Mumbai Goa Court May 2015 Judgments
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Keval Shrihari Ramani Vs. The State of Goa, Through the Chief Secretar ...
Court: Mumbai Goa
Decided on: May-08-2015
Oral Judgment: (F.M. Reis, J.) 1. The above Writ Petition, inter alia, seeks for a declaration that the selection of Respondent no. 3 to 25 for the award of Goa Scholars 2013-14 Scholarship and atlast the selection of Respondent nos. 3 to 14 are null and void and the amount of scholarship already disbursed be repaid to the Government. The further relief sought by the Petitioner is to direct the Respondent nos. 1 and 2 to award the Goa Scholars 2013-14 Scholarship to the Petitioner. 2. Briefly, the facts of the case are that an advertisement was issued in the Navhind Times calling for the Goa Scholars 2013-14 Scholarship online on or before 23.07.2013. The scheme was not meant to be financial assistance but would recognise the merit and merit alone. Thereafter the advertisement was amended calling for applications off line on or before 30.07.2013. The Petitioner passed his degree examination in Mechanical Engineering through BITS Pilani, K. K. Birla Campus in 2012 standing first in Mech...
M/s. V. M. Salgaoncar Sales International Vs. Assistant Commissioner o ...
Court: Mumbai Goa
Decided on: May-07-2015
Oral Judgment: (M.S. Sanklecha, J.) 1. Rule; returnable forthwith. The respondents waive service. At the request of the Counsel, the petition is taken up for final disposal. 2. This petition under Article 226 of the Constitution of India challenges the notice dated 28/10/2014 issued under Section 148 of the Income Tax Act, 1961 (the Act). The impugned notice seeks to reopen the assessment for the Assessment Year 2008-2009. 3. The reasons recorded in support of the impugned notice dated 28/10/2014 for reopening of assessment are on the following two grounds: (i) Under invoicing of the exports on the basis of Justice M. B. Shah Commission's Report; and (ii) Income arising out of mining is an illegal income, in view of the Supreme Court order dated 21/04/2014 in Writ Petition C. No.435/2012 which had held that the mining leases in Goa had expired on 22/11/2007. Consequently, the income accrued for the Assessment year 2008-2009 cannot be said to be legitimate business income chargeable as ...
Sesa Goa Ltd. Vs. The Commissioner of Income Tax
Court: Mumbai Goa
Decided on: May-07-2015
M.S. Sanklecha, J. 1. This appeal under Section 260A of the Income Tax Act, 1961 (the Act) challenges the order dated 4/4/2006 passed by the Income Tax Appellate Tribunal (Tribunal). 2. This appeal relates to the Assessment year 1996-1997 filed by the appellant-assesee. Appeal filed by the revenue for Assessment year 1996-97 is ITA No.81 of 2006 and is being disposed of by a separate order. 3. This appeal was admitted on 3/10/2006 on the following substantial questions of law: A) Whether on the facts and in the circumstances of the case, the receipts forming part of the Appellant's turnover in its accounts under the head (i) hire of barges; (ii) proceeds of services; (iii) repairs of vessels, which receipts have substantial costs, and arise from the main business activity of the Appellant, could be considered as similar to the specific receipts referred to it in the said clause (baa)? B) Whether on the facts and in the circumstances of the case, receipts by way of sale proceeds from (i...
M/s. Cosme Matias Menezes, Pvt. Ltd. Vs. Commissioner of Income Tax
Court: Mumbai Goa
Decided on: May-07-2015
F.M. Reis, J. 1. Heard Shri Valmiki Menezes, learned Counsel appearing for the Petitioners and Ms. Asha Desai, learned Counsel appearing for the Respondents. 2. Both the Petitions were taken up together as both the learned Counsel pointed out that the facts in both the Petitions were identical in respect of Assessment year 2006-2007. 3. The above Writ Petition, inter alia, prays for a writ of certoriari or direction quashing and setting aside the impugned Order dated 17.12.2009 of the Respondent and allow the application dated 06.04.2009 filed by the Petitioner for condonation of delay of one day. 4. Briefly, the facts of the case are that the Petitioner filed its return of income in Form 1 in hard copy with the office of the Respondent on 31.03.2008 as the return of Income was not uploaded in the electronic form on to the server of the Income Tax Department. The server of the Respondent uploaded the return of Income on 01.04.2005 electronically. This return of Income was in fact the ...
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