Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 8 amendment of section 10 Court: mumbai Page 1 of about 18,569 results (0.178 seconds)

State of Bombay Vs. R.M.D. Chamarbaugwalia and ors.

Court : Mumbai

Reported in : AIR1956Bom1; (1955)57BOMLR288; ILR1955Bom680

..... forwarded to the petitioners at bangalore. the petitioners advertise their crossword prize competition in various publications in various places in india including the state of bombay.the legislature of the state of bombay passed the act, being act 30 of 1952, which amended act 54 of 1948, by which they purported to tax the gross receipts of ..... petitioners no. 2 from the residents of bombay who had submitted entries for the crossword competition, and by this act also the legislature imposed certain restrictions upon ..... ultra vires'.in this case the legislature had already passed act 54 of 1948 which did not deal with prize competitions outside the state. it is only by the amending act 30 of 1952 that prize competitions outside the state were brought within the ambit of the act. we are therefore asked to presume that the legislature when .....

Mehta Manufacturers Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)110ITD1(Mum.)

..... to rest by the insertion of clauses (iiid) and (iiie) to section 28 by the same amendment act with retrospective effect.9. in the instant appeal we are concerned with an assessee who has loss under section 80hhc(3) with incentives and is claiming deduction under ..... down the rigour of such view representations were made to the government and eventually second to fifth provisos to section 80hhc(3) were inserted by the taxation laws (amendment) act, 2005 with retrospective effect. other ongoing controversy regarding the taxability of duty entitlement pass-book (depb) and duty free replenishment certificate (dfrc) was also put ..... report in form no. 1 occac observed that the assessee has loss on export turnover at rs. 10,19,985. he considered taxation laws (amendment) act, 2005, in which amendment has been carried out to section 80hhc. since the assessee's export turnover was below rs. 10 crores and there was loss on the total export .....

Express Newspapers Limited Vs. the State of Maharashtra

Court : Mumbai

Reported in : (1970)72BOMLR385; 1970MhLJ809

..... be at such rate not exceeding 50 per cent, of the total sum received or due in respect of such...prize competition as may be specified in the notification.' the relevant provisions of section 12 as amended by act xxx of 1952 run as follows :12. (1) there shall be levied,-(a) in respect of every lottery...(b) in respect of every ..... provisions of the said unamended section 12, as also section 12 as amended by act xxx of 1952. the relevant provisions of the unamended section 12 of the act run as follows :12. (1) there shall be levied-(a) in respect of every lottery...(b) in respect of every prize competition for which a licence has been obtained under section 7, a tax ..... prize competition for which a licence has been obtained under section 7, a tax at the rate of 25 per cent, of the .....

Jiwankumar Sitaram Sondhi Vs. the Commissioner of Sales Tax Maharashtr ...

Court : Mumbai

Reported in : 2001(4)BomCR589; (2001)3BOMLR190; [2002]127STC234(Bom)

..... is not relevant for the purposes of deciding the issue which arises in this case. learned counsel submits that the entire purpose of enacting the amending act is to stall any competition from other stales in the matter of sale of lottery tickets and, therefore, a backdoor method is adopted to stop sale of such tickets of ..... 54, list ii of the constitution. he further contended that for the aforestated reasons, the impugned amending act also violated article 286(1) and article 301 of the constitution. he submitted that the purposeof enacting the amending act was to avoid legitimate competition of other state lotteries. lastly, he urged that by imposing sales tax at a fixed rate per ..... a backdoor method, a ban on sale of other stale lottery tickets is sought to be brought in. therefore, the amending act is passed to avoid competition. that, the impugned act is in the nature of a restrain on inter-state trade and commerce within union of india and, therefore, it is also violative of article .....

NagIn Das M. Goradia Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)83TTJ(Mum.)151

..... phrase "relatable to such evidence" has been added, so that "other materials or information" be related to evidence found as a result of search. the amended law, therefore, recognises that post search enquiries unrelated to evidence obtained as a result of search cannot be the basis for block assessment. the methodology to compute ..... and this view is a fortiori, evident from the addition of the words "and, relatable to such evidence" in section 158bb(1) by virtue of the latest amendment). such assessment, if assessable, can only be the subject-matter of regular assessment or reassessment, if within permissible jurisdiction and time-limit.20. if, au contraire, ..... available with the ao and relatable to such evidence. this is as provided under the amended provisions of section 158bb(1), such amendment having been made applicable retrospectively w.e.f. 1st july, 1995, by the finance act, 2002. before the said amendment, section 158bb(1) read: "158bb(1)--the undisclosed income of the block period .....

