Mumbai Court August 1993 Judgments
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Gangadhar Narsingdas Agrawal (Huf) Vs. Commissioner of Income Tax
Court: Mumbai
Decided on: Aug-24-1993
Reported in: [1996]217ITR588(Bom)
Dr. B.P. Saraf, J 1. By this reference under s. 256(1) of the IT Act, 1961, the Tribunal, at the instance of the assessee, has referred the following two questions of law to this Court for the opinion : '(1) Whether, on the facts and in the circumstances of the case, the gifts of movable properties made to persons who were relations of G. N. Agrawal, but not members of the HUF were valid in law (2) If the answer to question No. (1) is in the negative, whether yet the income earned by the donees from the amounts which were received by them can be included in the assessment of the assessee ?' 2. The questions pertain to the asst. yrs. 1971-72, 1972-73 and 1973-74. The controversy involved in the two questions is fully covered by the decision of this Court in the case of this very assessee Gangadhar Narsingdas Agrawal (HUF) vs . CIT : [1986]162ITR320(Bom) in respect of the asst. yrs. 1964-65, 1965-66 and 1966-67. Following the said decision, we answer question No. 1 in the negative, i.e....
Sahebrao Shankarrao Mistry Vs. Smt. Azizabai HusseIn Ahmed Mulla Since ...
Court: Mumbai
Decided on: Aug-24-1993
Reported in: 1994(1)BomCR513
M.F. Saldanha, J.1. The petitioner in this case was the original tenant in respect of an open piece of land admeasuring 45' x 36' x 60', situated at Old Agra Road, Thane. He had by a lease-deed dated 1-3-1967 obtained from the original landlady (since deceased) this plot of land for purposes of running a motor garage on a rent of Rs. 50/- per month. The lease-deed did specify that the petitioner was entitled to put up such constructions as were necessary for purposes of running a garage provided, however, that these were authorised by the requisite authorities.2. The landlady filed Regular Civil Suit No. 337 of 1975 in the Court of the learned Civil Judge, Senior Division, Thane against the petitioner for possession of the suit premises. It was alleged that the petitioner had committed certain serious breaches in so far as he had converted part of the premises in to a residence by constructing an upper storey which, in fact, is more aptly described as a potmala. It was also alleged tha...
B.R.T. Ltd. Vs. Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-23-1993
Reported in: (1994)51ITD285(Mum.)
1. These four appeals are interconnected and, therefore, they were heard together and are being disposed of by this common order.2. We shall first take up the assessee's appeal in I.T.A. No. 1024 (Bom.)/1985 for the assessment year 1980-81. This appeal arises out of the order dated 20-12-1984 passed by the learned Commissioner of Income-tax (Appeals) VIII, Bombay (Shri Raghu Nath). The issue agitated is in connection with the assessee's claim for deduction of an amount of Rs. 24,44,400 being the full amount of interest payable in connection with the purchase of one machine from Hindustan Machine Tools Ltd. (HMT for short), Bombay. The assessee is already in business of manufacturing and is regularly assessed to tax. In February 1979, the assessee had placed an order for puchase of one machine from HMT Ltd. As per the proforma invoice dated 11-3-1980, the cost of the machine (inclusive of central excise duty @ 8% and central sales-tax @ 4%) was stated to be Rs. 33,49,531.48. The assess...
Deputy Commissioner of Income Tax Vs. Ion Exchange (i) Ltd.
Court: Mumbai
Decided on: Aug-23-1993
Reported in: (1994)48TTJ(Mumbai)538
ORDERV. K. SINHA, A. M. :These are appeals by the Department and the assessee as well as a cross objection by the assessee. All of them relate to the same assessment year, they are, therefore, being disposed of by this common order.2. The Departments appeal in ITA No. 5447/Bom/88 will be taken up first.3. Ground No. 1 is reproduced below :'1. On the facts and in the circumstances of the case and in law the learned CIT(A) erred in restricting the disallowance under r. 6D of the IT Rules to Rs. 43,792 as against Rs. 49,450 disallowed in the assessment order.'4. We find that the matter is covered in favour of the assessee by the decision of the Tribunal in the case of S. V. Ghatalia vs. Second ITO (1983) 4 ITD 583. This ground is accordingly allowed.5. Ground No. 2 is reproduced below :'On the facts and in the circumstances of the case and in law the learned CIT(A) erred in directing the Assessing Officer to allow a sum of Rs. 13,041 being expenditure incurred on consultation and feasibil...
Deputy Commissioner of Income Tax Vs. Hindustan Dorr Oliver Ltd.
Court: Mumbai
Decided on: Aug-23-1993
Reported in: (1994)48TTJ(Mumbai)552
ORDERV. K. SINHA, A. M. :This is an appeal filed by the Department.2. Ground No. 1 is reproduced below :'1. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in ignoring the technical default in terms of r. 46 of the IT Rules, and further erred in disposing of the issue raised in the grounds of appeal.'3. During the hearing before us, both sides agreed that there was a typing error in the above ground, in as much as 'r. 45' had been typed as 'r. 46.' We, accordingly, proceed to treat the ground as if it relates to r. 45.4. According to r. 45(2) of the IT Rules, 1962, the form of appeal in Form No. 35 to be filed before the CIT(A) should be signed and verified by the person who is authorised to sign the return of income under S. 140 of the IT Act, 1961. In the present case, the appeal memo should have been accordingly signed by the managing director of the company. However, it was noticed by the CIT(A) that, it had been singed by a director. On being...
