Mumbai Court November 2013 Judgments
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The Commissioner of Income Tax Vs. M/S. Petals Engineers Pvt Ltd.
Court: Mumbai Goa
Decided on: Nov-11-2013
Oral Judgment:(B.R. Gavai, J.) This Appeal takes exception to the Judgment and Order passed by the learned Income Tax Appellate Tribunal, Panaji, dated 05.09.2006. 2. The Appeal has been admitted by the Division Bench of this Court on 16.04.2007 on the following substantial questions of law : A) Whether on the facts and in the circumstances of the case, the ITAT was justified in deleting the penalty u/s 271(1)(c), though the claim of the assessee u/s 80IA was disallowed, by the ITAT by same order dated 05.09.2006? B) Whether on the facts and in the circumstances of the case, the ITAT, was justified in deleting the penalty merely on the ground that the claim of the assessee was debatable, as the Assessee has admitted that they have shifted its plant and machinery to the new premises previously used for the same purpose ? 3. Heard Smt. Asha Dessai, learned Senior Standing Counsel along with Shri Rao, learned Junior Standing Counsel appearing for the Appellant. 4. The facts in brief givin...
Dashrath K. Kambli and Another Vs. the Goa University, Through Its Reg ...
Court: Mumbai Goa
Decided on: Nov-11-2013
Oral Judgment: (B.R. Gavai, J.) The petitioners have approached this Court being aggrieved by reduction of their pay scale in the scale of Rs.4000-100-6000 from Rs.4500-125-7000. 2. The facts in brief giving rise to the present petition are as under: The petitioners came to be appointed by respondent no.1 University from 1/06/1994 in the pay scale of Rs.1200-2040. After successful completion of probation, the petitioners came to be confirmed on 4/07/1996. On 31/03/1997, the petitioners came to be re-designated as 'Senior Laboratory Assistants' in the pay scale of Rs.1200-2040. On 10/02/1999, the Executive Council of respondent no.1 University framed Recruitment Rules and prescribed pay scale to the Laboratory staff. The post held by the petitioners i.e. the 'Senior Laboratory Assistant' was granted pay scale of Rs.1400-2300. The petitioners were granted this pay scales with effect from 27/02/1999. From 30/03/1999, the petitioners were awarded the benefit of the 5th pay commission. Ac...
Sou. Parvati and Others Vs. Sk. Rasul and Another
Court: Mumbai Nagpur
Decided on: Nov-11-2013
1. These appeals are being disposed of by this common judgment for the reasons that parties to both these appeals are same and the challenges underlying the disputes involved in these appeals are in their form and substance, similar. 2. The appellants and respondents in both the appeals are the original plaintiffs and defendants in the two suits that were filed before and decided by the Courts below. For the sake of convenience, the appellants are being refererred to as plaintiffs and the respondents the defendants. It may be mentioned here, respondent No.2 (defendant No.2) in each of the appeals, having died during the pendency of the appeals, has been deleted as party-respondent No.2 as per the orders passed by this Court. 3. Second appeal No. 328 of 1994 is directed against the judgment, order and decree dated 30/6/1994 rendered in Regular Civil Appeal No. 171 of 1985 thereby reversing the judgment and decree of the Civil Judge, Junior Division, Chikhali passed in Regular Civil Suit...
John Fernandes Vs. the State and Another
Court: Mumbai Goa
Decided on: Nov-11-2013
Oral Judgment: Heard Mr. Almeida, learned Counsel for the petitioner and Ms. Pinto, learned Additional Public Prosecutor for the respondents. 2. Rule. Rule is made returnable forthwith. Heard by consent of both the parties. 3. By this Revision Application, the petitioner has taken exception to the Order dated 1st April, 2013 passed by the Additional Sessions Judge (2), FTC- II, Margao, in Sessions Case No. 28 of 2012. 4. The Quepem Police filed a charge sheet No.14/2010, dated 27/03/2010, arising out of Crime No. 86/2008, against the present petitioner and eleven others, registered for offences punishable under Sections 143, 147, 341, 353, 504, 506(II) r/w. Section 149 of I.P.C. before Quepem Court. In this first charge sheet, the report is filed by A.S.I. Shri Prakash Gaonkar. Thereafter, the Quepem Police filed another charge sheet No. 22/2012 dated 26/07/2012 against the present petitioner only, resulting from Crime No. 87/2008, registered for offences punishable under Sections 307 ...
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