Court : Mumbai Goa
..... law: (a) whether the assessee is entitled to claim benefit of 10 years exemption by amendment to sub-section (3) of section 10b by finance act, 2001, with effect from 1/4/1994 or benefit of 8 years exemption under amendment by the finance act, 1988, with effect from 1/4/1989, particularly, when assessee commenced manufacturing/production from the year 1993 ..... to be excluded is independent income having no nexus with export and therefore similar to the income described in sub clause (baa) of the explanation to section 80hhc of the act. it must also be noted that in pfizer ltd. (supra), this court has not stated that the stock in trade which was indemnified was not ..... added thrust to exports. clause-4 seeks to similarly extend the five year tax holiday period to ten years to the export oriented units under, section 10b of the income tax act. 5. relying on the aforesaid object set out in the statement of objects and reasons, karnataka high court further made following observations: from the .....
Tag this Judgment!Court : Mumbai Goa
..... employee;] output service means any service provided by a provider of service located in the taxable territory but shall not include a service,- (1) specified in section 66d of the finance act, or (2) where the whole of service tax is liable to be paid by the recipient of service. 11. considering the definition of word input ..... place of removal; [but exclude],- [(a) service portion in the execution of a works contract and construction services including service listed under clause (b) of section 66e of the finance act(hereinafter referred as specified services) in so far as they are used for- (a) construction or execution of works contract of a building or a civil ..... with the orders passed by both the courts below. 10. for the sake of convenience we reproduce the definition of input services defined under section 2(l) of rules, 2004 and output services defined under section 2(p) rules,2004 which read as under:- input service means any service - (i) used by a provider of [output service .....
Tag this Judgment!Court : Mumbai Goa
..... of the courtyard which is open to the sky cannot be included to compute the built-up area. the definition of the words 'built-up area' was introduced by the finance act of 2004 w.e.f. 1.4.2005, which is not otherwise applicable to the facts of the present case, also clearly provides that the built-up area would mean ..... include the common areas shared with other residential units?. 8. it would be appropriate to note that the said definition of the words 'built-up area' was inserted by the finance act of 2004 w.e.f. 01.04.2005 much before the plans were approved in the present case. 9. on going through the said provisions, in order to avail of ..... object of the legislature than to distress the said object. in that view of the matter, the definition of built-up area as inserted in sub-section 14(a) of section 80-ib by finance no.2 act of 2004, which came into effect from 01.04.2005 cannot be held to be retrospective; it applies only to such housing projects, which are approved .....
Tag this Judgment!Court : Mumbai Goa
..... mart, gujarat boarding house and gujarat lodge were one establishment being the family unit. according to the appellant, as averred in the applications under section 75 of the esi act, after 1.4.1987 the said three establishments were formed on account of some understanding amongst the family members. but in the affidavit-in-evidence ..... by them. 15. though the present appeals were admitted by order dated 4th october 2006, however, no substantial questions of law as required by section 82(2) of the esi act were framed. therefore, it is necessary to formulate the substantive questions of law involved in these appeals. the substantial questions which arise for determination ..... is that ownership is one, employees are common, there is common finance and consequently there is functional integrality. she further submitted that functional integrality is only one of the tests. she pointed out that the order made under section 45-a of the esi act is conclusive and once the said order is made, it is .....
Tag this Judgment!Court : Mumbai Goa
..... consignments of naphtha and furnace oil in violation of conditions no. 5 and 8 of the warehousing license no. 02/05 dated 13/07/2005 issued under section 58 of the customs act, 1962. it is revealed that the time endorsed on the merchant overtime applications (mot) attended by these superintendents does not correspond with the time shown on ..... countersigning commissioners of customs (dc/ac) deliberately did not send the ex-bond bills of entry for post audit which is in gross contravention of the instruction of ministry of finance, department of revenue, vide file no. 473/291/88-cus-vii dated 03/10/1988. 11. it is further stated in the charge-sheet that in furtherance of ..... export ltd.. in none of these ex-bond bills of entry, the above said accused customs officials had affixed their names and designation stamp in contravention of instruction of ministry finance, department of revenue, cbec vide para 2 (i) of the letter f.no. c-11016/8/2000-ad.v dated 12/1/2002. none of these appraisers had .....
