Court : Mumbai
Decided on : Jul-16-2003
Reported in : (2004)188CTR(Bom)120; [2004]266ITR126(Bom)
..... extracting of ore would fall within the expression 'production'. once it falls within the expression 'production', the assessee would be entitled to the benefit under section 32a of the said act. that being the case, it would not be possible to interfere with the view taken by the income-tax appellate tribunal in all the three appeals.in ..... are applied. in chowgule and co. pvt. ltd. v. union of india : 1985ecr263(sc) , which was a case under the central sales tax act and what was under consideration was section 8 and rule 13 of the rules, the apex court held that even if the various processes are applied, it is commercially the same article, namely, ..... in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the assessee is entitled fpr deduction on investment allowance under section 32a of the income-tax act, in respect of machinery used in mining activity, ignoring the fact that the assessee is engaged in extraction and processing of iron ore, not .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-28-2003
Reported in : 2003(5)BomCR835
..... of 1882). in this case, the transaction is not between the landlord and tenant, but between the seller and purchaser under the transfer of property act. section 8 of the transfer of property act, provides as under:8.operation of transfer : unless a different intention is expressed or necessarily implied, a transfer of property passes forthwith to the ..... and profits thereof accruing after the transfer, and all things attached to the earth. for our purposes all things attached to the earth assumes significance. section 3 of the transfer of property act, is an interpretation clause and in respect of all 'things attached to the earth' states that attached to earth means (a) rooted in the ..... that to which it is attached; therefore clause (a) of the definition of attached to the earth given in the interpretation clause i.e. section 3 of the transfer of property act, has to be read and given its plain meaning. there can be no confusion that attached to earth would mean and include trees and shrubs. .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-27-2003
Reported in : 2004(1)BomCR825
..... the industrial tribunal cannot go into the details of the enquiry as a court of appeal nor on the question of quantum of punishment. under section 33(2)(b) of the industrial disputes act, all that the industrial tribunal has to see is whether an enquiry has been made, rules of natural justice have been observed and a prima ..... the case before the court, observed that---'now, unfortunately, the petitioner when he filed his affidavit in reply to the application made by the employer for permission under section 22 never suggested that this standing order had not been complied with. if such a suggestion had been made the employer would have had an opportunity of adducing ..... approach of the courts below while dealing with the said issue pertaining to the alleged victimisation.9. after considering the facts of the case and provisions of section 3(18) of the said act, it was observed by the apex court in colour chem case that in view of absence of definition of the term victimisation in the said .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-2003
Reported in : 2003(5)BomCR125
..... general demands such as pay scales to be paid, classification, service increments, dearness allowances, leave, etc. payable to the workmen employed in the administrative section of the petitioner-company and the workmen employed in the factory. the award has been principally assailed on the ground that the tribunal has committed an ..... -1-1999. the tribunal allowed some of the demands while rejecting the others. the tribunal awarded a revision in the basic scale of pay, dearness allowance, acting allowance, annual increments, and certain other allowances while rejecting the demands of provident fund, classification, service increments, leave, bonus, accident compensation, internal promotions, leave ..... government to make two separate references for adjudication before the same tribunal since there were demands raised by the union as well as the petitioner company. acting on these directions, a common reference was made on 31-3-1997 being reference (ii) no. 31 of 1997. evidence was led before the .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-21-2003
Reported in : 2003(5)BomCR584
..... this petition, reads as under:---'customs notification no. 216/88, dated 7th july, 1988.-in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government being satisfied that it is necessary in the public interest so to do, hereby exempts ..... it obligatory for all applicants including these in the small scale sector to obtain an industrial licence under the provisions of the industries (development and regulation) act, 1951 and to include the activity 'slitting/confectioning of photo sensitized material from jumbo rolls' in the ministry of industry exemption notification dated 16th february, ..... the small scale, intending to taking up the above mentioned activity will require an industrial licence under the provisions of the industries (development and regulation) act, 1951.3. the existing industrial undertakings which are not having industrial licence but have taken the effective steps prior to the date of notification are .....
