Mumbai Court June 1998 Judgments
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Mrs. Amy F. Cama (Trustee of the Estate of Late M.R. Adenwalla) Vs. Co ...
Court: Mumbai
Decided on: Jun-10-1998
Reported in: [1999]237ITR82(Bom)
A.Y. Sakhare, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (the 'Act' for short), the Income-tax Appellate Tribunal, Bombay, has referred the following question of law to this court for opinion at the instance of the assessee :'Whether, on the facts and in the circumstances of the case, the deduction under Section 54 of the Income-tax Act, 1961, was available in, computing the capital gain arising from the sale of the property known as 'Aden Hall' ?'2. The relevant assessment year is 1962-63. The assessee was a trustee of the testamentary trust created by Mr. M. R. Adenwalla, who died on July 27, 1955, leaving behind the estate which, inter alia, included immovable property known as Aden Hall admeasuring about 4,710 sq. yds at Napean Sea Road, Bombay.3. The late Mr. M. R. Adenwalla left behind him a will dated May 17, 1939. By the said will, he created a settlement regarding rest and remainder of his properties. The late Mr. Adenwalla appointed his wife, Tehm...
British Bank of the Middle East Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jun-10-1998
Reported in: (1998)149CTR(Bom)169; [1998]233ITR251(Bom)
B.P. Saraf, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961, the Income-tax Appellate Tribunal ('Tribunal') has referred the following question of law to this court for opinion at the instance of the assessee :'Whether, on the facts and in the circumstances of the case, the Tribunal erred in holding that the discount on Treasury Bills is assessable as income from business and not as interest on securities ?'2. The assessee is a banking company. In its assessment for the assessment year 1977-78, the assessee claimed that its income from interest and discount on the treasury bills amounting to Rs. 20,62,034 should be considered as income from securities, though in the computation of total income originally furnished along with the return the assessee itself had considered and shown the same as business income. It was contended that the treasury bills were securities under the Public Debt Act and discounts earned on the same represented interest on securities. The ...
All India Blue Star Employees Federation Vs. Union of India and ors.
Court: Mumbai
Decided on: Jun-10-1998
Reported in: (1998)149CTR(Bom)480
ORDERDR. B. P. SARAF, J.By this vvrit petition the petitioner, which is a trade union of the cmployees of the respondent No. 4 company, seeks to challenge the validity of the provisions of cl. (10C) of s. 10 of the IT Act, 1961, and r. 2BA of the IT Rules, 1962 on the ground of violation of Arts. 14 and 21 of the Constitution of India. The petitioners also seek to challenge the approval granted by the Chief CIT, Mumbai to the voluntary retirement scheme of the respondent No. 4 company.2. To deal with the challenge of the petitioner, it viould be expedient to set out the provisions of cl. (10C) of s. 10 of the Act a:id r. 2BA of the Rules. Sec. 10 contains various clauses, income falling under which do not form part of the total income. Clause (10C) was inserted in that section for the first time w.e.f. 1st April, 1987, by the Finance Act, 1987, to extend the benefit of exemption to the .-mployees of public sector undertakings in respect of any payment received bv them at the time of th...
Bombay Metal and Alloys Mfg. Co. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-09-1998
Reported in: (1999)(112)ELT101Tri(Mum.)bai
1. The Misc. application is for bringing on record the certificate issued by the Supdt. of Central Excise, regarding the fact that M/s.Premier Irrigation Equipments Ltd., the buyer of the goods from the appellants, have not collected the central excise duty from any person.Since the certificate was already on record before the lower authority, it is allowed to be taken on record.2. The appellants are manufacturers of various articles of copper alloy and aluminium including castings falling under Chapter 74 and 76 of CETA. Some of the castings are subsequently used as input by other manufacturers of machines and appliances. Their products were classified under Chapter 84 and 87 as parts of machinery and mechanical appliances by the Jurisdictional Asstt. Commissioner, whereas, their claim was under Chapter 74 and 76 of CETA. The Commissioner of Central Excise (Appeals) by an Order dated 6-4-1990 approved classification as claimed by the appellants, setting aside the Asstt. Commissioner'...
Gujarat Communications and Vs. Commr. of C. Ex. and Cus.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-09-1998
Reported in: (1998)LC296Tri(Mum.)bai
1. The appeal is directed against the order dated 19-11-1991 passed by the Additional Collector of Central Excise & Customs, Vadodara.2. The appellants are engaged in the manufacture of electrical machinery and equipments falling under Chapter 85 of Central Excise Tariff Act, 1985. It was noticed that on a visit of the officers to the Appellant's factory on 22-12-1986 that the Appellant had not filed declaration in respect of certain inputs for the purpose of Modvat credit under Rule 57A and that they have taken the credit on certain inputs even before obtaining dated acknowledgement from the jurisdictional Assistant Commissioner of Central Excise as required under Rule 57G of the Central Excise Rules. Show cause notice was issued to the Appellants alleging that they were contravening Rules 57A and 57G because they have failed to file declaration at the material time of the inputs received and have wrongly taken Modvat credit of Rs. 4.65 lakhs in the RG 23A Part II of Modvat credi...
