Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: mumbai Page 94 of about 1,733 results (0.291 seconds)

Dr. Shailaja D/o Bhujangrao Wadikar Vs. the Hon'ble Chancellor and Oth ...

Court : Mumbai Aurangabad

..... be final and a copy of the order shall be served on the teacher concerned by the vice chancellor within three days from its receipt." 14. chapter iii of the maharashtra universities act, 1994 deals with the officers of the university, their powers and functions. the chancellor is the officer of the university. as per section 9 of ..... of the principles of natural justice. the same can not be sustained and deserves to be set aside. (b) the learned counsel relies on the following judgments : (i) 1978 (1) scc 248 "mrs.maneka gandhi vs.union of india and another" (ii) 1985 mh.l.j. 887 "vidarbha nagarpalika parishad and others vs. state of maharashtra and ..... it would show that the chancellor has an administrative control. the power of the chancellor is that of a superintendence as per section 9 of the universities act. the learned senior counsel alternatively submits that even if it is assumed without admitting that principles of natural justice are to be observed then a written representation would .....

Commissioner of Income-tax, Bombay City Ii Vs. Estate and Finance Ltd.

Court : Mumbai

Reported in : [1978]111ITR119(Bom)

..... allowed the relief on the contention that the provision for relief had to be considered to be a substantive provision to be read with a part of chapter iv of the act dealing with deductions and assessment and not as a proviso. in our view, if the division bench had wanted to consider the statutory provision irrespective ..... was assessed as business income of the assessee-company. in december, 1947, it had purchased a theatre in bombay for rs. 8,50,000. the necessary finance for acquiring the theatre was raised by mortgaging the theatre itself. the theater was let out with all its installations and furniture and the income from such letting ..... independent substantive provision, they could have repelled this submission of mr. ramaswamy by stating that even if regarded as an independent substantive provision, the scheme of the act would suggest that such unabsorbed depreciation could not be claimed in the year of assessment unless the business in respect of which it has arisen earlier was being .....

Commissioner of Income-tax, Bombay City-i, Bombay Vs. Kamini Kaushal

Court : Mumbai

Reported in : [1978]115ITR694(Bom)

..... in her bank account. that credit entry was satisfactorily explained explained by the assessee by production of the correspondence between the producer and distributor, masuri films and finance ltd., delhi. this correspondence was exchanged by registered post and there no possibility of any suspicious about their genuineness. it was on the basis of this material ..... draws its own imagination and imports and circumstances not apparent from the record or bases its conclusion on mere conjectures or surmises or where no person judicially acting and properly instructed as to the relevant law could have come to the determination reached. according to the supreme court, in all such cases the findings ..... of the sum of rs. 25,000 from the income of the assessee was based on mere conjectures and surmises or was such that no person judicially acting and properly instructed as to the relevant law could have come to the determination reached ?' 3. this question relates to the assessment year 1954-55, the .....

Sandvik Asia Ltd. Vs. Commissioner of Income-tax and ors.

Court : Mumbai

Reported in : 2004(3)BomCR590; (2004)189CTR(Bom)226

..... therefore, the petitioners are entitled for interest on interest as claimed by the petitioners even in the absence of any specific provision in that regard in the said act ?13. chapter xix of the said act deals with the subject of refund. section 237 thereof provides that if any person satisfies the assessing officer that the amount of tax paid by him or ..... is to the tune of rs. 1,18,49,618 as on june 30, 2001, while reserving the right to claim further interest. this claim relates to the assessment year 1978-79.7. in writ petition no. 5854 of 2001, which relates to the assessment year 1982-83, other facts being similar to the first petition, the claim of the petitioners ..... the respondents for a long period as stated in the petition.3. the facts not in dispute in writ petition no. 5841 of 2001 are that for the assessment year 1978-79 the petitioners paid advance tax of rs. 1,11,81,844. by the assessment order dated march 27, 1981, the petitioners' income for the said period was assessed at .....

Bar Council of Maharashtra Vs. Commissioner of Income-tax, Bombay City ...

Court : Mumbai

Reported in : (1979)12CTR(Bom)45; [1980]126ITR27(Bom)

..... of the various committees for the purposes therein mentioned. section 15 confers power upon the bar council to make rules to carry out the purposes of this chapter. 8. it is urged by mr. joshi on behalf of the revenue that the primary object with which the bar council of a state is constituted ..... council v. irc [1927] 13 tc 819 (ca). the question that arose for consideration before the court was whether a general medical council established by the medical act, 1958, can be said to have been constituted for charitable purposes as understood in england. rowlatt j., who gave the decision in the trial court, clearly expressed ..... object of general public utility. he urged that the concept of charity as understood in england is more narrower than the definition of the expression 'charitable purpose' under the act. under s. (15) the expression 'charitable purpose' contains merely an inclusive definition, viz., 'charitable purpose' includes relief of the poor, education, medical relief, and .....

