991CriLJ3163
1. This Criminal Appeal, along with companion Criminal Appeal No. 695 of 1989, has been preferred against convictions and sentences imposed on the two accused in Special Case No. 3 of 1986. The facts are most distressing concerning as they do with corrupt practices often indulged in by lawyers and clerks around the Courts who collect money from litigants on the assurance of securing favourable verdicts and ruin the reputation of the Judge and the judiciary in general, but the redeeming factor being the exemplary manner in which the learned Judicial Magistrate, First Class, Miraj, and the learned Special Judge, Kolhapur, both of whom I will have occasion to compliment in the course of the judgment, have handled the complaints that went up to them. The present appellant, who was accused No. 1, is a Senior Advocate from Kolhapur, and in addition to this was also functioning as a Senior Police Prosecutor assigned to the Judicial Magistrate's Court at Satara. Accused No. 2 at the relevant t...
Tag this Judgment!D.S. Mistry Vs. Third Assistant Controller of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-26-1990
Reported in: (1990)34ITD264(Mum.)
1. In this appeal by the accountable person, two grounds are raised.The second ground objecting to the confirmation of the addition of Rs. 9,340 in respect of shares purported to have been owned by the deceased was not pressed by Shri Sarkari at the time of hearing of (he appeal.This ground is, therefore, dismissed as not pressed.2. The first and the substantial ground is that the CED(A) erred in not granting full exemption from estate duty in respect of a sum of Rs. 83,195 bequeathed to institutions referred to in Section 10(22) of the Intact, 1961, as per the provisions of Section 33(2) of the E.D. Act read with Notification No. GSR 513 dated 29-4-80.3. It would appear that donations amounting to Rs. 83,185 were made to the institutions referred to in Section 10(22) of the I.T. Act in respect of which complete exemption was claimed before the revenue authorities Under Section 33(2) of the E.D. Act. Both the ACED as well as the CED(A) took the stand that only properties mentioned in ...
Tag this Judgment!Bemcee (P.) Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-26-1990
Reported in: (1990)34ITD224(Mum.)
1. This appeal is filed by the assessee against the order Under Section 263 of the Income-tax Act, 1961. The assessment year involved is 1983-84.2. The brief facts of the case are that on going through the assessment records, it was found that the order passed by the I.T.O. on 27-1-1984 was erroneous and prejudicial to the interest of the Revenue inasmuch as investment allowance of Rs. 7,23,701 was wrongly allowed when the assessee was not legally entitled to the said allowance. The assessee company purchased tin plates, processed those plates, cut them, varnished them, sorted them, slit them and subjected them to what is called lacquering process and then sold them to the customers according to their requirements. The machinery used by the assessee is called Slitting-line machine and Varnishing-line machine. According to the learned C.I.T., the machinery was not utilised for any type of manufacturing process in the case of the assessee. There was no evidence of any manufacture or pro...
Tag this Judgment!Real Estate Agency Vs. Model Co-operative Housing Society Ltd. and ors ...
Court: Mumbai
Decided on: Apr-26-1990
Reported in: 1990(3)BomCR534
C. Mookerjee, C.J.1. Model Co-operative Housing Society, Respondent No. 1 herein had originally instituted in the Court of the District & Sessions Judge, Goa, Daman and Diu at Panaji a suit against the present Appellant Real Estate Agency as Defendant No. 9 and also against other Defendants-Respondents inter alia with the prayers that the Defendants be directed to acknowledge that in La Campala residential colony there existed a central open space measuring 19,250 square metres as described in the plaint and that the plaintiff's who were owners of Plot No. B-1 to B-5 of the said colony had rights of easement of light and ventilation and play ground over the said central open space measuring 19,250 square metres. The plaintiff's had further prayed for permanent injunction to restrain the defendants 1 to 8 from interfering with in any manner with the right of the palintiffs over the said central open space and for restraining the Defendant No. 9 from reducing in any manner the area of th...
Tag this Judgment!Dr. Nilkanth Krishnarao Apte Vs. Dr. Ramchandra Krishnarao Apte and An ...
Court: Mumbai
Decided on: Apr-25-1990
Reported in: AIR1991Bom10; 1990(3)BomCR328
1. These are cross-suits for partition and separate possession pertaining to the immovable and movable property set out with sufficient precision in Ex. D annexed to the plaints in the two suits. 2. N. K. Apte and R. K. Apte being full brothers are the sons of the late Krishnarao and Krishnabai respectively. Krishnarao was practising and residing at Baroda. He died leaving behind his widow and two sons who succeeded to his estate comprising two houses, shares and cash. The houses were disposed off by the trio. N. K. Apte had come to Bombay and after completing his M.B.B.S. and M.S., started practising here. After the passing away of Krishnarao in 1951, Krishnabai and R. K. Apte also migrated to Bombay. With the assets inherited from Krishnarao, a plot of land was purchased at Chembur. The first storey comprising six rooms was constructed and the cost of this structure plus the plot came to about Rs. 49,000/-. There was a vertical expansion in later years with additions on the 1st and 2...
