Court : Mumbai
Reported in : [1974]94ITR616(Bom)
..... , and that section 69a in any event could have no application to the assessment year 1962-63, when the section itself was inserted in the statute by the finance act of 1964, with effect from april 1, 1964, and section 69 could have no application whatsoever in the gold. fifthly, it was contended that in either case ..... head of income other then 'capital gain' is a loss and the assessee has income assessable under the head 'capital gain' such loss may, subject to the provisions of this chapter, be set off - (i) against the income, if any, of the assessee assessable for that assessment year under any head including income assessable under the head 'capital gain ..... a writ in the nature of certiorari for quashing the assessment order dated february 13, 1967, passed by the income-tax officer and the order dated march 9, 1970, passed by the income-tax appellate tribunal and also for a writ in the nature of prohibition permanently restraining the income-tax officer and the tribunal, their servants and .....
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 ..... no. 735/71 decided on 20-9-1973 by bhole and spare, jj. and cr. appeal no. 519 of 1970 and others decided on 21/22-11-1973 by deshpande & agarwal, jj.) while considering the provision of of the act reference is made in these cases to the prohibition against importation. according to mr. porus mehta, the consistent view of ..... 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 : 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 ..... 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 ..... of this petition contains the contentions raised at the final hearing of the matter. it has been pointed out that, by a resolution dt. 2nd march, 1970, the government of india appointed a committee, inter alia, to examine and suggest all legal and administrative measures for countering evasion and avoidance of direct taxation and .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1974Bom181; 1974MhLJ338
..... in the notification.' 5. section 2 (f) of the act defines the 'director as meaning a person appointed as the director of agricultural marketing and rural finance for the state of maharashtra. even in this definition an amendment was made by an act no. 32 of 1970 the amended definition now stands as meaning a person appointed as ..... words of a statute literally would defeat the obvious intention of the legislation and produces an unreasonable result. maxwell in his interpretation of statutes has observed in chapter 10 has follows:-'in determining either the general object of the legislature, or the meaning of its language in any particular passage, it is obvious that the ..... case turned on a construction of the powers of the court of appeal in section 4 of the criminal appeal act, 1970 section 3 of the act provided that ' a person convicted on indictment may appeal under that act to the court of criminal appeal........ with the leave of the court of criminal appeal against the sentence passed .....
Tag this Judgment!Court : Mumbai
Reported in : [1977]107ITR609(Bom)
..... on capital gains arising after march 31, 1946. this levy was for all practical purposes abolished by the indian finance act, 1949, which confined the operation of this section to capital gains arising before april 1, 1957, by the finance act, 1956, which substituted the present section 12b. the material provisions of section 12b run as follow : '12b. ..... member of his family dependent on him; (iii) any land from which the income derived is agricultural income.' 12. section 6, which occurs in chapter iii of the act, deals with taxable income and it enumerates six different heads of income chargeable to income-tax and clause(vi) refers to 'capital gains' as one ..... commissioner of income-tax v. k rathnam nadar : [1969]71itr433(mad) , decided by the madras high court, commissioner of income-tax v. chunilal prabhudas & co. : [1970]76itr566(cal) , decided by the calcutta high court, jagdev singh mumick v. commissioner of income-tax : [1971]81itr500(delhi) , decided by the delhi high court, the full .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(4)BomCR695
..... surveys, 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. section ..... discretionary powers conferred upon the state or the highest authority has been held to be a guarantee that it would be exercised, fairly and with responsibility. see the following cases: : (1970)iillj403sc , c.b. boarding and lodging v. state of mysore, para 8 : [1979]118itr534(sc) , s.t. commr. m.p. v. radhakrishna, para 15 : air1983bom493 ..... an administrative or a quasi-judicial power. the supreme court thus distinguished its earlier cases including the case of a.k. karaipak v.union of india : [1970]1scr457 as well as the case of maneka gandhi v. union of india, a.i.r. 1978 s.c. 594 in which the principles of natural justice .....
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 ..... by the section, it may be noted, was originally dealt with by s. 80e, which was later on replaced by s. 80-i and finally deleted by the finance act of 1972 with effect from 1st april, 1973. the deduction was in respect of priority industries. there was another deduction allowed under s. 80j in respect of profits and ..... ltd., ballarpur. we are concerned with their liability to surtax for the assessment year 1971-72. the chargeable period for the said assessment was the year ended 30th june, 1970, and the capital for the purpose of determining the standard deduction was thus required to be determined as on 1st july, 1969. the assessee had initially filed the return .....
Tag this Judgment!Court : Mumbai
Reported in : (1973)IILLJ558Bom; 1974MhLJ83
..... legal 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 deputy ..... of natural justice. he relied upon three decisions of the supreme court in firestone t. & r. co. v. workmen, : (1967)iillj714sc , jankinath sarangi v. state of orissa, : (1970)illj356sc , and azizul haque v. the state of u.p., : (1971)3scc796 . in the firestone t. & r. co.'s case there was no question of violation of principles of ..... of mandamus. 32. the binding effect of instructions issued by the municipal commissioner in exercise of his powers under s. 64(3) of the act was considered by a division bench of this court in municipal corpn. v. miss dethe, (1970) 73 bomlr 738. at page 748 after referring to the provisions of s. 64(3) of the .....
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 .....
Tag this Judgment!Court : Mumbai
Reported in : (1993)95BOMLR975; (1993)113CTR(Bom)358; [1993]202ITR375(Bom); 1993(2)MhLj1758
..... is no scope for doubt that an assessment under section 143(3) would include not only determination of the amount of tax calculated at the rate prescribed under the finance act but also interest or any other thing which has the effect of reducing or enhancing the total amount payable by the assessee under such an assessment. 20. the next ..... the revenue, then, contended that section 214(1a) had made the excess interest tax only for the purpose of recovery. he drew our attention to the heading of chapter xvii which deals with collection and recovery of tax. he, therefore, submitted that such excess interest was to be treated as tax only for the purpose of collection and ..... of interest under section 214 made by the income-tax officer ?' 2. the facts giving rise to this reference, briefly stated, are as follows : for the assessment year 1970-71, by an order dated february 11, 1972, the income-tax officer assessed the total income of the assessee at rs. 82,72,020 and allowed interest under section .....
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