Mumbai Court April 1990 Judgments
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Asian Paints (India) Ltd. Vs. Inspecting Assistant
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Apr-18-1990
Reported in: (1990)34ITD268(Mum.)
1 to 6 . These paras are not reproduced here, as they involve minor issues 7. This brings us to the last and the most important ground in this appeal. This ground is that the CIT (A) erred in rejecting the claim of the appellant Under Section 80J in respect of its Krilo Unit which commenced production from 1-4-1981. The facts in this regard are briefly these. The assessee's accounting year for the assessment year 1982-83 is year ended 31-12-1981. The assessee had installed a new plant at Ankleshwar. This Unit was known as Krilo Unit. This Unit commenced production with effect from 1 -4-1981. Before the I AC, the assessee claimed relief under the provisions of Sections 80-I, 80-HH and 80-J. The I AC held that the assessee's claim for relief Under Section 80J is not tenable because the assessee is entitled to relief Under Section 80-1 and 80-HH. Since there was no profit shown by this Unit, the assessee was not entitled to relief Under Section 80-1 and 80-HH. The assessee went in appeal...
Crompton Greaves Ltd. Vs. A.K Jain, Inspecting Assistant Commissioner ...
Court: Mumbai
Decided on: Apr-18-1990
Reported in: 1990(3)BomCR100; (1990)85CTR(Bom)95; [1990]185ITR513(Bom)
T.D. Sugla J.1. By this petition under article 226 of the Constitution of India, the petitioner challenged the non-granting of the 'No Objection Certificate' by the departmental authorities which was necessary for obtaining the Reserve Bank permission to remit/pay DM 80,000 to four foreign technicians whose services the petitioner was to avail of for setting up and ensuring proper functioning of its Goniophotometer with Mirror arrangement plant imported from West Germany for its research and development department. The petition was admitted on April 21, 1987, when the interim order as under was passed :'Leave to amend as per draft and figures in prayers. Rule returnable on June 8, 1987. Interim order in terms of prayer (c). Certificate to be issued forthwith on the petitioner's undertaking to this court to furnish a bank guarantee of a nationalised bank for Rs. 1.8 lakhs within two weeks. Bank guarantee to be furnished to the satisfaction of the Protho. The petitioner states that he is...
Lokmitra Co-operative Housing Society Ltd. and anr. Vs. Yojana Co-oper ...
Court: Mumbai
Decided on: Apr-18-1990
Reported in: 1991(1)BomCR138; 1991(1)MhLj39
A.A. Halbe, J.1. The important question, which falls for consideration in this revision is whether the dispute regarding the allotment of same plot to the two co-operative societies falls within the business of society as provided under section 91 of Maharastra Co-operative Societies, Act (to be referred hereinafter as the 'the Act) and whether the Civil Court is barred from trying the dispute.Whereas the learned advocates for the present petitioner/original defendant has taken me through several rulings and has tried to suggest that this dispute is within the domain of Co-operative Court, the learned advocates for the respondent/plaintiff has contended that the ruling cited by the learned advocate for the petitioner have really no bearing on the question under reference and that this is a simple dispute regarding the title claimed by both the societies, which falls within the domain of Civil Court.2. In order to appreciate these rival contentions, brief reference to few facts appears ...
Vikas @ Vicky Ramchandra Goel and ors. Vs. State of Maharashtra and or ...
Court: Mumbai
Decided on: Apr-18-1990
Reported in: 1990(2)BomCR492
Ashok Agarwal, J.1. By the present application the original accused Nos. 1 and 2 who are facing trial along with four other accused have raised the following questions for my determination:--(a) By virtue of section 173 of the Code of Criminal Procedure was it imperative for the Investigating Officer to deposit all the documents and statements recorded under section 161 of the Code of the Criminal Procedure in the Court of Metropolitan Magistrate who committed the matter to the Court ?(b) If he has not done so and if the defence makes an application before the Sessions Court to take aforesaid documents in Court's custody, is it obligatory upon the Court to do so ?(c) If once the prosecution relies upon the statements of particular witnesses and consequently give copies thereof (through Court), can the prosecution refuse to give inspection of the original documents and statements to the defence if the defence calls upto the prosecution to do so ?(d) If the prosecution refuse, to comply ...
Govind Pandurang Chowdhary Vs. R.D. Tyagi Commissioner of Police and o ...
Court: Mumbai
Decided on: Apr-18-1990
Reported in: 1990(2)BomCR431
M.L. Pendse, J.1 The petitioner is resident of Dombivali, a town in Thane district. The present petition is filed on December 7, 1989 seeking a writ of mandamus directing the respondents to delete the name of the petitioner from the surveillance register of Dombivali Police Station and also from the history sheet maintained by the said police station. The name of the petitioner was brought on the surveillance register on February 3, 1987, and as a consequence history sheet was prepared in respect of the activities of the petitioner. Before examining the complaint of the petitioner, it is necessary to set out the criminal cases which were filed against the petitioner between the years 1982 and 1986. On January 17, 1982 the petitioner was charged for offence punishable under sections 302 and 307 of Indian Penal Code. The prosecution ended in acquittal on June 29, 1985. On May 3, 1984 the petitioner was charged for having committed an offence of criminal trespass punishable under sections...
