Court : Mumbai
Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
..... of the assessee's disclosure was maintained, as the same could be used only in the settlement commission.17. scheme of the act and relevant changes in chapter xix-a of the act by the finance act, 2007.prior scheme(i) an application to the settlement commission was submitted in accordance with form 34b in appendix ii to the ..... an exhaustive review of almost all decisions bearing on the question of article 14, this court speaking through chandrachud, c.j. in re. special courts bill. 1978 restated the settled propositions which emerged from the judgments of this court undoubtedly insofar as they were relevant to the decision on the points arising for consideration in that ..... has settled 1213 cases of which only one case was admitted by the supreme court. the direct tax laws committee in its final report submitted in september, 1978 further recommended that all restrictions on the powers of the settlement commission to entertain cases should be removed. as a result of this recommendation w.e.f. .....
Tag this Judgment!Court : Mumbai
Reported in : 1952CriLJ646
..... as follows.it received the assent of the president, on the 12th october 1950, under article 254(2) of the constitution. section 1 extends the act to the whole of madhya pradesh and limits the life to the 31st december 1952. sections 2 to 6 of chapter u deal with restrictions of movements and actions of persons. section 7 of ..... of property.7. the constitution of special courts and the procedure to be followed by them as well as the matters arising out of trials are dealt with in chapter vi, entitled special court. section 12 empowers the state government by a notification to constitute special courts of criminal jurisdiction for such areas as may be specified in ..... permits only memoranda of evidence to be taken down in cases of very serious nature, which is against the spirit and the letter of the law as laid down in chapter xxi, hyderabad criminal p.c. and should, therefore, be deleted.shripatrao, j. observed:excepting summary trials such a provision for the recording of evidence seems to be .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1960Bom109; [1960]38ITR241(Bom)
..... and, therefore, such income would age been exempt from tax under section 25(3) so long as the law remained as laid down in that case. but by the finance act of 1955 parliament has amended section 12, which is the residuary section, and specifically provided in section 12, sub-section (1a), that dividends shall be taxable under the head ..... the same view. 42. section 2(15) defines 'total income' to mean 'total amount of income, profits and gains... computed in the manner laid down in the act'. chapter i of the act deals with 'charge of income-tax.' it consists principally of two sections 3 and 4. section 3 provides that : '... income-tax shall be charged for any year ..... shall, in respect of the income, profit and gains of the firm or association, be jointly and severally liable to assessment under chapter iv and for the amount of tax payable and all the provisions of chapter iv shall, so far as may be, apply to any such assessment.' 60. the cognation is apparent. this section in its .....
Tag this Judgment!Court : Mumbai
Reported in : (1968)IILLJ552Bom
..... 2(16)(b) which refers to a corporation in which not less than forty per cent, of the capital is held by the government. chapter vi deals with the board's finance, accounts and audit. section 59 provides that the board shall not as far as practicable and after taking credit for any sub-venations from ..... government. industries which are carried on for their own purposes by incorporated commercial corporations which are governed by their own constitutions, as authorized by the indian companies act, could not be described as carried on under the authority of the central government. such corporations, are separate legal entities and run the industries for their own ..... completely absent from the working of those institutions. in this connection sri phadke laid emphasis on s. 19 of the electricity (supply) act, which lays down the general principles for the board's finance. the section runs thus : 'the board shall not as far as practicable and after taking credit for any subventions from the state .....
Tag this Judgment!Court : Mumbai
Reported in : [1974]94ITR34(Bom)
..... to draw the conclusion that this is one more instance of device adopted to evade and avoid payment of substantial income-tax.' 21. the commission has in this chapter also summarised circumstances on the basis of which these findings have been arrived at. 22. the income-tax officer has studied and scrutinised the findings of the commission ..... the original assessment was not a genuine document; that in fact it was forged and antedated and he relied upon the findings of the commission which are contained in chapter x of the report which related to the sum of rs. 7 lakhs. as held in s. narayanappa's case, the expression 'reason to believe' does not ..... 16. the commission of inquiry was appointed by the central government under notification s. r. o. no. 2993 of the ministry of finance (department of economic affairs) on december 11, 1956, under the commission of inquiry act (no. ix of 1952) to inquire into and report on the administration of nine companies, the nature and extent of the control, .....
