Court : Mumbai
Reported in : 2002(3)ALLMR660; 2002(5)BomCR653
..... relevant provisions referred to by all the counsel.the relevant provisions 52. some of the sections which are relevant for our purpose are following:(a) maharashtra housing and area development act, 1976, chapter iii- functions, duties and powers of the authority and board '28. functions, duties and powers of authority.- (1) ......... (2) ......... (3) the authority may exercise all ..... state government, the n.o.c. was given by mhada. in his submission large projects like the present one would not be developed by mhada inasmuch as considerable finance expertise and co-operation of the occupants was required which could not be assured by mhada. all these years mhada had failed to do anything in that behalf. ..... suspend resolution and orders.---(1) the state government may from time to time issue such directions or instructions as it may think fit in regard to finances and conduct of business and affairs of the authority or any board and the authority and such board shall be bound to follow and .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)BomCR537
..... indemnity cover to buttress his argument that protection & indemnity club cover/marine insurance is necessary within the meaning of section 5 of the act of 1861. mr. rebello relied upon the judgment in caterpill finance v. alential chalice, 1994 amc 1767, m.v. tiang yung v. shaw wallace, : air1988ap331 , (m.v. agios ..... (2) llr 411, ramprasad chimanlal v. hazarimal lalchand : air1931cal458 , phool sundri v. gurbans singh, , national insurance co. v. navrom constkantza : air1988cal155 . (the aventicum), 1978 (1) ll r 184, (the temasek eagle), 1999 (4) slr 250, the judgment of new zealand court of appeal in vastock shipping v. confederation limited, 1999 nz c. ..... plaint is liable to be rejected. in support of his contentions. mr. bharucha relied upon the judgment of the apex court in t. arivandandam v. t.v. satyapal : [1978]1scr742 , shakthi sugars v. union of india, : air1981delhi212 , i.t.c. limited v. debts recovery appellate tribunal : air1998sc634 , bacha guzder v. cit : [1955]27itr1 .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)ALLMR993; 2002(2)BomCR484
..... is now necessary and whether the first respondent is in fact in a position, whether by itself or together with the third respondent, to implement the reservation by financing the cost of the acquisition of the land. the first respondent shall make this determination within a period of three months from today and will take necessary steps in ..... sections 22 to 31 shall apply in respect of such revision. section 42 mandates that on the coming into operation of any plan or plans referred to in the chapter, it shall be the duty of every planning authority to take such steps as may be necessary to carry out the provisions of such plan or plans.20. ..... in the present case for the dr. b.n. purandare college was included in the final development plan which was sanctioned in 1978 by the state government. thereafter, a minor modification under section 37 of the act was also duly sanctioned by the state government by which the reservation was altered to one for the college of the third respondent. .....
Tag this Judgment!Court : Mumbai
Reported in : (2004)89TTJ(Mumbai)24
..... of the paper book-i) which are extracted herein for immediate reference :'the definition of 'recipient' refers to a person receiving any remittance under chapter ii of the said immunities act. however, 'remittance' as defined in section 2(b) means remittance made in foreign exchange by any person resident outside india to a person ..... income tax officer & an.r. : [1981]131itr597(sc) .(4) object was to attract large inflow of foreign exchange to meet difficult balance of payments situation (finance minister's speech (pp. 90-91 of paper book 11 and objects and reasons for introducing this immunities scheme (pp. 76, 77, 80, 162 of paper book ..... which necessitates reopening of assessment. the other important contention urged by the learned authorised representative is that the assessee is entitled to immunity under the immunity act and it department having issued a circular assuring such immunity, it has no jurisdiction to probe into the matter, particularly in the reassessment proceedings.16. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(147)ELT490Tri(Mum.)bai
