Mumbai Court November 2003 Judgments
Ajanta Pharma Ltd. Vs. Assistant Commissioner of Income Tax and ors.
Court: Mumbai
Decided on: Nov-29-2003
Reported in: (2004)186CTR(Bom)521; [2004]267ITR200(Bom)
R.M.S. Khandeparkar, J. 1. Heard. Perused the records.2. Since common questions of law and facts arise in all these petitions, they were heard together and are being disposed of by this common judgment.3. Rule. By consent, the rule is made returnable forthwith. The respondents waive service in all the aforesaid writ petitions.4. By these present petitions, the petitioners seek to challenge the action on the part of the respondent No. 1 in relation to issuance of notices dt. 28th Jan., 2003 under Section 148 of the IT Act, 1961 (hereinafter called as 'the said Act'), and the accompanying reasons recorded for the same seeking to reassess the income for the asst. yrs. 1998-99, 1999-2000 and 2000-2001 by reopening the original assessment orders dt. 27th Dec., 2000, 8th March, 2002 and 30th April, 2002, respectively. The legality and validity of the said notices and the reasons appended thereto are sought to be challenged primarily on the ground that the action on the part 01 the respondent...
Tag this Judgment!Mrs. Alpana Chinai Vs. Income Tax Officer
Court: Mumbai
Decided on: Nov-29-2003
Reported in: 2004(3)BomCR746; (2004)187CTR(Bom)67; [2004]269ITR123(Bom)
J.P. Devadhar, J.1. This Tax Appeal is filed by the appellant-assessee under Section 260A of the IT Act, 1961 relating to the asst. yr. 1986-87.2. According to the assesses, the following substantial questions of law do arise out of the order of the Tribunal. They are :'1. Whether in determining the capital gains chargeable to tax can the AO have regard to a so-called notional benefit in determining the full value of the consideration that accrues or arises as a result of the transfer ?2. Whether capital gains would be chargeable only on the full value of the monetary consideration accruing or arising to an assessee and whether any incidental or remote benefit which benefit does not flow directly to the appellant is to be ignored in determining the chargeability to tax of the capital gains ?3. Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the full value of the consideration accruing to the appellant on the transfer of the shares o...
Tag this Judgment!Suburban Education Society and anr. Vs. Charity Commissioner of Mahara ...
Court: Mumbai
Decided on: Nov-29-2003
Reported in: 2004(2)ALLMR575; 2004(2)MhLj792
V.M. Kanade, J.1. The petitioners have filed this petition under Article 226 of the Constitution of India and are seeking writ of certiorari or any other appropriate writ for quashing the Order dated 6th August, 2001 passed by the Charity commissioner refusing permission to sell the property owned by the Petitioner No. 1 - Trust to the third parties and for direction directing the 1st respondent to sanction the said application in respect of the said Plot Nos. 154 and 155 situated at Goregaon (West).2. Brief facts which are relevant for the purpose of deciding the present petition are as follows :3. The petitioner No. 1 is registered under the Societies Registration Act, 1860 and the Bombay Public Trust Act, 1950 and the petitioner No. 2 is the General Secretary-Trustee of the 1st petitioner. Respondent No. 1 is the Charity Commissioner of the Maharashtra State. Respondent No. 2 is the State of Maharashtra and respondent No. 3 is the Ex-Vice President of the Parents Teachers Associatio...
Tag this Judgment!NitIn Jairam Gadkari Vs. State of Maharashtra and anr.
Court: Mumbai
Decided on: Nov-29-2003
Reported in: 2004(4)MhLj419
D.D. Sinha, J.1. Heard Mr. Gilda, learned counsel for the applicant, Mr. Muzumdar, learned Additional Public Prosecutor for the respondent No. 1 and Mr. Dangre, learned counsel for respondent No. 2 in Criminal Revision Application No. 44 of 2000, Mr. Joshi, learned counsel for the applicants and Mr. Dangre, learned counsel for the respondent sole in Criminal Application No. 345 of 2000, and Mr. Anand Jaiswal, learned counsel for the applicant and Mr. Dangre, learned counsel for the respondent sole in Criminal Application No. 349 of 2000.2. All the above referred proceedings are initiated by the applicants under Sections 482 as well as 397, Criminal Procedure Code, against the common order, dated 10th February, 2000, passed by Chief Judicial Magistrate, Nagpur, issuing process against the applicants for the offences punishable under Sections 200 and 201, read with Section 34 of the Indian Penal Code, in Regular Criminal Case No. 530 of 1998.3. Mr. Joshi, learned counsel, states that the...
Tag this Judgment!Vijay Transport Corporation and anr. Vs. Mafatlal Finance Co. Ltd. and ...
