Mumbai Court April 2003 Judgments
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Pfizer Employees' Union, a Trade Union registered under the Trade Unio ...
Court: Mumbai
Decided on: Apr-17-2003
Reported in: 2003(3)ALLMR56; 2003(5)BomCR536; (2003)IIILLJ259Bom; 2003(4)MhLj667
D.K. Deshmukh, J. 1. In all these Appeals the same order passed by the learned single Judge of this Court is challenged, therefore, all these Appeals can be conveniently disposed of by a common order.2. In Appeal No. 378 of 1995, order passed in Writ Petition No. 1946 of 1993 has been challenged. That Petition was filed by the Trade union of the employees working in Pfizer India Ltd., the Respondent No. 3 in the Writ Petition. In that Writ Petition order dated 4th March, 1993 passed by the Regional Provident Fund Commissioner (herein after referred to R.P.F.C.) was challenged.In Appeal No. 349 of 1995, the order passed by the learned single Judge in Writ Petition No. 1051 of 1993 has been challenged. That Petition was filed by the Contract Advertising (I) Ltd., the employer as also some of the employees of Petitioner No. 1. By that Petition, in substance, directions contained in letter dated 27-3-1993 were challenged.In Appeal No. 350 of 1995 the order passed by the learned single Judg...
The Commissioner of Income-tax Vs. the Central Bank of India
Court: Mumbai
Decided on: Apr-17-2003
Reported in: (2003)184CTR(Bom)225; [2003]264ITR522(Bom)
S.H. Kapadia, J.1. By order dated 29/1/19981, the Tribunal has referred to this Court under Section 256(1) of the Income-tax Act, the following question of law (which has been reframed by us) concerning Assessment Year 1970-71. The Reference has been made at the instance of the Department.2. The assessee is Central Bank of India. The assessee-bank claimed reliefs under Section 80M on the dividends amounting to Rs. 15,58,646/-. However, the ITO deducted Rs. 15,04,220/- from Rs. 15,58,646/- leaving a net amount of Rs. 54,426/- being the eligible amount for computation of reliefs under Section 80M. According to the ITO, the major income of the bank was falling under the head 'Income from Securities' under Sections 18,19 and 20 of the Income-tax Act as it stood at the relevant time. According to the ITO, Section 20 contemplated deduction from 'Interest on Securities' in the case of a Banking Company. According to the ITO, the Bank has earned income under the head 'Interest on Securities' w...
The Commissioner of Income-tax Vs. Bank of Maharashtra
Court: Mumbai
Decided on: Apr-17-2003
Reported in: 2003(6)BomCR93; (2003)184CTR(Bom)138; [2003]264ITR568(Bom); 2004(1)MhLj111
S.H. Kapadia, J.1. The assessee is a Banking Company. The Assessment Years with which we are concerned with in this Reference are 1983-84 to 1986-87 for which the relevant accounting periods ended on 31st December of each previous year. The matter arises under Section 5 of the Interest Tax Act, 1974.FACTS: 2. The assessee - Bank of Maharashtra filed its Return of Chargeable Interest amounting to Rs. 17.39 crores. It claimed deduction to the extent of rediscounting charges paid to IDBI and other Credit Institutions under the Rediscounting/Refinancing Scheme. This was disallowed by the ITO, inter alia, on the ground that under Section 5 of the Interest Tax Act, the rediscounting charges/refinancing charges constituted interest and since under Section 5 of that Act, the gross receipt of interest is chargeable to tax, the assessee bank was not entitled to claim deduction for rediscounting charges paid by Bank of Maharashtra to IDBI. Being aggrieved, the assessee bank carried the matter in ...
Earth Designers and Developers Private Limited, a Company Incorporated ...
Court: Mumbai
Decided on: Apr-17-2003
Reported in: 2003(6)BomCR87; 2003CriLJ3785
A.M. Khanwilkar, J.1. This petition was placed for hearing at the stage of show cause notice to the Respondent, calling upon the Respondent to show cause as to why action under the provisions of Contempt of Courts Act, 1971 should not be initiated against him. The backdrop in which the present petition has been filed is that, the Respondent is the Administrator General and official Trustee (sole trustee) of Shree Venkatesh Balaji Temple property situate at bangana road, Walkeshwar road, Mumbai. The Petitioner company was intending to purchase the Trustee property for which trustee and the Petitioner executed Memorandum of Understanding. However, as the property belonged to the public trust, approval from the High Court under the provisions of Official Trustees Act, 1913 was required to be obtained. For that purpose, Trust Petition No. 5 of 1995 was instituted in this court. Besides, the said trust petition, one writ petition was filed by the third party questioning the proposed sale in...
The Commissioner of Income-tax Vs. the British Bank of Middle East
Court: Mumbai
Decided on: Apr-17-2003
Reported in: (2003)183CTR(Bom)488; [2004]265ITR31(Bom)
S.H. Kapadia, J. 1. For the assessment Year 1983-84, the Department has come by way of Reference under Section 256(1) of the Income-tax Act for our opinion on the following three questions.'(1) Whether on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the expenditure incurred on repairs, maintenance and insurance to assessee's owned accommodation provided to the employees is not perquisites within the meaning of Section 40A(5) of the Income-tax Act?'2. In the case of Citibank N.A., Bombay v. C.I.T., Bombay City-III decided on 5/3/2003, vide Income-tax Reference No. 5 of 1994, this Court took the view that expenditure incurred by the assessee company on repairs and maintenance of flats owned by the assessee company and used for the residence of employees is a perquisite within the meaning of Section 40A(5) of the Income-tax Act. Therefore, to that extent, we answer Question No. 1 in the Negative i.e. in favour of the Department and against ...
