Court : Mumbai
Decided on : Apr-24-1991
Reported in : (1992)101CTR(Bom)425; [1992]195ITR28(Bom)
..... was received as damages for breach of the agreement and not as consideration for the 'transfer' of the capital asset under the agreement. referring to section 48 of the act, shri dastur further contended that even if it was assumed that the amount of rs. 2,52,000 was received for the transfer of the capital asset under the ..... received as compensation. the amount was, therefore, taxable as capital gains.8. shri dastur, learned counsel for the assessee, also referred to sections 45 and 48 of the act. he emphasized that, under section 45, profits or gains arising from the transfer of a capital asset were taxable as the income of the previous year in which the transfer ..... that right, the amount so received was taxable as income under the head 'capital gains'. dr. balasubramanian referred to sections 45, 48 and 2(47) of the income-tax act, 1961, to show that capital gains was chargeable on the transfer of a capital asset and that the word 'transfer' as defined in section 2(47) included within it .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-26-1991
Reported in : [1992]193ITR156(Bom)
..... appeal against charging of interest under sections not specifically appealable would not be competent unless they could fall under the expression 'denying his liability to be assessed under the act'. placing then reliance on two subsequent judgments of our court in the cases of addl. cit v. mustakhusein gulamhusein ghia : [1983]143itr951(bom) and cit v ..... allow interest as claimed. 5. in appeal before the tribunal, the department inter alia, contented that the appeal against non-payment of interest under section 214 of the act was not competent. however, following the decision of our court in mathuradas b. mohta v. cit : [1965]56itr269(bom) , the tribunal confirmed the order of ..... assessment year 1972-73, the income-tax appellate tribunal has referred to this court the following question of law under section 256(1) of the income-tax act, 1961, for opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was right in holding that the appellate assistant commissioner .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-03-1991
Reported in : (1991)97CTR(Bom)297; [1992]193ITR530(Bom)
..... a venture in the nature of trade and that the surplus realised from the venture was liable to be included in his income under section 10 of the act. this decision was reached by this court despite the fact that the memorandum of association of the assessee-company therein did not permit the assessee-company to trade ..... the amount added by the income-tax officer as business income was merely income of a casual and non-recurring nature, not taxable under section 10(3) of the act. he, accordingly, directed the deletion of the said amount in computing the total income of the assessee. consequent upon this finding, the appellate assistant commissioner directed the income ..... , on the facts and in the circumstances of the case, the tribunal was justified in not decided the issue regarding the levy of interest under section 215 of the act ?' 2. the assessee had a controlling interest in a company called the 'india sugar and refineries ltd.' another company by name salar jung sugar mills ltd. was a .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-12-1991
Reported in : (1991)95CTR(Bom)168; [1991]192ITR239(Bom)
..... respect of gratuity has, both in respect of the year under reference as well as for the past years, accrued during the pervious year as the payment of gratuity act, under which the liability arose, itself came on the statute book in october, 1972, i.e., during the previous year. 12. the only question that requires consideration ..... appellate assistant commissioner accepted the assessee's claim that the entire gratuity liability had accrued during the previous year as the liability had arisen under the payment of gratuity act, 1972, which had come into force during the previous year only. for more or less identical reasons, the tribunal dismissed the departmental appeal. 5. it is ..... ?' 2. the assessee is a company. the assessment year involved is 1973-74 for which the previous year ended on december 31, 1972. the payment of gratuity act, 1972, came into force some time in october, 1972. according to the assessee, it became liable to pay gratuity to its employees under the statute for the first .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-27-1991
Reported in : (1992)101CTR(Bom)257; [1992]193ITR295(Bom)
..... and claimed that the income-tax officer ought to have granted interest under section 214 of the act. the appellate assistant commissioner treated the order of the income-tax officer giving effect to the order of the appellate assistant commissioner as an order under section ..... income-tax officer determined the amount refundable to the assessee at rs. 9,46,137. the amount was refunded but interest thereon under section 214 of the act was not paid. 3. aggrieved by the aforesaid order of refund passed by the income-tax officer, the assessee filed an appeal before the appellate assistant commissioner ..... assessee to the appellate assistant commissioner of income-tax against the non-allowance of interest by the income-tax officer under section 214/244 of the income-tax act, 1961, in the order giving effect to the order of the appellate assistant commissioner in the quantum appeal competent ?' 2. the assessee had, it is .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-08-1991