..... here we are concerned with notification 158/76 in which the conditions are stated as follows: "notification no.158/76 exempts raw napths following under chapter 27 of the first schedule to the customs tariff act 1975 when imported into india for manufacture of fertilisers and petro chemicals. provided that the importer furnishes an undertaking to the effect that:- (a) ..... concerned are prior to 2.9.1978. they are therefore, covered under the earlier notification of 1976. it is true that the tribunal by noting these submissions has observed in paragraph 35 of the ..... in notification dated 2.8.1976 was a clear error on the part of the central government which was corrected by them by the letter notification dated 2.9.1978 and, therefore, the letter notification read with above notification of 2.8.1976. it is not possible to agree as the disputed imports with which we are .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]258ITR119(Bom)
..... -laws of the society, so long as the society has not redeemed the share capital contributed by the government or has not fully repaid the loans from the industrial finance corporation or central finance agency on block capital account, the state government shall fix the rate of return on cane supplied by the members of the society ?(3) whether, on the facts .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2002)(143)ELT608Tri(Mum.)bai
..... . even the word thereafter contained in the said clause is only upto the time of clearance through customs. it is admitted in the show cause notice that finances were not arranged by usha intercontinental. therefore we are of the view that the argument of mili detergent and learned dr on this aspect cannot be accepted when ..... shah, partner of mili detergent, who is also a director, were recorded and they have imported lab, paper board from singapore under the provisions of paragraph 352 of chapter 19 of the hand book of procedures, 1990-93. in para 6 of the show cause notice it is specifically stated by yogesh shah that "imports and its ..... active participation and connivance by mili detergent and jayantilal bhogilal. we are therefore of the view that there is a violation of section 111(o) of the customs act. therefore their appeals are dismissed except that the reduction of penalty as indicated below:- 22. appeals of usha intercontinental are allowed. appeals of mili detergent and jayantilal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2002)83ITD511(Mum.)
..... respect and held that for asst. yr. 1990-91 the assessment as short-term capital gains is not correct and the income is required to be assessed as business income. finance act, 1983, inserted w.e.f. 1st april, 1984, sub-section (4a) to section 11 which reads as under : "(4a) sub-section (1) or sub-section (2) or sub-section ..... . income-tax is an annual levy of tax in respect of the total income of the previous year to be computed in accordance with the provisions of the act. chapter iv of the act, which deals with "computation of total income", does not draw any distinction as such between sale and lease and the classification thereunder is under the "heads of ..... for general public utility and other objects which could not be categorised as of general public utility, hon'ble supreme court in the case of dharmaposhanam co. v. cit (1978) 114 itr 463 (so held that whether a trust is for charitable purpose is to be determined by reference to all the objects, though the mere existence of some .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALLMR764; (2003)179CTR(Bom)348; [2002]257ITR649(Bom)
..... ]96itr390(sc) . the relevant observations of the apex court in the context of explanation i to section 132 of the income-tax act, at the end of page 396 of the said report are as under :'especially after the limitation act, 1963, the provisions of which are now applicable to all proceedings, a provision like explanation 1 to section 132 is superfluous .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]257ITR563(Bom)
..... ]172itr733(ker) ; jagmohandas gokaldas v. cwt : [1963]50itr578(bom) ; [1965] 56 itr 349; warner lambert co. v. cit : [1994]205itr395(bom) ; chiranjilal daga v. cit : [1978]113itr363(mad) ; cit v. sakseria cotton mills ltd., : [1980]124itr570(bom) and cit v. s. ratnam pillai [1991] 188 itr 494 (ker) and contended that where the appeal was withdrawn ..... of acquisition before the commissioner of income-tax (appeals), whether the assessee is entitled to file a revision petition under section 264 of the income-tax act raising the very same plea merely because the appeal has been dismissed by the commissioner of income-tax (appeals) even before admission for non-compliance with ..... , dismissed it being not maintainable.5. thereupon the assessee filed a revision petition before the commissioner of income-tax under section 264 of the income-tax act seeking substitution of the book value by the indexed cost of acquisition of the asset as per the letter dated january 11, 1999, which the assessing officer .....
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