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Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: mumbai Year: 1999 Page 1 of about 248 results (0.035 seconds)

Jan 12 1999 (HC)

Saswad Mali Sugar Factory Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Jan-12-1999

Reported in : (1999)153CTR(Bom)338; [1999]236ITR706(Bom)

..... films in the said theatre, the interest paid on the loans obtained for constructing it were allowed by the revenue as deduction under section 36(l)(iii) of the income-tax act, 1961. the income-tax officer declined to grant deduction on the ground that the business of exhibition of films was no longer in existence. the assistant appellate commissioner allowed the deduction. the tribunal ..... thereafter, the activity of exhibition of films stood discontinued. accordingly, the tribunal upheld the decision of the appellate assistant commissioner and permitted deduction under section 36(1)(iii) of the income-tax act. on a reference, the high court came to the conclusion that since the closing of the cinema business had not affected in the least, the assessee's business in jewellery ..... -company out of the total amount of rs, 56,729 on account of travelling expenses. accordingly, the matter has come by way of reference under section 256(1) of the income-tax act before this court.3. the main issue which arises before us for consideration in the present matter is : whether the assessee-company was exploiting the assets as commercial assets or ..... . at the instance of the revenue, the tribunal referred the following questions for the opinion of this court for the assessment year 1973-74 under section 256(1) of the income-tax act, 1961.'1, whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the lease rent received by the asses-see-company was .....

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Jan 14 1999 (TRI)

Tata Chemicals Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-14-1999

Reported in : (2000)72ITD1(Mum.)

..... was carrying on business in cloth and also speculation business. the question was whether both the businesses constituted a single business for the purpose of section 24(2) of the income-tax act, 1922. a number of circumstances were relied upon by the tribunal in support of the finding that both the businesses were distinct and separate. the high court basically held that ..... tribunal agreed with the assessee. the high court reversed the tribunal's view and held as under : (i) as the expression "actual cost" has not been defined in the indian income-tax act, 1922, it has to be understood in the sense in which no commercial man would misunderstand. for this purpose, it is necessary to follow and apply the accepted accountancy rule ..... the previous year in order that the interest paid on capital borrowed for the purpose of the fertilizer business can qualify for deduction under section 36(1)(iii) of the income-tax act, 1961. we are unable to accept the contention of mr. dinesh vyas that such a condition is alien to the said provision. we are also unable to subscribe to his ..... notice now. he first cited state of madras v. g.j. coelho [1964] 53 itr 186 (sc). in this case the provisions of section 5(e) of the madras agricultural income-tax act were considered.the assessee claimed that interest paid by him on monies borrowed for the purpose of purchasing plantations was allowable as deduction under section 5(e) of the said .....

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Jan 14 1999 (HC)

Narayan pakirasa Basude (deceased) through LR's Vs. Gulabchand Manikch ...

Court : Mumbai

Decided on : Jan-14-1999

Reported in : 1999(2)ALLMR1; 2000(2)BomCR650

orderr. m. lodha, j.1. this writ petition filed under article 227 of the constitution of india directed against the concurrent judgment and decree passed by the two courts below on the ground that the plaintiff-landlord needs the premises in question bona fide and reasonably. the trial court decreed plaintiff-landlord's suit for eviction on 30th september, 1986. the judgment and decree passed by the trial court was carried in appeal by the defendants which was dismissed by iv all. district judge. solapur on 31-1-90. the present writ petition at the instance of petitioner no. 18 suresh narayan basude has already been dismissed vide order dated 13-2-98. the respondent gulabchand manikchand shah (hereinafter referred to as landlord) filed a suit for eviction against the tenant narayan pakirasa basude who died during the pendency of the suit and his legal representatives were brought on record. in the suit for eviction, the landlord averred that the tenant was occupying the suit premises on the monthly rent of rs. 65/-. the suit premises are required by the landlord for his own occupation for doing the business to maintain himself and his family. a notice was also issued to the tenant before filing the suit. it was also averred in the plaint that landlord has no other place to carry on his business and therefore, greater hardship would be caused to him if decree for eviction was refused. the defendants filed written statement and set up the plea that they are tenants in the suit .....

