Mumbai Court August 1998 Judgments
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Maharashtra State Co-operative Vs. Assistant Commissioner of Income
Court: Income Tax Appellate Tribunal ITAT Mumbai
Decided on: Aug-12-1998
Reported in: (1999)70ITD125(Mum.)
1. All the appeals were heard together and since they involve certain common issues, they are disposed of by a single order.2. The assessee-appellant is a co-operative apex bank incorporated on 11th October, 1911. Its shareholders are co-operative societies, and various district/ primary co-operative societies. The activities of the assessee-bank are governed by the Maharashtra Co-operative Societies Act, 1960, and the Maharashtra Co-operative Societies' Rules, 1961, framed thereunder. The Banking Regulation Act, 1949 also applies to some extent.3. The major dispute in the appeals is about the applicability of s.80P(2)(a)(i) of the IT Act in respect of the interest earned by the bank from certain investments. It arises this way. By s. 6 of the Maharashtra Co-operative Societies Act ('MCS Act,' for short), the bank is required to transfer 25 per cent of its net profits to a fund called the "reserve fund". The bank, for the years under appeal, complied with this requirement. The section...
Shri Joaquim Gama and Others Vs. Shri Custodio Gama Alias Kistod Gama
Court: Mumbai
Decided on: Aug-12-1998
Reported in: 1999(2)BomCR561
ORDERR.M.S. Khandeparkar, J. 1. This is a revision application against the Order dated 30th April 1997 passed by the District Judge, South Goa, Margao in Miscellaneous Civil Appeal No. 24 of 1997. By the impugned Order the lower Appellate Court has allowed the appeal filed by the respondent herein against the Order of the trial Court dated 28th February, 1997 passed in Civil Miscellaneous Application No. 55/96 in Regular Civil Suit No. 22/96.2. Upon hearing Shri D. Pangam the learned Advocate appearing for the petitioners and on perusal of the entire records placed before me, it is seen that the respondent herein filed a civil suit being Regular Civil Suit No. 22/ 96 in the Court of Civil Judge, Senior Division, Vasco for permanent injunction to restrain the appellants from interfering in any manner in the open space situated in the property 'Voll', bearing Survey No. 87/5 in the village of Cortalim and belonging to the respondent. It was the contention of the respondent that the petit...
Dipali D/O Uttamrao Dakre Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-12-1998
Reported in: 1999(1)ALLMR576; 1999(4)BomCR136
ORDERN.P. Chapalgaonker, J.1. Heard parties.2. Rule made returnable forthwith. By consent, taken up for hearing forthwith.3. This is a petition by a girl born in Maharashtra and whose parents are domiciled in Maharashtra. Petitioner's father was serving in the Armed Forces and, therefore, the petitioner had to take and continue her education wherever her father was posted. The petitioner has passed both her S.S.C. and H.S.C. examinations from outside the State of Maharashtra. The Government of Maharashtra framed rules and called for applications for admissions to the Medical and Dental Colleges in Maharashtra for the year 1998-99 and the last date for applying was 20th June 1998. On this day, petitioner's father was in active Defence service. Since he is a domicile of Maharashtra and was in active Defence service, petitioner filed an application with the respondent No. 3 for a seat reserved for the children of Defence personnel. The normal procedure to be adopted by such authorities sh...
SachIn S/O Subhash Shete Vs. the State of Maharashtra and Others
Court: Mumbai
Decided on: Aug-12-1998
Reported in: 1999(1)ALLMR582; 1999(4)BomCR142
ORDERN.P. Chapalgaonker, J.1. Heard Shri A.Y. Pandule, learned Counsel for the petitioner and Shri K.B. Chaudhari, learned A.G.P. for respondents Nos. 1 to 4.2. The petitioner is a permanent resident of District Beed in the State of Maharashtra. His father is working as a Conductor in the Maharashtra State Road Transport Corporation and is posted in Ahmednagar district. The petitioner was born on 27-3-1980 at Kada in Beed district. After taking primary education at Kada, he was admitted to Jawahar Navodaya Vidyalaya at Gadhi, Tq. Georai in Beed district. He studied there for 6th, 7th and 8th standards and thereafter, under a scheme for transfer of students of Jawahar Navodaya Vidyalayas from one State to another State, presumably for promoting the national integration, petitioner was transferred to Jawahar Navodaya Vidyalaya, Multan in Madhya Pradesh. There he took education for 9th and 10th standards and passed his 10th standard examination from Multan school in the year 1994-95. Ther...
i.V.R. Construction Limited Vs. Maharashtra State Electricity Board an ...
Court: Mumbai
Decided on: Aug-12-1998
Reported in: 1998(4)BomCR502
ORDERDr. B.P. Saraf, J.1. Heard learned Counsel for the parties. Perused the affidavit and minutes of the Board meeting. Also considered the report of the Committee of respondent No, 1 by which (he petitioner's case was recommended for allotment of work. There is no dispute about the fact that not only the petitioner company but respondent No. 3 was also not eligible as per the eligibility criteria The eligibility criteria was relaxed in case of respondent No. 3 and not in case of the petitioner. Our attention has been drawn by the learned Counsel for to petitioner to the fact that the petitioner has the experience of laying down 2,000 mm diameter pipe line for more than 5 km. as against the eligibility requirement of 3 km. Only disqualification of the petitioner company pointed out by respondent No. 1 was that it fell short of experience by one year. So far as respondent No. 3 company is concerned, there is a categorical finding that it fell short of qualifying requirement pertaining ...
