Mumbai Court February 2000 Judgments
Commissioner of Income-tax Vs. Bachhraj and Co. Ltd.
Court: Mumbai
Decided on: Feb-21-2000
Reported in: [2001]249ITR463(Bom)
1. The short point which arises for consideration in the present matter is whether Section 104 of the Income-tax Act, 1961, stood attracted to the facts of the case. The assessee is an investment company. It has persisted in not declaring the dividends. The assessee has made its investment in the UTI. It has invested Rs. 45.50 lakhs in the 1964 Unit Scheme. The directors of the company exercised their discretion in investing the said amount in the 1964 Unit Scheme, particularly, in view of the fact that the company is an investment company and, as found by the Tribunal, the object was not to evade tax, but to expand its investment business. In the case of CIT v. Gangadhar Banerjee and Co. (Pvt.) Ltd. : [1965]57ITR176(SC) , the Supreme Court has observed that the Income-tax Officer acting under Section 104 is not assessing income to tax. He only does what the directors should have done. He puts himself in the place of the directors and that the yardstick to be applied should be that of ...
Tag this Judgment!Commissioner of Income-tax Vs. Mahindra Sintered Products Ltd.
Court: Mumbai
Decided on: Feb-21-2000
Reported in: [2001]252ITR576(Bom)
1. The short point which arises for consideration in this reference is whether contribution to superannuation fund of employees stood covered by the notification issued by the Central Board of Direct Taxes (CBDT), dated October 21, 1965, and, if so, whether only 80 per cent, of the amount actually paid would be allowed as deduction and whether that deduction should be spread over for five years. In the case of CIT v. Sirpur Paper Mills : [1999]237ITR41(SC) , it has been held by the Supreme Court that the notification issued by the Central Board of Direct Taxes cannot curtail the scope of deduction granted by the Income-tax Act, 1961.2. In view of the said judgment of the Supreme Court, the reference is answered in favour of the assessee and against the Department.3. Reference disposed of accordingly....
Tag this Judgment!Commissioner of Income-tax Vs. West Coast Paper Mills Ltd.
Court: Mumbai
Decided on: Feb-21-2000
Reported in: [2001]250ITR506(Bom)
1. Three questions arise for consideration in this appeal. 2. In the assessment year in question, the assessee claimed deduction of Rs. 21,78,401 on account of dearness allowance paid pursuant to the interim order passed in a pending writ petition before this court. This was disallowed on the ground that the amount was not allowable either in the year of the award or in the year when the matter became final. However, the Tribunal rightly came to the conclusion that in the earlier years, the claim of the assessee on account of dearness allowance stood granted by the Assessing Officer. In the circumstances, there is no reason for the Assessing Officer, in the present case to take a different view and disallow the said amount of dearness allowance. 3. As regards the amount spent by the assessee on presentation articles is concerned, it may be mentioned that the Assessing Officer disallowed the expenditure of Rs. 2,45,000 under rule 6B of the Income-tax Rules, 1962, on the ground that requ...
Tag this Judgment!Commissioner of Income-tax Vs. Ghodawat Pan Masala Products Pvt. Ltd.
Court: Mumbai
Decided on: Feb-21-2000
Reported in: (2001)170CTR(Bom)45; [2001]250ITR570(Bom)
1. This appeal is preferred against the decision of the Tribunal whereby the Tribunal deleted the addition made under Chapter XIV-B of the Income-tax Act, 1961.2. The facts giving rise to this appeal, briefly, are as follows : During the course of search, stock worth Rs. 1,32,52,685 was found in the factory/business premises of the assessee. The stock consisted of raw material and finished products. The assessee stated in reply that it was not maintaining the record of daily consumption of raw material and finished goods as it was not possible to do so after 1995. The Assessing Officer recast the trading account and by applying a gross profit rate of 15 per cent, came to the conclusion that the closing stock should have been Rs. 2,05,90,919 as against the stock of Rs. 1,38,14,855. This gross profit rate was arrived at on the basis of the rate being shown at 15 per cent, for April 1, 1995, to September 27, 1995. Being aggrieved by the order of the Assessing Officer, the appeal was prefe...
Tag this Judgment!Subhash Dnyanoba Jadhav and Others Vs. the State of Maharashtra and Ot ...
Court: Mumbai
Decided on: Feb-21-2000
Reported in: 2000(5)BomCR850; 2000BomCR(Cri)850
ORDERVishnu Sahai, J. 1. Since both these matters, arise out of the same set of facts and a common impugned judgment, we are disposing them off by one Judgment.2. Three persons namely Subhash Dnyanoba Jadhav, Appasaheb Dnyanoba Jadhav and Bapu Dnyanoba Jadhav were tried by the Additional Sessions Judge, Pandharpur, in Sessions Case No. 4 of 1995, for offences punishable under sections 302, 307, 324 all read with section 34 I.P.C. The learned trial Judge was pleased to convict and sentence Subhash Dnyanoba Jadhav and Appasaheb Dnyanoba Jadhav in the manner stated hereinafter:(i) Under section 302 read with section 34 I.P.C. to undergo imprisonment for life and to pay a fine of Rs. 500/- in default to undergo three months R.I.(ii) Under section 307 read with section 34 I.P.C. to undergo seven years R.I.; (iii) Under section 324 read with section 34 I.P.C. to undergo three years R.I. The substantive sentences of the said persons were directed to run concurrently.The learned trial Judge ho...
Tag this Judgment!Commissioner of Income-tax Vs. Jalna Seeds Processing and Refrigeratio ...
