Court : Mumbai
Reported in : (2005)199CTR(Bom)242; [2006]281ITR338(Bom)
..... agreement. apart from this, the first petitioner had also incurred expenditure in the sum of rs. 1.89 lakhs by way of registration fee.4. the finance act of 1985 has introduced chapter xx-c in the act providing for compulsory purchase by the central government of immovable properties in certain cases of transfer. in view of the introduction of ..... petitioners, vide its order dt. 27th april, 1993 held inter alia that this was a fit case for pre-emptive purchase under section 269ud(1) of chapter xx-c of the act. all submissions made by the petitioners were brushed aside by the respondent no. 1. the respondent no. 1 relied upon three sale instances which in ..... chapter xx-c, the petitioners applied for no objection in form 37-i to the appropriate authority with a request to issue 'no objection certificate' to .....
Tag this Judgment!Court : Mumbai
Reported in : 1983(12)ELT216(Bom)
..... bench of the calcutta high court in that case has taken the view that assessment and provisional assessment of duty under the central excises and salt act and rules read with the relative finance act can only be in accordance with the statutory provisions. these are not common law rights and, therefore, a provisional assessment can only be made ..... rule 10-a have been considered by the supreme court in the case of assistant collector of central excise, calcutta v. national tobacco co. of india ltd. : 1978(2)elt416(sc) . in that case the company was required to furnish quarterly consolidated price-lists which used to be accepted for purposes of enabling the company to clear ..... by publications in the official gazette. all such rules and notifications shall thereupon have effect as if enacted in the act. 9. in exercise of the powers conferred by section 37 of the act the rules have been made. chapter iii of the rules provides for levy and refund of, and exemption from, duty. rule 7 provides that .....
Tag this Judgment!Court : Mumbai
Reported in : 2009[15]STR241; [2009]23STT45
..... power to reduce the penalty imposed under section 76. question as now framed, therefore, would not arise from the order of the tribunal. even otherwise considering section 80 of the finance act, 1994, it is clear that there is power in the authority on showing reasonable cause, not to impose penalty or reduce the amount of penalty. that issue is fairly covered .....
Tag this Judgment!Court : Mumbai
Reported in : 1986(2)BomCR409; 1985MhLJ376
..... as follows :-constituents percentage------------ ---------- water 87.25 dry matters 12.75 fat 3.80 protein 3.50 sugar 4.80 ash 0.65------100.00------ in chapter iii of the said book the author has considered the factors affecting the composition of the milk which include all the factors referred to above. at page 61 ..... learned counsel for the accused relied upon certain decision of the allahabad high court and in particular the decision of its division bench in kadamsingh v. state, 1978 1 fac 160. accepting the contention raised on behalf of the accused the learned magistrate held that the fat percent age found was much more than the prescribed ..... its natural form'. it is, therefore, necessary to consider the meaning of the word 'agriculture' occurring in the definition of the expression 'primary food' given under the act.9. in webster's international dictionary the word 'agriculture' is defined as follows 'the art of science of cultivating the ground, including the harvesting of crops, and .....
Tag this Judgment!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 ..... capital assets is a loss and the assessee has income assessable under any head of income other than 'capital gain', the assessee shall, subject to the provisions of this chapter, be entitled to have such loss set off against the income aforesaid.' 108. it was suggested that even though the tribunal had not indicated as to what would ..... 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' .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)ILLJ163Bom; 1978MhLJ832
..... company or of any other company, etc. 9. it is in the context of these powers relating to the finance and banking in the country and its functions as the central bank of the country, that under chapter iv general provisions are made, including provisions to make regulations with the previous sanction of the central government, consistent with ..... must be attributed an intention in making the distinction between regulations. 13. in my opinion, the intention will be clear when we see the scheme of the whole act and the essential nature of the reserve bank as an incorporated body to function as the central bank of the country, subject to the powers of the government of ..... 1948 were made by the central board of directors of the reserve bank of india, in exercise of its powers, under s. 58 of the reserve bank of india act, 1934, and they require the previous sanction of the central government, which was not admittedly obtained, in the present case; and hence he argued that the regulations were .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(202)ELT588(Bom)
..... petitioner has no relevance.14. it is clear from the order passed by the government of india that a minimum penalty has been imposed under section 38(3) of the finance act and so also under rule 10a(1) of the ftt, 1979. the discretion, thus, has been exercised by the authorities in favour of the petitioner by levying a ..... the original authority also confirmed the amount of interest at the rate of 20% per annum from the date of demand and penalty levied under section 35(a) of the finance act, 1979 and same was adjusted from the collection charges paid during the financial year 1997-98.12. aggrieved by the order dated 2nd november, 2004 passed by the original ..... reconsidered by the assistant commissioner of customs and by the order passed on 2nd november, 2004 imposed a penalty of rs. 7,59,060/- under section 38(3) of the finance act, 1979. the original authority also imposed a minimum penalty of rs. 32,000/- for 16 cases under the provisions of rule 10a(1) of foreign travel tax, 1979 and .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(1)BomCR84; 1999BomCR(Cri)907
..... interpretation is accepted then the expression 'prosecution' has a different meaning than the expression 'legal proceedings'. the expression also appears in the same part and chapter. the main purpose or object behind sections 446 and 442 is that in respect of a company in winding up or where proceedings in winding up ..... proceedings' in section 446(1) and the expression 'suit or proceedings' in section 442, under chapter ii of part vii of the companies act, include criminal complaints filed under section 138 of the negotiable instruments act. on behalf of the companies involved, it is contended, that the expression legal proceedings or other legal ..... official liquidator stood appointed as provisional liquidator of the company's assets. by the present application permission is sought under section 446(2) of the companies act to prosecute the complaints against the company only, as no permission is required to prosecute or continue the prosecution of the officers involved. company application .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(5)BomCR97
..... that the plaintiff has also established that the deed of conveyance (exhibit-j) was ante dated with a view to defraud the revenue. he submitted that under the finance act 2 of 1967 applicable to the assessment year commencing from 1/4/1967 the income tax liability was enhanced. as result, the capital gains tax payable by the ..... had not agreed for ante dating the document, there was every possibility that the vendor would insist upon the society to bear enhanced tax liability payable under the finance act 2 of 1967.(e) the society agreed for ante dating the document to give colour of title to the demolition of the bungalow undertaken by the society in ..... calcutta chromotype ltd. v. collector of central excise : 1998(99)elt202(sc) usha harshadkumar dalal v. org. systems and ors. : [2000]1scr57 everest coal v. state of bihar : [1978]1scr571 kanhaiyalal v. dr. d.r. bajaji : [1959]1scr333 pranballa v. tulsibala dassi : air1958cal713 sabava v. yamanappa a.i.r. 1933 bom 209 and immani appa rao v. g. .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)BomCR232; [1998]93CompCas6(Bom); 1997(3)MhLj727
..... secretary of the bifr would tantamount to pendency of an inquiry. 13. for that purpose, it is expedient to peruse some of the provisions of chapter iii of the sick industrial companies act which deals with reference, inquiry etc. section 15 deals with reference to the board. it provides for making of a reference to the board where ..... , formed on an application of mind to the reference or the information, that the case is a fit one to make an inquiry. this is also clear from chapters ii and iii of the bifr regulations. regulation 19 deals with reference under section 15. it provides for filing of the reference, scrutiny of same by the secretary ..... 22 of the said act would come into operation. the contention, in other words, is that inquiry under section 16 commences as soon as a reference under section 15 is registered and remains pending till it is concluded. reliance is placed in support of thiscontention on the decision of the allahabad high court in industrial finance corporation of india .....
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