Mumbai Court November 1999 Judgments
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Girni Kamgar Sangharsha Samiti Vs. Matulya Mills Ltd. and ors.
Court: Mumbai
Decided on: Nov-22-1999
Reported in: [2000(85)FLR843]; (2000)IILLJ343Bom
1. Heard the learned Counsel for the Petitioner and various Respondents. Perused the Auditor's Report dated September 20, 1999 obtained by the Operating Agency viz. Industrial Development Bank of India. Also perused the affidavit of Respondent No. 5 dated October 26, 1999 with regard to the aforesaid Auditor's report. In the said affidavit in para 4, it is very clearly pointed out that almost a sum of Rs. 592 lakhs have been paid, which payments/entries apparently appear to be of doubtful nature. The said affidavit also points out various deviations committed by the Respondent Nos. 1 and 2, as per Auditor's report.2. Mr. Gonsalves, the learned Counsel for the petitioner has brought to our notice the order of B.I.F.R. dated February 13, 1996 wherein the Promoters have categorically undertaken to induct the deficit in the required funds for implementation of the scheme from their own sources to ensure that the projections of the scheme are strictly adhered to. The said order also records...
Deputy Commissioner of Vs. Paramount Hotels Ltd.
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-21-1999
Reported in: (2001)76ITD25(Mum.)
1. This is a departmental appeal for the assessment year 1993-94 and it arises out of the order of the CIT(A), Cen. II, Mumbai dated 20-11-1997. "On the facts and in the circumstances of the case, the ld. CIT(A) erred in law in directing to Assessing Officer to allow the deduction of Rs. 7,50,000 on account of loan processing charges paid to HDFC and Citi Bank even though the Assessing Officer had rightly disallowed the claim since as per the terms and conditions of the loan agreement, these charges of Rs. 7,50,000 are to be spared over the entire period of the term loan which makes it clear that the expenditure of Rs, 7,50,000 has neither accrued nor crystallised during the year under consideration." The assessee is a private limited company. The assessment year involved is 1993-94 for which the previous year ended on 31-3-1993. In the relevant accounting year, the assessee was involved in the following activities : The assessee debited loan processing charges to HDFC of Rs. 7,50,000...
Gujarat Agro Industries Corpn. Vs. Commr. of C. Ex.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-19-1999
Reported in: (2000)(116)ELT481Tri(Mum.)bai
1. This appeal was argued by Shri Amar Dave. The revenue was represented by Shri Ramteke, JDR.2. The facts leading to the dispute are as under :- M/s. Gujarat Agro Food Ltd. were registered as an SSI unit. They have two factories; one at Junagadh and another at Gandevi. These two units were independently availing the concessional rate of duty for SSI units under various Notifications from time to time. On 20-2-1987, M/s. Gujarat Agro Food Ltd. was amalgamated with M/s. Gujarat Agro Industries Corpn. Ltd. which was an existing entity, which was not registered with the SSI Directorate. On 27-8-1987 an application for registration was made by M/s. Gujarat Agro Industries Corpn. Ltd. The ld. Counsel under instruction from his client states that the registration has not so far been granted. However, at about the same time i.e. on 2-9-1987 the fact of amalgamation was notified to the department and an L-4 licence in the name of the Corporation was requested which was duly granted on 14-7-19...
R.B. Singh Vs. Assistant Commissioner of
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Nov-19-1999
Reported in: (2000)75ITD250(Mum.)
1. In view of the common grounds involved in these 5 appeals filed by the same assessee, they are consolidated in the common order for the sake of convenience. These appeals have been filed by the assessee Shri R. B. Singh of M/s. Machinery Sales and Services, Bombay against the common order passed by the CIT(A) confirming the levy of penalty under section 271(1)(c) of the Income-tax Act for the assessment years 1975-76, 1976-77, 1977-78, 1978-79 and 1980-81.2. The assessee is carrying on business in the purchase and sale of textile machinery parts under the name M/s. Machinery Sales and Services. The assessee filed returns of income for the Assessment Years 1975-76 to 1980-81 declaring the total income as shown below : 3. The assessments were completed under section 144 of the Income-tax Act on total income as under : 4. The Assessment orders were made on 27-3-1986 for all the 5 years under consideration. The assessee later filed returns of income on 17-3-1987 showing the total incom...
The Factory Manager, Nanded Textile Mills Vs. Dinkar Rambhau Bijjamwar ...
Court: Mumbai
Decided on: Nov-19-1999
Reported in: 2000(1)ALLMR383; 2000(2)BomCR144; [2000(86)FLR644]; (2000)IILLJ106Bom
ORDERB.H. Marlapalle, J.1. The petitioner Textile Mills has assailed the judgment and order delivered by the learned Additional District Judge at Nanded in Regular Civil Appeal No. 228 of 1981 whereby the appeal was allowed and the order passed by the learned Judge of the Labour Court, rejecting the application of the respondent No. 1 employee was set aside.2. The respondent employee approached the Labour Court and filed an application under section 15(2) of the Payment of Wages Act and claimed that he was working as Assistant Motor Winder with the petitioner factory during the period from 17th January, 1977 to 17th January 1978 and he was paid wages at the rate of Rs. 205.90 Ps. as basic plus clearness allowance of Rs. 71.50 ps. as against the basic pay of Rs. 266.92 Ps. as applicable to the post of Assistant Motor Winder. Even the dearness allowance on the basic pay of Rs. 266.92 Ps. could have been Rs. 92.22 Ps. as was claimed by the applicant workman. The petitioner management appe...
Rangrao S/O Ganpatrao Kulkarni Vs. Syed Hakim S/O Syed Jafar and Other ...
