Judgment Search Results Home > Cases Phrase: explosives act 1884 section 4 definitions Sorted by: recent Court: mumbai Year: 2006 Page 43 of about 612 results (0.050 seconds)

Oriental Insurance Co. Ltd. Vs. Yogendra Bhalchandra Patil and anr.

Court : Mumbai

Reported in : 2007ACJ2051

..... of the dishonour of the cheque. this to my mind would not make any difference to the position as it obtained at least under the act of 1939. section 105 of the act of 1939 enunciated that where a policy of insurance is cancelled, the insurer shall within seven days notify such cancellation or suspension to the registering ..... authority in whose records the registration of the vehicle covered by the policy of insurance is recorded. the object of this provision is obvious. section 94 of the act contained a specific prohibition on the use of a motor vehicle unless there is in force a policy of insurance complying with the provisions of the chapter. ..... to the judgment and award dated 26.10.1989 passed by the learned member of the motor accidents claims tribunal, mumbai in a claim petition under section 110-a of the motor vehicles act, 1939. by the impugned judgment and award, learned member of the claims tribunal awarded compensation of rs. 67,780 together with interest in favour .....

Mrs. Tarla N. Morjaria, Vs. Mr. BipIn Hiralal Shah and Mrs. Pushpa Bip ...

Court : Mumbai

Reported in : 2006(4)ALLMR399; 2006(4)BomCR492; 2006(5)MhLj516

..... bench of this court has held that a suit by a licensor against the gratuitous licencee is not tenable before the presidency small causes court under section 41 of the presidency small causes court act, 1882. depending on the valuation, such a suit would lie either before the city civil court or the high court. therefore, the submission on ..... the erstwhile tenant. however, neither the erstwhile tenant nor his son have been examined by the defendants. defendant no. 2 has deposed in her evidence that hasmukh sanghvi acted as a broker for the defendants. in her affidavit in lieu of the examination in chief, she has stated that this broker was introduced to them by one mohite ..... from govind g. shah on 15th august 1972. they contend that in view of the amendment of 1973 to the bombay rents, hotel and lodging house rates control act, 1947, a sub-tenant who is in occupation of premises prior to 1st february 1973 by operation of law becomes the tenant of the original landlord. the defendants have .....

Amitabh Bachchan Corpn. Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... machinery ltd. (supra)), the question was allowallibility of expenditure on technical know-how for five years. at page 688, the hon'ble delhi high court held that section 37(1) of the act requires that the expenditure should not be of a capital nature. the court held, the question whether a particular expenditure is revenue, incurred for the purpose of business ..... and spread over a period of sixteen years.31. the learned dr further relied upon the decision of the hon'ble calcutta high court in the case of indian explosives ltd v. cit wherein expenditure for constructing a building on land taken or licence for a period of ten years with an option for renewal for another ten years, ..... , shri y.p. trivedi and shri v.h. patil. according to them, this is to be treated as revenue expenditure and claimed to be allowable under section 37(l) of the act.8. assessing officer rejected assessec's claim on the basis of the decision of the hon'ble supreme court in the case of empire jute co.ltd. v .....

Zuari Industries Ltd. Vs. Acit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)105ITD569(Mum.)

..... " which by deeming fiction is to be considered as cost of acquisition and cost of improvement for the purpose of computing capital gain under section 48.section 48 of the act provides for deduction of cost of acquisition/improvement from the full value of consideration received or accruing as a result of transfer of capital asset ..... the common order for the sake of convenience.1. the first issue arising in this appeal relates to computation of capital gains under section 50b of the income tax act, 1961 (act).briefly stated, the facts are these: the assessee was engaged in the business of manufacturing and sale of chemical fertilizers and allied products ..... the assessment order. in the course of assessment proceedings, the assessee could not explain as to how such expenditure could be allowed as deduction under section 37 of the act. the only plea taken before the assessing officer was that payments were made for business purposes. not satisfied with such explanation, the assessing officer .....

Mrs. Meena Rajagopal Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103TTJ(Mum.)54

..... received by the assessee is her income in lieu (of) or in addition to the salary as per the provisions of section 17(1)(iv) of the act.8. as far as the it act is concerned, section 4 is the charging section. sec, 5 defines the total income in terms of the residence of the assessee. a non-resident's total income comprises of ..... all income from whatever source received or accrued in india or accrued outside india. it has been submitted that in order to treat the receipt as income under section 5(1) of it act, 1961, the receipt must be of income character. a gift received by the assessee is a capital receipt and cannot be considered as income. as regards ao ..... ao, the assessee was working as a secretary to one shri g.k. ramamurthy and major source of income of the assessee was from salary. proceedings under section 147 of the it act were initiated against the assessee. during the course of assessment proceedings, it was noticed by the ao that in the bank account of the assessee with abn amro .....