Tag this Judgment!Court : Mumbai
Decided on : Jun-10-2003
Reported in : 2003(6)BomCR652
..... show cause as to why excise duty should not be demanded and recovered from them under rule 9(2) read with proviso to sub-section (1) of section 11-a of the act on the said 208 cabinets falling under tariff item 29-a(3) which were removed by the petitioners from their factory in dismantled condition ..... contractors and the transactions were at arms length. the counsel submitted that in view of the subsequent clarificatory letter/affidavits issued, the statements recorded under section 14 of the act, lost their efficacy because what was stated by those persons was with reference to he facts relating to the period subsequent to 1985 when the petitioners ..... the respondents and the petitioners could not be held to be guilty of suppressing material facts and, therefore, the extended period of limitation provided under section 11-a of the act could not be invoked.10. elaborating his first contention, mr. sanklecha submitted that during the years 1981 to 1985 the petitioners got insulated panels .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-09-2003
Reported in : [2003]129TAXMAN289(Bom)
..... such an asset like gear-box unit. he contended that this submission of his is borne out by the subsequent amendment to the income tax act vide section 2(42c) read with section 2(19aa) along with explanation 1 thereto. he contended that the basic test in this case is whether pal has transferred its business activities. ..... therefore, there was no slump sale. he contended that the assessee was not entitled to rely upon the definition of the word 'undertaking' in income tax act as defined under section 2(19aa) read with explanation 1 thereto as the amendment was not there during the assessment year in question. he further contended that, in this case, ..... for the purposes of computing capital gains that may arise on transfer. that, the assessing officer will also be required to decide its value under section 55 of the income tax act. further, the assessing officer will be required to decide on what basis indexation should be allowed in computing capital gains and the quantum thereof. lastly .....
Tag this Judgment!Court : Mumbai
Decided on : Jul-30-2003
Reported in : [2004]139TAXMAN209(Bom)
..... the assessee has not offered any capital gains for taxation during assessment year 1991-92, income to that extent has escaped assessment. issue notice under section 148 read with section 147 of the act.'from the above what can be seen is that the assessing officer has first noticed schedule d forming notes annexed to and part of the balance ..... further proceeded to hold that, that could not be a ground for the income tax officer to assume jurisdiction to start reassessment proceedings either under section 147(a) or section 147(b) of the act on the ground that it would be 'in consequence of information'. in mangilal dhanrajs case (supra) a division bench of this court noted that ..... . it was also pointed out that the mere exercise of the option by the bank would not result in a transfer as the expression is understood in section 2(47) of the act. in these circumstances, the petitioner called upon the respondent no. 1 to drop the proceedings. it is the case of the petitioner that respondent no. .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-19-2003
Reported in : 2003(3)ALLMR453; 2003(6)BomCR321; [2004(102)FLR194]; 2003(3)MhLj802
..... legal dues before the respondent workman came to be retrenched and therefore, there was no question of displaying of seniority list as contemplated under section 25g of the act read with rule 81 framed thereunder. the respondent workman was the only workman left in the metal sheet die work department. alternatively shri bukhari ..... submits that even assuming that it was a case of retrenchment the petitioner had complied with the mandatory requirements of section 25f of the act. shri bukhari submitted that along with the letter of retrenchment the respondent was offered the retrenchment compensation, wages in lieu of one month's ..... workman, it appears that the respondent workman was gainfully employed and therefore, he did not choose to file an affidavit as contemplated under section 17-b of the act after 8.9.1998 when his right under that provision accrued. it therefore appears that the respondent workman was gainfully employed atleast thereafter. .....
Tag this Judgment!Court : Mumbai
Decided on : Aug-20-2003
Reported in : [2004(101)FLR103]; 2004(1)MhLj10
..... school is not recognised by the director of education board or the state board or by any other officer, as contemplated by sub-section (21) of section 2 of m.e.p.s. act. this contention cannot be accepted. the term used words and phrases used in a statute must be understood with reference to the meaning ..... 2919 of 1999). the division bench held in this case that 'private school' must be recognised in accordance with sub-section (20) of the act, that is by a director, as contemplated by sub-section (21) of section 2. the division bench took the view that the term 'director' means the director of education or director of technical education ..... no. 1, however, submitted that the school which is a primary school must be treated differently. according to learned counsel, primary schools are recognised under section 39 of bombay primary education act, 1947, which reads as follows:--'(1) every primary school other than a primary school maintained by the [state] government or by a [zilla parishad .....
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