Mumbai Court January 2000 Judgments

Mrs. Alpana Piramal Vs. Income Tax Officer

Court: Mumbai

Reported in: (2000)67TTJ(Mumbai)636

ORDERM.A. Bakshi, J.M.The appeal of the assessee is directed against the order dated 7th Feb., 1992, of Commissioner (Appeals), Mumbai. Rival contentions have been heard and records perused.2. The relevant facts in this case are that the assessee, who is daughter of Dr. Mohanlal Piramal, was having 81,150 shares of face value of Rs. 10 each in M/s Piramal Rassayan Ltd. (hereinafter referred to as PRL). Other members of Piramal family were also having shares of the said company and the total shares of the company aggregating to 2,70,600 equity shares were owned by the family members and associate concerns as underName of the shareholderNo. of sharesDr. Mohanlal Piramal 14,200Mrs. Vijaya N. Piramal 12,150Mrs. Alka M. Shah 78,150Mrs. Archana Bhawnani 11,150Miss Alpana M. Piramal 81,150M/s Piramal Spg. & Wvg. Mills Ltd. 73,000Total2,70,000The father of the assessee viz. Dr. Mohanlal Piramal, acting on her behalf and on behalf of the other shareholders, entered into an agreement with Mls Ak...

Advance Paints P. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2000)(69)ECC329

1. This is an appeal relating to reversal of the Modvat credit when an assessee who comes within the Small Scale Industries exemption under Notification No. 175/86. The issue has been succinctly put by the Commissioner (Appeals) in the impugned order as follows : "The first relates to the recovery of duty on the goods lying in stock as on 31-3-1988. The Assistant Collector has held that the company has opted out of modvat with effect from 1-4-1988 they are required to reverse the credit availed on the inputs contained in finished stock as on 31-3-1988. The company does not say that the duty was not payable and says that in fact it cleared the stock on payment of duty. It was their submission before the Assistant Collector that since part of the duty had been paid through R.G. 23 A and part through the PLA, the amount due should be worked out on the average proportion of such clearances in the past. The Assistant Collector has rightly rejected this on the ground that what is payable on...

Capt. Gurubux Singh Vs. Commissioner of Customs (Prev.)

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2000)(119)ELT644Tri(Mum.)bai

1. In this case when the appeal was taken up for hearing Shri Merchant fairly points out to me that in the memorandum of appeal the portion relating to verification has been signed by the appellant who is dead now. But the place assigned for signature of the memorandum of appeal he has not signed. He tries to justify in a very feeble way reading from the Customs Rules (Appeal) that once verification has been signed such an action is more or less sufficient compliance of the Appeals Rules.2. I am afraid I cannot agree to that. The memorandum of appeal is the document or the written instrument through which the petitioner seeks remedy against the order, which is prejudicial to him. The memorandum of grounds is a very important piece of instrument which states the ground on which the lower authority's order is attacked or challenged the validity. It is not a mere technicality. It is a very serious and solemn act. Supposing in a memorandum on grounds some vituperative or violent words are...

Bhoir Sand and Allied Industries Vs. Deputy Commissioner of

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2001)77ITD347(Mum.)

1. The only issue involved in this appeal is with regard to the eligibility to claim investment allowance on the cranes used in the process of bringing silt containing sand in the sea bed to the shore.2. According to the asscssee-company, it is engaged in the business of manufacture/production of sand from the sea bed. The assessec carried on this operation with the help of dredger, barges, launches, cranes and other assets, The dredgers are fitted with a mechanically operated chain of buckets approximately 100 to 125 in number which rotates on an elevator. These buckets go 50 to 80 fts. deep in the water for extracting of sand from the sea bed. The extraction activity includes digging, drilling and cutting of sea bed. The buckets are operated with the help of diesel engine fitted to the dredger and they hit the rocky surface of the sea bed while digging, drilling and cutting the sea bed.The material which is hidden under the water is extracted with the help of chain of buckets. The s...

Deputy Commissioner of Vs. Asian Distributors Ltd.

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal is filed by the Revenue and it pertains to asst. yr.1988-89. The first issue in this appeal is with regard to the taxability of the amount of Rs. 1,80,00,000 receivable by the assessee by virtue of a development agreement entered into on 29th August, 1987.The facts of the case revolve in a narrow compass.2. The assessee is an incorporated company. It owned a land at Thane.During the previous year ended on 31st March, 1988, the assessee-company entered into a development agreement with M/s Runwal Investments (P) Ltd. Bombay and in terms of the said agreement, a total sum of Rs. 1.80 crores was payable to the company in instalments against which a sum of Rs. 1.30 crores was received by the assessee before 31st March, 1988 and the balance of Rs. 50 lakhs (last instalment) is to be received in the month of May, 1988. The instalments received from the developer was shown under the head "sundry creditors".3. However, the AO was of the view that by virtue of the development ag...