Tag this Judgment!Court : Mumbai
Reported in : (1979)IILLJ258Bom
..... deduction, notwithstanding mr. setalvad's contention to the contrary. mr. setalvad relied on item 4 of schedule iii to the bombay industrial relations act, 1946 and s. 42 of that act. section 42 under chapter viii provides for notice of change. sub-sections (1) and (2) for effecting a change in respect of an industrial matter specified in ..... a particular time a representative-union, which is not only contrary to the act but is also manifestly unreasonable. this contention can easily be repelled. there is nothing in the impugned orders to support mr. setalvad's contention in the slightest. 31st august, 1978 6. mr. setalvad took recourse to s. 23 of the payment of wages ..... act. it provides that any contract or agreement, whether made before or after the commencement of the act, whereby an employed person relinquishes any right conferred by the act shall be null and void in so far as .....
Tag this Judgment!Court : Mumbai
Reported in : (1980)ILLJ230Bom
..... to bargain collectively with the employers, though that was not the position so far as the establishments not covered under the factories act were concerned. 16. it is thereafter that we find in chapter v of the report the recommendations of the committee and even here we find indications regarding application of its mind by the committee ..... too in an extensive manner, the various representations and views presented before it by the various employees' union as also union leaders. 13. we then find, in chapter iv of the report further observations of the committee, some of which give an indication that it did carry on its work in a highly satisfactory manner. as observed ..... connected upon the fact that this industry having been concentrated in few areas boasted of fairly good organisations of both employers and employees. 12. it has, in chapter iii of its report, referred to the views of the employers and the employees. it has also stated that during the course of its various tours, quite a .....
Tag this Judgment!Court : Mumbai
Reported in : [1980]126ITR377(Bom); [1980]4TAXMAN436(Bom)
..... it has been rightly held that the assessee was an 'industrial company 'within the meaning of the said expression as defined in s. 2(7)(d) of chapter ii of the finance act, 1966 ?' that is how the said question has been referred to this court, as stated earlier, by the tribunal under s. 256(1) of the ..... industrial undertakings for coming to its conclusion, completely ignoring the special definition given of 'industrial company' in cl. (d) of sub-s. 2 of chap. ii of the finance act, 1966, which directly falls for consideration in the present case. it will, therefore, be convenient to reproduce the said definition which is as follows (see [1966] 60 itr ..... is :'whether the assessee-company is an 'industrial company' within the meaning of cl. (d) of sub-s. (7) of s. 2 of chap. ii of the finance act, 1966 ?'2. the assessee which is a private limited company engaged in business, as disclosed in its memorandum and articles of association, among other things, of undertaking, building, constructing .....
Tag this Judgment!Court : Mumbai
Reported in : [1983]140ITR460(Bom); [1981]7TAXMAN97(Bom)
..... furnishing any information from the assessment records of the claimant.5. now, it is well known that the provision of s. 137 of the i.t. act, 1961, which were repealed by the finance act, 1964, with effect from april 1, 1964, placed an embargo on courts from calling for any returns, accounts, documents or any records relating to any ..... made. this is clarified by suing the words 'in the course of any assessment proceedings under the act or the indian income-tax act, 1922 (xi of 1922), (other than proceedings under chapter xxii of the act or chapter viii of the indian income-tax act, 1922), or in any record of any assessment proceedings or any proceedings relating to recovery of a ..... as being rs. 10,000 only in a statement file by him with the i.t. authorities on november 19, 1971. by an ex parte order dated september 29, 1978, the insolvency registrar was ordered at the instance of the respondents to issue letters of request to, (i) the commissioner of income-tax, bombay city-v, (ii) the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1983)4ITD602(Mum.)
..... ended 31-12-1978 was the relevant previous year.2. the only ground taken in this appeal is that the commissioner (appeals) erred in holding that the repairing of motor car was 'processing of goods' within the meaning of the definition of 'industrial company' appearing in section 2(7)(c) of the finance act, 1979 ('the act.'). it may be ..... to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of th e income-tax act) is not less than fifty-one per cent of such total income.3. the case of the assessee before the ito was that it was ..... it was held that the folding and stitching of the printed sheets would constitute 'processing of goods' within the meaning of 'industrial company' as envisaged under the aforesaid finance act, the case of the assessee before the commissioner (appeals) was that it got damaged automobiles and repaired the same in order to produce commercially new articles.hence, it .....
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