Indian Aluminium Co. Ltd. Vs. Thane Municipal Corporation
Court: Mumbai
Decided on: Apr-18-1990
Reported in: 1990(3)BomCR188
G.H. Guttal, J.1 Indian Aluminium Co. Ltd. seek a writ/order under Article 226 of the Constitution of India, directing the Respondents-The Municipal Corporation to refund a sum of Rs. 13,54,101.79. which represents the amount of the allegedly excess octroi duty recovered by the respondents during the period from January, 1985 to 9th December, 1987.2. This petition is placed before us for admission. We have heard Counsel for the petitioners and the respondents for over two hours. Learned Counsel for the petitioners made elaborate arguments and cited certain judicial decisions in support of his submission. We have not been persuaded in admit this petition.3. The petitioner's case is this :---They were misled into believing that the rate of octroi duty on aluminium, a non ferrous metal, under Entry No. 77 in Schedule-1 of the Maharashtra Municipalities (Octroi) Rules, 1968, hereinafter referred to as the Rules, was 2% ad-valorem. Under Entry No. 77 in Schedule-1, Octroi duty leviable on n...
Comnissioner of Income-tax Vs. Dharangadhra Chemical Works Ltd.
Court: Mumbai
Decided on: Apr-18-1990
Reported in: [1990]33ITD693(Mum)
ORDERPer Shri M. A. Ajinkya, Accountant Member - This is an application u/s. 256(1) of the Income-tax Act, 1961, arising out of M. A. Nos. 321/Bom/87 and 95/Bom/88 which in terms arise out of ITA No. 3573/Bom/84. The Commissioner of Income-tax, Central-II, Bombay requires the Tribunal to refer the following two questions, said to be of law and said to arise out of the aforementioned order of the Tribunal.'1. Whether the Hon. ITAT was correct in law in holding that during pendency of the case before the Settlement Commission which has exclusive jurisdiction u/s. 245F (2), the ITAT had jurisdiction in the matter.2. Whether the Hon. ITAT was correct in law in holding that section 245F (2) does not apply to appeal filed before it against order of Revision made u/s. 263 ?'Since, in our opinion, no referable question of arises, we decline to grant reference for the following reasons :-2. The Department has sought to frame these question from and out of the order of the Tribunal dated 27-7-19...
Daza N. Gandhi and Another Vs. Indira Maruti Varadkar and Another
Court: Mumbai
Decided on: Apr-17-1990
Reported in: AIR1991Bom51; 1990(2)BomCR454; (1990)92BOMLR235
ORDER1. This Chamber Summons has been taken out by the defendants in the following circumstances.2. The plaintiffs filed the above suit for specific performance of an agreement dated 6th April 1984 executed between the plaintiffs and the defendants for sale of Flat No. 5, situated on the second floor of the Samarath Nagar Tenants Co-operative Housing Society Ltd., Bombay-22, and for certain other reliefs. The defendants had contested the suit. However, during the pendency of the suit, theparties arrived at consent terms. Accordingly, a consent decree was passed in terms of the consent terms on 21st September 1989. Clause 1 of the consent terms provides for decree in terms of prayers (a) (for declaration that the agreement is valid and subsisting and the defendants are bound and liable to specifically perform the same); (b) (for completing the sale and for delivering vacant possession and for doing all other necessary things for the purpose of completion of the sale); and (f) (for costs...
Yashwant S.S.K. Ltd. Vs. Collector of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Apr-16-1990
Reported in: (1990)(49)ELT534Tri(Mum.)bai
1. The appeal No. E/155/89 is directed against the order of the Collector of Central Excise, Aurangabad bearing No. V. 15CC (3) 2/MP.III/85 dated 4th March, 1989 and appeal No. E/156/89 is directed against the order pf the same Collector bearing No. V. 15CC (3) 443/MP.III/84 dated 24th Jan., 1989. Since both these appeals involve consideration of the same issue and points of law, they were heard together and hence proposed to be disposed of by this common order.2. The appellants are manufacturers of sugar and in the process of manufacture of sugar, the by-product molasses is produced, which is also liable to excise duty under the erstwhile Central Excise Tariff Item 15CC. Though the appellants have provided for storage of molasses in steel tank, during the year 1981-82 because of unprecedented bumper crop they had to crush more sugarcane on account of which more molasses came to be produced. They, therefore, requested for permission to store the molasses in katcha pits, which was gran...
Narayan Sadashiv Bhalerao and anr. Vs. Navnitdas Narayandas Barshikar ...
Court: Mumbai
Decided on: Apr-16-1990
Reported in: 1990(2)BomCR483; 1991(1)MhLj407
S.M. Daud, J.1 This is a suit for possession and damages in relation to Block No. 4 described with precision in Ex. A which is an annexure to the plaint.2. The block aforementioned, hereinafter referred to as the 'flat', or 'suit flat', is part of a larger building belonging to the fourth defendant which is a co-operative housing society registered under the Bombay Co-operatives Societies Act, 1925 and deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. Defendant 4 is a tenant co-partnership variety society. Sadashiv, whose legal representatives the plaintiffs 1-A and B, are had by a notice given to defendant 1 on 9-6-1966 called upon him to vacate and deliver vacant possession of the suit flat to him. The notice not having been complied with, Sadashiv filed a dispute being A.C. No. 729 of 1966 under section 91 of the Maharashtra Co-operative Societies Act, 1960 (MCS Act). That dispute is still pending. A little later the society also filed a dispute against...
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