Mumbai Court December 2001 Judgments

Ganji. K. Chheda Vs. Ito

Court: Mumbai

Reported in: (2004)87TTJ(Mumbai)257

ORDERG.C. Gupta, J.M.This appeal by the assessee for the assessment year 1995-96 is directed against the order of the Commissioner (Appeals).2. The 1st ground of appeal of the assessee is that the Commissioner (Appeals) erred in enhancing the assessment by adding back a sum of Rs. 50,000 in respect of loan received from Nina Vaidya. We have heard the parties. The learned counsel for the assessee has argued that the identity of the creditor, Smt. Nina Vaidya, is proved on record. The GIR number as AC/Cir. 21/Not allotted was furnished and that confirmation letter has been filed and that a sum of Rs. 50,000 has been shown as receipt on 15-7- 1994, by way of cheque. The Commissioner (Appeals) has held that the credit entry of Rs. 50,000 in the name of Smt. Nina Vaidya is not proved and accordingly directed the assessing officer to bring to tax this amount of Rs. 50,000 under section 68 of the Income Tax Act and the assessment of the appellant was enhanced, The Commissioner (Appeals) has o...

In Re: Icici Bank Limited

Court: Mumbai

Reported in: 2002(3)ALLMR145; (2002)104BOMLR399

D.G. Karnik, J.1. ICICI Limited (hereinafter called as 'Transferor Company') which is the applicant herein has proposed a Scheme of Arrangement by way of amalgamation/merger into ICICI Bank Limited (hereinafter called as Transferee Company').2. By this petition under Section 391 of the Companies Act, 1956, the applicant seeks a direction to convene a meeting of the equity shareholders of the applicant Company. No direction is sought to convene a meeting of the creditors or any class of the creditors of the applicant Company. It was contended that merger of a Company with another involves only an arrangement between the Company and its members and as such it is not necessary to order convening of a meeting of the creditors or any class of them and it is not necessary to obtain their consent for the proposed amalgamation.3. There are three types of arrangements which are common, namely, (i) An arrangement between a Company and its members; (ii) An arrangement between a Company and its cr...

Tata Ssl Limited Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. For reasons recorded below, we waive the pre-deposit of duty and stay recovery thereof and take up the appeal itself for disposal with the consent of both the sides.2. The issue relates to wire rods transferred from Tarapur unit of the appellants to other units. The duty paid on wire rods used for manufacture of wire is available to the recipient units as credit. For the period in dispute two recipient units had paid approximately Rs. 43.80 crores as duty in PLA and therefore, the amount of duty demanded viz. Rs. 16.69 crores stand paid to the Revenue in the sense that the two recipient factories had already paid during the period in question, more than Rs. 43.80 crores as duty, in cash. This submission of the appellants made before the adjudicating authority is not controverted.Therefore, prima-facie the decisions of the Tribunal in the case of CCE v. Chloride Industries (1997 (22) RLT 586 (T) and Gopal Zarda v. CCE (2001 (128) ELT 409 (T) are squarely applicable on this aspect. W...

Asarwa Mills, B.B. Chokhani and Vs. Commissioner of Central Excise,

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2002)(80)ECC417

1. The above applications for waiver of pre-deposit of duty of Rs. 19,35,776 confirmed against M/s. Asarwa Mills and penalty of Rs. 20 lakhs confirmed in terms of Rule 173Q upon the Mills and penalty of Rs. One lakh on the Cost Accountant and Rs. 50,000/- on the Sr. Salesman of the Mills arise out of the order of Commissioner of Central Excise, Ahmedabad. The duty demanded arises as a result of finding that the Mill has not taken into account the administrative overheads, interest, bonus, gratuity, sales overheads etc. in the assessable value of the yarn issued for captive consumption, thus resulting in evasion of duty during the year 1994-95 to August, 1997. It is the submission of the ld.counsel for the applicants that as per the Cost Accounting Records (Cotton Textiles) Rules 1977, certain items are to be taken into account in the assessable value of captively consumed yarn and it is clear from Proforma B.II to the Cost Accounting Rules that elements such as administrative overhead...

Akbarali Husenali Gulamreza Vs. Hotel Rezaliya Private Ltd., Pune

Court: Mumbai

Reported in: 2002(2)ALLMR338; 2002(4)BomCR329; 2002(2)MhLj133

1. This petition, filed under Article 227 of the Constitution of India, takes an exception to the order dated 15-12-1989 passed by the 5th Additional District Judge, Pune in Misc. Civil Appeal No. 121/1987, confirming the order dated 7-3-1987 passed by the 2nd Additional Small Causes Court, Pune, in Misc. Application No. 565/1983, whereby the application filed under Order 9, Rule 13 of Code of Civil Procedure, 1908 ('C.P.C.' for short), was dismissed.FACTS 2. The facts giving rise to the present petition in nutshell are as under :--The petitioner herein was a tenant in the suit premises owned by the respondent M/s Hotel Rezaliya Private Limited.3. The respondent in the capacity of landlord had filed civil suit No. 226/1978 against the petitioner for possession of the suit premises. One of the dates on which suit was fixed for hearing was 6-7-1983. The petitioner could not remain present on 6-7-1983. With the result, the Court trying the suit proceeded exparte and decreed the suit vide ...