Court: Mumbai
Decided on: Nov-29-2003
Reported in: IV(2004)BC515
V.M. Kanade, J.1. By this application, the petitioners are challenging the judgment and order dated September 28, 1999 passed by the Chief Metropolitan Magistrate. Vth Court, Boiwada, whereby the petitioners are convicted and sentenced to pay a fine of Rs. 2 lacs and in default of suffer simple imprisonment for a period of six months and further out of the fine amount. Rs. 1,80,000/- was directed to be paid to the complainant. The petitioner No. 2 is the original accused and is partner of M/s. Vijay Transport Corporation. The said order of the Metropolitan Magistrate has been confirmed by the Sessions Judge. Bombay by dismissing the appeal filed by the petitioner. The petitioners have filed this criminal application under Section 482 of the Code of Criminal Procedure challenging the aforesaid orders.2. The brief facts which are necessary for the purpose of deciding this criminal application are summarised as under:Petitioner No. 1 is the partnership firm and petitioner No. 2 is a partn...
Tag this Judgment!New India Assurance Co. Ltd. Vs. Pushpa and ors.
Court: Mumbai
Decided on: Nov-29-2003
Reported in: II(2004)ACC554; 2005ACJ1520
S.T. Kharche, J.1. The appellant New India Assurance Co. Ltd. challenged the award dated 3.10.1991 passed by the Additional Motor Accidents Claims Tribunal, Nagpur in Claim Petition No. 22 of 1989 awarding compensation of Rs. 3,00,000 to the respondent Nos. 1 and 2 making the appellant insurance company as well as respondent Nos. 3 and 4 owner and driver of the motor vehicle involved in the accident jointly and severally liable to pay the amount of compensation with interest at the rate of 15 per cent per annum from the date of petition till realisation in this appeal.2. Brief facts are as under:Respondents-claimants are legal heirs of deceased Ashok who died as a result of accident arising out of the use of motor vehicle, i.e., Matador bearing registration No. MYW 4614. The accident occurred on 8.7.1988 at about 23.00 hrs. near Makardhokha village on the Katol Road, Nagpur. The deceased was travelling on a scooter.The driver of Matador in the accident had given a dash to the scooter c...
Tag this Judgment!Mrs. Alpana Chinai Vs. Ito
Court: Mumbai
Decided on: Nov-29-2003
Reported in: [2004]134TAXMAN484(Bom)
J.P. Devadhar, J.This Tax Appeal is filed by the appellant/assessee under section 260A of the Income Tax Act, 1961 relating to the assessment year 1986-87.2. According to the assessee, the following substantial questions of law do arise out of the order of the Tribunal. They are :'1. Whether in determining the capital gains chargeable to tax can the assessing officer have regard to a so-called notional benefit in determining the full value of the consideration that accrues or arises as a result of the transfer ?2. Whether capital gains would be chargeable only on the full value of the monetary consideration accruing or arising to an assessee and whether any incidental or remote benefit which benefit does not flow directly to the appellant is to be ignored in determining the chargeability to tax of the capital gains ?3. Whether on the facts and in the circumstances of the case, the Tribunal was justified in holding that the full value of the consideration accruing to the appellant on th...
Tag this Judgment!Mullaji Prints P. Ltd. Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-28-2003
Reported in: (2004)(165)ELT542Tri(Mum.)bai
1. Shri S. Suriyanarayanan, ld. Advocate appeared on behalf of the appellants. Shri Vimlesh Kumar, ld. DR, appeared on behalf of the Revenue. The learned Counsel submitted that the Commissioner (Appeals) has not condoned the delay in filing the appeal before him despite the fact that the delay was adequately explained to him. He also submitted that the appellant has got very good case on merits and non-condonation of delay may result in injustice to the appellants. He, further, contended that the Apex Court has always taken liberal view in condoning the delay.2. After hearing both sides and perusal of the records, we condone the delay in filing the appeal before the Commissioner (Appeals) and remand the same to the Commissioner (Appeals) to decide on merits after affording reasonable opportunity of being heard to the appellants and pass a fresh speaking order....
Tag this Judgment!Devarsons Corporation Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-28-2003
Reported in: (2004)(166)ELT340Tri(Mum.)bai
1. The short question that arises in determination in this appeal is whether duty and penalty could be imposed when goods are cleared to a Public Sector Undertaking at prices/value lower than those approved in the price lists.2. After hearing both sides and considering the fact that the values at which the goods have been cleared to the said Public Sector Undertakings have not been found to be in violation of the Section 4 of the Central Excise Act, 1944, the procedural requirement of getting the lower value approved may call for a penalty, but no duty demands can be determined.3. Consequently the orders as regards duty are set aside and on penalty confirmed and appeal disposed off in above terms....
Tag this Judgment!Commissioner of Central Excise Vs. D.C. Polyester Pvt. Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Nov-28-2003
Reported in: (2004)(166)ELT472Tri(Mum.)bai
1. After hearing both sides and perusal of case records, I find that Board's Circular No. 701/17/2003-CX., dated 12-3-2003 allows refund of unutilised credit of Additional Duties of Excise (Goods of Special Importance) on ex port of the finished goods even if such finished goods are not subject to levy of the said additional duty. As such, the department's appeal has no merit and the same is rejected....
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