Mumbai Court November 1992 Judgments
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Commissioner of Income-tax Vs. M.L. Bhapkar
Court: Mumbai
Decided on: Nov-06-1992
Reported in: [1994]207ITR464(Bom)
B.N. Srikrishna J. 1. This reference is in relation to the assessment year 1961-62. The Revenue has obtained a reference under section 256(1) of the Income-tax Act, 1961 ('the Act'), of the following two questions for the opinion of this court : '1. Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the sum of Rs. 4,78,522 (including interest of Rs. 66,350) received by the assessee as per the decree of the Supreme Court from the Poona Municipal Corporation did not constitute trading receipt and was not taxable income 2. Whether, on the facts and in the circumstances of the case, the Tribunal ought to have in any case held that the transaction in filing the suit for refund of octroi duty, obtaining a decree and recovering the decretal amount along with interest was an adventure in the nature of trade ?' 2. The assessee is a legal heir of one deceased, M. M. Bhapkar, who was carrying on business as partner of a partnership firm in the name and...
Commissioner of Income-tax Vs. Smt. Malatibai M. Karajgar (by Legal He ...
Court: Mumbai
Decided on: Nov-06-1992
Reported in: [1993]202ITR835(Bom)
B.N. Srikrishna, J. 1. One M. G. Karajgar of Kolhapur was carrying on business as an individual. He had installed and was working certain plant and machinery on which he had claimed, and was allowed, relief by way of development rebate under section 33 of the Income-tax Act, 1961. The said Karajgar died before his income-tax assessment for the assessment years 1967-68, 1968-69 and 1969-70 were taken up and finalised by the Department. The Income-tax Officer proceeded against his widow, Malatibai, in the capacity of the deceased's legal heir under the provisions of section 155 of the Act. The said Karajgar died on July 18, 1968, i.e., in the previous year relevant for the assessment year 1969-70. He died intestate, and, upon his death, the ownership of the business carried on by him devolved on his legal heirs under the provisions of the Hindu Succession Act, 1956, who were the widow, Malabai, his married daughter, Mrs. C. A. Somawanshi, and his three, minor sons, all five of them shard...
Commissioner of Income-tax Vs. Ramesh Electric and Trading Co.
Court: Mumbai
Decided on: Nov-06-1992
Reported in: [1993]203ITR497(Bom)
Mrs. Sujata Manohar, J.1. The assessee carries on a business in electrical goods and appliances. For the assessment year 1970-71, for which the accounting period is the financial year ending with 31, 1970, the assessee debited a sum of Rs. 54,000 as commission paid to one Messrs. Neeta Electric Corporation, Bombay. The firm of Messrs. Neeta Electric Corporation was a partnership firm in which two of the partners of the assessee-firm were partners. The other partners of Messrs. Neeta Electric Corporation were the wives of the partners in the assessee-firm and the fifth partner of Messrs. Neeta Electric Corporation was an employee in the assessee-firm. Thus, all the five partners of the firm of Messrs. Neeta Electric corporation had close links with the assessee-firm. 2. Under an agreement dated October 29, 1969, entered into between the assessee-firm and Messrs. Neeta Electric Corporation, it was agreed that the assessee-firm would pay a commission on purchases made by the assessee-firm...
Vishveshwar Sahakari Bank Ltd. Vs. S.J. Corporation, Firm and ors.
Court: Mumbai
Decided on: Nov-06-1992
Reported in: 1993(1)BomCR706
S.M. Daud, J.1. Plaintiff appeals against the dismissal of its suit wherein it had prayed for a decree for Rs. 83,329.75.2. Plaintiff is a co-operative society registered under the Maharashtra Co-operative Societies Act, apart from functioning as a Bank. Defendant No.2 is the proprietor of a concern doing business in the name and style of defendant No.1 Defendant No.2 was appointed as an agent of a concern doing business in the name and style of M/s. Kela & Co. Private Ltd. Bombay, to sell its liquid paraffin products at Pune. In order to be in a position to do so defendant No. 2 suggested a scheme. This scheme entailed advance of money by the plaintiff to defendant No.2 on the basis of bills to be realised by them from their customers. There was to be an interval of 30 to 45 days between the supply of goods and the receipt of the price there of from the customers and to tide over the requirements of defendant No.2 during this period, plaintiff was to advance various sums. To secure th...
Mathur Alloy Steels Pvt. Ltd. and anr. Vs. Union of India (Uoi) and or ...
Court: Mumbai
Decided on: Nov-06-1992
Reported in: 1993(2)BomCR14
Ashok Agarwal, J.1. The order dated December 8,1986 passed by the Regional Provident Fund Commissioner, the second respondent herein, levying damages under Section 14-B of the Employee's Provident Funds and Miscellaneous Provisions Act, 1952(19ofl952)rhereinafterreferredto as 'the Act') is impugned in the present petition. The order impugned shows that the damages ranging from 5% to 100% of the provident fund dues has been levied against the petitioner. The petitioners have challenged the imposition on the grounds inter alia that there has been an inordinate delay in issuing the show cause notice for levying damages and, therefore, the right to impose damages has been waived and that the levy of damages over and above 25% is unjustified. In so far as the latter objection is concerned, the Government of India has by an amendment introduced a new para being para 32-A to the Employees'Provident Funds; Schemes whereunder rates of damages, for different periods of default, has been laid dow...
