Array ( [0] => ..... storage of foodgrains within the prescribed limits under a bonafide belief that he could legally do so. he did not, therefore, intentionally contravene the provisions of section 7 of the said act. in this view of the matter, the supreme court set aside the high court's order convicting the appellant.25. mr. desai laid stress on ..... a detailed application form. according to the petitioner along with the said application rpl also enclosed, inter alia, the license issued by the chief controller of explosives in favour of iotl to import and store petroleum in the licensed premises, and the certificate of registration issued by the sales tax department, under the bombay sales ..... is not the case here.26. reliance was also placed on murarilal's case (supra). in that case the appellant was prosecuted for contravention of section 7 of the said act for carrying on his business without licence. he approached the high court for quashing the proceeding. he was successful in his effort. the undisputed facts ..... [1] => ..... corrigendum though drafted or prepared by the taluka inspector, land records, mahad but it has not yet been published in the official gazette following provision of section 32 of the act. the power to issue such corrigendum is with the settlement commissioner. the taluka inspector has no authority even to prepare draft corrigendum. even, the government ..... patrak (corrigendum) so as to delete the names of the appellants. she submits that on the basis of manipulated records, appellant no. 1 got licence of explosive on 17th january, 1995 in his name and from that date he was doing business of stone quarrying in the suit property. in her submission, because of ..... the village in question has not been modified. it has been prepared by the taluka inspector of the land record. he further submits that under section 32 of the act authority to issue shuddhi patrak (corrigendum) is with the settlement commissioner and not with the taluka inspector. he further submits that even the government resolution ..... [2] => ..... word that connotes anything that is injurious or obnoxious either to the community or to the members thereof. in the context of clause (c) of sub-section (1) of section 13 of the act, emphasis is on the conduct of the tenant which is either by itself a nuisance or amounts to annoyance. the term suggests behaviour and has relation to ..... of smell but would not be dangerous to the life or injurious to the health of a neighbourer or to property. on the contrary, using the premises for storing explosives may not cause any annoyance or offence to the sense of sight, smell or hearing but would be dangerous to the life or injurious to the health of neighbourer ..... their is no statutory definition of word 'nuisance or annoyance' has observed thus :--'13. there are no statutory definitions of 'nuisance' or 'annoyance' which under section 13(1)(c) of the act constitute a ground for recovery of possession by landlord of a premises in the occupation of a tenant. in the case with which we are concerned, the ..... [3] => ..... to chemical, petro-chemical, fine chemicals, organic chemicals, pharmaceutical, explosives etc. during the period impugned herein, supplied such consultancy as per agreements entered into by the customers of the appellant assessee under the central excise act herein. the disputed demands of duties were raised under section 11a along with proposals for penalty under section 11ac on the following grounds: a) the appellant company and ..... by the engineering company from the customers who were supplied with plant and machinery by the appellant assessee herein has to be considered for addition to the value under section 4 of the act to determine the duty liability on the plant and machinery items and cleared to such customers. (c) he did not hold the advances received by the appellants from ..... [4] => ..... amount of rs. 7,500/- (rs. seven thousand five hundred only) as compensation on account of no fault liability. as per the provision contained in section 110-(cc) (section 171 of act of 1988) motor accident claims tribunal has power to award interest on compensation from the date of application instead of date of award. it is clear that ..... high court and the matter challenging the order of the high court was before the apex court. before the apex court contention was raised that at the time when explosion and fire took place the petrol tank which was lying turtle was not suitable or fit for use on the road and, therefore, there was neither use of ..... co. ltd. and ors. v. khairunsi mirad hajarat mulla and ors., 1994 acj 929, in a claim for compensation of no fault liability under section 92-a (section 140 of 1988 act) contention was raised on behalf of insurance company disputing the liability to pay compensation under no fault liability on the ground that passenger was carried in goods ..... [5] => ..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years ..... [6] => ..... ,50,000, in both the cases.7. the respondent therefore, preferred two appeals, before the securities appellate tribunal, mumbai, under section 29 read with section 15j of sebi act on 29-8-2000, against the above orders. the said appeals were contested by the present appellant. after hearing both the parties ..... speech or law case esp. for newspaper publication, house of commons debate on bill when reported periodical statement on public work. 3. sound of explosion.as per webster dictionary 1959 edition 'information 'means: 1. knowledge communicated or received concerning a particular fact or circumstance, news information concerning a crime ..... only) for violation of regulation 3(4), sebi (substantial acquisition of shares and takeover) regulations 1997 (for short takeover regulations, 1997) and section 15a(b) of sebi act, against the respondent, (original appellant), were set-aside. thereby appeals filed by the respondent herein, were allowed. therefore, the appellants herein (original ..... [7] => ..... to rs. 