Pandurang Rangnath Chavan Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Jun-09-1998
Reported in: 1998(3)ALLMR528; 1998(4)BomCR462
ORDERA.V. Savant, J.1. Heard both the learned Counsel; Shri Ketkar for the petitioner and Shri Sonavane, Asstt. Government Pleader for the respondents.2. By this petition under Article 226 of the Constitution, the petitioner prays for quashing (i) the Judgment and Order dated 11th October 1989 passed by the Caste Certificates Scrutiny Committee, Maharashtra State, Pune, and (ii) the appellate order dated 20th March 1991 passed by the Additional Commissioner, Nasik Division, Nasik, dismissing the petitioner's appeal. The petitioner claimed to be a Thakar' belonging to the Scheduled Tribe of Thakars as specified by the President of India after consultation with the Governor of the State in accordance with the provisions of Article 342 of the Constitution. Under the impugned Judgments and Orders he has been held to be belonging to the Thakar caste, which under the impugned Government Resolution dated 8th July 1982 has been declared to be one of the 'Other Backward Classes', mentioned at E...
The State of Maharashtra Vs. Narendra Devaji Chafekar and Another
Court: Mumbai
Decided on: Jun-09-1998
Reported in: 1998(5)BomCR884
ORDERVishnu Sahai, J. 1. Through this appeal, preferred under section 378(1) Cr.P.C. theappellant impugns the judgment and order dated 11-5-1984 passed by the AdditionalSessions Judge, Thane, in Sessions Case No. 257 of 1983 acquitting the respondents foroffences punishable under sections 302 r/w 34 I.P.C., 307 r/w 34 I.P.C., 326 r/w 34 I.P.C.and 324 r/w 34 I.P.C.2. In short, the prosecution case runs as under :-The informant Balshiram Bhirnaji Avte P.W. 1 had two sisters. One of them Babi was married to the deceased Waman and the other Sunanda P.W. 8 was married to Nanabhau Varpe P.W. 3. Balshiram, Waman and Nanabhau used to reside in huts, situated in immediate proximity of one another, in Mahadeo Bagul Chawl, Panchapakhadi, within the limits of Police Station Naupada District Thane. In their vicinity, respondent No. 2 Smt. Vasanti Bhalchandra Chavan also used to reside. Respondent No. 1 Narendra Devaji Chafekar used to frequently visit Smt. Vasanti Bhalchandra Chavan in her hut. The...
S.T. Hatim and Co. Vs. Commissioner of Income-tax
Court: Mumbai
Decided on: Jun-09-1998
Reported in: [1998]234ITR358(Bom)
A.Y. Sakhare, J.1. By this reference under Section 256(1) of the Income-tax Act, 1961 (the 'Act' for short), the Income-tax Appellate Tribunal has referred the following questions of law to this court for opinion at the instance of the assessee ;'(i) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in coming to the conclusion that the present case is a case of change in the constitution of the assessee-firm in the year under consideration ? (ii) Whether, on the facts and in the circumstances of the case, the Tribunal was correct in holding that under Section 185(3) of the Income-tax Act, 1961, the assessee was not entitled to substitute the declaration as contemplated under Section 185(7) of the Income-tax Act, 1961, by an application for registration referred to in Section 185(2) of the Act ?(iii) Whether, on the facts and in the circumstances of the case, the assessee was entitled to registration under the Income-tax Act, 1961 ?' 2. In view of the ...
Shri Pandurang Sagun Salgaonkar Vs. State
Court: Mumbai
Decided on: Jun-09-1998
Reported in: 1999CriLJ104
ORDERJ.A. Patil, J.1. This revision application by original accused No. 9 is directed against the order dated 24th July 1996 passed by the Special Judge, Panaji, in Special Criminal Case No. 1/92. The learned Judge directed training of charges against the accused, including accused No, 9 as he found that there was sufficient material for doing so. Accordingly, he framed charges against the accused. Accused No. 9 was charged for the offences punishable under Section 120-B, 408 read with Section 120-B of the Indian Penal Code and under Section 3 read with Section 7 of the Essential Commodities Act, 1955 read with Section 120-B of the Indian Penal Code. Feeling aggrieved thereby accused No. 9 has preferred this revision application.2. The relevant facts giving rise to the prosecution in question may be stated in brief as follows : -The Food Corporation of India has its godown at Sada. The Civil Supplies Department collects food grains from the said godown and transports and stores the sam...
Enjay Hotels P. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Jun-08-1998
Reported in: (1998)LC297Tri(Mum.)bai
1. These two appeals are against the orders, dated 28-2-1997 and 28-5-1997 passed by Commissioner of Customs, JCH, Nhava Sheva made in Orders No. S/40-EPCG-161/96 & S/10-16/97 VA respectively. By the said order he had denied exemption claimed by the appellants under Notification 110/95-Cus. in respect of marbles imported by them on the ground that the imported items do not come within the definition of the capital goods as defined under the said notification.2. Appellants are carrying on the business under the name and style of M/s. Enjay Hotels Pvt. Ltd. They proposed by their letter dated 15-2-1996, to build a 5 star hotel at Sandra (W), Mumbai. For the said project they made an application for import of marble slabs under Export Promotion Capital Goods Scheme to DGFT. The said application of the appellants was for 3 kinds of marble slabs viz. SERPEGGIANTE, GREEL THASSOS, RPSA PASTELLO of the Italian made. For their project they wanted to import the above types of marbles. The a...
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