Tag this Judgment!M/S. R. Sureshchandra and Co. Vs. M/S. Vadnere Chemical Works and Othe ...
Court: Mumbai
Decided on: Apr-25-1990
Reported in: AIR1991Bom44; 1990(2)BomCR692
1. This is a suit for recovery of money representing sum allegedly due on the foot of an account together with interest thereon.2. Plaintiff, a firm registered under the Partnership Act, claims that it started dealing with defendants in 1966. Defendants 2 and 3 are partners doing business in the name and style of defendant 1. Plaintiff was supplying chemicals and advancing money to defendant 1. Defendant 1 supplied manufactured goods. An account of the transactions was maintained and this showed a debit of Rs. 6,20,623.40 ps. Defendant 1 had supplied goods worth Rs. 2,79,965.14 ps. leaving outstanding a balance of Rs. 3,40,658.26 ps. The accounts were gone into and defendants had admitted the above position. In their balance sheet issued on, 13-11-1974, defendants had acknowledged the above liability. Despite demand the dues had not been paid. Hence this suit for recovery of the dues plus interest @ 21% per annum. The acknowledgement brought the suit within limitation.3. Defendants den...
Tag this Judgment!Second Income-tax Officer Vs. K. Y. Patel.
Court: Mumbai
Decided on: Apr-25-1990
Reported in: [1990]33ITD714(Mum)
ORDERPer G. K. Israni, Judicial Member - This appeal by the revenue is directed against the order of the learned CIT (A) dated 6-2-1986 for the assessment year 1983-84.2. The appeal raises the following grounds. viz. :'1. On the facts and in the circumstances of the case, the learned CIT (A) erred in directing the ITO to change the status of the assessee from resident to non-resident, relying on clause (a) of the Explanation to section 6(1) of the Act which is effective from 1-4-1983.2. On the facts and in the circumstances of the case, the learned CIT (A) while giving the above direction failed to appreciate (i) that clause (a) of the Explanation to section 6(1) of the Act is applicable only to the persons leaving India for the purpose of employment outside India, and (ii) that there is neither anything on the record to show that the assessee had an employment outside India during the period he was away, nor did he adduce any evidence to this effect even at the appellate stage.'3. The...
Tag this Judgment!Banque Indoznez Vs. M/S. Pawan and Company
Court: Mumbai
Decided on: Apr-24-1990
Reported in: AIR1991Bom47
ORDER1. The plaintiffs have filed this suit to recover a sum of Rs. 83,575.59 p. together with interest at the rate of 18 per cent per annum from the date of the bill of exchange, namely, 30th September, 1989.2. The plaintiffs' case is that the defendants are the acceptors of a hundi dated 12th March 1987 payable within 90 days from the date of acceptance of the said hundi. There is also a notice dated 11th September 1989 addressed to the defendants calling upon them to pay the amount. The defendants have not replied to the said notice. Hence the present suit.3. The defendants have filed their affidavit-in-reply to the Summons for judgment. There are number of contentions. Firstly, they contend that the plaintiffs cannot claim interest at the rate of 18 per cent per annum and their contention is that under the law, the plaintiffs could have claimed interest only at the rate of 6 per cent per annum as the bill of exchange does not specify any rate of interest. The second contention is t...
Tag this Judgment!Asber Reuben Samson and Others Vs. Eillah Solomon and Others
Court: Mumbai
Decided on: Apr-24-1990
Reported in: AIR1991Bom148; 1990(3)BomCR396
ORDER1. This petition is for - (a) setting aside ex parte order of Suresh, J., dated 30th November, 1989 and revoking the letters of Administration granted to respondents Nos. 1 and 2 pursuant to that order, (aa) revoking and cancelling the Letters of Administration with Will annexed and/or the decree ana order for issue of grant in favour of respondents Nos. 1 and 2, (b) permanent injunctions restraining respondents Nos. 1, 2 and 3 from acting on the strength of the said grant/ order/decree, and (c) mandatory order directing respondents Nos. 1 and 2 10 render true and complete accounts of the estate of the deceased Rachel Hyams.2. The facts giving rise to the present petition are as follows:--A. The matter concerns the estate of one Rachel Hyams who died on 15th October,1978. Petitioner Nos.) 2, 3 and 4 (Asber,Elsie, Diana and Sophie) are brothers and sisters of the deceased Petitioner No. 5 (Samson) is the nephew of the deceased, being the son of Rebecca a sister of the deceased.Resp...
Tag this Judgment!- ‹ Prev
- 2
- 3
- 4
- 5
- 6
- Next ›
- Last »