Mumbai Court February 2007 Judgments

Shri Shailesh D. Shah, D.A. Shah Vs. Cc

Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in: (2007)7STR470

1. These are six appeals. 3 pertain to M/s. D.A. Shah & Sons and other 3 pertain to Shri Shailesh D Shah. Since the issue is common in both orders they are being decided through a common order.2. The short issue involved in this case is whether an appeal against the order passed by the Deputy Commissioner can be filed under the provisions of Section 84 of the Finance Act, 1994 which gives powers to the Commissioner to call for the record of a proceeding under this Chapter which has been taken by the Central Excise Officer Sub-ordinate to him and to make such inquiry or cause such inquiry to be made and, subject to the provisions of this Chapter, pass such order thereon as he thinks fit. No order which is prejudicial to the assessee shall be passed under this section unless the assessee has been given an opportunity of being heard.3. It is the contention of the appellants that under the provisions of this section the Commissioner himself has to pass the order if he thinks that the ...

Narang Overseas Pvt. Ltd. Vs. the Acit

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. The Hon'ble President, ITAT, vide order dated 7.8.2006 has constituted this Bench to adjudicate the following issue: Whether in the light of the decision in 232 ITR 2 it must be held that mesnc profit received by the assessee is revenue income chargeable to tax.as well as to dispose off the appeal of the assessee containing the following grounds: (1) The learned Commissioner of Income Tax. (Appeals (CIT(A)[ erred in holding that the mesnc profit of Rs. 34,57,01,137/- received by the Appellant pursuant to the consent decree dated 08.01.2002 constitutes revenue receipt assessable to tax and consequently, in confirming the AO's order bringing the same to tax.P. Mariappa Gounder v. CIT and DCIT Exhibitors Pvt. Ltd. (2005) 1 SOT 918 (Del) mesne profits constitute taxable revenue receipts. (3) He further erred in this connection in holding that paragraphs 28 to 31 of the Tribunal's order dated 16.12.2004 pertaining to block assessment were not the operative parts of the Tribunal's order ...

Procter and Gamble India Limited Vs. Dy. Commissioner of I.T., Special

Court: Income Tax Appellate Tribunal ITAT Mumbai

Reported in: (2008)301ITR404(Mum.)

1. Brief facts of the case are that the assessee is a company engaged in the manufacture of pharmaceutical products, cosmetics and toilet preparations etc. The AO processed the return Under Section 143[3] of the Act making certain disallowances and additions. Aggrieved, assessee filed an appeal before the CIT(A) who vide his order dated 10-7-92 partly allowed the same. The AO passed an order giving effect to the CIT(A)'s order dated 10-7-92 making certain additions. Against this order of the AO assessee preferred an appeal before CIT(A) who confirmed the order of the AO. Aggrieved, assessee is in appeal before us in I.T.A. No. 3436/M/93. Subsequently, AO sought a clarification Under Section 154 of the Income Tax Act from the CIT(A) and the CIT(A) passed an order dated 25-2-93 giving the clarification. The revenue is in appeal before us against the same in I.T.A. No. 4357/M/93.Thereafter, the AO in order to give effect to the clarification given by the CIT(A) in his order dated 25-2- 9...

Kaivorla Securities and Vs. Asstt. Cit

Court: Income Tax Appellate Tribunal ITAT Mumbai

2. First ground of objection by the assessee is directed against the order of the Commissioner (Appeals) in confirming the disallowance of depreciation of Rs. 4,17,107 made in respect of assets purchased by the assessee.3. Assessee filed the return on 30-11-1998 declaring loss of Rs. 2,74,250. Assessee is a finance company. Assessee was asked why the depreciation claimed under Section 32 of the assets on lease given to Rajender Pipes Ltd. be allowed in view of disallowance in earlier years proceedings. It was stated that assessee had written off the lease rental as not recoverable from M/s Sarigram. Steels Ltd. The claim of the assessee was disallowed by the assessing officer on the basis of the discussions made in the order for the assessment year 1997-98, wherein after enquiries, Asstt. Director of IT (Inv.), Kanpur, concluded that the assets are really not in existence. This claim of the assessee was disallowed. The matter was carried before the Commissioner (Appeals).4. It is seen...

ito Vs. Board for Cricket Control in India

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. These five appeals in the matter of ascertainment of tax withholding liability from certain payments made by the assessee to overseas bodies relating to cricket sports, in the period relevant to the assessment years 1993-94, 1995-96, 1996-97, 1997-98 and 1999-2000. The orders passed by the Commissioner (Appeals) (Commissioner (Appeals), in short) which have been called into question in these appeals are-(a) consolidated order dated 28-2-2001 passed by the Commissioner (Appeals) for the assessment years 1993-94, 1995-96, 1996-97 and 1997-98; and (b) order dated 27-4-2002 passed by the Commissioner (Appeals) for the assessment year 1999-2000. As the issues raised in these appeals are common, the assessee in these appeals is the same and as all these appeals were together, we are disposing of all the appeals by way of this consolidated order.2. The factual matrix giving rise to this litigation before us is as follows. So far as the assessment years 1993-94, 1995-96 and 1996-97 are con...

