Court : Mumbai
Decided on : Jan-12-1978
Reported in : (1978)80BOMLR397
..... by a member of the council under the provisions of its articles of association has nothing to do with the question of levy of fee as contemplated by section 4a of the act or clause 4 of the order. the question therefore of annual subscription to be paid by a member to the council need not be authorised either by any ..... imports : [1975]1scr321 . the supreme court there points out that that the import control policy statement as distinguished from an import or export control order issued under section 3 of the act is not a statutory document. no person can merely on the basis of such a statement claim a right to the grant of an import licence enforceable at law ..... in india of goods of any specified description intended to be taken out of india without being removed from the ship or conveyance in which they are being carried.section 4a of the act empowered the central government by order to levy, subject to such exceptions, if any, in respect of any person or class of persons as may be specified .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-20-1978
Reported in : 1978(2)ELT680(Bom)
..... of the mills the main argument centred round the question whether the said item 22b was new head of excise duty created for the first time by the finance act of 1968 or was a reclassification of the said item 19. rege j. negatived the contention of the appellants that the said item was reclassification of item 19, ..... and that for that purpose the rules afforded considerable guidance regarding when exactly the duty was to be collected. he further held that if the conditions mentioned in section 3 were satisfied namely, that the goods were excisable goods and that they had been produced or manufactured in india, the levy of excise duty automatically attached ..... postponed until a bill of entry was presented. relying upon this decision, mr. parekh submitted that section 12 of the customs act was in pari materia with section 3 of the said act and that accordingly, though under section 15 of the customs act the rate of duty and tariff valuation of imported goods was to be the rate and valuation .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-13-1978
Reported in : AIR1978Bom369; (1978)80BOMLR218
..... dictionary meaning was applied in preference to the narrower meaning which had been found appropriate whilst applying some of the sections of the companies act e.g. section 186 of the indian companies act, 1913 (section 469 of the companies act, 1956).11. in a very recent decision of the supreme court viz. in khadi gram udyog trust v ..... from consideration for obvious reasons. similar consideration would not necessarily apply to the statutory provisions with which we are concerned viz. sub-section (1) of section 24 of the electricity act. it appears to us that what is provided is not a method of recovery of any amount by the licensee but a provision ..... appellants did not press any such contention before us.6. what was strenuously pressed wasthe first contention earlier mentioned, viz. that action under section 24 of the electricity act was not warranted and detailed arguments were advanced on various aspects and facets of this submission.7. in order to appreciate these several submissions .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1978
Reported in : (1979)8CTR(Bom)223; [1979]119ITR164(Bom)
..... irc [1951] 2 all er 296, where the house of lords had occasion to construe the expression 'capital employed' in relation to the excess profits tax imposed by the finance act, 1959. in the latter case, one of the law lords constitution the majority, lord radcliffe, has at page 303 observed that the words 'capital employed in a trade ..... account in determining the capital employed in the undertaking at bhavnagar for the purpose of granting relief to the company in terms of section 84 of the income-tax act, 1961, for the assessment year 1962-6 ?' 4. sub-section (1) of s. 84, at the relevant period, read as follows : '84. (1) save as otherwise hereinafter provided, income ..... reads as under : '19. (1) computation of capital employed in an industrial undertaking or a hotel. -(1) for the purposes of section 84, the capital employed in an undertaking or a hotel to which the said section applies shall be taken to be - (a) in the case of assets acquired by purchase and entitled to depreciation - (i) if .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-07-1978
Reported in : [1979]118ITR512(Bom)
..... industries rules, 1961; this letter is annexure 'h' to the statement of case. 9. section 81(i)(b) of the i. t. act, 1961, as it stood prior to its deletion by the finance (no. 2) act, 1967, with effect from 1st april, 1968, provided that income-tax shall not be payable by certain co-operative societies and clause (i)(b ..... circumstances of the case, it was rightly held that the assessee-society was not a society engaged in a cottage industry within the meaning of section 81(1)(b) of the income-tax act,2. the facts lie within a narrow compass and may be briefly stated : we are concerned in this reference with the assessment year 1962- ..... time in december, 1959, the department was closed down and all the retrenched employees thereafter came together and formed a society to do the business of the former typewriter section. the main activity of the assessee-society was overhauling, repairing and servicing of typewriters. the business of the assessee was carried on in bombay at himalaya house, .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-1978