4,10,27,681/- by alleging that plot no. 48 and 49 are in fact one unit and explosives emerges at plot no. 48 and 49, as a result of application of section vi of the central excise tariff act. it was further stated that bmd vehicle cannot be treated as workshop, consequently exemption granted to goods manufactured in a workshop ..... .9.1994 to dec. 1996, by invoking the extended period of limitation in terms of section 11-a of the central excise act, besides the allegation of manufacture of explosives at plot no. 48 and 49, in view of note 2 to section vi of the central excise tariff act, revenue alleged that appellant had recovered the amount of central excise duty from the customer ..... [8] => ..... affect the freedom of speech and expression of the petitioner under article 19(1)(a) of the constitution. they go beyond the parameters prescribed under sub-section (1) of section 5b of the cinematograph act, 1952. accordingly, we allow this petition and set aside the impugned order passed by the fcat and direct the respondents to issue 'u' certificate ..... directed that the slogans be deleted. the second deletion is from a speech of a dalit leader bhai sangare. this shri sangare is seen giving a speech after explosion of the atomic device by india. the speech records anguish of the speaker on the device being exploded on the day of buddha jayanti. the speaker says that ..... bomb or the comment on the hindu gods will disrupt public order. in his submission, this is not something which is permissible even under sub-section (1) of section 5-b of the act which lays down the principles for guidance in certifying the films.13. as far as the addition is concerned, mr. sebastian submitted that this was ..... [9] => ..... not doubted by the ao. the nature of business is manufacture of phosphorous, which is highly explosive and it is claimed that the loader is a necessity in the line of trade. in accordance with the provisions of section 32ab of the it act, 1961, the deduction was allowed to the assessee on the purchase of jcb excavator loader but ..... section 32 of the act and as such the deduction be allowed under section 37 of the act as a matter of commercial expediency as a prudent businessman would do." 4. the learned counsel for the assessee argued ..... . 1 is not pressed by the learned counsel of the assessee, hence dismissed. "cit(a) erred in upholding the disallowance of rs. 8,66,989 under section 32ab of the it act in respect of unserviceable and unusable jcb excavator loader scrapped during the accounting year and the scrap value deducted from the block of assets under ..... [10] => ..... into accepting the vrs and her retirement pursuant to the vrs tantamounts to an unfair labour practice. 4. appropriate government is defined under the industrial disputes act under section 2(a)(i). so far as the definition concerns us, the appropriate government means the central government, in relation to any industrial dispute concerning any ..... government. as i have noted above, both these conditions are satisfied by respondent no.3 and accordingly, it attracts the provisions of section 2(a)(i) of the industrial disputes act, 1947. 9. the second aspect of the matter concerns the merits of the complaint. the industrial court framed four issues concerning merits ..... and order, held that respondent no.3 being a controlled industry specified in that behalf by the central government within the meaning of section 2(a)(i) of the industrial disputes act, 1947, the appropriate government in relation to the industrial dispute was the central government, and that, accordingly, the industrial court did ..... [11] => ..... the issue in paragraphs 35 and 38 of the order observed as under: 35. the consent terms filed by both parties in application filed under section 9 under arbitration act,1996 indicates that both parties had agreed to refer the dispute to the arbitration and had appointed the sole arbitrator. during the pendency of the ..... the petitioner would not be entitled to take steps in execution of the award and seek any relief which would be in violation of section 22 of sick industrial companies (special provisions) act, 1985 without permission of the bifr. the facts in the case in hand are completely different. in the present case the arbitration proceedings ..... s windmill located at dhule (maharashtra) with some other assets. the respondent therefore filed arbitration petition no.707 of 2012 under section 9 of the arbitration and conciliation act,1996 (for short the arbitration act ) interalia praying for appointment of court receiver, injunction and deposit of rs.25,30,32,482.69 in this court. by ..... [12] => ..... dated 29th january, 2010 making applicable to the section officers of the high court, the revised pay scale, as granted to their counterparts at mantralaya (vide government resolution dated 27 february, 2006), leaves no ..... on the correspondence as we have noted above on the basis of which it is contended that historically the state government has accepted parity between the section officers working at mantralaya with those working on the high court administration. the learned counsel for the petitioner would argue that the issuance of government resolution ..... the contention of the petitioner on parity of pay scales. these reports of the said committees are acted upon and implemented by the state government, so as to maintain the parity between these two sets of section officers. further there is no dispute that this position of parity was also accepted by the state ..... [13] => ..... high court have to be read and understood as made in the particular facts of that decision. in that case, the contractor has filed a petition under section 9 of the arbitration and conciliation act, 1996 challenging the notice issued to him stating as to why the petitioner should not be blacklisted. hence, while deciding the maintainability of such show cause notice ..... deals with totally different law, facts and circumstances. in that case, the issue before the hon'ble supreme court was pertaining to third proviso to section 4-m(1) of the imports and exports (control) act, 1947. the order impugned before the apex court was the rejection of the appellants' request to dispense with the requirement of pre-deposit of the amount ..... [14] => ..... .1986. 