Smruti Trading Company Vs. Income-tax Officer

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal by the assessee is directed against the order passed by the CIT under s. 263 of the Act on 12th January, 1997.2. The appeal arises this way. The assessee is a partnership firm consisting of two partners. One is M. H. Patel, an individual, and the other is H. P. Patel (HUF). It is common ground that H. P. Patel is a partner in the firm representing the joint family of which he is the Karta. According to cl. (8) of the partnership deed, Shri H. P. Patel shall be the working partner and shall be paid a monthly remuneration of Rs. 6,000, which may be increased in future as mutually agreed upon between the partners. For the year ended 31st March, 1993, which is the first year of the business, which is in the manufacture and sale of embroidered fabrics and laces, the assessee-firm paid remuneration of Rs. 72,000 to H. P. Patel. In the return, the same was claimed as a deduction as salary paid to a working partner as per the provisions of s. 40(b) as substituted by the Finance...

Shantaram Keshav Javadekar Vs. Pune Municipal Corporation and ors.

Court: Mumbai

Reported in: (2000)102BOMLR33

S.S. Parkar, J.1. The petitioner who is a resident of Karve Nagar in Kothrud area in Pune Corporation City Limit had filed complaint on behalf of the public and moved the Magistrate's Court under Section 431 of the Bombay Provincial Municipal Corporations Act, 1949 for removal of nuisance caused by a garbage depot in Kothrud area which is a thickly populated residential area. This public spirited litigant, I am told, is an Advocate by profession and that probably speaks about the perseverance displayed by him in writing to the Pune Municipal Corporation for removal of this nuisance and thereafter taking the matter in the Court of the Magistrate and then fighting it from one Court to the other up to this Court.2. The grievance made in the Court of the Judicial Magistrate First Class, Pune by filing Misc. Application No. 7 of 1985 was that the garbage storing depot was started in Kothrud on Pune-Mulshi Road in area spread over nearly 30 acres of land. It was originally at Bibwewadi from ...

Deputy Commissioner of Income Tax Vs. Asian Distributors Ltd.

Court: Mumbai

Reported in: (2001)70TTJ(Mumbai)88

ORDERD. Manmohan, J.M.This appeal is filed by the revenue and it pertains to assessment year 1988-89. The first issue in this appeal is with regard to the taxability of the amount of Rs. 1,80,00,000 receivable by the assessee by virtue of a development agreement entered into on 29-8-1987. The facts of the case revolve in a narrow compass.2. The assessee is an incorporated company. It owned a land at Thane. During the previous year ended on 31-3-1988, the assessee-company entered into a development agreement with M/s. Runwal Investments (P) Ltd. Bombay and in terms of the said agreement, a total sum of Rs. 1.80 crores was payable to the company in instalments against which a sum of Rs. 1.30 crores was received by the assessee before 31-3-1988 and the balance of Rs. 50 lakhs (last instalment) is to be received in the month of May, 1988. The instalments received from the developer was shown under the head 'sundry creditors'.3. However, the assessing officer was of the view that by virtue ...

Smruti Trading Company Vs. Income Tax Officer

Court: Mumbai

Reported in: (2001)70TTJ(Mumbai)114

ORDERNon-application of mind by assessing officerCatch Note:The Commissioner was of the view that the assessment made was erroneous and was prejudicial to the interests of the revenue--He considered the allowance of the salary under section 40(b) of the Act to have been given by the assessing officer without application of mind--According to him, the deduction can be allowed only in respect of salary paid to a working partner who should always be representing himself and cannot represent an HUF-- A member of the HUF or Karta thereof could represent in the firm only when the HUF is a partner not because of the individual efforts alone of the Karta but due to many other considerations, such as capital contribution, etc--He, therefore, considered the assessment to be erroneous and prejudicial to the interests of the revenue and accordingly notice under section 263 was issued--Justified--There is nothing in assessment order to show that assessing officer had applied his mind to question as...

Voltas Switchgear Plant Employees' Union Vs. M/s. Voltas Switchgear Li ...

Court: Mumbai

Reported in: 2001(2)BomCR299; (2001)2BOMLR455; [2001(89)FLR268]; 2001(2)MhLj24

V. C. Daga. J.1. Heard. Rule returnable forthwith. Respondent waives service. 2. The petition in question is directed against the interim order dated 20th December, 1999 passed by the Industrial Court, Thane, refusing togrant interim relief under Section 30(2) of the Maharashtra Recognition of Trade Unions and Prevention of Unfair Labour Practices Act, 1971 (hereinafter referred to as 'M.R.T.U. & P.U.L.P. Act' for short).3. The petitioner is a registered trade union recognised under the provisions of M.R.T.U. & P.U.L.P. Act and represent all the workmen employed in the Switchgear factory at Thane run by the respondent/ Company. The respondent/Company is a Public Limited Company having its registered office and its factory at 2nd Pokhran Road, Thane. The Company is engaged in the business of manufacturing and marketing of electrical switchgears, panels and other accessories having 560 employees including supervisors and managerial staff.4. The present controversy involved in the petitio...