Mumbai Court January 2003 Judgments

Taparia Tools Ltd. Vs. Jt. Cit

Court: Mumbai

Reported in: [2003]126TAXMAN544(Bom)

S.H. Kapadia, J.The above six appeals have come before this court under section 260A of the Income Tax Act. Income Tax Appeal Nos. 88 of 2001, 89 of 2001 and 90 of 2001 are filed by the assessee whereas, Income Tax Appeal Nos. 155 of 2001, 180 of 2001 and 181 of 2001 are filed by the department. For the sake f convenience and brevity, the facts in Income Tax Appeal No. 89 of 2001 are hereinafter mentioned.Facts2. During the assessment year 1996-97, the assessee issued non-convertible debentures aggregating to Rs. 6,00,00,000 on a private placement basis. The face value of the debenture was Rs. 100 each. As regards payment of interest on debentures, the debenture-holders were at their option either periodically receiving interest on half-yearly basis at 18 per cent per annum for five years or one year up-front payment of Rs. 55 per debenture. The option in respect of payment of interest was to be exercised within 30 days of the date of allotment. Under the terms of the issue, the debent...

Bluemont Fibres Pvt. Ltd. Vs. Commissioner of Central Excise

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

1. After being adjourned once at the request of the applicants, as their common advocate is out of the country, this matter has come up to day. Adjournment is again sought on the ground that their advocate is out of station and the Managing Director of the assessee is unable to attend the case, as he had earlier undergone some surgery. We do not think that the prolonged absence of the advocate out of the country is sufficient cause for adjournment. If the advocate finds it necessary to be away from the country for a long period, that cannot result the appeal before the Tribunal held up. The applicants would have been well advised to make alternative arrangements. We do not understand why no other officers of the firm could have appeared to assist. We therefore decline to adjourn and after having read the appeals memorandum, stay applications and other document and heard the departmental representative, we proceed to dictate our order.2. The Joint Commissioner confirmed the notice issu...

Floatglass India Limited Vs. the A.C.W.T., Range 10(1)

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2004)89ITD542(Mum.)

1. This appeal has been filed by the assessee against the order dated 12.6.02 of CWT(A)-X, Mumbai. The first ground of appeal is as under: "The CWT(A)-X erred in holding that the Addl.CWT was justified in considering the insured value of the motor cars as their market value. The appellant submits that the insured values of the motor cars do not represent their market values. The appellant, therefore pay that the Addl.CWT be directed to value the motor cars on the basis of insured values after allowing a suitable deduction to arrive at their market values as on the valuation date." 2. The facts are that the market value of motor cars was disclosed in the return of net-wealth filed by the assessee at Rs. 14,90,600/-. This value was accepted by the AO with following short discussion: "The total wealth of the assessee comprises of value of movable properties being motor cars of Rs. 14,90,600/-. The authorized representative, has explained that the value of motor cars have been adopted at ...

Maharashtra State Textile Corporation Limited Vs. Gopal Balu Saikar (S ...

Court: Mumbai

Reported in: 2003(2)ALLMR47; 2003(4)BomCR836; [2003(97)FLR251]; (2003)IILLJ313Bom; 2003(3)MhLj531

S.A. Bobde, J.1. By this Petition the Maharashtra State Textile Corporation Limited, challenges the order of the Appellate Authority passed under the Payment of Gratuity Act, 1972. By this Order the Appellate Authority has upheld the order of the Controlling Authority passed under the Payment of Gratuity Act dated 6th August, 1986 by which that Authority has held the Petitioner liable to pay gratuity to the Respondent No. 1 on the basis that he was in continuous service of 17 years, 7 months and 14 days for the purpose of calculating his gratuity.2. The 1st Respondent was employed as a Weaver in Western India Spinning and Manufacturing Mills which owned a textile mill. That company ran into financial difficulty and the textile mill was closed from July, 1976.3. The creditors of the mill moved a winding up petition before this Court. On 13th January, 1977 this Court ordered the winding up of the company and appointed the Official Liquidator as 'Liquidator' of the Company. By an order da...

Taparia Overseas (P) Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court: Mumbai

Reported in: 2003(1)ALLMR846; 2003(2)BomCR7; 2003(161)ELT47(Bom); 2003(2)MhLj532

V.C. Daga, J.1. The legal debate raised in these conjoint petitions centers around common saying from law books, that fraud vitiates everything. This debate is raised in the petitions filed under Article 226 of the Constitution of India, challenging the action of the Revenue, the Custom Authorities in withholding the clearance of the goods described as 'Polyester Filament Yarn' imported by the petitioners under the licences acquired and held by them as transferees for value without notice of the alleged fraud.2. The petitioners are different but the issues involved are identical so a single judgment will dispose of all these writ petitions. We propose to discuss thefacts drawn from Writ Petition No. 3343 of 1987, Taparia Overseas (P.) Ltd. v. Union of India, as the facts involved in all other petitions are more or less similar except with some minor variations which have no bearing on ultimate decision of these petitions.3. Brief background facts sketched from the above petition are as...