Court: Mumbai
Decided on: Nov-19-1999
Reported in: 2000(1)ALLMR417; 2000(2)BomCR211; (2000)2BOMLR542; 2000(2)MhLj659
ORDERB.H. Marlapalle, J.1. The subject matter of this petition pertains to land admeasuring 11 Acres and 15 Gunthas in Survey No. 15 of village Warphal, Taluka Partur. The said land belonged to one Lambabai had no son and, therefore, had adopted Vithal the son of her daughter. The respondent No. 1 filed Regular Civil Suit No. 50 of 1974 in the Court of Civil Judge, Junior Division at Partur for perpetual injunction against the present petitioner (defendant No. 2) while Vithal was impleaded as defendant No. 1, contending therein that the plaintiff was cultivating the said land as a tenant for the last about 10/ 12 years and in the agriculture year 1974-75 his possession was disturbed by defendant No. 2. The present petitioner/defendant No. 2 filed his written statement opposing the suit and contended the Vithal had inducted him as a tenant since 1972 in pursuance of the Thoka Patrak dated 1st March, 1972 and subsequently by a registered sale-deed executed in 1974 the suit land was purch...
Faircot S.A., a Company Incorporated Under the Laws of the United King ...
Court: Mumbai
Decided on: Nov-19-1999
Reported in: 2000(2)BomCR429; (2000)1BOMLR525; 2000(2)MhLj223
ORDERD.K. Deshmukh, J.1. This petition has been filed by the petitioner under section 6 of the Foreign Awards (Recognition and Enforcement) Act, 1961 for enforcement of Award dated 20th January, 1989 made by the Arbitrators appointed under the Rules & Bye-laws of the Liverpool Cotton Association Limited, Liverpool, U.K.2. The respondent has raised an objection to the petition.3. The facts that are material and relevant for deciding the petition are that the petitioner is a company incorporated under the laws of the United Kingdom. The petitioner lodged a claim with the Liverpool Cotton Association for reference of their claim to arbitration. Their claim was that the respondent had entered into a contract with the petitioner for purchase of 340 tons of Sudan raw cotton. However, the respondent committed breach of that contract, as a result of which the petitioner suffered damages. It appears that according to bye-laws of the Liverpool Cotton Association, the Arbitrators of the petition ...
Avinash Ramesh Mandape Vs. the State of Maharashtra
Court: Mumbai
Decided on: Nov-19-1999
Reported in: 2000(5)BomCR572; 2000BomCR(Cri)572; 2000(1)MhLj833
ORDERD. G. Deshpande, J.1. Heard Mr. Mundargi for the appellant - accused and A.P.P. for the State.2. The appellant - accused who was young boy of about 17 years on the date of the incident, which occurred in September 1993, is convicted for the offence under section 302 of Indian Penal Code by the IIIrd Additional Sessions Judge (B.B. Satarle), Kolhapur, by his judgment dated 28-6-1995 and is sentenced to life imprisonment and fine of Rs. 1,000/- or in default S.I. for one month.3. It was mainly contended by Mr. Mundargi that considering the facts and circumstances of the case, the only question was whether offence for which appellant- accused could be convicted was under section 302 of the I.P.C. or under section 304 (Part - 2) of the I.P.C. Since, Mr. Mundargi restricted his submissions to this aspect of the case, the learned A.P.P. also restricted his arguments, and from the circumstances it was submitted by him that the case made out by the prosecution was under section 304 (Part-...
Nihalchandji Chhogmalji, Since Deceased, by His Heir and ors. Vs. Babu ...
Court: Mumbai
Decided on: Nov-19-1999
Reported in: (2000)102BOMLR240
J.A. Patil, J.1. This is Plaintiffs appeal against the judgment and decree dated 15th December, 1982 passed in Summary Suit No. 692 of 1965 by the Judge, City Civil Court, Bombay, whereby the Plaintiffs claim for recovery of an amount of Rs. 12,751/- together with interest thereon came to be dismissed.2. The Plaintiff had filed the abovementioned suit on the basis of a hundi dated 27th June, 1965 drawn by the Defendant on M/s, Shah Babulal Bastimal and Company at Mumbai. According to the Plaintiff, the said hundi was a Shahjog Hundi and it was for a valid consideration. The Plaintiff endorsed the said hundi in favour of one Kundanmalji Fatehchandji of Mumbai and the said Kundanmalji Fatehchandji presented the said hundi for payment to the Bank of Maharashtra. The said Bank, in its turn, presented the hundi for payment to the drawee Babulal Bastimal and Company. However, the said hundi was dishonoured by the drawee with the result, the Plaintiff was constrained to file the suit to recov...
R. B. Singh Vs. Assistant Commissioner of Income Tax
Court: Mumbai
Decided on: Nov-19-1999
Reported in: [2001]75ITD250(Mum)
ORDERM. M. Cherian, A.M.In view of the common grounds involved in these 5 appeals filed by the same assessee, they are consolidated in the common order for the sake of convenience. These appeals have been filed by the assessee Shri R.B. Singh of M/s. Machinery Sales and Service, Bombay against the common order passed by the Commissioner (Appeals) confirming the levy of penalty under section 271(1)(c) of the Income Tax Act for the assessment years 1975-76, 1976-77, 1977-78, 1978-79 and 1980-81.2. The assessee is carrying on business in the purchase and sale of textile machinery parts under the name M/s. Machinery Sales and Services.The assessee filed returns of income for the assessment years 1975-76 to 1980-81 declaring the total income as shown below:Assessment Year Income returned1975-76-Rs. 71,1201976-77-Rs. 46,9571977-78-Rs. 33,8701978-79-Rs. 16,9001980-81-Rs. 17,500The assessments were completed under section 144 of the Income Tax Act on total income as under.Assessment Year Total...
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