Court : Mumbai
Decided on : Dec-21-1973
Reported in : [1974]96ITR50(Bom)
desai, j. 1. this is a reference by the income-tax appellate tribunal, bombay bench 'c', under section 66(1) of the indian income-tax act, 1922. the reference arises out of the assessment proceedings under the indian income-tax act for the assessment years 1957-58 and 1958-59, the relevant account years being samvat years 2012 and 2013. necessary facts material for .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-17-1973
Reported in : [1974]95ITR476(Bom)
..... inference that the beneficiary's interest is an interest in the trust property; nor, in my opinion, does the definition of the terms 'property' in section 2(xxii) of the gift-tax act, which is merely an inclusive definition stating that property includes any interest in property, lead to such a conclusion. in the result, i hold that a ..... down that no trust can be revoked so as to prejudice what the trustees might already have done in the course of execution of that trust. section 12(1) of the estate duty act, 1953, inter alia, lays down that property passing under a non-testamentary trust under which a power of revocation has been reserved by the settlor ..... to decide is actually what may be called 'a maiden point', and it must, therefore, be decided, primarily, on a construction of the relevant sections of the gift-tax act and the scheme of that act in the light of the integrated scheme of taxation which prevailed at the material time. 3. it will, therefore, be convenient to refer, at .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : [1974]94ITR519(Bom)
..... 25th january, 3rd february, 1972, to the effect that the appellate assistant commissioner proposed to rectify the wealth-tax assessment of the petitioner under section 35 of the act, withdrawing the exemption already allowed to the petitioner in respect of jewellery and ornament. the petitioner appeared through her representative in response to the said ..... income-tax officer thereafter issued notices on the deceased assessee to show cause why his assessments which had already been completed should not be rectified under section 35 of the act. on 27th march, 1954, the income-tax officer revised the assessments of the assessee in respect of the said two years, after taking into ..... drawn process of reasoning on points on which there may conceivably be two opinions. i must, therefore, hold that the power of rectification under section 35 of the act could not be invoked in the present case and the rectification order passed by the appellate assistant commissioner on the 22nd of february, 1972, must .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-12-1973
Reported in : (1974)76BOMLR413
..... the acquittal of the accused for they are seriously prejudiced in such matters in getting the sample analysed from the director of central food laboratory under sub-section (2) of section 13 of the act.9. however, the controversy as to the point of time when the accused must of necessity exercise his right has been raised in the present appeal ..... to be a certificate signed by the director of the central food laboratory, may be used as evidence of the facts stated therein in any proceeding under this act or under sections 272 to 276 of the indian penal code:provided that any document purporting to be a certificate signed by the director of the central food laboratory shall be ..... cause the analysis to be made from the authority mentioned of the sample or the part retained under sub-clause (iii) of clause (c) of sub-section (1) of section 11 of the act. the right of the accused therefore reaches to both the parts, that is, one part delivered to him and another retained by the food inspector or .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-06-1973
Reported in : [1977]106ITR709(Bom)
..... , viz., for a public purpose of a charitable nature.22. we were referred to a number of authorities connected with the application of section 4(3)(i) of the indian income-tax act, 1922, where the court was considering whether the property was held under trust wholly for religious or charitable purposes. it is unnecessary in ..... any event it was primarily or predominantly held for such purpose and, therefore, the same was liable to be exempted under the provisions contained in section 5(1)(i) of the wealth-tax act; and (3) that, in any case, the assessee was entitled to be given exemption proportionately or pro tanto.9. in order to appreciate ..... to the appellate assistant commissioner before whom the trustees contended that they should have been given exemption on the whole of the trust property under section 5(1)(i) of the wealth-tax act, 1957. other contentions were also urged. the other contentions succeeded and to that extent the appeal was partly successful. the appellate assistant .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-04-1973
Reported in : [1977]107ITR760(Bom)