Commissioner of Income-tax Vs. Diners Business Services Pvt. Ltd.
Court: Mumbai
Decided on: Apr-17-2003
Reported in: (2003)185CTR(Bom)623; [2003]263ITR1(Bom)
S.H. Kapadia, J.1. During the accounting year ending March 31, 1987, relevant to the assessment year 1987-88, the assessee had let out a portion of its commercial premises in Bombay and Hyderabad to Diners Club India Limited (sister concern) for which the assessee received non-interest bearing security deposit of Rs. 48,51,000 for the Bombay property and Rs. 4,50,000 for the Hyderabad property. The assessee also received annual rent for both the properties from Diners Club India Limited. The Assessing Officer held that the arrangement was a collusive arrangement between two sister concerns and that the assessee had received lesser rent vis-a-vis the market rent from Diners Club Limited. Consequently, the Assessing Officer held that 60 per cent. of the amount should be taxed as value of the benefit which accrued to the assessee. Accordingly, the Assessing Officer made an addition of Rs. 20,19,921 to the income of the assessee on this ground under Section 28(iv) of the Income-tax Act, 19...
Om Prakash Navani and Phool Omprakash Navani Vs. Herebert Joseph Perei ...
Court: Mumbai
Decided on: Apr-16-2003
Reported in: 2003(3)ALLMR657; 2003(3)MhLj989
A.M. Khanwilkar, J.1. This Chamber Summons has been taken out by the Defendants 1B, 3, 4 and 5 for the following reliefs:'(1) that the Prothonotary and Senior Master be directed to forthwith return to the Plaintiffs the sum of Rs. 10.96 lakhs deposited under false pretences in this Court.(2) that the Prothonotary and Senior Master be directed to forthwith apply for and obtain cancellation of registration of the consent decree dated 18th October, 1984 as a purported conveyance/transfer, and to ensure that all relevant indices are rectified accordingly.(3) that in the alternative to (2) hereinabove, the Prothonotary and Senior Master be directed to inform the Registrar at Bombay that as a result of the admitted failure of the Plaintiffs to make payment within the time specified in the decree, the decree registered is on its own terms a decree that stands cancelled and further procure that such cancellation be noted in the register along with the decree, and further ensure that all releva...
The Commissioner of Income-tax Vs. Citibank N.A.
Court: Mumbai
Decided on: Apr-16-2003
Reported in: (2003)184CTR(Bom)228; [2003]264ITR18(Bom)
S.H. Kapadia, J.1. By Order dated 13th March 1995 passed by the Tribunal under Section 256(1) of the Income-tax Act, the following three Question have been referred for our opinion arising during the Assessment Year 1978-79. This Reference is at the instance of the department.QUESTION NO. 1:Whether the Tribunal was right in holding that the Club Membership fees paid to the Employees of Citibank did not constitute perquisite within the meaning of Section 40A(5) of the Income tax Act.?ANSWER TO QUESTION NO. 1.:In view of our judgment in the case of American Express Bank v. CIT, reported in : [2002]258ITR601(Bom) , we answer the above Question in the affirmative i.e. in favour of the assessee and against the department.QUESTION NO. 2.:Whether the Tribunal was right in holding that for the purpose of disallowance under Section 40A(5) salary included retirement benefits like encashment of unavailed leave and whether the Tribunal was right in holding that for the purposes of disallowance und...
Godrej Soaps Ltd., a Public Limited Company Incorporated Under the Com ...
Court: Mumbai
Decided on: Apr-16-2003
Reported in: 2003(6)BomCR144
Nishita Mhatre, J.1. This Petition challenges the order dated 6th February 1999 passed by the Labour Court, Mumbai granting certain claims of the Respondent workmen under Section 33C(2) of the Industrial Disputes Act, 1947 (hereinafter referred to as 'the Act'). The first Respondent workmen had filed an application under Section 33C(2) of the Act before the Labour Court claiming ad hoc lump sum of Rs. 3,500/-, ex gratia payment of Rs. 6,000/- for the period 1994-95 in lieu of bonus, Rs. 4000/- as T.C. and a service award given to workmen on completion of 25 years and 15 years. In the Written Statement filed by the Petitioner, it was submitted that the workmen had ceased to be in employment pursuant to a voluntary retirement scheme which the Petitioner had floated pursuant to an agreement with the recognised Union. According to the Petitioner Company, the Respondent workmen had all accepted the voluntary retirement scheme and, therefore, nothing was due and payable to them as claimed in...
The Insight Diagnostic and Oncological Research Institute Private Limi ...
Court: Mumbai
Decided on: Apr-16-2003
Reported in: (2003)182CTR(Bom)632; [2003]262ITR41(Bom)
S.H. Kapadia, J.1. The short question which arises for determination in this appeal is: whether the assessee was entitled to deduction of investment allowance on CT Scan Machine installed and used by the assessee during the Accounting Year ending on 31/3/1990 relevant to the Assessment Year 1990-91.FACTS:2. Assessee is a Company incorporated on 31/1/1989. Its main object was to run a Diagnostic Centre in Mumbai. The assessee filed its return of income for the year ending 31/3/1990 returning a loss of Rs. 44.90 lakhs. During the year, the assessee had bought CT Scan Machine at the cost of Rs. 83.89 lakhs. In its computation of income, the assessee had claimed a deduction of investment allowance under Section 32A of the Act at the rate of 20% amounting to Rs. 16.77 lakhs on the aforestated Machine after debiting the reserve as per Section 32A(4) of the Act. The assessment was completed under Section 143(3) of the Act vide Order dated 24/4/1992 determining the loss on account of unabsorbe...
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