Court : Mumbai
Reported in : [1974]97ITR334(Bom)
Tulzapurkar, J.1. In this reference as many as 10 questions have been referred to this court for its opinion, some at the instance of the assessee and some at the instance of the department and the basic or primary facts out of which these several questions arise may be stated thus : There is a public limited company called the Amalgamated Electricity Co. Ltd., which carries on the business of supplying electrical energy, originally to Bulsar, Bhiwandi and Belgaum. On 1st April, l951, it took over two other electric supply companies known as Ajmer Electric Supply Co. Ltd. and Jalgaon Electric Supply Co. Ltd. under separate amalgamation agreements sanctioned by this court by two orders dated 20th July, 1951. Copies of the orders sanctioning the amalgamation together with agreements of amalgamation in the case of each have been annexed as annexure 'A' to the statement of the case. The Amalgamated Electricity Co. Ltd. also purchased the undertakings with all the assets minus certain asset...
Tag this Judgment!Court : Mumbai
Reported in : 2003(2)BomCR207; 2002(84)ECC46; 2002(142)ELT319(Bom)
V.C. Daga, J.1. This petition is directed against the circular issued by the Central Board of Excise and Customs (Board for short) dated 7-4-1998 and consequent show cause notice dated 10-8-1998 alleging therein that the Petitioner No. 1 M/s. Century Rayon has wilfully suppressed the fact of manufacture of 'Cinder' with an intention to evade payment of excise duty (duty for short) and evaded duty to the tune of Rs. 12,39,350/- and why the same be not recovered from them with penalty under Rule 209A of the Central Excise Rules, 1944 (Rules for short) framed under the Central Excises and Salt Act, 1944 (Act for short).FACTS IN BRIEF:The 1st petitioners herein are the Division of Century Textile Industries Ltd., a Company registered under the Indian Companies Act, 1956, engaged, inter alia, in the manufacture of excisable goods, having its factory, inter alia, at Shahad, Taluka - Kalyan, Dist. Thane. The 2nd petitioner is the Vice President (Finance) of the first Petitioner/Company.3. The...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(147)ELT490Tri(Mum.)bai
2. This is an appeal filed by the department against the decision of the Commissioner of Central Excise and Customs (Appeals), Ahmedabad made in Order-in-Appeal No.581/97 made in filed No. (24-KDL) CUS/COMMR/(A)/AHD dated 8.10.1997 whereunder he had held that the order passed by the Assistant Commissioner of Custom, Kandla made in Order-in-Original No. KDL A.C./04/96 APPB. G.R.I dated 29.11.1996 confirming the duty short levied amounting to Rs.22,57,65,172/- demanded under show cause notice dated 30.10.1996 was wrong and allowed the appeal of the respondents.3. Respondents had been regularly importing heptene/nonene at Kandla.They were using these chemicals for manufacture of oxo chemicals at their factory. There was a dispute with regard to the classification as to whether heptene/nonene could be classified as "AIF/Motor Spirit" or "otherwise". According to the opinion of the Chief Chemist, C.R.C.L., New Delhi, if end use and flash point criteria are taken into consideration, then he...
Tag this Judgment!Court : Mumbai
Reported in : [2006]130CompCas295(Bom); [2006(106)FLR551]
N.A. Britto, J.1. This is a complainant's appeal against the acquittal of the accused.2. Shri V.S. Khatre who was the manager of the Employees' State Insurance Corporation filed a complaint under Section 85(a) of the Employees' State Insurance Act, 1948 ('the Act' for short), against accused No. 1 which, according to him was an establishment under the Act having been allotted Code No. 32-28-67 and against accused No. 2 who was director and occupier of the said establishment named M/s. Cortalim Shipyard and Engineers P. Ltd.3. The complaint was filed for the failure to pay the contributions for the wage periods of October, 1992, to May, 1993, which were payable in terms of regulations 31, 39, and 40 of the Employees' State Insurance (General) Regulations, 1950.4. The complaint was filed after the sanction was accorded by the Regional Director of the said Corporation.5. Although the sanction was obtained to prosecute the principal employer, i.e., A2 and the said establishment M/s. Cortal...
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom191; [1959]37ITR191(Bom)
Shah, J.1. By this petition the competence of the Union Parliament to enact the Wealth-tax Act (XXVII of 1957), in as far as that Act seeks to levy wealth-tax on Hindu undivided families, is challenged. The petitioner, who is the karta of a Hindu undivided family and is being assessed to wealth-tax in the status of Hindu undivided family was, by notice dated 12th July, 1958, issued in exercise of powers conferred by section 14(2) of the Wealth-tax Act, called upon by the Second Wealth-tax Officer, C-II Ward, Bombay, to furnish a return of the net wealth of his undivided Hindu family. The petitioner claims that the notice is invalid because section 3 of the Wealth-tax Act is ultra vires the Union Parliament in so far as that section authorises the levy of wealth-tax on the net wealth of a Hindu undivided family. 2. By section 3 of Act 27 of 1957 liability to pay for every financial year commencing on and from the 1st day of April, 1957, a tax referred to as the wealth-tax in respect of ...