Tag this Judgment!Court : Mumbai Goa
..... consignments of naphtha and furnace oil in violation of conditions no. 5 and 8 of the warehousing license no. 02/05 dated 13/07/2005 issued under section 58 of the customs act, 1962. it is revealed that the time endorsed on the merchant overtime applications (mot) attended by these superintendents does not correspond with the time shown on ..... countersigning commissioners of customs (dc/ac) deliberately did not send the ex-bond bills of entry for post audit which is in gross contravention of the instruction of ministry of finance, department of revenue, vide file no. 473/291/88-cus-vii dated 03/10/1988. 11. it is further stated in the charge-sheet that in furtherance of ..... export ltd.. in none of these ex-bond bills of entry, the above said accused customs officials had affixed their names and designation stamp in contravention of instruction of ministry finance, department of revenue, cbec vide para 2 (i) of the letter f.no. c-11016/8/2000-ad.v dated 12/1/2002. none of these appraisers had .....
Tag this Judgment!Court : Mumbai Goa
..... to the petitioners the application was within time. the learned district judge accepted the said explanation of the petitioners and proceeded to decide the objection under section 34 of the arbitration act, 1996 thereby setting aside the award passed by the arbitrator. considering the said averments, we find that the contention of mr. rao, learned counsel ..... a citizen is not required to go to the alternative remedy provided under section 17 of the act. in the case before us neither the writ petitioner nor her predecessor had ever secured the property in favour of the idbi home finance ltd. and as such, its act was on the face of it was without jurisdiction. 12. therefore, ..... , who was undisputedly the owner of the property. the idbi home finance ltd., as it appears from record, on the basis of an agreement with two persons, viz. goutam kumar bose and bharati rani bose, exercised its alleged right under section 13 of the act although by virtue of such agreement no such right accrued in its .....
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..... the complainant issued a statutory notice dated 03.11.2009, which was returned as unclaimed. thus, the complainant-moksha jain filed a complaint under section 138 of the negotiable instruments act (n.i. act, for short) before the learned judicial magistrate first class at margao. at the trial, shri shreyans kumar jain examined himself (pw-1) ..... was at pains to point out that the loan agreement inter alia stipulated that payment to the first respondent, would be a valid discharge, as against shriram finance, which would leave no manner of doubt that the first respondent could legitimately recover the amount. thus, it is submitted that the findings recorded by the ..... was a party. before going to the said recitals in the agreement it is necessary to state that the complainant-moksha jain was essentially, acting as a intermediary/facilitator between shriram finance and the petitioner. thus, moksha jain was a third party administrator (tpa) in the matter of advancing of loan. the clauses 3.1 .....
Tag this Judgment!Court : Mumbai Goa
..... disputes regarding mou are referable to arbitrator as arbitration clause also applies to mou. he contended that section 8 of the arbitration act is wider than section 11 of the act and the jurisdiction under section 8 permits the court to pronounce on arbitrability of a dispute or existence of arbitration clause. learned counsel ..... the petitioners in september 2008 again approached the high court for appointment of arbitrator. the disputes that led to the filing of the application under section 11 of the arbitration act were as under: (a) disputes concerning the rights, liabilities and obligations arising under mou. (b) disputes concerning the rights, liabilities and obligations ..... be decided by this court in the exercise of jurisdiction under section 8 of the arbitration act which is not permissible under section 11. in this regard, learned counsel relied upon the judgments in following cases: (i) booz allen and hamilton inc vs. sbi home finance limited and others? [(2011) 5 scc 532], (ii) .....
Tag this Judgment!Court : Mumbai Goa
..... with item 1 of the second schedule and which was misbranded and spurious in terms of sub-section (c) of section 17 and sub-section (d) of section 17-b of the act and, therefore, committed an offence punishable under section 27(c) of the act. written sanction from the director of food and drugs administration, panaji to launch the prosecution against ..... almost unanimous judicial opinion that necessary averments ought to be contained in a complaint before a person can be subjected to criminal process. a liability under section 141 of the act is sought to be fastened vicariously on a person connected with a company, the principal accused being the company itself. it is a departure from ..... enough so that the drug could remain stable without deterioration and this was done in the present case. she pointed out that in terms of section 25(4) of the act, the report of the director of central laboratory, calcutta, was conclusive evidence. in this regard, she relied upon the judgment of this court in .....
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