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Jan 20 1999 (TRI)

Kalanidhi and anr. Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Decided on : Jan-20-1999

Reported in : (1999)(82)LC417Tri(Mum.)bai

..... contended that m/s. kalanidhi and m/s. colour prints were separate and independent partnership firms. m/s. kalanidhi were registered under the income tax act, bombay sales tax act, central sales tax act and the shops and the establishment act and had separate bank account. m/s. colour prints were likewise holder of central excise licence for the manufacture of printed cartons. they had ..... a separate factory at gala no. 5a of shalimar industrial estate, bombay and were assessed for income tax act and had separate registration under the bombay sales tax act and the central sales tax act. he submitted that the facts relied on by the adjudicating officer for concluding that the two units had been functioning as one ..... for payment made on behalf of the other. in these circumstances, jdr contended that the adjudicating officer had rightly concluded that the separate registration for purposes of sales tax and income tax and separate registration of the partnership firms was only to camouflage the actual fact that both the entities were, in fact, one and the same. he referred ..... firms were separate and independent entities engaged in the manufacture of printed cartons and were recognised as such by the central government and state government agencies such as income tax and sales tax authorities, the directorate of industries, financial institutions, etc. they stated that the installation of machinery belonging to one firm in the premises of the other firm .....

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Jan 21 1999 (HC)

Shri Mahesh Chodankar Vs. CaptaIn of Ports Govt. of Goa and Others

Court : Mumbai

Decided on : Jan-21-1999

Reported in : 1999(2)ALLMR521; 1999(3)BomCR433

..... for our purpose.11. shri godinho, the learned additional government advocate relied upon the decision in dhanjibhai v. state of gujarat : (1985)iillj521sc wherein the appellant was appointed as sales tax officer on 22-3-1972 on probation of two years. the said period expired and the appellant continued in service without any order of confirmation. on 31-3-75 the ..... smt. agni made a reference, the question was whether an employee at the end of the probationary period automatically gets confirmation or whether an order of confirmation or any specific act on the part of the employer confirming the employee is necessary. the supreme court held that it will depend upon the provisions in the relevant service rules relating to probation ..... of the maximum period of probation, then he must be deemed to have been confirmed by implication. it was observed that confirmation is permissible only when it follows from positive act of the employer permitting the continuance of the employee.8. the third decision cited by smt. agni is dayaram dayal v. state of madhya pradesh, : air1997sc3269 which lays down that ..... petitioner was asked to go on board of the vessel on trip. it appears that the petitioner failed to report necessary compliance of the order and committed certain irregularities and acts of insubordination. the petitioner was given three days' time to submit his explanation. according to the petitioner, he received the said memo on 28-7-1993 and before he could .....

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Jan 22 1999 (HC)

Mr. Armando Pereira and Another Vs. Mr. Krishnanath V. Malvancar (Sinc ...

Court : Mumbai

Decided on : Jan-22-1999

Reported in : 1999(2)ALLMR660; 1999(3)BomCR511

orderr.k. batta, j.1. the deceased respondent had filed a suit for permanent injunction in relation to suit property 'vale verde' or 'butabaradacho ollo,' surveyed under no. 54/1 of reis magos village at pilerne. an application for temporary injunction was filed seeking to restrain the applicants from interfering with the suit property. this application for temporary injunction was dismissed by the civil judge, junior division, panaji. the deceased respondent filed an appeal before the district judge, north goa, panaji, who, by the impugned judgment dated 3rd march, 1997, set aside the order of the civil judge, junior division and granted the application for temporary injunction filed by the deceased respondent. this order is challenged in this revision.2. the suit property admittedly belongs to the communidade of pilerne and it stands recorded in the records of the communidade in favour of the heirs of manuel vaz. this property is also recorded under matriz no. 115 in favour of the heirs of manuel querobino vaz. both the parties to the litigation claimed the suit property through the heirs of manuel vaz. the respondent, now deceased, claimed the suit property as sub-lessee of fr. vaz, who was lessee of the communidade and the applicants claim the suit property on the basis of two agreements dated 7th october, 1982 and 21st october, 1986, executed by maria assuncao vaz, who claims the suit property through heirs of the said manuel vaz. the deceased respondent claimed to be in .....

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Jan 22 1999 (HC)

Shri Victor De Graca Pinto and Another Vs. Smt. Lourdes De Graca Pinto ...

