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Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Sorted by: old Court: mumbai Page 9 of about 1,733 results (0.082 seconds)

Jan 04 2007 (TRI)

Commissioner of Central Excise Vs. H.K. Rolling Mills Engg. P. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2007)(116)ECC573

..... is whether the respondent is liable to pay service tax on licence fees recovered under the services of ''consulting engineering" under the provisions of finance act, 1994. the ld. dr submitted that section 65(18) of chapter v of the finance act, 1994 has defined "consulting engineer" as under: "consulting engineer" means any professionally qualified engineer or an engineering firm who, either directly or indirectly .....

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Mar 14 2007 (TRI)

Deputy Commissioner of Income Tax Vs. Syncome Formulations (i) Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106ITD193(Mum.)

..... book profit is considered for the computation of section 80hhc.48. the concept of "minimum alternate tax" was introduced by the finance act, 1987 w.e.f. 1st april, 1988, through section 115j under chapter xii-b of the it act, 1961. this provision remained in the statute book for the period from the asst. yrs. 1988-89 to 1990-91.section ..... 115j as originally introduced by the finance act, 1987 did not provide any exemption to export profits under section 80hhc. at the same ..... in similar terms in the relevant circulars and notes on clauses and the memorandum explaining the objects of amending the provisions. in the case of section 115jb, the finance act has made it very clear that the deduction under section 80hhc would be available in its entirety to an assessee even if the relief under section 80hhc is .....

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May 28 2007 (TRI)

Dy. Cit, Range-3(3) Vs. Stnita Conductors Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the clauses ofsection 14a), of section 14a. the scope and effect of the insertion of section 14a, with retrospective effect from 1-4-1962, in the income tax act by the finance act, 2001 have been explained in para 25 of circular no. 14 of 2001 issued by the central board of direct taxes, which reads as under: 25. no ..... the exempt income and, if so, whether the mechanism for computing allocation of such expenditure as provided in sub-section (2)/(3) of section 14a (inserted by the finance act, 2006) would apply to all pending matters or would apply to matters arising with effect from assessment year 2006-07. 7. section 14a has been inserted in the income ..... and again by section 7 of the finance act, 2006. section 14a as so amended reads now as under: 14a. expenditure incurred in relation to income not includible in total income.-(1) for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to .....

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Aug 07 2007 (HC)

Raj Nair Vs. S.K. Laul and ors.

Court : Mumbai

Reported in : (2008)217CTR(Bom)409; [2008]299ITR389(Bom)

..... that such property shall on the date of such order vest in the central government. earlier the section contained the following words 'free from all encumbrances' by the finance act, 1993, with retrospective effect from november 17, 1992, the same was substituted by 'in terms of the agreement for transfer' referred in sub-section (1) of ..... an amount equal to the amount of the apparent consideration. the only discount that can be made from the amount of apparent consideration is as provided in the chapter itself. this issue had come up for consideration before a learned division bench of the gujarat high court in pradip ramanlal sheth v. union of india : [ ..... shrichand raheja : [1995]213itr33(bom) and observed as under (page 185):we are unable to agree. the high court appears to have overlooked the purpose of chapter xx-c and the definition of 'apparent consideration' thereunder. the purpose is to determine whether immovable property has been sought to be transferred at an undervaluation. to .....

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Oct 24 2007 (HC)

Hiten Rashmikant Mehta and Swati Hiten Mehta Vs. Union of India (Uoi) ...

Court : Mumbai

Reported in : (2007)109BOMLR2567; (2008)214CTR(Bom)303; [2009]311ITR212(Bom)

..... made after 30th september, 1986. simultaneously, by the said finance act, 1986, chapter xx-c was inserted in to the act w.e.f. 1st october, 1986 empowering the central government to purchase immovable properties in certain cases of transfer.7. on 14th october, ..... of the above transaction with the competent authority as contemplated under section 269ab(2) contained in chapter xx-a of the act.6. before the competent authority could consider the statement in form 37ee filed by the petitioners, the act was amended by finance act, 1986 w.e.f. 1st october, 1986. by the said amendment, section 269rr was ..... inserted in the act to the effect that chapter xx-a shall not apply to or in relation to the transfer of immovable property .....

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Nov 26 2007 (HC)

Harinarayan G. Bajaj Vs. Union of India (Uoi), Through Secretary, Mini ...

