Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Sorted by: old Court: mumbai Page 13 of about 1,733 results (0.115 seconds)

Bharmpal Panchal and Another Vs. Union of India and Others

Court : Mumbai

..... the said section continued in clause (c) of the 1st proviso to section 127b(1), till 06-08-2014. it was only when section 127b(1) was amended, by finance (no.2) act, 2014, that reference to section 28ab ?, in clause (c) of the 1st proviso to section 127b(1) was substituted with section 28aa ?. 32. in the present case, admittedly ..... (c) of the 1st proviso to section 127b(1). in fact, to bring it in line with the other provisions of the act, section 127b was also thereafter amended by finance (no.2) act, 2014. the notes on clauses of the finance (no.2) bill, 2014 inter alia mentions that clause 78 of the bill seeks to amend clause (c) of the 1st ..... make note of the relevant provisions of the customs act. 25. chapter xiv-a of the customs act, 1962 deals with settlement of cases. this chapter contains sections 127a to 127n and was inserted w.e.f. 01-08-1998 by section 102 of finance (no.2) act, 1998 (21 of 1998). the object for inserting this chapter was that the door to settlement with an .....

Amit Hemendra Jhaveri Vs. Union of India

Court : Mumbai

..... tribunal, and the appeals of the petitioner for the assessment years 1994-95 and 1995-96, were pending before the commissioner of income tax (appeals). 4. the finance act, 1998 introduced the kvss, 1998 with effect from 1 september, 1998 providing for settlement of tax disputes pending as on 1 september, 1998. under the kvss 1998, ..... prosecution for the enforcement of the civil liabilities. the petitioner admittedly at the time when he filed his declaration was being prosecuted for offences of cheating under chapter xvii of the indian penal code. so far as the petitioner is concerned, he does not fall within the class of the persons against whom proceedings have ..... the petitioner himself undisputedly falls within a section 95(iii) of the kvss 1998, in as much as a prosecution has been instituted against the petitioner under chapter xvii of the indian penal code prior to his filing a declaration under the kvss 1998. the rationale for excluding a person against whom prosecution has been launched .....

Maharashtra Rajya Prathamik Shikshak Sangh Vs. The State of Maharashtr ...

Court : Mumbai Aurangabad

..... their able assistance, we have perused the documents placed on record and, in particular, the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai. the introductory part of the said resolution reads thus: government has sanctioned rates of house rent allowance to ..... mantralaya, mumbai i.e. respondent no.2, can take away the protection granted by the government resolution dated 5th february, 1990, issued by the finance department, government of maharashtra, mantralaya, mumbai, in favour of the employees working in rural areas, wherein the condition prescribed in respect of employees in ..... steps. the provisions of section 248 of the maharashtra zilla parishads and panchayat samitis act, 1961 reads thus: 248. recruitment and conditions of service of persons serving the zilla parishad. subject to the provisions of this chapter, the state government may make rules regulating - (a) the recruitment (including reservation .....

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

..... is not relevant for our purpose. we are also not concerned with insertion of section 9a by the finance act 2015 with effect from 1st april, 2016. 19. by chapter iii, incomes which do not form part of total income are dealt with. in that appears section ..... was amended by the finance act, 1963, w.e.f. 1-4-1963, finance act, 1964, w.e.f. 1-4-1964, finance act, 1965, w.e.f. 1-4-1965, finance act, 1968, w.e.f. 1-4-1969, finance (no. 2) act, 1971, w.e.f. 1-4-1972, finance act, 1984, w.e.f ..... to foreign shipping company on which tax has not been deducted, in view of the provisions of section 172(8) introduced by the finance act, 1997 with retrospective effect from april 1, 1976? (d) whether the circular issued by the central board of direct taxes dated ..... (pvt.) ltd. reported in (1978) 3 scc 23. insofar as section 172 of the it act as it stood then, its ambit and scope, the hon'ble supreme court of india held as under:- ..... 3. section 172 occurs in chapter xv which is entitled liability in special .....

