Court : Mumbai
Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)
..... from which the income derived was agricultural income was excluded from the definition of 'capital asset'. the capital gains tax was again revived y the finance act, 1956. in the 1961 act, which replaced the 1922 act, the expression 'capital asset', is defined by cl. (14) of s. 2. that definition, as originally enacted, was as follows :'(14 ..... the purposes of the enactments relating to indian income-tax, or which affects the principles on which under any of the foregoing provisions of this chapter (that is, chapter i of part vii) money are or may be distributable to provinces or states, or which imposes any such federal surcharge as is mentioned in ..... therefore, frequently resort to delegating subsidiary or ancillary powers to delegates of their own choice. in municipal corporation of delhi v. birla cotton, spinning and weaving mills : [1968]3scr251 , wanchoo c.j. observed (p. 1244 (1)) :'a review of these authorities, therefore, leads to the conclusion that so far as this court is concerned .....
Tag this Judgment!Court : Mumbai
Reported in : (1973)IILLJ558Bom; 1974MhLJ83
..... relationship comes into existence as between an employer and an employee which is governed by the statute. if the scheme of the act is examined, it is quite clear that in chapter ii of the act there is reference to various municipal authorities. section 54 provides for appointment of the commissioner. section 55 provides for appointment of ..... reinstatement of the worker. the category third comprises cases like the vine's case, [1956] 3 all e.r. 939, and bool chand's case, : (1968)iillj135sc , where the person who is dismissed from service is entitled to an office or status under a statute and the order of dismissal affects that status. it is ..... by s. n. ghosalpar, an assistant administrative officer (enquiries) in the municipal corporation and they were affirmed on october 25, 1966 and june 25, 1968. on july 8, 1968, an affidavit in confirmation was filed by the enquiry officer g. w. shiveshwarkar. by this affidavit he substantially reiterated and confirmed the statements, submissions and .....
Tag this Judgment!Court : Mumbai
Reported in : (1991)91CTR(Bom)163; [1992]194ITR167(Bom)
..... .21. to get over the supreme court decision in cloth traders (pvt.) ltd. : [1979]118itr243(sc) , section 80aa was introduced by the finance (no. 2) act, 1980, with retrospective effect from april 1, 1968. it provided that, where any deduction is required to be allowed under section 80m in respect of any income by way of dividends from a domestic ..... from a domestic company. gross total income is defined in section 80b(5) to mean the 'total income computed in accordance with the provisions of the act before making any deduction under this chapter (chapter vi-a) or under section 280-o. 'income by way of dividends from a domestic company included in the gross total income of the assessee ..... income under that clause shall be only the amount of such income or profits and gains as computed in accordance with the provisions of the income-tax act (except chapter vi-a thereof), and in a case where any deduction is required to be allowed in respect of any such income or profits and gains under the said .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR709; [1997]228ITR68(Bom)
..... c.j.1. the all india federation of tax practitioners and a practising advocate have filed this petition for a declaration that ss. 64 to 78 of the finance act, 1997 are non est, void, unconstitutional and ultra vires in entirety, with a further prayer that the respondents be directed not to implement the same. in the alternative ..... may all be necessary, but they cannot substitute for effective prosecution of evasion cases by the it department. to reduce the incidence of administrative lapses, noted in chapter 10, it is necessary for the department to make use of better legal expertise at every level. furthermore, in selecting cases for prosecution, the department should be ..... in december, 1971. the report concluded that money value of the sum involved in unaccounted income was in excess of rs. 7,000 crores in financial year 1968-69. the learned counsel emphasised that in the said report, it has been specifically stated that majority of persons who have replied to the questionnaire do not favour .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1995Bom19; 1994(2)MhLj1398
..... dispose of any land vested in or acquired by it under the provisions of the act. chapter vii of the act provides in respect of the taxation while chapter viii provides for the finance. section 77 provides that the duty imposed by the indian stamp act, 1899 on the instruments of transfer of the immovable property situated within the area ..... court further relied upon the observations made by hidayatullah, j. as he then was in municipal corporation of delhi v. birla cotton spinning and weaving mills,delhi : [1968]3scr251 wherein whileconsidering the attributes of the local bodies, it was held that (at p. 1254) :'local bodies are subordinate branches of government activity. they are democratic ..... on the so called admission by fulchand made in his statement dated 11-1-1977 that the field survey numbers in question were returned to him in 1968 by the nagpur improvement trust and that since then he was in de facto possession. it is, therefore, clear that the maharashtra revenue tribunal was alive .....