Court : Mumbai

Decided on : Jan-22-1999

Reported in : 1999(3)ALLMR39; 1999(3)BomCR441; (1999)1BOMLR704

..... merit in this revision, except that the decree in question would become enforceable on its registration in accordance with section 17(2) of the registration act, 1908. once the registration is done, this objection to execution of the decree would stand overruled and the respondents shall be entitled to possession ..... not compulsorily registerable, but if there is an instrument effecting a partition of immovable property, it falls under section 17(1)(b) of the registration act and is compulsorily registerable under that clause. the division bench of this court in fernando jorge colaco v. state of goa and others (supra) ..... which has been raised by the applicants relates to compulsory registration of decree/order of the court in view of section 17(2)(vi) of the registration act, 1908. in this respect, reliance has been placed by learned advocate for the applicants on bhoop singh v. ram singh major and others, : air1996sc196 ..... from the date of the decree then it does not stand to reason that the subsequent proceedings are not so validated. obviously bar of acting upon such a decree is also taken away with retrospectively. two different yardsticks cannot be applied; one for curing the defect of a decree ..... goa and others (supra) that the final order in inventory amounts to an instrument of partition which is chargeable under article 45 of the stamp act. in ummed mal v. kundanmal and another (supra) partition decree was drawn up without proper stamp. after a review of various authorities on the .....

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Jan 25 1999 (HC)

Commissioner of Income-tax Vs. Cement Allocation and Co-ordinating Org ...

Court : Mumbai

Decided on : Jan-25-1999

Reported in : [1999]236ITR553(Bom); [1999]103TAXMAN403(Bom)

..... to have retention prices and, in the circumstances, the transactions between the assessee organisation on the one hand and the members on the other hand show that the income chargeable to tax under the income-tax act, had accrued to the assessed -organisation. in the circumstances, he contended that the principle of mutuality did not apply to the present case.in the present matter, the ..... well as the appellate assistant commissioner have given a finding that the objects of the organization do not constitute charitable purposes within the meaning of section 2(15) of the income-tax act. against the said order of the appellate assistant commissioner, the assessee did not carry the matter in appeal to the tribunal. in the circumstances, we are not required to go ..... of the department, the tribunal referred the following questions, for the opinion of this court for the assessment years 1967-68 and 1968-69 under section 256(1) of the income-tax act, 1961.'1. whether, the assessed -organisation derived profits and gains of business of rs. 94,77,142 for the assessment year 1967-68 and rs. 8,75,000 for the ..... assessment year 1968-69 chargeable to tax under section 28 of the income-tax act, 1961 ?2. whether the principle of mutuality, as enunciated in styles' case was satisfied in the assessee's transactions with its members and the savings were not .....

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Jan 28 1999 (HC)

Commissioner of Income-tax Vs. Estienne Andre,

Court : Mumbai

Decided on : Jan-28-1999

Reported in : [2000]242ITR422(Bom)

..... 1. these are applications of the revenue under section 256(2) of the income-tax act, 1961 ('the act'). the facts and circumstances and the proposed question are identical in all these applications. in fact, the income-tax appellate tribunal has disposed of all the applications under section 256(1) by a common order. we have, therefore, taken up these applications for hearing together. the question of ..... any country outside india under sub-section (1) for granting relief of tax, or, as the case may be, avoidance of double taxation, then, in relation to the ..... contracting states by an individual who is a resident of the other contracting state may be taxed only in the contracting state in which such services are rendered.' 3. reference was also made by learned counsel to sub-section (2) of section 90 of the income-tax act which provides that where the central government has entered into an agreement with the government of ..... mr, vyas submitted that the proposed question is wrongly framed as it gives an impression that the services were rendered in india, whereas, there is a categorical finding of the income-tax appellate tribunal ('the tribunal'), to the effect that the services were rendered in france. our attention was drawn by mr. vyas to article xiv(1) of the double taxation avoidance .....

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Jan 28 1999 (TRI)

Balchand K. Vora Vs. Eighth Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Jan-28-1999

..... provided that the income received by the assessee as salary from the employer or a former employer shall be assessed to income-tax under the head 'salaries'. section 17 of the act defines 'salary'. it provides that the salary shall include wages, any annuity or pension ..... a receipt of rs. 93,500/- as race winnings in two jackpots at bangalore and madras and the said amount was credited in the capital account. the income-tax officer included these amounts as income from other sources and assessed them. the matter went before the settlement commission, who took the view that the claim of winnings in races was false and what ..... the decision of the cit(a) where the issue has been dealt with with reference to the case law and conclusion arrived at that the amount received by the assessee was nothing but part of the salary.8. i have given my careful consideration to the rival contentions. the word "salaries" is defined under section 15 of the income-tax act, 1961. it is ..... , any gratuity, any fees, commissions, perquisites or profits in lieu of or in addition to any salary or wages ...' under section 17(3) of the act "profits in lieu of salary" includes .....

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