Reported in : [1991(63)FLR519]; (1995)IIILLJ44Bom
..... they were also not entitled to overtime under an existing contract, further contended the first respondent. according to the first respondent, the provisions of industrial disputes act were not applicable to the hospitals and dispensaries. then, the first respondent pleaded that the applicants were employed in the dispensary which was conducted for the ..... and the maintenance of dispensary or hospital for the workers of the factory was a welfare activity which does not attract the provisions of the factories act.5. the applications were dealt with by the then presiding officer of the central government labour court and were allowed which decision was challenged in this ..... govilkar submitted that this is a service matter between the first respondent-press and their employees and would be covered by the provisions of the administrative tribunals act, 1985 and, therefore, this court has no jurisdiction to entertain this writ petition and decide the same on merits. i find no force in the argument .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1991
Reported in : AIR1991Kant392; 1991(2)KarLJ1
..... national education society of karnataka (registered) basavangudi, bangalore was presented before the deputy commissioner for stamps under section 31 of the karnataka stamp act. 1957 (for short the 'act') for adjudication as to proper stamp duty payable on the said instrument. the deputy commissioner entertained doubt as to the proper duty leviable ..... . whereas the author of the trust is the president of the national education society of karnataka, a society registered under the provisions of the mysore societies registration act iii of 1904, (i) registration no. 1013 dated 29-3-1919 (hereinafter referred as the society), (ii) registered office at the national high school ..... trustee or from a trustee to a beneficiary.13. in these cases, undisputedly the properties belong to the societies registered under the societies registration act and these properties belonging to the societies are sought to be transferred and vested in the newly created trusts. the societies existed as separate legal .....
Tag this Judgment!Court : Karnataka
Decided on : Feb-22-1991
Reported in : ILR1991KAR1041
..... trustee or from a trustee to a beneficiary. 26. in these cases, undisputedly, the properties belong to the societies registered under the societies registration act and these properties belonging to the societies are sought to be transferred and vested in the newly created trusts. the societies existing as separate legal ..... 'i. whereas the author of the trust is the president of the national education society of karnataka, a society registered under the provisions of the mysore societies registration act iii of 1904, (i) registration no. 1013, dated march 29, 1919 (hereinafter referred as 'the society'), (ii) registered office at the national high school ..... education society of karnataka (registered), basavangudi, bangalore, was presented before the deputy commissioner for stamps under section 31 of the karnataka stamp act, 1957 (for short 'the act'), for adjudication as to the proper stamp duty payable on the said instrument. the deputy commissioner entertained a doubt as to the proper .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jul-12-1991
Reported in : 1992(0)MPLJ26
..... -3). the respondents have also reproduced the mandatory recommendations on graduate medical education of the medical council of india which are approved under section 33 of the indian medical council act, 1956, which are as under : -'v. migration/transfer of students from one medical college to another.(a) a student studying in a recognised medical college may be allowed to migrate ..... their admission in medical college, jabalpur in the light of clause (e) of the mandatory recommendations, which are said to be approved under section 33 of the indian medical council act, 1956 and the above decision of the supreme court. however, there shall be no order as to costs.
Tag this Judgment!Court : Madhya Pradesh
Decided on : Oct-09-1991
Reported in : 1992(0)MPLJ90
..... the tenancy or ejectment of the appellant from the suit accommodation, because he is liable to be ejected on the ground under section 12(1 )(a) of the act for the reasons aforesaid.10. for the foregoing reasons, the aforesaid substantial questions of law deserve to be decided in favour of the respondent and against the appellant.11 ..... however, the learned counsel for the respondent asserted that if the decree for ejectment passed by the courts below on the ground under section 12(l)(a) of the act is confirmed, there would be no necessity for remanding the case to the trial court for returning a finding on an issue arising out of the subsequent events. accordingly ..... his business in the suit accommodation. he had sufficient funds for the purpose. accordingly, ejectment was sought also on the ground under section 12(l)(f) of the act. the suit was resisted by the appellant by contending that the arrears were deposited in the court and that the need for non-residential purpose set up by the .....
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