Helios Food Improvers (P.) Ltd. Vs. Dy. Cit

Court: Income Tax Appellate Tribunal ITAT Mumbai

1. This appeal filed by the assessee arises D out of order of Commissioner (Appeals), Mumbai, dated 9-12-2002 for assessment year 1997-98. 1. The learned Commissioner (Appeals) has erred in law and in facts in confirming the addition of Rs. 92,45,618 made by the assessing officer on account of remission of foreign currency loan.3. We have heard both the parties and we have also perused the material on record.4. The facts, in brief, are that the original return filed by the assessee declaring nil income was accepted as such. Subsequently, notice under Section 148 was issued because assessing officer was of the opinion that 50 per cent of interest-free foreign currency loan amounting to Rs. 92,45,618, wrote off by the assessee by crediting the same to the capital reserve account directly, was taxable. The assessee-company, in response to notice under Section 148, stated that the original return filed should be treated as return filed in response to notice under Section 148. The assessin...

Datta Devasthan Trust, Through Its Secretary, Shrikant Digambarrao Kav ...

Court: Mumbai

Reported in: 2007(3)ALLMR69; 2007(5)BomCR460; 2007(3)MhLj148

P.V. Kakade, J.1. This is an application against the omnibus order passed by the 7th Jt. Civil Judge (J.D.), Ahmednagar whereby the application (Exh.20) filed by the defendants No. 1 to 3 - trustees under Order 7, Rule 11 of the Code of Civil Procedure came to be rejected and the plaintiffs application (Exh.5) for temporary injunction came to be allowed, restraining the defendants from obstructing the plaintiff for performing the Puja and other rituals in respect of the deities and idols mentioned in paragraph 1 of the plaint, pending the suit. 2. The plaintiff - respondent No. 1 filed the suit for injunction against the defendants out of which the defendant No. 1 is the public trust registered under the Bombay Public Trust Act, 1950 and the defendants No. 2 to 5 are trustees thereof. In the course of the suit, an application under Order 7, Rule 11 of the CPC came to be filed by the defendants taking objection for maintainability of the suit for want of permission of the Charity Commis...

Radhabai Balasaheb Shirke (Since Deceased, Through Her Heirs and L.Rs ...

Court: Mumbai

Reported in: 2007(2)ALLMR823; 2007(5)BomCR324

D.B. Bhosale, J. 1. This Second Appeal raises a short yet important question of law, 'whether a daughter could acquire any right, either limited or absolute, by inheritenance prior to coming into force of the Hindu Succession Act, 1956 in the property of her deeased father, who died prior to 1956, leaving behind him in addition to such daughter, his widow as well?'2. The factual matrix, to the extent as may be necessary and relevant for adjudication of the question raised in this appeal, is as follows. The appellant/plaintiff filed a suit for declaration that she has one-half share in the house properties bearing house nos. 102,104,169-A, situated at Somwarpeth, Pune, (for short, 'suit properties'), the property of her deceased father, and sought partition thereof, as also for perpetual injunction restraining respondents -defendant nos 1 and 2, (for short, 'the defendants') from interfering with her ownership rights and collecting rent from the tenants. Respondent-defendant No. 3 is th...

Shri Elmano Menino Dias Vs. the Archbishop, Archdiocese of Goa and Dam ...

Court: Mumbai

Reported in: 2008(5)MhLj18

S.K. Shah, J. 1. Heard Counsel on both sides. Rule, returnable forthwith and heard finally with the consent of the Counsel. 2. This appeal challenges the order passed by the Civil Judge, Senior Division, B Court, at Mapusa, Goa whereby the learned trial Judge rejected the plaint under Order VII, Rule 11 of the Code of Civil Procedure. 3. The appellant-plaintiff had filed suit seeking declaration that the appointment of the defendant No. 4 at the inception (since 9.9.04) was bad in law, illegal and unauthorised as also its continuance; that the defendant No. 4 be directed to hand over all the assets, accounts, money, etc., illegally usurped and taken over by them in the year 1974 unto Socorro Confraria and for injunction restraining them from functioning and usurping any domain, collecting rents or activities originally belonging to the Confraria and taking major policy decisions. 4. Before filing written statement, the defendants No. 1 to 3 filed an application under Order VII, Rule 11...

Caribjet Inc., a Company Incorporated Under the Laws of Antigua Vs. Ai ...

Court: Mumbai

Reported in: 2007(3)ARBLR41(Bom); 2007(5)BomCR227; 2007(3)MhLj166

R.M.S. Khandeparkar, J.1. Heard. Admit. The respondent waives service. By consent, heard forthwith.2. This appeal arises from the order dated 15-6-2006 passed in Notice of Motion No. 685 of 2005 in Suit No. 3228 of 2001. By the impugned order, the Notice of Motion which was taken out by the appellant has been dismissed. The said Notice of Motion was taken out by the appellant for an order referring the parties to arbitration in respect of the suit claim on the basis of the provisions of Article 7 r/w Articles of Wet Lease Agreement dated 22-10-1995 which was executed between the parties. The learned single Judge has held that Article 11 has ceased to be operative after the obligation to pay rent under the agreement had been terminated and had been replaced by a liability to pay damages.3. The parties to the proceedings had entered into a Wet Lease Agreement dated 22-10-1995 and the Article 7 thereof related to arbitration. Consequent to termination of the agreement by the respondent on...