Tag this Judgment!Court : Mumbai
Reported in : AIR1976Bom165
Deshmukh, J.1. These two petitions are filed on behalf of the detenus who have been detained under Section 3(a) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act 1974 as amended and both have been detained by the Order of the Central Government. The petition itself contains several prayers like granting a writ of certiorari for calling the records and quashing the order, or a writ of mandamus, but the petitions read as whole are primarily and mainly for the release of the petitioners from custody which is described as a prison. In essence, therefore, these are petitions for a writ of habeas corpus.2. Such petitions till now were registered by the Office of this Court as criminal applications. The parties also clearly presented them as criminal applications and till the two petitions were so presented as Spl. C. As. they were always numbered as criminal applications. It appears that the understanding, or as is now being styled as misunderstanding, was th...
Tag this Judgment!Court : Mumbai
Reported in : (1935)37BOMLR333
Shadi Lal, J.1. This appeal relates to a village known as Saktni which is situated in the District of Gorakhpur in the Province of Agra. The village formed part of the estate annexed to the math of Kanchanpur in that District and was sold to the defendants, hereinafter called the appellants, on March 1, 1914, by one Rajbans Bharthi alleged to be the Mahant of the math at that time. Rajbans died on March 21, 1916, and the present action was brought on February 23, 1926, by Karia Bharthi, who claimed to be his successor as the Mahant of the shrine.2. A large number of pleas were raised to defeat the suit, but there are only two questions which have been argued on this appeal; first, that the plaintiff was not entitled to maintain the suit; second, that the claim was barred by limitation.3. The facts of the case bearing on these questions do not admit of any real dispute. In April, 1894, one Bachchu Bharthi, who was admittedly the Mahant of the math, died, and two persons, namely Rajbans ...
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR640
George Rankin, J.1. This appeal raises questions as to the true construction and effect of Section 20 of the Indian limitation Act (IX of 1908) as amended by the Indian Limitation Amendment Act (I of 1927), Conflicting decisions in India have made it desirable that their Lordships should construe the Section, and as in the present case the High Court has differed from the trial Court on the facts, the evidence must be examined.2. The plaintiff appellant Rama Shah is described as a banker and carries on a business at Jhelum which includes the lending of money. The defendant Lal Chand is a timber merchant of the same town who on various occasions between October 17, 1929, and July 17, 1931, took a loan from the plaintiff, giving to him a promissory note for the amount of the loan with interest at twelve per cent, per annum. Two small loans not covered by promissory notes were alleged by the plaintiff to have been made and were disputed by the defendant, but five promissory notes are admi...
Tag this Judgment!Court : Mumbai
Reported in : AIR1946Bom159; (1945)47BOMLR867
Lokur, J.1. The facts out of which this appeal arises are not in dispute. The Ahmedabad Municipality established a Provident Fund for the benefit of its employees in 1914, and in exercise of the powers under Section 8 of the Provident Funds Act, 1925, the Government of Bombay applied the provisions of that Act to that Fund by a Notification dated July 2, 1929. The Municipality used to invest the Provident Fund in public securities including its own debentures. Those debentures had been issued by the Municipality under the Local Authorities' Loans Act, 1914. On June 20, 1933, the Collector of Ahmedabad wrote a letter to the Municipality that the moneys of the Provident Fund could not be invested by the Municipality in its own debentures as they were not securities within the meaning of Section 20(d) of the Indian Trusts Act, 1882. The President of the Municipality was therefore, requested to take steps to dispose of the debentures and to reinvest the proceeds in public securities. Later...
Tag this Judgment!Court : Mumbai
Reported in : (1950)52BOMLR501
Greene, J.1. This is an appeal from a judgment and decree of the High Court at Fort William affirming on appeal a judgment and decree of the same Court in its original jurisdiction. The questions raised in the litigation relate to the validity of two resolutions of the respondent company Lothian Jute Mills Ltd. (hereinafter called 'the company'). By the first of these, resolutions (which were passed at a requisitoned general meeting of the company held on June 3, 1945), the appellants (other than S.P. Bose, who was one of the requisitionists), seven in number, were appointed to be directors of the company in addition to the four existing directors, one of whom was the respondent Dr. Satya Charan Law. By the second resolution it was resolved that the termination of the appointment of the managing agents of the company, Messrs. Andrew Yule and Co. Ltd. was to be recorded and in any event that they were thereby forthwith removed from their office. In the action the respondent Dr. Law on b...
Tag this Judgment!