..... year 1950-51) which was allowed at the time of original assessment, it being common ground that the said sum is not a permissible deduction under section 10 ?' 3. section 34 of the act has gone through various amendments, but, for the purpose of this reference, it is only necessary to bear in mind that the present clauses (a) ..... that the account books of the assessees had always been manipulated and, after making inquiries, he, therefore, directed the issue of a notice under section 34 read with section 22(2) of the act. in the revised return filed pursuant thereto, the respondents showed the same loss and the usual procedure was thereafter being followed. the assesses then applied ..... those years could not be disallowed in the reassessment proceedings, because to do so would be to resort to the powers under clause (b) of section 34(1) of the act which could not be done after the expiration of the period of your years from the end of the years in question, which period had admittedly lapsed .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-30-1973
Reported in : (1974)76BOMLR475
..... settled at prices fixed in the notification, was challenged. that power was exercised under a bye-law. the bye-laws were made under section 4 of the act. section 4(f) of the act was to this effect:the functions of the commission shall be to perform such other duties and exercise such other powers as may be ..... heard by the deputy charity commissioner. it was only after his decision went against them, and they moved the city civil court by applications under section 72 of the act, that they challenged the very notification of the government under which the deputy charity commissioner was empowered to hear revision applications. that contention being upheld by ..... charity commissioner, that they were not interested in being parties to the enquiry proceedings, the charity commissioner could not have exercised his revisional jurisdiction under section 70a of the act, on the basis of an application which was made by mr. barot the chairman of the mumbadevi trust. it was also contended that since no .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1973
Reported in : [1975]100ITR177(Bom)
..... amount as a result of any adventure in the nature of trade. 15. the expression 'adventure in the nature of trade' appearing in the definition of 'business' under section 2(4) of the act came to be considered by the supreme court in g. venkataswami naidu & co. v. commissioner of income-tax, where after exhaustive analysis of the statutory provisions and ..... surplus. it was submitted that this was not enough to characters it as an adventure in the nature of trade to bring it within the meaning of section 10 read with section 2(4) of the act. 23. it may be mentioned that other cases were cited at the bar, but in my opinion the supreme court has dealt with the question ..... nature of trade, and, that if surplus was realised from such venture, such surplus was liable to be included in the income of the assessee-company under section 10 of the indian income-tax act, 1922. vimadalal, j.31. i agree with the judgment just delivered by my brother, desai j., and would like to add only a few words. there .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-22-1973
Reported in : 1980CENCUS242D
..... . was identified as dyes by the deputy superintendent himself, (ii) practice of the petitioners of reporting their production as dyes in their letters addressed to the dyes and explosives department central government, (iii) dr. tilak's report; and (iv) also from the order of the collector of central excise baroda in respect of similar production in ..... the mid-night of february 1961 and, therefore, the only question whether the said product can be said to be manufactured thereafter as contemplated by section 2(f) of the said act. for this purpose it was incumbent on the respondents to show that the processes of pulverisation and/or blending are necessary to complete the manufacture of ..... different from saying that such dyes in lump or crystal form is not known in the market, and therefore, are not manufactured as contemplated by section 2(f) of the central excises and salt act, 1944 (see supreme court case of south bihar sugar mills ltd. and another v. union of india (supra). in that case it .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-19-1973
Reported in : (1974)76BOMLR584
..... lease could not be enforced. in that case their lordships were dealing with very special facts and no reference was made to the statutory rule embodied in section 110, tp. act, which lays down that 'where no day of commencement is named, the time so limited begins from the making of the lease.'the privy council had ..... initial jurisdiction to entertain the suit could not cease to have jurisdiction to pass a decree for possession simultaneously while passing the decree for specific performance. section 28 of the act of 1947, as has been repeatedly held in numerous cases and the latest of which is the full bench decision reported in daitatraya krishna v. jairam ..... that even otherwise, it being void for uncertainty in several respects, cannot be specifically enforced in view of the provisions of section 29 of the indian contract act read with section 9 of the specific relief act of 1963; and (2) that while the civil court has jurisdiction to entertain the suit for specific performance, in view of .....
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