Court : Mumbai

Reported in : 2008(1)ALLMR604; 2008(2)BomCR780; [2009]147CompCas579(Bom); [2008]82SCL79(Bom)

..... he referred to statutory interpretation- a code by f.a.r. bennion, 3rd edn., p. 229, wherein it was stated: 'paragraph (ii).this derives from the interpretation act, 1978, section 16(1)(b). the reference to 'anything duly done'avoids the need for procedural mattes, such as the giving of notices, to be done over again. example ..... acquired or agreed to acquire any shares in such company, i.e., an indian target company (sesa goa ltd.) and consequently, the provisions of the takeover chapter, i.e., chapter iii, were not triggered. the only shares that have been acquired are the shares of finco (not an indian target company) by early guard (also not ..... ge capital (mauritius) investment ltd. (incorporated under the laws of mauritius), which had agreed to acquire voting equity share capital of an indian registered company, viz., srf finance ltd., and, therefore, the impugned order was passed by s.e.b.i. rejecting the petitioner'scomplaint, though the fact remains that no shares of sesa goa have .....

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Feb 29 2008 (TRI)

Victor Gaskets India Ltd., Bosch Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2008)10STR369

..... the period from september, 2005 to february, 2006. the appellants herein are engaged in the manufacture of excisable goods falling under chapter 84 of central excise tariff act, 1985.7. the issue involved in the instant appeals is whether the appellants are entitled to the input service credit of the ..... or sales promotion, market research, storage up to the place of removal, procurement of inputs, activities relating to business, such as accounting, auditing, financing, recruitment and quality control, coaching and training, computer networking, credit rating, share registry, and security, inward transportation of inputs or capital goods and outward ..... in: 11. the illustrative list of activities relating to business in the inclusive definition of "input service" as reproduced above, consists of accounting, auditing, financing, recruitment and quality control, coaching and training, computer, networking, credit rating, share registry, security.the credit of service tax paid on activities like .....

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Jun 09 2008 (HC)

Ross Murarka (India) P. Ltd. Vs. Appropriate Authority, S.K. Laul, Mem ...

Court : Mumbai

Reported in : [2009]315ITR41(Bom)

..... on april 17, 1985. the owner on april 24, 1985, made an application under chapter xx-a of the act in form no. 37ee for transfer of the flat in favour of respondent no. 3. the appropriate authority did not choose to take any steps under the said ..... either the petitioners would buy the said flat or it would be bought by one of its associate companies.5. ultimately, one of the petitioner's associate companies ross murarka finance ltd., respondent no. 3 (whose name is deleted from the array of respondent no. 3 today) paid the balance amount of rs. 40,00,000 to the owner ..... a.v. nirgude, j.1. this writ petition challenges the order dated february 26, 1993, passed by the appropriate authority under section 269ud(1) of the income-tax act, 1961 ('the act' for short).2. before the arguments could begin, learned counsel for the petitioners mr. pardiwalla stated that the petitioners would not proceed against respondent no. 3 and accepting this .....

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Dec 03 2008 (HC)

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... petitioner as a consequence thereof.114. further, the argument that the challenge to the constitutional validity of the amendments made to sections 191 and 201 of the act by the finance act, 2008 is not maintainable in the absence of any facts which are pleaded and proved by evidence in the form of documents on record, is unsustainable. ..... respect, is seeking to put a fallacious interpretation to the words employed in section 201 viz. 'any such person referred to in section 200'. the legislative history of chapter xvii would put at rest the speculative argument of the petitioner.xvi) prior to the amendment made to the provision in 2002, the language rad 'if any such ..... by express legislation. in this behalf, the learned senior counsel for the petitioner placed his reliance on the decision in the case of cit v. national insurance co. ltd. : [1978]113itr37(cal) and lakshmi insurance co. ltd. v. c.i.t. : [1971]80itr575(delhi) and cit v. new india assurance co.ltd. : [1980]122itr633(bom) . .....

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Dec 11 2008 (HC)

Indian National Shipowners Association Vs. Union of India (Uoi)

Court : Mumbai

Reported in : (2009)222CTR(Bom)234; [2009]16STJ175; 2009[13]STR235

..... section 66a came into force.5. the learned counsel appearing for the petitioners submitted that though the service tax was introduced for the first time in the chapter v of the finance act, 1994 in the year 1997 the definition of the term 'taxable service' was substantially amended. according to the petitioners, the indian shipping industry is ..... jammu and kashmir. the expression 'india' includes the territorial waters of india. indian territorial extend up to twelve nautical miles from the indian land mass. chapter v of the finance act which governs the levy of service tax has not extended to the levy to designated areas in the continental shelf and the exclusive economic zone of india ..... which authorises levy of service tax in relation to the services rendered outside india.13. service tax was introduced for the first time under chapter v of finance act, 1994. section 66 of the act was the charging section and provided for a levy of service tax at the rate of 5% of the value of the taxable .....

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