12. it is further submitted that the employees of the corporation are paid gratuity as per the payment of gratuity act, 1972 (for short the act of 1972 ). section 4 (6) (a) of the act of 1972 provides that the gratuity amount payable to the employee can be forfeited if the conduct of the employee has caused ..... the maharashtra civil services (discipline and appeal) rules, which provide for continuation of enquiry for major misconduct by issuing of chargesheet. the penalties are set out under section 5. if a government servant is not in service then none of those penalties can be imposed. thus, any enquiry initiated and in which there is no provision ..... corporation in head office. according to the petitioner therein, he was entitled to gratuity and consequently he submitted an application under rule 7 of the payment of gratuity act on 18.07.2004. the respondents, however, did not pay the gratuity and hence he filed an application to the controlling authority. when the respondent therein ..... [15] => ..... certain amount of supervision and control. thus, in my considered view, the authorities below were justified in holding that these four persons would be 'employees', under section 2(f) of the act. 15. in the case of the managing director, hassan co-operative milk producer's society union ltd. (supra), the appellant was a federal society engaged ..... come to the conclusion, that the four persons, styled as pilots/commission agents would fall within the ambit of the definition of the 'employee' under section 2(f) of the act. it is submitted that the authorities below have rightly considered the material and the orders do not suffer from any infirmity. the learned counsel places ..... these persons was purely on temporary basis and for a casual nature of work and they cannot be termed as 'employees' within the meaning of section 2(f) of the act. it is submitted that the authorities below failed to consider the declarations given by the pilots namely shri abbas khan and shri dattaprasad bandodkar and ..... [16] => ..... has been held and appears to be the essential finding, then, that is not in any manner contrary to the mandate of the provisions and particularly of section 5 of the ftdr act. this is not a case where anything is being stated and for the first time so as to term it as an amendment to the policy and, ..... to deemed export scheme. thus he would submit that this is an amendment of the ftp by the government of india and the power conferred by sections 3 and 5 of the ftdr act has been exercised in this case. the existing paragraph 8.3(c) was dealing with exemption from ted where supplies are made against icb and in ..... and regulation of foreign trade by facilitating imports into and augmenting exports from india and for matters connected thereto or incidental therewith. chapter 1 of this act contains the preliminary provisions in which appears section 2 titled 'definitions'. after defining the relevant terms, including the words import and export what is then pointed out is that the import and export ..... [17] => ..... loan advanced to him by the state government under the land improvement loan act, 1883, the agriculturists loans act, 1884, or the bombay non-agriculturists loans act, 1928 or in favour of a co-operative society or the state bank of india constituted under section 3 of the state bank of india act, 1955, or a corresponding new bank within the meaning of clause (d) of ..... section 2 of the banking companies (acquisition and transfer of undertakings) act, 1970, or the maharashtra ..... [18] => ..... to continue as a member for the third time will be in violation of the express embargo laid down in section 8(2) of the act. hence, according to learned additional solicitor general, the central government was perfectly within its right, powers and discretion to reject the nomination of the ..... this object and purpose and suppress the mischief should be placed on the provision. 11. according to learned additional solicitor general, considering the fact that section 8(2) of the act holds a very salutary object, which is, the same member not being reappointed or renominated again and again for more than two terms, allowing the petitioner ..... while countering the submissions of mr. thacker appearing for the petitioner contended that we must not ignore the object and purpose in inserting the provisions like section 8(2) of the act. if the intent and purpose is that a person who has already held the office as a member of haj committee should not again be ..... [19] => ..... liberty to take recourse to the remedies available in law to challenge the decision of the education officer while filing an appeal under sub-section (1) of section 9 of the m.e.p.s. act. in my view, even if the petitioner had not disputed the seniority list showing the respondent no.4 as senior to the petitioner ..... on the basis of such determination and where the action taken falls within the description contained in clauses (a) and (b) of sub-section (1) of section 9 of the m.e.p.s. act, an appeal before the school tribunal for challenging action of management would be maintainable. full bench of this court in the said judgment has ..... taken by the government referred to in the said government resolution. in support of this submission, learned counsel for the petitioner invited my attention to section 16 of the m.e.p.s.act and would submit that under the said enabling provision, the state government is empowered to make the rules for prescribing the minimum qualification for recruitment ..... ) Explosives Act 1884 Section 4 Definitions - Sortby Recent - Court Mumbai - Page 9 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Page 9 of about 20,352 results (0.100 seconds)