Shri Gul Rahman Vs. Shri C.D. Singh and Others
Court: Mumbai
Decided on: Aug-12-1998
Reported in: 1999(5)BomCR774; 1999CriLJ469
ORDERVishnu Sahai, J.1. Through this writ petition preferred under Article 226 of the Constitution of India, the petitioner (detenu) has prayed that this Court be pleased to issue a writ of Habeas Corpus or any other appropriate writ, order or direction directing his release, from preventive detention in pursuance of the detention order dated 29-10-1996 passed by the respondent No. 1-Mr. C.D. Singh, Principal Secretary to the Government of Maharashtra, Home Department (Preventive Detention) and the Detaining Authority, detaining him under the Prevention of Illicit Traffic in Narcotic Drugs and Psychotropic Substances Act, 1988. The detention order along with grounds of detention bearing the same date (29-10-96) was contemporaneously served on the petitioner on 22-11-1996.2. Since this writ petition should succeed on a purely legal ground, namely that without rescinding the detention order dated 12-9-1996 the respondent No. 1 could not have issued the detention order dated 29-10-1996, w...
Maharashtra State Co-operative Bank Ltd. Vs. Assistant Commissioner of ...
Court: Mumbai
Decided on: Aug-12-1998
Reported in: [2000]70ITD125(Mum)
ORDERR. V. Easwar, J.M.All the appeals were heard together and since they involve certain common issues, they are disposed of by a single order.2. The assessee-appellant is a co-operative apex bank incorporated on ll-10-1911. Its shareholders are co-operative societies, and various district/ primary co-operative societies. The activities of the assessee-bank are governed by the Maharashtra Co-operative Societies Act, 1960, and the Maharashtra Cooperative Societies Rules, 1961, framed thereunder. The Banking Regulation Act, 1949, also applies to some extent.3. The major dispute in the appeals is about the applicability of section 80P(2)(a)(i) of the Income Tax Act, in respect of the interest earned by the bank from certain investments. It arises this way. By section 6 of the Maharashtra Co-operative Societies Act (hereinafter referred to as `'MCS Act'), the bank is required to transfer 25 per cent of its net profits to a fund called the 'reserve fund'. The bank, for the years under appe...
Maharashtra State Co-operative Bank Ltd. Vs. Assistant Commissioner of ...
Court: Mumbai
Decided on: Aug-12-1998
Reported in: (1999)64TTJ(Mumbai)414
ORDERR. V. Easwar, JM.All the appeals were heard together and since they involve certain common issues, they are disposed of by a single order.2. The assessee-appellant is a co-operative apex bank incorporated on ll-10-1911. Its shareholders are co-operative societies, and various district/ primary co-operative societies. The activities of the assessee-bank are governed by the Maharashtra Co-operative Societies Act, 1960, and the Maharashtra Cooperative Societies' Rules, 1961, framed thereunder. The Banking Regulation Act, 1949 also applies to some extent.3. The major dispute in the appeals is about the applicability of s. 8OP(2)(a)(i) of the Income Tax Act in respect of the interest earned by the bank from certain investments. It arises this way. By s. 6 of the Maharashtra Co-operative Societies Act ('MCS Act,' for short), the bank is required to transfer 25 per cent of its net profits to a fund called the 'reserve fund'. The bank, for the years under appeal, complied with this requir...
Shri Gopal Udhav Gavaraksar and Vs. Commissioner of Central Excise
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-11-1998
Reported in: (1999)(63)ECC278
This is the appeal of Shri Gopal Udhav Gavaraskar of Sonpeth against the impugned order captioned above praying for setting aside the same, and for the return of the seized gold and gold ornnments. and to set aside the penalties imposed on him. adn to admit the claims of S. Ghode and Gatagat for the goods seized, and for such other appropriate relief.1. The facts of the case are that on the basis of the information that a person with a black brief case carrying primary gold and gold ornaments converted from 3 foreign mark gold chips would be coming to the S.T. Stand Kolhapur. the officers kept surveilance from 5.45 p.m.of 31.3.1989: and spotted the suspected person and intercepted him at 6.00 p.m. who identified himself as the appellant. On interrogation he stated that he had a gold bar and ornaments prepared from melting of 3 foreign mark gold chips. He along with his brief case was taken to the Central Excise office at Tarabai Park, Kolhapur, accompanied by the panchas, and he was s...
L and M Shipping P. Ltd. Vs. Commissioner of Customs
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on: Aug-11-1998
Reported in: (1999)(112)ELT1064Tri(Mum.)bai
1. The redemption fine of Rs. 10,00,000/- was determined by the Collector (Appeals) for redeeming the ship M.V.L.M "Noble Lady" is ordered to be confiscated under Section 115(2) of the Customs Act, 1962.2. Advocate for the appellant says that the arguments would be limited to the quantum of fine. He pleads the fact that the master of the vessel became aware of the loading of the goods on board the ship only after the vessel reached at Singapore; in the presence of the entire group held in the smuggling he was helpless; the redemption fine is excessively heavy in comparison to the penalty of Rs. 1 lakh imposed on the Captain and Rs. 2 lakhs on the Chief Engineer who was the main person involved in the smuggling and the absence of penalty on the owners of the vessel.3. It is doubtful whether it can be said that the master of the vessel came to know of the loading of the goods only after she left the port.The statement of the Chief Engineer says that he had informed the Captain of the pr...
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