Director of Income-tax (Exemptions) Vs. Khar Gymkhana

Court : Mumbai

..... year and cancellation of registration would not be mandatory unless such cancellation becomes necessary on the ground(s) prescribed under the act. (5) with the introduction of chapter xii-eb in the act vide finance act, 2016, prescribing special provisions relating to tax on accreted income of certain trusts and institutions, cancellation of registration granted u/s ..... from commercial activities have exceeded rs.25 lakhs. learned counsel further submits that the aforesaid circular would have application only prospectively as it was issued consequent to finance act, 2016 which changed the cut-off from rs.25,00,000/- to 20% of the total receipts in respect of its commercial activities. it is ..... the nature of trade, commerce or business etc. for financial consideration. the 2nd proviso to said section, introduced w.e.f. 01-04-2009 vide finance act 2010, provides that in case where the activities of any trust or institution is of the nature of advancement of any other object of general public .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... maintenance is mentioned in both clauses. thus, rate of tax is otherwise the same for both clauses. determination of value and all other provisions of chapter v of the finance act, 1994 is identical to both these clauses. if specific exclusion has been granted to the activity of repair and maintenance of roads and airport from ..... was challenged before the cestat, mumbai. during the pendency of the appeal before the cestat, finance act, 2012 was enacted. by this enactment, sections 97 and 98 have been inserted in chapter v of the finance act, 1994. section 97 of the finance act, 1994 provided for retrospective exemption to activity of management, maintenance and repairs of road with effect ..... , provided to any person by any other person in relation to management, maintenance or repair of roads. section 65 is contained in chapter v of the finance act, 1994. section 65 contains several definitions and we are concerned with clause (105), which defines taxable service to mean any service provided .....

industrial Cables India Ltd. Vs. Union of India (Uoi) and ors.

Court : Mumbai

Reported in : 1991(79)LC324(Bombay)

..... duty was payable and the payment made by them under bona fide belief was under a mistake of law. the petitioners claimed that for the first time by the finance act, 1969, excise duty was levied on the goods of the nature imported by the petitioners between the years 1962 till 1965 and so obviously the recovery of the countervailing ..... and it is futile to suggest that public notice was published only at madras. mr. dalai also submitted that the countervailing duty was levied for the first time by finance act, 1969 and even assuming that the petitioners were not aware of the public notice, then in 1969 they should have realised that the payments made by them between the ..... court was subsequently followed by the supreme court in the case of m/s. d. cawasji and co. etc., etc. v. state of mysore and another reported in : 1978(2)elt154(sc) . the supreme court in this decision not only approved the dictum laid down in the earlier judgment but observed that it would be inexpedient and unjust for .....

Bombay Union Dyeing and Bleaching Mills Vs. Narayan Tukaram More and a ...

Court : Mumbai

Reported in : (1980)IILLJ424Bom; 1980MhLJ171

..... have been referred to the standing orders which are admittedly framed under s. 33 of the bombay industrial relations act. under s. 40 of the bombay industrial relations act. standing orders settled under the provisions of chapter vii, which deals with standing orders, are made determinative of the relationship of employer and employee in regard to ..... in order to decide the question which has arisen before us, namely, whether lalappa lingappa and other petitioners in special civil application no. 200 of 1978 who were admittedly badly employees had to satisfy the provisions of the first explanation and whether there is foundation whatsoever for the argument which is now advanced ..... challenged the order of the labour court and the industrial court in this petition. 4. the other petition, namely, special civil application no. 200 of 1978 is filed on behalf of 22 badly employees of respondent no. 1 laxmi vishnu textile mills ltd., sholapur, challenging the rejection of their claim for gratuity .....

income-tax Officer Vs. Vickers Sperry of India

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1983)3ITD739(Mum.)

..... iv containing sections 27 to 30 and onwards, we find that the assumption perhaps did not survive. it is significant that sub-section (4) of section 20 of the uk finance act, 1944, reads as under: (4) where a deduction is allowed for any year under this or the last preceding section in respect of expenditure represented wholly or partly by ..... as they continued to be used for scientific research.for this purpose, shri joshi strongly relied on a special bench decision of the itat, madras bench 'a' dated 26-4-1978 in the case of ito v. h.s. sheo shankar [it appeal no. 1828 (mad.) of 1976-77] where all earlier division bench decisions of the itat are ..... of expenditure represented wholly or partly by any assets there shall not be made or allowed- (a) any written down allowance under chapter i of part 1 of this act, or (b) except under this part of this act, any allowance or deduction in respect of wear and tear, obsolescence or depreciation of those assets. for any chargeable period during any .....

Commissioner of Income-tax, Bombay City-iv Vs. Excel Industries Ltd.

Court : Mumbai

Reported in : (1980)14CTR(Bom)44; [1980]122ITR995(Bom); [1979]4TAXMAN89(Bom)

..... had previously been closed to the company. its true purpose was to facilitate trading by enabling the company to engage a more competent manager and to borrow money required to finance the company's traditional trading operations under modern conditions.' 8. certain observations from lord wilberforce's speech may also be quoted. lord wilberaforce has observed at page 74 as follow ..... sponsored by the state government and claimed a sum of rs. 39,696 being the purchase price as a deduction under s. 10(2)(xv) of the indian i.t. act, 1922, as being in the nature of welfare expenses. it was held by the madras high court that the expenditure was incurred wholly and exclusively for the purpose of the ..... kania, j.1. this is an application under s. 256(2) of the i.t. act, 1961, for directing the tribunal to state a case and to refer to this court for determination the following question : 'whether, on the facts and in the circumstances of the .....