Nov 30 2004 (HC)

Reliance Industries Limited Vs. State of Maharashtra Through Inspector ...

Court : Mumbai

Reported in : 2005(3)MhLj40

..... storage of foodgrains within the prescribed limits under a bonafide belief that he could legally do so. he did not, therefore, intentionally contravene the provisions of section 7 of the said act. in this view of the matter, the supreme court set aside the high court's order convicting the appellant.25. mr. desai laid stress on ..... a detailed application form. according to the petitioner along with the said application rpl also enclosed, inter alia, the license issued by the chief controller of explosives in favour of iotl to import and store petroleum in the licensed premises, and the certificate of registration issued by the sales tax department, under the bombay sales ..... is not the case here.26. reliance was also placed on murarilal's case (supra). in that case the appellant was prosecuted for contravention of section 7 of the said act for carrying on his business without licence. he approached the high court for quashing the proceeding. he was successful in his effort. the undisputed facts .....

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Sep 08 2004 (HC)

Mohammad Hanif Abdul Masjid Isane and ors. Vs. Juned Mohammad Jalal an ...

Court : Mumbai

Reported in : 2004(4)ALLMR843; 2005(1)BomCR613; 2005(1)MhLj233

..... corrigendum though drafted or prepared by the taluka inspector, land records, mahad but it has not yet been published in the official gazette following provision of section 32 of the act. the power to issue such corrigendum is with the settlement commissioner. the taluka inspector has no authority even to prepare draft corrigendum. even, the government ..... patrak (corrigendum) so as to delete the names of the appellants. she submits that on the basis of manipulated records, appellant no. 1 got licence of explosive on 17th january, 1995 in his name and from that date he was doing business of stone quarrying in the suit property. in her submission, because of ..... the village in question has not been modified. it has been prepared by the taluka inspector of the land record. he further submits that under section 32 of the act authority to issue shuddhi patrak (corrigendum) is with the settlement commissioner and not with the taluka inspector. he further submits that even the government resolution .....