Jeetay Investments Pvt. Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)90ITD739(Mum.)

..... officer's requisition for further details, the assessee clarified that since the bonus shares were not sold during the relevant previous year, and in view of amendments in section 55 of the act which provides that the cost of acquisition of bonus shares is required to be taken at nil, 'it is mandatory for the assessee to keep lot ..... will take its meaning from the definition in clause (h) of section 2 of the securities contracts (regulations) act 1956. the period of holding of the bonus shares will be reckoned from the date of allotment of such asset. these amendments will take effect from 1^st april 1996, and will, accordingly, apply to the securities transferred on or after ..... of affairs is contrary to the very scheme of computation of capital gains under the income tax act. our present concern is how to deal with this incongruity.8. one thing which is immediately clear is that in view of the legislative amendment in section 55(2), any bonus shares that the assessee owns as on, or comes to .....

Uniworth Textiles Ltd. Vs. Commissioner, Customs of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)LC321Tri(Mum.)bai

..... or under any other law for the time being in force on like goods imported into india. section 3 of the central excise act was also amended retrospectively by the finance act, 2000.the amended provision is extracted below:- "provided that the duties of excise which shall be levied and collected on any excisable goods which are produced or manufactured,- ..... shall, notwithstanding anything contained in any other provision of this act, be determined in accordance with the provisions of the customs act, 1962 (52 of 1962) and the customs tariff act, 1975 (51 of 1975)." 3. in view of these amendments made to section 3 of the central excise act and to notification no. 2/95, it is clear that ..... to 28.02.2000.2. notification no. 2/95 was amended by notification no. 38/99-ce dated 16.09.1999. after this amendment, the notification exempted the impugned goods from so much of duty of excise leviable thereon under section 3 of the central excise act as in excess of amount calculated at the rate 50% of .....

Asian Paints (India) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1990)34ITD268(Mum.)

..... any time after the 31st day of march 1948. later on, the taxation laws (extension of merged states and amendment) act, 1949 (18 itr - statutes - page 22) indicated that the expression used in clause (ii) under this act was "within a period of three years from the 1st day of april 1948. the report of the select ..... 1966. the minister of finance had announced in the lok sabha during its previous session that it was intended to amend the it act for extending the period of this concession. accordingly it is proposed to amend the act to secure that the aforesaid tax concession will be available to industrial undertakings going into production during the 5 years ..... mentioned in the eleventh schedule. in such cases, therefore, the production must have commenced on or before 31 march, 1979.while commenting on the amendment brought out under the finance act of 1975 in terms of which the period of 31 years was extended to 33 years, the learned authors chaturvedi & pithisaria have made the following .....

Dr. Balkrishna R. Naik Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)1SOT177(Mum.)

..... the assessment years involved in that case were 1969-70 and 1970-71, i.e., prior to insertion of clause 23(1)(b) with effect from 1-4-1976 vide amendment act of 1975.in m.v. sonavala's case (supra) it has been held that computation of annual value has to be on the basis of sum for which property might ..... taking the standard rent as basis.considering all the facts and circumstances of the case together with the fact that the assessment year involved is 1996-97 ie., after the amendment of section 23 by insertion of clause (b) of section 23(1) as also the legal position, we are of the view that the alv has to be determined ..... that the authorities below have not followed the well accepted method of valuation and have instead resorted to estimation method, which is arbitrary and contrary to the provisions of the act.as against the above, the learned departmental representative has contended that the hon'ble bombay high court has, in m.v. sonavalas case (supra) held that municipal valuation alone .....

M/S.Ohm Stock Brokers Pvt. Ltd. Vs. Commissioner of Income Tax-4 and A ...

Court : Mumbai

..... the ao. we quote hereinbelow the relevant portion of circular no.549, dt.31st oct. 1989 [(1990)82-ctr (st)-1], which reads as follows : "7.2 amendment made by the amending act, 1989, to re-introduce the expression `reason to believe' in s.148.- a number of representations were received against the omission of the words "reason to believe" from ..... question as salary income in their hands and their assessments have been completed accordingly. in this view of the matter, the reopening of the assessments for the a.y.2007-08 must be held to be based on a pure change of opinion and not on tangible material. 14. the following principle which has been enunciated in the ..... course of the assessment proceedings, the a.o. called upon the petitioner to justify the remuneration in terms of section 40a(2)(b). by a letter dated 12 march 2007, the assessee responded to the request of the a.o. for a disclosure of the nature of business and the shareholding pattern. the agreements between the assessee and its .....