Court: Mumbai
Decided on: Feb-21-2000
Reported in: [2000]246ITR156(Bom)
1. The short point which arises for consideration in this appeal is whether, on the facts, the said processing involves manufacture so as to enable the assessee to claim the relief under Section 80HH of the Income-tax Act, 1961.2. The facts giving rise to this appeal, briefly, are as follows. In the manufacturing process, the raw seeds undergo various stages to make them a marketable lot. Stage one involves conveyance of the raw seeds through an elevator into the seed pre-cleaner. Stage two requires the seeds to come out of the pre-cleaner and into a machine which separates the stones from the seeds. Stage three involves fine cleaning of the seeds. Stage four involves the said seeds to go through the gravity separator machine which bifurcates the seeds according to specific weight. Stage five deals with post processing and certain tests to be carried out like physical testing, physiological testing and genetic testing. Stage six deals with assessing the intensity of a suitable dosage a...
Tag this Judgment!Mayabai and ors. Vs. State of Maharashtra and ors.
Court: Mumbai
Decided on: Feb-21-2000
Reported in: I(2000)ACC599
J.N. Patel, J.1. Rule. Heard forthwith by consent of the learned Counsel for the parties.The petitioner No. 1 is the widow of deceased Narendra Ramaji Kokarde who is alleged to have met an accidental death, after having met with an accident near Bhole Petrol Pump, BHEL Office, Nagpur, on being hit by a motor vehicle bearing Registration No. MH31/H.1544 (Tata Mobile). Narendra Ramaji Kokarde was rushed to Sitabuldi Police Station, Nagpur, from where he was sent to the Government Medical College and Hospital, Nagpur, for necessary treatment. The Medical Officer at the Casualty Ward and the Surgeon on duty happened to examine him and, on diagnosis, found that the patient had abrasion on forehead and abrasion on right leg. No evidence of heard injury was present, and they did not feel it necessary to admit him as an indoor-patient for treatment. Therefore, the police brought back the injured at Sitabuldi Police Station where he was lodged to take rest. Narendra Kokarde thereafter died in t...
Tag this Judgment!Xlo-gwb Carbenshits Ltd. Vs. Commr. of Central Excise and
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-18-2000
Reported in: (2000)(70)ECC301
1. The appellants are manufacturing and supplying Propeller Shafts to M/s. Vehicle Factory Jabalpur, under Chapter X Procedure vide Notification No. 239/86 against C.T. 2. At the time of their removal of their finished goods under Chapter X Procedure against G.P. 2 and AR.3A, they have debited/reversed the appropriate Modvat credit availed by them in respect of inputs used by them in or in relation to the manufacture of final products in terms of provisions of Rule 57C of Central Excise Rules, 1944. The assessees objected to applicabilities of Rule 57C by the department and they also filed a refund claim for Rs. 1,87,759. The adjudicating authority after going through the facts of the case and after referring to the judgment of the Tribunal in the case of Kirloskar Oil Engines Ltd. v. CCE rejected the refund claim. The appellants filed an appeal before the Collector (Appeals) who by the impugned order agreed with the contentions of the department by following judgment of the Tribunal ...
Tag this Judgment!Time Masters Vs. Commr. of Customs (Exports)
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Feb-17-2000
Reported in: (2000)(68)ECC650
1. The appellants entered for export wrist watches claiming benefit of the DEPB Scheme. The export goods were covered under AR-4A documents filed by the manufacturers. The containers had been sealed in the factory of the manufacturer by the jurisdictional Central Excise Officers. The value per watch was Rs. 44.25. The value per watch as per the AR-4 was Rs. 44.15. The Officers of the Customs detained this consignment and on examination were of the opinion that the value of similar watches in local market was substantially lower. The concerned persons were examined. The proprietor of the exporting appellants stated that the watches had been purchased from M/s. Cenzer Industries Ltd., Goa of whom he was one of the Directors. The Commercial Manager of Cenzer Industries Ltd. was examined. He stated that he did not possess any knowledge about valuation of watches but that he had signed the documents at the instance of the Director thereof. He produced bills of entry covering the importatio...
Tag this Judgment!Shri Tertuliano Renato De Silva and Another Vs. Shri Francisco Lourenc ...
Court: Mumbai
Decided on: Feb-17-2000
Reported in: 2000(3)ALLMR545; 2000(3)BomCR29; 2000(2)MhLj812
ORDERR.M.S. Khandeparkar, J.1. This revision application arises from the order dated 8th February, 1999 passed in Civil Misc. Appln. No. 133/98/A in Special Civil Suit No. 67/90/A by the Civil Judge S.D., Vasco-da-Gama. By the impugned order, the Trial Court has dismissed the application dated 10-7-98 filed by the petitioners for amendment of the written statement.2. Placing reliance upon the judgment of the Apex Court in the matter of Basavan Jaggu Dhobi v. Sukhnandan Ramdas Chaudhary (dead) through LR.S. and others, reported in , Shri Kantak, learned Advocate appearing for the petitioners, submitted that it is settled law that it is open to the defendant to take even contrary stands or contradictory stands in the written statement and bearing in mind the said judgment of the Apex Court, the Trial Court has clearly acted with material irregularity in rejecting the application for amendment filed by the respondents. He further submitted that by the proposed amendment, the petitioners/d...
Tag this Judgment!- ‹ Prev
- 1
- 2
- 3
- 4
- 5
- 7
- 8
- 9
- 10
- 11
- Next ›
- Last »