Mumbai Court July 2005 Judgments
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The Commissioner of Income-tax Vs. Pithwa Engg. Works
Court: Mumbai
Decided on: Jul-01-2005
Reported in: 2005(5)BomCR41; (2005)197CTR(Bom)655; [2005]276ITR519(Bom)
V.C. Daga, J.1. By this reference under Section 256(1) of the Income-Tax Act, 1961, the Income Tax Appellate Tribunal has referred the following question of law for the opinion of this Court : 'Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that mistakes in assessments completed u/s. 143(1) of I.T. Act, 1961 cannot be rectified by resorting to the provisions of sec. 154 of the Income-tax Act, 1961? '2. Heard learned counsel for the applicant-revenue. Perused reference proceedings. 3. This Court in the case of Commissioner of Income Tax v. Camco Colour Co. : [2002]254ITR565(Bom) ruled that the instructions issued by the Central Board of Direct Taxes, New Delhi, dated 27th March, 2000; wherein monetary limit for the department for filing reference to the High Court earlier fixed for Rs.50,000/-came to be revised and fresh instructions are issued to file references only in cases where tax effect exceeds Rs.2,00,000/-, are binding on th...
Firoz Khan S/O Mohd. Khan Vs. Sayed Irphan Ali S/O Syed Aftekhar Ali,
Court: Mumbai
Decided on: Jul-01-2005
Reported in: I(2006)ACC319; 2005(4)ALLMR357; 2006(2)BomCR806; (2005)107BOMLR1487; [2006(108)FLR1073]
S.T. Kharche, J.1. Heard Mr. N.S. Bhattad, learned Counsel for the appellant and Mr. S.R. Pathak, learned Counsel for respondent No. 3. 2. This appeal is directed against the judgment and order dated 01/11/1999 passed by the Commissioner, Workmen compensation in W.C.A. Case No. 42/94, whereby the Commissioner has directed respondent Nos. 1 to 3 to pay jointly and severally the Rs. 29,882/- towards compensation plus Rs. 7,470/- towards 25% penalty and Rs. 2,537/- towards 6% interest, total amount of Rs. 39,891/- to the appellant. 3. The appellant is an employee working with the respondents No. 1 and on 15/1/1993 he met with an accident while discharging his duties and while he was in employment of the respondent. He had sustained injury to the thumb of the left hand and he was referred to Mayo Hospital. He was hospitalized for five days. His thumb of the left hand was required to be amputed. He had incurred the medical expenses of Rs. 1,000/- as well as Rs. 1,200/- on account of Ricksha...
Firoz S/O Mohd. Khan Vs. Sayed Irphan S/O Syed Aftekhar Ali and ors.
Court: Mumbai
Decided on: Jul-01-2005
Reported in: 2005(4)MhLj1057
S.T. Kharche, J.1. Heard Mr. N. S. Bhattad, learned counsel for the appellant and Mr. S. R. Pathak, learned counsel for respondent No. 3.2. This appeal is directed against the judgment and order dated 1-11-1999 passed by the Commissioner, Workmen Compensation in W.C.A. Case No. 42/94, whereby the Commissioner has directed respondent Nos. 1 to 3 to pay jointly and severally Rs. 29,882/- towards compensation plus Rs. 7,470/- towards 25% penalty and Rs. 2,537/- towards 6% interest, total amount of Rs. 39,891/- to the appellant.3. The appellant is an employee working with the respondents No. 1 and on 15-1-1993 he met with an accident while discharging his duties and while he was in employment of the respondent. He had sustained injury to the thumb of the left hand and he was referred to Mayo Hospital. He was hospitalized for five days. His thumb of the left hand was required to be amputed. He had incurred the medical expenses of Rs. 1,000/- as well as Rs. 1,200/- on account of Rickshaw far...
Vimal Madhukar Wasnik (Dr.) Vs. Sole Arbitrator, the Honourable Shri J ...
Court: Mumbai
Decided on: Jul-01-2005
Reported in: 2006(1)ALLMR254; 2006(1)ARBLR255(Bom); 2006(1)BomCR419
Rebello F.I., J.1. The petitioner has approached this Court in the exercise of its extra ordinary jurisdiction under Article 226 of the Constitution of India to set aside the order dated 9th December, 2001 passed by the learned Arbitrator appointed under the provisions of the Indian Arbitration and Conciliation Act, 1996, hereinafter referred to as the Act. It is the case of the petitioner that she is a Partner of the Partnership firm known as Vidarbha Distillers in which she has 25% share holding. The partnership was registered on 28th February, 1982. The petitioner's contention is that another partner Aspi Bapuna, the respondent No. 3 herein, played a fraud on her stating that the financial position of the firm is not good and that there are Sales Tax outstandings in a few crores and if the petitioner co-operates the firm can be saved and the personal properties of the petitioner could be liquidated. The petitioner is a divorcee. The respondent No. 3 under influence obtained signatur...
Pradeep V. Naik Vs. Sulakshana A. Naik
Court: Mumbai
Decided on: Jul-01-2005
Reported in: 2006(3)ARBLR177(Bom); 2006(3)BomCR470
Parkar S.S., J.1. Heard both sides. This is an application filed for appointment of an arbitrator to resolve the disputes arising between the applicant and the non-applicants in the following circumstances:There was a partnership agreement for carrying on certain business in the name of 'Mudranand', entered into between the applicant and the non-applicants on 12-2-1988, which contained, inter alia, Clause 17 for referring the disputes to the arbitrators. Clause 17 of the said agreement reads as follows : '17. In the event of any dispute or difference of opinion in the matter of interpretation, execution or carrying out the objects and functions of the enterprise, arbitrators and the arbitrators appointed shall amongst themselves appoint an Umpire. The decision of the arbitrators would be binding on the parties to the dispute. In the event of any difference amongst them the decision of the Umpire would be final and binding upon all concerned.As there was a dispute between the parties, a...
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