Chandrakant Kantilal Shah Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the learned commissioner (appeals), there was no change in facts and no other material was brought by the assessee so as to exclude himself from the purview of section 43(5). consequently, the learned commissioner (appeals) confirmed the action of assessing officer.5. the assessee preferred an appeal before us. we have heard the parties ..... as this transaction out of which the loss has resulted, is without actual delivery of shares. therefore, the contention of the assessing officer was that as per section 43(5) the assessee has suffered loss on purchase and sale of shares without actual delivery being effected. in response to assessing officer's query, the assessee ..... transactions are done, brokers often resort to violation and penalties are imposed but these payments certainly do not fall in the rigorous provisions of the act where this expenditure cannot be held to be disallowable. therefore, we hold that this expenditure should be allowed to the assessee against the business income. .....

Gtc Industries Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)104ITD86(Mum.)

..... of cst v. satyanarain singh [1974] 33 stc 187, the allahabad high court considered this question in respect of a reference made under the u.p. sales tax act, section 11. it said that when a question has been referred to the high court and, in the meanwhile, the law is amended with retrospective operation, it would be ..... this aspect. second, which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1-4-1989. the learned judicial member holds the view that the retrospective legislation was not in existence at the ..... has also ignored the binding decisions of the larger benches of the supreme court. (v) reference to explanation inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1-4-1989 has been made in the order proposed by the learned judicial member for the proposition that the said .....

G.T.C. Industries Ltd. Vs. the Dy. Cit, Spl. Rg. 50

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... of cst v. satyanarain singh [1974] 33 stc 187, the allahabad high court considered this question in respect of a reference made under the u.p. sales tax act, section 11. it said that when a question has been referred to the high court and, in the meanwhile, the law is amended with retrospective operation, it would be ..... this aspect. second,which is independent of and without prejudice to the aforesaid, the explanation has now been inserted in clause (vii) of sub-section (1) of section 36 by the finance act 2001 with retrospective effect from 1.4.1989. the learned judicial member holds the view that the retrospective legislation was not in existence at the time ..... has also ignored the binding decisions of the larger benches of the supreme court. (v) reference to explanation inserted in clause (vii) of sub-section (1) of section 36 by the finance act, 2001 with retrospective effect from 1.4.1989 has been made in the order proposed by the learned judicial member for the proposition that the said .....

Estate of Late N.J. Patel Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... consideration for the purpose of determining the income under the head capital gains. the computation of income under the head capital gains is to be under section 48 of the income tax act. accordingly, under section 48, the full value of the consideration shall be deemed to be the fair market value as on the date of conversion and the cost ..... in-trade, which would be the difference between the sale consideration and the fair market value as on the date of conversion. this is the scheme of section 45(2) of the income tax act. in our view, the revenue authorities have erred in bringing to the charge of tax the entire sale consideration as business income. as mentioned above, ..... gains and accordingly the assessment was made on 27-3-1997. the commissioner of income-tax, central-iii, mumbai set aside the aforesaid assessment order under section 263 of the income tax act on 5-2-1998.it would be appropriate to reproduce below the relevant part of the cit's order from pages 12 and 13 of his order: .....

Shikshak Sahakari Bank Ltd. Vs. Indian Oil Corporation Ltd. and

Court : DRAT Mumbai

Reported in : IV(2006)BC148

..... would have initiated proceedings for contempt of court, which was not done.12. the next argument advanced on behalf of the appellants is that the application under section 17 of the securitization act is required to be made within a period of 45 days. however, the said application had not been made within the prescribed period of limitation and, therefore ..... have to show strict compliance of the requirement of the contrary intention as it would take away the right of the mortgagor vested under sub-section (1) of section 65a of the transfer of property act.9. it is also argued on behalf of the respondent no. 1 that what was leased to the respondent no. 1 by the borrower ..... favour of the respondent no. 1 corporation in respect of a small portion of that land. on 4.7.2003, the appellant bank issued notice under section 13 of the securitization act to the respondent no. 2, the borrower, and took symbolic possession on 15.11.2004 of the mortgaged property including the portion of the plot leased .....