Reported in : (1979)8CTR(Bom)226; [1980]126ITR191(Bom)
..... by section 34(3) applies ?' 3. as far as question no. 2 is concerned, mr. palkhivala ..... the case, the tribunal was justified in law in cancelling the order under section 23a(1) levying additional super-tax for the assessment year 1956-57 (2) whether an order under section 23a of the indian income-tax act, 1922, after its amendment by the finance act, 1955, is an order of assessment to which the period of limitation prescribed ..... in considering whether the payment of a dividend or a larger dividend than that declared by a company would be unreasonable within the meaning of section 23a of the indian income-tax act, 1922, does not assess any income to tax. he only does what the directors should have done putting himself in their place. though .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-16-1978
Reported in : AIR1979Bom12; (1978)80BOMLR393; 1979MhLJ411
..... learned judge dismissing the suit.7. mr. nain, on behalf of the defendants, has contended that the suit is clearly barred by limitation having regard to the provisions of section 67 of the act. he urged that the present suit is filed to recover the balance of wharfage, demurrage charges etc., after giving credit for the sale proceeds, and as such balance ..... six years, as claim for wharfage and demurrage accrues from day to day and the claim by the plaintiffs waswithin time as the present suit was instituted on march 20, 1968.9. if regard be had to the averments in the plaint, it is quite clear that the suit was to recover the sum of rupees 33,082:86 in a ..... . 'd' to the plaint. as the defendants did not pay the amount, the plaintiffs filed this suit for recovery of the sum of rs. 33,082.86 on march 20, 1968, restricting their claim in suit in respect of the amount claimable for wharfage, demurrage etc. for a period of six years immediately preceding the date of institution of the suit .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-18-1978
Reported in : [1979]118ITR647(Bom)
..... tribunal, the reason for the payment of the sum of rs. 50,000 had been specifically mentioned in the agreement at annex.'b' as compensation for determination of the financing agreement (annex.'a'). in these circumstances, according to the tribunal, there was no scope for holding that the profit which the assessee would have earned as per the ..... , i.e., assessment year 1961-62, the assessees filed the returns on 30th september, 1961, and in this return the sum of rs. 50,000 was shown in section 'd' as 'compensation received from natson manufacturing co. for earlier termination of the agreement'. the ito was of the view that this sum was received in the financial year ..... the obligation proved to be too onerous for the company which took up the stand that the provisions were illegal as offending the provisions of the bombay money-lenders act. a suit was filed by the company and a counter-claim therein by the assessee and ultimately by a consent decree it was agreed that the company would pay .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-21-1978
Reported in : AIR1979Bom99; (1978)80BOMLR534
..... existing burial ground when the state is convinced that the location of the burial ground is injurious to the public or a section of the public. it is also laid down in section 253 of the maharashtra municipalities act, 1965 that the collector after considering the opinion of the municipal council if he deems fit, can direct that a ..... such worship and ceremonies near the makan and the graves on the ground in dispute as are enjoined by the mahomedan custom and religion. regulation iv of 1827, section 26 requires the courts to decide according to the usage of the country and that usage in our opinion amply supports the decree which has been passed.'20-a ..... manager of the ganapati panchayatan sansthan. on the basis of this evidence, arguments were heard by the learned civil judge, who dismissed the suit with costs on march 26, 1968, because -(1) the lingayat veershaiva samaj failed to prove that it was the owner of the suit burial ground; (2) the municipality proved that the suit burial ground .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-27-1978
Reported in : [1979]118ITR809(Bom)
..... machinery, plant and furniture owned by the assessee. finally, we were referred to the definition of the word 'plant' to be found in s. 43(3). this section provides that in ss. 28 to 41, unless the context otherwise requires, the word 'plant' would include ships, vehicles, books, scientific apparatus and surgical equipment used ..... . cit : [1969]71itr587(mad) . in the said decision, the high court has held that development rebate under s. 10(2)(vib) of the indian i.t. act, 1922, was available in respect of electric fans, bicycles, motor cycles, office cars, typewriters, adometers, refrigerators, survey instruments, etc., used by the assessee who were dealing in ..... was engaged. the tribunal considered the submissions made on behalf of the assessee and observed that the word 'plant' had been defined very widely under the act so as to include even books and scientific apparatus used for the purpose of business which need not necessarily be manufacturing business. accordingly, the submissions made .....
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