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Mumbai Court June 1999 Judgments

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Jun 04 1999

Commissioner of Income Tax Vs. I.A. and I.C. (P) Ltd.

Court: Mumbai

Decided on: Jun-04-1999

Reported in: (1999)155CTR(Bom)290

DR. B.P. SARAF, J.:By this reference under s. 256(1) of the IT Act, 1961, the Tribunal has referred the following questions of law to this Court for opinion at the instance of the Revenue:'1. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the assessee is entitled for higher investment allowance even though the mandatory condition that the required certificate from the prescribed authority should be furnished along with the return of income, as laid down in s. 32A(2B)(ii) of the IT Act, 1961, had not been fulfilled?2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the disallowance in respect of expenditure incurred in provision of remuneration and perquisite to the employee- director of the company is to be computed under the provisions of s. 40(c) and not s. 40A(5) of the IT Act, 1961? This reference pertains to asst. yr. 1980-81.2. So far as the controversy in question...


Jun 01 1999

Shri Deepak Behl Vs. Dr. Narendra M. Rege

Court: Mumbai

Decided on: Jun-01-1999

Reported in: 2000(1)BomCR58

ORDERA.A. HALBE, PRESIDENT 1. This appeal is directed against the order of District Forum, Nashik in Complaint No. 69/956 directing the respondent doctor to pay in all Rs. 15,000/- to the complainant, in respect of the negligence in the medical treatment of baby Juhi, daughter of the complainant. We have gone through the judgment. We have also seen the documents and we feet that the approach of the District Forum had been totally erroneous in as much as the important point of jurisdiction has been totally ignored. Although, this appeal is filed by the complainant for enhancement of the compensation, the basic issue of jurisdiction has to be taken into consideration by the State Commission. If there was no jurisdiction in the Nasik Forum, the judgment is vitiated on account of jurisdictional error committed by the District Forum. This observation is based, in view of the fact that no appeal has been filed by the Doctor, against the order. The few facts are that the daughter of complaina...


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