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Jul 30 2004 (HC)

Sushilabai W/O Narayan Raut and ors. Vs. Navnit S/O Bhojraj Lakhotiya

Court : Mumbai

Reported in : 2005(1)ALLMR193; 2005(2)BomCR900; 2004(4)MhLj372

..... word that connotes anything that is injurious or obnoxious either to the community or to the members thereof. in the context of clause (c) of sub-section (1) of section 13 of the act, emphasis is on the conduct of the tenant which is either by itself a nuisance or amounts to annoyance. the term suggests behaviour and has relation to ..... of smell but would not be dangerous to the life or injurious to the health of a neighbourer or to property. on the contrary, using the premises for storing explosives may not cause any annoyance or offence to the sense of sight, smell or hearing but would be dangerous to the life or injurious to the health of neighbourer ..... their is no statutory definition of word 'nuisance or annoyance' has observed thus :--'13. there are no statutory definitions of 'nuisance' or 'annoyance' which under section 13(1)(c) of the act constitute a ground for recovery of possession by landlord of a premises in the occupation of a tenant. in the case with which we are concerned, the .....

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Jul 22 2004 (TRI)

indo Berolina Industries Pvt. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... to chemical, petro-chemical, fine chemicals, organic chemicals, pharmaceutical, explosives etc. during the period impugned herein, supplied such consultancy as per agreements entered into by the customers of the appellant assessee under the central excise act herein. the disputed demands of duties were raised under section 11a along with proposals for penalty under section 11ac on the following grounds: a) the appellant company and ..... by the engineering company from the customers who were supplied with plant and machinery by the appellant assessee herein has to be considered for addition to the value under section 4 of the act to determine the duty liability on the plant and machinery items and cleared to such customers. (c) he did not hold the advances received by the appellants from .....

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Mar 25 2004 (HC)

Walmikrao Jayaram Kajale Vs. Uttam Buvaji Raut and ors.

Court : Mumbai

Reported in : III(2004)ACC489; 2004ACJ2009; 2004(2)MhLj1069

..... amount of rs. 7,500/- (rs. seven thousand five hundred only) as compensation on account of no fault liability. as per the provision contained in section 110-(cc) (section 171 of act of 1988) motor accident claims tribunal has power to award interest on compensation from the date of application instead of date of award. it is clear that ..... high court and the matter challenging the order of the high court was before the apex court. before the apex court contention was raised that at the time when explosion and fire took place the petrol tank which was lying turtle was not suitable or fit for use on the road and, therefore, there was neither use of ..... co. ltd. and ors. v. khairunsi mirad hajarat mulla and ors., 1994 acj 929, in a claim for compensation of no fault liability under section 92-a (section 140 of 1988 act) contention was raised on behalf of insurance company disputing the liability to pay compensation under no fault liability on the ground that passenger was carried in goods .....

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Dec 17 2003 (HC)

NitIn Shankar Kadkol Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : I(2004)DMC695; 2004(2)MhLj767

..... so as to bring it within the purview of the 'death occurring otherwise than in normal circumstances'. the expression 'son before' is very relevant where section 113-b of the evidence act and section 304-b indian penal code are pressed into service. prosecution is obliged to show that soon before the occurrence there was cruelty or harassment and only in ..... room and the deceased had kept water for boiling on the stove. after pumping the stove, she lighted a match stick near the burner when there was a sudden explosion and her clothes caught fire. she shouted for help and hearing her screams, her husband i.e. the petitioner came out of the bath-room and threw water ..... the marriage but not having a connection with the marriage of the parties will not constitute demand for 'dowry'. this is clear from the qualifying clause of section 2 in act 28 of 1961 reproduced above. cruelty and harassment by a husband or a relative of the husband which brings about unnatural death of the wife within 7 years .....