Commissioner of Income-tax Vs. Pyrene Rai Metal Treatment Ltd.
Court: Mumbai
Decided on: Nov-05-1992
Reported in: [1993]203ITR752(Bom)
B.N. Srikrishna, J.1. The Commissioner of Income-tax has sought and obtained a reference under section 256(1) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'), of following question of law for the opinion of the court in relation to the assessment years 1970-71 to 1972-73 : 'Whether, on the facts and in the circumstances of the case the Tribunal was right in law in holding that the expenditure incurred on plant and machinery utilised for scientific research should be included in the capital computation for the purpose of section 80J in view of rule 19A(2) even though 100 per cent. deduction had been given in respect of the said expenditure under section 35 of the Income-tax Act, 1961 ?' 2. During the three assessment years in question, the Income-tax officer had not taken into account certain amounts representing the cumulative total of expenditure incurred by the assessee on plant and machinery utilised for scientific research upon which the assessee was allowed 100 ...
Jayakar Rao N. Shetty Vs. Regional P.F. Commissioner and Others
Court: Mumbai
Decided on: Nov-05-1992
Reported in: (1993)IILLJ78Bom; 1993(1)MhLj85
1. The right of the employees to withdraw from their provident fund for the purchase of their dwelling houses is questioned by the first respondent, the Regional Provident Fund Commissioner, and hence the petitioners have filed the present petitions. 2. The petitioners are employees of the Abhyudaya Co-operative Bank Ltd., the third respondent herein. They are members of the Employees' Provident Fund and the scheme framed under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act'). Each of the petitioners desires to purchase a residential flat. They have entered into agreements with different builders for purchasing their flats. They have obtained loans from their employers, the third respondent. They have deposited xerox copies of the agreements entered with the builders their employers. The amount advanced by the employers having fallen short of the requisite purchase price, they desire to withdraw from their provident fund. It i...
Madeshwara Cargo Movers Vs. Hindustan Cocoa Products Ltd. and anr.
Court: Mumbai
Decided on: Nov-05-1992
Reported in: 1993(2)BomCR154; (1993)95BOMLR391
S.M. Daud, J1. The present appeal by a common carrier is limited to questioning the quantum of damages allowed to the subrogee of the consignee that consignee then doing business in the name of Cadbury India Ltd.2. The Cadbury India Ltd., now known as Hindustan Cocoa Products Ltd., were the manufacturers of a well-known beverage marketed in the name of 'Bournvita' and chocolates known as 'Five Star' and 'Double Decker'. They handed over to the appellant on 19-8-1981 a consignment of 553 cases containing Bournvita and chocolates of the make mentioned above. These were made over to the appellant at Thane and the consignment was to be delivered to the office of the Cadbury India Ltd. at Madras. Before delivery the cases were safely and soundly packed. While in transit by a goods-truck, the consignment got damaged. The goods had been insured with the subrogee, hereinafter referred to as 'the insurer'. The nature and extent of damage was got surveyed through a concern doing business in the ...
South Eastern Roadways, Bombay Vs. U.P. State Agro Industrial Corporat ...
Court: Mumbai
Decided on: Nov-04-1992
Reported in: I(1994)ACC507; AIR1993Bom300; 1993(1)BomCR709
ORDERDaud, J. 1. This is plaintiff's appeal taking exception to the dismissal of a suit wherein it had claimed storage and unloading charges plus interest thereon totalling Rs. 54,957/-.2. Defendant No.2 is a Corporation which took over defendant No. 1 and hereinafter two defendants shall be referred to as a single entity by the expression 'Corporation'. Plaintiff is a firm registered under the Partnership Act and carries on business as a public carrier of goods by road. It has a branch at Bombay and in July 1977 agreed to transport goods belonging to the Corporation at the rate of Rs. 2,400/- per truck load of 10 tonnes from Hapur in Uttar Pradesh to the Corporation's factory at Thanke. The goods on arrival were to be provided free storage space for a period of 3 but extended to 15 days at the plaintiff's Thane godown. On 16th July 1977, the Corporation entrusted to the plaintiff at Hapur in U. P. 8 truck-load consignments of mango juice for carriage to and delivery at Thane. The cons...
Commissioner of Income-tax Vs. Godavari Sugar Mills Ltd.
Court: Mumbai
Decided on: Nov-04-1992
Reported in: [1993]203ITR773(Bom)
Mrs. Sujata Manohar, J. 1. The assessee is a company engaged in the manufacture and sale of sugar. The assessment year involved is 1968-69. In the accounting period relevant to this assessment year, the assessee donated 2,000 equity shares of Oriental Power Cables Ltd. of the face value of Rs. 100 per share to the Somaiya Trust the Department contended that this being a donation in kind was not eligible for deduction under section 80G. The Tribunal, however, negatived this contention and upheld the claim of the assessee. 2. In respect of the assessment order of the Income-tax Officer dated February 5, 1972, the assessee had filed and appeal before the Appellate Assistant Commissioner. In the appellate order, the Appellate Assistant Commissioner considered various disallowances or additions made by the Income-tax Officer while making the regular assessment and passed orders thereon with which we are here not concerned. The Income-tax Officer had charged interest amounting to Rs. 38,928 ...
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