Tag this Judgment!Court : Mumbai
Reported in : (1974)76BOMLR788
..... rightly says that whenever the expression 'prohibition' is used, then it must be understood in its widest sense. 15. the customs act, 1962 was amended by introducing chapter iv-b in 1969. the chapter was inserted in the act by act no. 12 of 1969 with effect from 3-1-1969. we are concerned with section, and l in the present case. under ..... in filing the complaint, the evidence adduced by the prosecution will not make out a prima facie case within the meaning of the act. 7. it is said that the prohibitions in chapter iv-b of the act which may have a bearing on illegal exportation were never intended by the legislature to be the subject-matter of prosecution. this ..... by ministry of finance notification g.s.r. 38 dated 3-1-1969 the central government had declared, inter alia, that the inland area would be fifty kilometres in width from the coast of india falling within the territory of the state of maharashtra as a specified area for the purposes of chapter iv-b of the customs act, 1962 (as .....
Tag this Judgment!Court : Mumbai
Reported in : [1979]116ITR528(Bom)
..... companies on their excess profits. chap. vi-a originally did not exist in the i.t. act, 1961, and it was introduced for the first time in the year 1965 by the finance act 10 of 1965. however, there existed chap. vii which bore the chapter heading 'incomes forming part of total income on which no income-tax is payable'. it may ..... be mentioned that chap. vi-a as originally enacted in 1965 was later on substituted by the new chap. vi-a by the finance (no. 2) act, 1967, containing ss ..... . 80a to 80g. section 80u was added therein by act 19 of 1968. sections 80 .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR695
..... . therefore viewing it as an administrative decision it was held in baldeo singh's case that the opportunity of inviting objections from the general public municipal act, 1968. the above decision is therefore of no assistance in the instant case where the question whether section 18(3) is a piece of conditional legislation, ..... and to perform such other functions as may be prescribed.30. the detailed functions of the planning and development authority are contained in chapter-v, chapter-vi, chapter-vii and chapter-viii of the act relating to the present land use, preparation of development plan, central of land use and preparation of town planning scheme respectively.31. ..... notification in that regard and it has to be within the maximum and minimum development charges fixed under the rules. section 105 (1) in chapter-x of the act provides for a separate fund constituted for the planning and development authority containing the moneys received by the said authority under the various heads shown .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(15)ECC353; 1987(30)ELT180(Bom)
..... candy' ought to be refunded to the petitioner. putting forth this view a letter was addressed on behalf of the petitioner to the secretary, ministry of finance on 15th of november 1980 informing the latter that the petitioner had been paying excise duty on lozenges under a mistake of law which was common to ..... central excise ordered the provisional assessment of lozenges on the basis that they are included in the word 'candy'. subsequently, by a communication dated 5th of april 1968 the inspector of central excise informed the petitioner compressed tablets and sticks popularly known as 'extra strong' and sweetened cigarettes, lozenges, peppermints etc. fall in the ..... the owners of jaora sugar mills. the madhya bharat government, in exercise of the powers vested in it under the madhya bharat essential supplies (temporary powers) act, 1948, had issued a notification and included sugar in the list of articles as an essential commodity. under another notification, all the sugar factories in madhya .....
Tag this Judgment!Court : Mumbai
Reported in : 1989(24)LC513(Bombay); 1990(47)ELT305(Bom)
..... two industries. it may also be seen that apart from section 3 of the cess act, there are other modes of raising the finances provided in chapter iii of the board act for carrying out the objects of the board under the said act and the fund created thereunder is also known as the 'oil seeds and vegetable oils ..... however no provision for raising finance by levying any cess under the board act. the cess is leviable only under the cess act under which the charging section is section 3 in ..... therewith. the constitution of the boards is provided under the said act and it is clear from section 9 that it is charged with the functions of promotion and development of the oilseeds industry and vegetable oils industry. chapter iii of the act makes provisions for raising finances for carrying out the purposes of the board. there is .....
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