Balaji Textile Industries (P.) Vs. Third Income-tax Officer
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-20-1993
Reported in: (1994)49ITD177(Mum.)
1. This is an appellant's appeal against the order of the CIT(A)-V, Bombay dated 26-9-1988 on several grounds and sub-grounds running into five pages. All the grounds and the sub-grounds of appeal relate to the only one point of claim of deduction of purchase of textile goods in the month of March 1985 alone from twelve parties residing in Bhiwandi.The Assessing Officer disallowed the said claim by giving several reasons and the CIT(A)-V, Bombay has confirmed the disallowance made by the Assessing Officer. Therefore, the appellant has preferred this appeal against that order of the CIT(A)-V, Bombay.2. We have heard the learned counsels for the assessee S/Shri S.E.Dastur and P.J. Pardiwala and the learned Departmental Representatives, Shri Y.S. Rawat and Shri N.C. Nair. Their arguments are taken into consideration.3. The appellant is carrying on business in textile. The appellant-company filed the return of income for the assessment year 1985-86 showing an income of Rs. 2,824. The retu...
Guffran Mohammad Hasad Kasai Vs. State of Maharashtra
Court: Mumbai
Decided on: Aug-20-1993
Reported in: 1994(2)BomCR94; (1994)96BOMLR449; 1994CriLJ2013
Saldanha, J. 1. The appellant before us, a resident of Nagchhao Zopadpatti at Malegaon is alleged to have been involved in dealing with Gard powder at about 17.35 hours on 31-5-1991. P.S.I. Shaikh Nisar (PW 4) received a certain information with regard to his activities pursuant to which he and two Panchas Mukhtar Nijamuddin (PW 1) Rafiq Ahmed Siraj Ahmed (PW 2), after completing the requisite formalities, proceeded along with the raiding party to the spot in question. The Accused was seen sitting under a tree and the Police apprehended him. As many as nine pudis are alleged to have been recovered from him, and the Panchanama that was drawn up indicates that the total quantity of the Gard powder contained in these pudis worked out to approximately 1000 milligrams, which is apart from the weight of the paper-wrappings. We note with some degree of appreciation that the Police Officer concerned has followed a very correct procedure while ascertaining the weight of the contraband in this c...
Darshan Oils Pvt. Ltd. Vs. Union of India
Court: Mumbai
Decided on: Aug-20-1993
Reported in: 1993LC575(Bombay); 1993(68)ELT57(Bom)
Pendse, J.1. This petition is companion to Writ Petition No. 56 of 1984 in which we had delivered judgment on July 20, 1993. The facts which gave rise to the filing of this petition are as follows. 2. The petitioner No. 1 is a Private Company registered under the Indian Companies Act and carries on business as traders and general oil merchants. The Government of India had declared import and export policy for period April 1983 to March 1984. The import of split stearin fatty acid was not canalised when the policy was declared by Government of India. The petitioners entered into contract with M/s. Haji M. Moosa and Company, Singapore for purchase of 150 Metric Tonnes of split stearin fatty acid on August 1, 1983. In pursuance of the contract, the petitioners opened irrevocable letter of credit in favour of the vendor on October 3, 1983. 3. On November 11, 1983, the Government of India, Ministry of Commerce, issued a public notice providing for amendments to import and export policy for ...
Jupiter Engravers Vs. Union of India
Court: Mumbai
Decided on: Aug-20-1993
Reported in: 1993LC418(Bombay); 1993(68)ELT60(Bom)
Pendse, J. 1. The petitioner is a proprietary firm and a Small-scale Unit having installed plant and machinery of value of less than Rs. 10 lakhs. The petitioners carry on business of doing job work of engraving designs on the rollers supplied by their clients which are textile mills and process houses. The rollers are supplied to the petitioners under 'returnable gate pass' and after completing the job work are returned back to the owners. The rollers are made wholly of copper or of steel with the surface of copper-layer and it is not in dispute that the rollers are not manufactured by the petitioners. After the rollers are received by the petitioners, the job work is undertaken for impressing designs on the rollers. The petitioners carry out the work of brushing, sharpening the impressions, and enlivening the design for use. The designs engrave on copper rollers fade out after some use and the rollers are returned back to the petitioners for re-engraving. The work of engraving or re-...
Assistant Commissioner of Income Tax Vs. Alpana Investments (P) Ltd. ( ...
Court: Mumbai
Decided on: Aug-20-1993
Reported in: (1994)48TTJ(Mumbai)525
ORDERV. K. SINHA, A. M :These are two appeals. ITA No. 3060/Bom/1987 has been filed by the assessee against the order under S. 263 of the IT Act passed by the CIT, setting aside the assessment order for asst. yr. 1984-85 in so far as it related to the computation of income chargeable under the head capital gains and directing the ITO to make a fresh assessment after properly verifying all the relevant facts and circumstances, in accordance with law. Subsequently a fresh assessment order was passed by the Assessing Officer on 29th March, 1989 bringing to tax capital gains on sale of rights of Rs. 23,75,230, and at the same time disallowing the assessees claim for short-term capital loss of Rs. 47,40,400. Thereafter, the CIT(A) allowed the assessees claim for loss under the head capital gains of Rs. 47,40,400, with result that there was a net loss under the head short-term capital gains of Rs. 23,64,770 (Rs. 47,40,400 minus Rs. 23,75,230). The Department has filed appeal in ITA No. 6525/...
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