Yakub Ebrahim Patel @ Yakub Vs. S.H. Shool and ors.

Court: Mumbai

Reported in: 2003BomCR(Cri)839; 2003CriLJ1167; 2003(3)MhLj27

S.S. Parkar, J.1. By this petition the petitioner-detenu has challenged the order of detention passed against him under the provisions of Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. 2. The petitioner was arrested on 19-2-2000 under the provisions of NDPS Act. The petitioner had preferred two bail applications for his release from custody, both on medical grounds as well as on merits. Both the applications were rejected by the court. Thereafter the impugned order dated 18th July 2000 was issued by the respondent No. 1, pursuant to which the petitioner was detained on 19th July 2000. The petitioner had moved writ petition earlier being Criminal Writ Petition No. 1377 of 2000 challenging the order of detention. As the said writ petition came up for hearing on 20th July 2001 i.e. after the expiry of the period of detention, the same came to be dismissed as being infructuous. While dismissing the said Cri. Writ Petition on 20th July 2001 this Court...

Wadhwa Sales Corporation and ors. Vs. Narendra S/O Shrikisanji Pacheri ...

Court: Mumbai

Reported in: 2003(4)BomCR115; 2003(3)MhLj480

R.G. Deshpande, J.1. Heard Shri N.A. Padhye, advocate for Shri A.S. Jaiswal, advocate for the petitioners, Shri B.N. Mohta, advocate for respondent No. 1 and Shri Deopujari, the learned A.G.P. for respondents No. 2 and 3.2. Both these petitions are being disposed of by this common judgment.3. Petitioner/tenant has approached this Court challenging the order dated 22-9-1994 passed by the Additional Collector, Nagpur, in Rent Control Appeal Nos. 130/A-71(2)/92-93 and 131/A-71(2)/92-93 which is a common judgment and order in both these appeals arising out of order dated 28-6-1993 passed by the Rent Controller, Nagpur, in Revenue Case Nos. 497/A-71(2)/1988-89 and 496/A-71(2)7/1988-89, which are disposed of by a common order by the learned Rent Controller whereby the Revenue Courts below allowed the applications filed by the respondent No. 1 under Sub-clause (3)(v) and (3)(vi) of Clause 13 of the C.P. & Berar Letting of Houses and Rent Control Order, 1949 (hereinafter shall be referred to a...

People for Elimination of Stray Troubles (Pest) by Its Convenor Dr. Ro ...

Court: Mumbai

Reported in: 2003(4)BomCR588

Deshpande D.G., J.1. This public interest writ petition is filed by the petitioners against the State of Goa and about 38 or 39 local bodies including Municipalities and Village Panchayats for fulfilling their obligatory dues under their respective Acts, for confinement and elimination of stray dogs/cattle and for preventing and checking the spread of dangerous diseases and accidents and further restraining the animal welfare organizations from interfering with the local bodies in the discharge of their statutory responsibilities and obligations and if they fail to abide by such restraint, then make them liable financially as well as legally for all the losses and sufferings of the public and for other reliefs which includes providing compensation to the victims of bites or accidents caused by stray dogs.2. This petition is opposed mainly by the intervenors who are the N.G.Os. who applied for intervention but the opposition is not to demand that the menace of the stray dogs should be c...

Pac Systems Pvt. Ltd. Vs. Commr. of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2002)LC6615Tri(Mum.)bai

(1) The Tribunal passed orders on 15-1-1998 allowing the assessee's appeal. On 12th March, 2002, the appellant approached this Bench with a miscellaneous application stating that the penalty of Rs. 20,000/- which became refunded as a result of the Tribunal's order had not been refunded and that despite letters dated 13-2-1998, 9-3-1998, 27-4-1998 and 30-4-1998, no action had taken place. It also stated that it requested the department to refund demurrage of Rs. 44,335/- which it had placed to the Central Warehousing Corporation. When the matter came up before the Tribunal on 5th April, 2002, it was adjourned to 19th April for giving time to the departmental representative to check up and report on the issue. On 19th April, on the departmental representative's request, matter was adjourned to 30th May. The matter was successively again adjourned to 22nd July and 23rd September, since no response had come from the department. On 1st October, the Tribunal, noting that all its efforts to ...

Krishna Export Corporation Vs. Commr. of Customs

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2003)(161)ELT209Tri(Mum.)bai

1. Each of the appellant before us imported consignments of goods stated to be synthetic rags. Examination of each of the consignments showed that it was not composed of entirely synthetic rags but was found to contain either serviceable garments or garments cut in two pieces. On this being brought to the notice of the importers, each of them agreed in writing to pay duty on the goods as if they were garments. Each of them also produced import licences to cover the importation as if they were garments. The Commissioner accepted this offer and ordered the goods to be classified as garments for purpose of import policy as well as for assessment to duty. He ordered that the value of the goods should be increased to US$ 0.35 per kilogram wherever it was declared lower and any higher value declared was to be undisturbed. He ordered confiscation of the goods under Clauses (d) and (m) of Section 111 of the Act with an option to redeem the goods on payment of fine, which should be on the basi...