Mumbai Court November 1994 Judgments
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Khatau Makanji Spinning and Weaving Co. Ltd. Vs. Commissioner of Incom ...
Court: Mumbai
Decided on: Nov-08-1994
Reported in: (1996)130CTR(Bom)231
DR. B. P. SARAF, J. :By this reference under s. 256(1) of the IT Act, 1961, following three questions have been referred by the Tribunal at the instance of the assessee to this Court for opinion :'1. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in refusing to admit the additional ground, namely, whether the remuneration paid to the directors was covered by s. 37 of the IT Act and not by the provisions of s. 40(c), in view of the fact the ITO had not given the requisite finding under s. 40(c) of the IT Act ?2. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that 'remuneration' included commission for the purposes of the application of s. 40(c) of the IT Act ?3. Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the assessee was not eligible for investment allowance under s. 32A of the IT Act in respect of the additional cost of imported a...
Rekha M. Kholkar, R/O Mastimol Vs. State of Goa and ors.
Court: Mumbai
Decided on: Nov-07-1994
Reported in: 1995(4)BomCR263
E.S. Da Silva, J.1. Rule, by consent, made returnable forthwith.2. The petitioner filed this petition under Articles 226 and 227 of the Constitution alleging that the respondents had violated her fundamental rights under Article 21 by torturing her, damaging her person, abusing her womanly dignity and causing her enormous trauma and, as a result of such acts, her reputation has also been gravely harmed and her employment has been severely curtailed. It was further alleged that the respondents also violated the petitioner's rights under Articles 14 and 22 when they detained her without authority of law and without any complaint being filed against her. More particularly, the petitioner has stated that the respondents violated the provisions of section 160(1) of the Criminal Procedure Code, which prohibits the Police from requiring women to present themselves for enquiry or interrogation at any place other than the place at which the woman may reside. It was further alleged that the peti...
Vishnu Rolling Mills Vs. Collector of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-01-1994
Reported in: (1995)(76)ELT96Tri(Mum.)bai
1. This is an appeal against the Order-in-Original No. 9/CEX/1988 (V-74) 15-20/Adj/88/332), dated 20-9-1988 of the Additional Collector of Central Excise, Pune.2. For the purpose of disposal of this appeal, elaborate facts are not required to be recorded, since the plea made by the Ld. Advocate before us is only for remanding the case back for de novo adjudication on the ground of violation of the principles of natural justice.3. He submitted that the case has been decided by the Additional Collector without even getting their reply to the Show Cause Notice and without extending a personal hearing for enabling them a proper reply to the Show Cause Notice. They wanted the copies of the RG 1 and form IV register for purpose of co-relation of the input and output to meet the charge of evasion of duty, made only on the basis of consumption of electricity. However, they were not given photo copies of those registers. Hence they were corresponding with the department.Ultimately on 22-7-1988...
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