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Dec 05 2003 (HC)

Securities and Exchange Board of India Vs. Sangeeta Jayesh Valia

Court : Mumbai

Reported in : (2004)2CompLJ347(Bom); [2004]50SCL641(Bom)

..... ,50,000, in both the cases.7. the respondent therefore, preferred two appeals, before the securities appellate tribunal, mumbai, under section 29 read with section 15j of sebi act on 29-8-2000, against the above orders. the said appeals were contested by the present appellant. after hearing both the parties ..... speech or law case esp. for newspaper publication, house of commons debate on bill when reported periodical statement on public work. 3. sound of explosion.as per webster dictionary 1959 edition 'information 'means: 1. knowledge communicated or received concerning a particular fact or circumstance, news information concerning a crime ..... only) for violation of regulation 3(4), sebi (substantial acquisition of shares and takeover) regulations 1997 (for short takeover regulations, 1997) and section 15a(b) of sebi act, against the respondent, (original appellant), were set-aside. thereby appeals filed by the respondent herein, were allowed. therefore, the appellants herein (original .....

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Sep 19 2003 (TRI)

Anil Chemical and Industries Vs. the Commissioner of Central

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(158)ELT759Tri(Mum.)bai

..... to rs. 4,10,27,681/- by alleging that plot no. 48 and 49 are in fact one unit and explosives emerges at plot no. 48 and 49, as a result of application of section vi of the central excise tariff act. it was further stated that bmd vehicle cannot be treated as workshop, consequently exemption granted to goods manufactured in a workshop ..... .9.1994 to dec. 1996, by invoking the extended period of limitation in terms of section 11-a of the central excise act, besides the allegation of manufacture of explosives at plot no. 48 and 49, in view of note 2 to section vi of the central excise tariff act, revenue alleged that appellant had recovered the amount of central excise duty from the customer .....

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Apr 24 2003 (HC)

Shri Anand Patwardhan Vs. the Central Board of Film Certification and ...

Court : Mumbai

Reported in : 2003(3)ALLMR25; 2003(5)BomCR58; 2004(1)MhLj856

..... affect the freedom of speech and expression of the petitioner under article 19(1)(a) of the constitution. they go beyond the parameters prescribed under sub-section (1) of section 5b of the cinematograph act, 1952. accordingly, we allow this petition and set aside the impugned order passed by the fcat and direct the respondents to issue 'u' certificate ..... directed that the slogans be deleted. the second deletion is from a speech of a dalit leader bhai sangare. this shri sangare is seen giving a speech after explosion of the atomic device by india. the speech records anguish of the speaker on the device being exploded on the day of buddha jayanti. the speaker says that ..... bomb or the comment on the hindu gods will disrupt public order. in his submission, this is not something which is permissible even under sub-section (1) of section 5-b of the act which lays down the principles for guidance in certifying the films.13. as far as the addition is concerned, mr. sebastian submitted that this was .....

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Mar 31 2003 (TRI)

Star Chemicals (Bombay) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)79TTJ(Mum.)1002

..... not doubted by the ao. the nature of business is manufacture of phosphorous, which is highly explosive and it is claimed that the loader is a necessity in the line of trade. in accordance with the provisions of section 32ab of the it act, 1961, the deduction was allowed to the assessee on the purchase of jcb excavator loader but ..... section 32 of the act and as such the deduction be allowed under section 37 of the act as a matter of commercial expediency as a prudent businessman would do." 4. the learned counsel for the assessee argued ..... . 1 is not pressed by the learned counsel of the assessee, hence dismissed. "cit(a) erred in upholding the disallowance of rs. 8,66,989 under section 32ab of the it act in respect of unserviceable and unusable jcb excavator loader scrapped during the accounting year and the scrap value deducted from the block of assets under .....

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