Nirlon Synthetic Fibres and Chemicals Ltd., Bombay and anr. Vs. Munici ...

Court: Mumbai

Reported in: AIR2002Bom295; (2002)1BOMLR762; 2002(2)MhLj807

R.M.S. Khandeparkar, J. 1. Heard the learned advocates for the parties. Perused the records.2. This appeal arises from the judgment and order passed by the Additional Chief Judge of Court of Small Causes, Bombay in Municipal Appeal No. M/1979 of 1985 on 18th November, 1988. By the impugned judgment, the Appellate Court has dismissed the appeal filed by the Appellants against the order dated 31st July 1985 by the Investigating Officer whereby the rateable value of the premises in question was modified to Rs. 8,65,850/- from Rs. 7,78,000/- per annum with effect from 1st April, 1982.3. Few facts relevant for the decision are that the Appellants are the owners of a building known as 'Nirlon House' at Worli consisting of basement, ground floor and five other floors. The construction of the building was completed in the year 1968 and a part thereof was let out whereas the remaining part was occupied by the Appellants. The rateable value of the building was fixed at Rs. 7,74,180/-. The notice...

Air India Employees Guild Vs. Air India Ltd. and ors.

Court: Mumbai

Reported in: (2002)IILLJ989Bom

1. Rule. Respondents waive service. By consent, petition is taken up for final hearing. 2. The petitioner Air India Employees Guild, ('AIEG' for short) is a trade union registered under the Trade Unions Act, 1926 and it is also a recognised union for Air India Ltd. under the Code of Discipline. A Memorandum of Settlement was arrived at; under Section 12(3) read with Section 18(3) of the Industrial Disputes Act, 1947 on September 2, 1999 before the Asst. Commissioner of Labour (Central) Mumbai between the representatives of the petitioner and Air India; Ltd. Under the said settlement it was agreed that 0.5% of the basic pay of all the employees covered by the AIEG be deducted from the salary and the amount so deducted by the management be handed over directly to the; families of the deceased employees every month by account payee cheque issued in their names. Pursuant to this settlement the management of Air India is making deductions from the wages of the employees in terms of the sett...

Ambika Shikshan Sanstha and anr. Vs. Vice Chancellor and anr.

Court: Mumbai

Reported in: 2002(3)BomCR41

H.L. Gokhale, J.1. Heard Mr. Deshpande, learned Counsel, for the petitioners, Mr. Kulkarni along with Ms. Khan Advocate for respondent No. 1 and Mr. Kaptan along with Mr. Johari Advocate for respondent No. 2.2. The first petitioner is an education society which is running the second petitioner-college. This college is established for imparting training to the teachers who become instructors in physical education. This institution has been running since 1993-94 and the courses available in this institution were recognised by the first respondent-University at all material time. This has been the position since 1993-94.3. The National Council for Teacher Education Act (for short NCTE Act), 1993 came into force on 17-8-1995. That Act required the institutions offering course for teachers in physical education to obtain recognition from the National Council for Teacher Education (shortly known as NCTE). It is the case of the petitioners that accordingly they applied to the Western Regional...

Shri Santosh Bhau Panchal Vs. Shri M.N. Singh, Commissioner of Police ...

Court: Mumbai

Reported in: (2002)104BOMLR442

Vishnu Sahai, J.1. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner - detenu Santosh Bhau Panchal has impugned the order dated 18.5.2001 passed by the first respondent Mr. M.N. Singh, Commissioner of Police, Brihan Mumbai detaining him under Sub-section (1) of Section 3 of the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootleggers, Drug Offenders and Dangerous Persons Act, 1981 (No. LV of 1981)(Amendment - 1996).The detention order along with the grounds of detention was served on the detenu on 14.10.2001, (according to the respondents, on the date of his arrest i.e. 21.5.2001 the detenu refused to accept the service of the detention order and the grounds of detention.)True copies of the detention order and the grounds of detention are annexed as Annexures A and B respectively to this petition.A perusal of the grounds of detention (Annexure B would show that the impugned order is founded on one C.R. i.e. C.R. No. 187 ...

Swem Industries Vs. Commissioner of C. Ex. and Cus.

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2003)(154)ELT417Tri(Mum.)bai

1. These appeals are taken up for disposal, with the consent of both sides, after waiving deposits.2. By the order impugned in these appeals, the Commissioner has demanded duty of Rs. 9.92 lakhs approx from Swem Industries (Appeal 284/01), imposed a penalty of equal amount under Section 114A of the Act, imposed a penalty of Rs. 1.00 lakh on Fahod Safi Motiwala, its partner, ordered confiscation of three tempo vans each owned by Salimbhai Gulam Hussain Shaikh, Jafar Mohd. Usmangani Khoji and Ilyasbhai Shaikh, with an option to redeem it on payment of fine of Rs. 1000/- each, and imposed penalties of Rs. 10,000/- each on them, and also on Dayaram Prajapati, who was present in the tempo owned by Ilyasbhai Shaikh.3. The facts on the basis of which the Commissioner has come to his conclusion are these. The officers of the Directorate of Revenue Intelligence intercepted two of the tempo vans on the highway near Surat, and found them to be loaded with polyester yarn of foreign origin. Invest...