Nagarmal Baijnath Vs. Commissioner of Income-tax/Excess Profits Tax, B ...

Court : Mumbai

Reported in : [1978]114ITR133(Bom)

..... of its pre-dissolution income is concerned and the assessment or reassessment of such a firm after dissolution under section 44 of the act could be made in the same manner under chapter iv as if it had not discontinued its business.' 18. the aforesaid decisions of the supreme court as well as the bombay ..... banarsilal, baijnath and brijmohan. nagarmal died in 1961, and his representative was his son, bansarsilal, who was a partner in the firm. nagarmal and banarsilal were the financing partners whereas baijnath and brijmohan were working partners. the firm did business in cloth and commission agency. the firm was dissolved by a deed of dissolution dated 2nd ..... dissolution income is concerned and the assessment or reassessment of such a firm after dissolution, under section 44 of the indian income-tax act, 1922, could be made in the same manner under chapter iv as if it had not discontinued its business. in coming to this conclusion, the court considered the following decisions of supreme .....

Commissioner of Sales Tax Vs. Paper and Pulp Conversion Limited

Court : Mumbai

Reported in : [1978]41STC64(Bom)

..... was a decision of the supreme court in kedarnath jute . v. commercial tax officer : [1965]3scr626 . that was a case under the bengal finance (sales tax) act, 1941. under that act, sales by one registered dealer to another registered dealer, who purchased the goods for a particular purpose and had furnished to the selling dealer a declaration ..... pointed out the object underlying the stringency of these provisions. the supreme court observed : 'the object of section 5(2)(a)(ii) of the act [that is, the bengal finance (sales tax) act, 1941] and the rules made thereunder is self-evident. while they are obviously intended to give exemption to a dealer in respect of sales to ..... by the government or printed at the back of the returns. even then we were prepared to direct the tribunal under section 34(4) of the said act to state an additional case setting out whether the statements submitted and the information furnished by the respondents differed from the prescribed form, namely, form (12), .....

Associated Bombay Cinema P. Ltd. Vs. Commissioner of Income-tax, Bomba ...

Court : Mumbai

Reported in : [1978]111ITR942(Bom)

..... . western india theatres ltd. the tribunal has recorded a finding that the assessee has not shown how it was necessary for it to take up winding-up proceedings or to finance proceedings taken out by third parties for winding up the lessee-company. in view of this finding which has been recorded question no. 2 will have to be answered in ..... from the lease rent earned by the applicant from letting out the strand cinema was income assessable under section 12 and not under section 10 of the indian income-tax act, 1922 (2) whether, on the facts and in the circumstances of the case, the tribunal was justified in law in not allowing the item of rs. 75,000 as expenditure ..... tulzapurkar, j. 1. in this reference made to this court under section 66(2) of the indian income-tax act, 1922, the following two questions have been referred to us for our opinion : '(1) whether, on the facts and in the circumstances of the case, the tribunal was justified in .....

Commissioner of Income-tax Vs. Mercantile Bank Ltd. (Through Successor ...

Court : Mumbai

Reported in : (1999)155CTR(Bom)59; [1999]237ITR676(Bom)

..... thousand.10. in the light of the rival contentions, we are required to examine the relevant sections of the income-tax act. section 40a(5) was introduced in the income-tax act, 1961, by section 10 of the finance (no. 2) act, 1971, with a view to impose a ceiling on business expenses. this is clear from the non obstante clause incorporated ..... salary or terminal benefits is rs. 60,000 during the relevant year. in the present case, we are concerned with the law as it stood during the relevant assessment year 1978-79. in the circumstances, question no. (iii) is answered in favour of the revenue and against the assessee.11. to facilitate the reasoning given hereinbelow and in view ..... is :'whether, the amount in excess of rs. 60,000 was liable to be disallowed under section 40a(5)(c) of the income-tax act, as it stood during the relevant assessment year 1978-79 ?'7. it was urged on behalf of the assessee that section 40a(5) provides for deduction for payment made to an employee and also .....

Commissioner of Income-tax, Bombay City-iii Vs. Kantilal Shah and anr.

Court : Mumbai

Reported in : [1979]118ITR647(Bom)

..... tribunal, the reason for the payment of the sum of rs. 50,000 had been specifically mentioned in the agreement at annex.'b' as compensation for determination of the financing agreement (annex.'a'). in these circumstances, according to the tribunal, there was no scope for holding that the profit which the assessee would have earned as per the original ..... . the obligation proved to be too onerous for the company which took up the stand that the provisions were illegal as offending the provisions of the bombay money-lenders act. a suit was filed by the company and a counter-claim therein by the assessee and ultimately by a consent decree it was agreed that the company would pay ..... if relevant, would be relevant in the assessment year 1960-61. it is from this decision that the reference has been made under s. 256(1) of the i.t. act, 1961, at the instance of the commissioner, and the following question has been referred to us : 'whether, on the facts and in the circumstances of the case, the sum .....