Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1988)26ITD397(Mum.)
..... 1-4-1968. the present chapter vi-a was substituted by the same finance (no. 2) act, 1967. the main scheme of this chapter was that it provided for straight deductions in respect of certain types of income or items of expenditure as specified in section 80c to section 80vv. thus, the scheme of tax rebates which existed till 1968 was replaced ..... reliance was placed on the decision of the supreme court in cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84. the tribunal refused to go into this issue in the appeal against the order under section 154. one more point was raised before the tribunal which was that the carry forward of loss has to be decided ..... however, a claim for relief under section 80k was made by the assessee in its letter dated 28-7-1978 at item 6 of the various reliefs claimed.in the course of arguments, the assessee's representative tended to expand the scope of the claim for relief not only to section 80k but also to section 80m, although initially his claim .....
Tag this Judgment!Court : Mumbai
Reported in : (2009)221CTR(Bom)778
..... until the expiry of the period aforesaid, no notice has been issued to him under clause (i)...4. by finance act, 2002 w.e.f. 1st april, 2003, the words 'who has ..... not previously been assessed under this act' were omitted.5. we are concerned with the asst. yr. 1997-98. in other words, what we have to see is ..... reads as under:where any person who has not previously been assessed under this act, fails, without reasonable cause, to furnish within the period specified in sub-section (1) of section 153 a return of his income which he is required to furnish under section 139 in respect of any assessment year commencing on or after the 1st day of april, 1989, and .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(97)ELT406(Bom); 2006[2]STR234; [2007]6STT252
..... to the imposition of service tax on courier agencies. the petitioners have challenged the legislative competence of the parliament in respect of some of the provisions of the finance act, 1994 as amended by finance (2) act of 1996. it is not necessary at this stage to go into the details of the controversy. an affidavit-in-reply filed by shri vasudev, deputy commissioner .....
Tag this Judgment!Court : Mumbai
Reported in : [2000]241ITR241(Bom)
..... parties. the controversy in this case now stands concluded by the amendment of the income-tax act, 1961, by the finance act, 1994, by insertion of section 5a with retrospective effect from april 1, 1963. section 5a provides that income from all sources, except from salary should be apportioned equally between the ..... of the wife. salary and income will however continue to be assessed in the hands of the spouse, who has actually earned it. section 5a reads thus :'5a. apportionment of income between spouses governed by portuguese civil code.--(1) where the husband and wife are governed by the ..... , the matter is remitted to the tribunal to decide afresh in accordance with the provisions contained in section 5a of the income-tax act, 1961.3. the reference is disposed of accordingly with no order as to costs, ..... ranjana desai, j.1. by this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion, .....
Tag this Judgment!Court : Mumbai
Reported in : 1985(20)ELT35(Bom)
..... pharmaceuticals corporation of india ltd. from the whole of the customs duty and the auxiliary duty of customs leviable under sub-section (1) of section 31 of the finance act.2. the petitioner no. 1 is a private limited company, and is a registered exports house carrying on business of ..... importing and exporting various commodities, including soda. the petitioners claim that the exemption granted to state chemicals and pharmaceuticals corporation of india ltd. is in violation of provisions of section 25 of the customs act. section 25 of the customs act ..... an exemption notification dated september 20, 1979 issued by the government of india, ministry of finance, department to revenue, in exercise of powers conferred by sub-section (2) of section 25 of the customs act. the order recites that in the light of shortage of caustic soda within the country, .....
Tag this Judgment!Court : Mumbai
Reported in : 2001(3)ALLMR732; (2001)3BOMLR706
..... certain cheques which were issued by the first, the second and the third defendants are stated to have been dishonored upon presentation and criminal complaints under section 138 of the negotiable instruments act, 1881 are pending.4. in para10 of the plaint, it has been stated that on 2nd april. 1998, the plaintiffs have received a sum ..... that this has not been reduced into writing between the plaintiffs and the defendants. insofar as the understanding between the parties that the plaintiff will continue to finance the films until they were completed, it is again stated in the written note of the submissions that the copies of the agreements are not available with the ..... that he was an employee director of the first defendant and was helping them in the course of their business activities and was acting under their instructions. he, however, states that he has no finance dealings with the plaintiffs. insofar as exh. d to the plaint is concerned, which is a letter allegedly written by the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (1984)(18)ELT358Tri(Mum.)bai
..... would come into play. apart from the authorities cited and the reasoning given by shri hegde, i would like to refer to the fact that section 23(1) of the act was amended by clause 48 of the finance bill, 1983, which reads as follows :- (a) for the words "where it is shown", the words and figures "without prejudice to the provisions of ..... ." 21. it is thus clear that only with the amendment effected by the finance bill, 1983, section 23(1) of the act excluded from its purview goods pilfered before their clearance for home consumption, the implication being that in respect of pilferage of imported goods section 13 alone and not section 23 is applicable. it would be reasonable to infer that prior to the amendment .....
Tag this Judgment!Court : Mumbai
Reported in : [2002]254ITR204(Bom)
..... , the assessing officer was right in adding back the aforestated amount of rs. 1.18 crores. he contended that rule 5 was amended by the finance (no. 2) act, 1998, with effect from april 1,1989. he contended that the judgments relied upon by the assessee have no application as they pertain to the period ..... by including the apportioned cost of salary, allowances and investment expenses for earning dividend income. accordingly, the total expenses pertaining to dividend income for section 80m of the income-tax act, 1961 ('the act') were computed at rs. 13.56 lakhs (approximately). similarly, the assessing officer rejected the claim of the assessee under the head 'reserve ..... accounts of the assessee for the previous year :'rule 5(a) and (c) of the first schedule under sub-heading b.'the first scheduleinsurance business[see section 44] b. other insurance business5. computation of profits and gains of other insurance business.--the profits and gains of any business of insurance other than life .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1969Bom119; (1968)70BOMLR481; ILR1969Bom38
..... other conditions imposed by the state government have also been complied with. he has also given an undertaking as required under clause (a) of sub-section (3a) of section 13 of the act that the building sought to be erected shall contain not less than two times the number of residential tenements and not less than two times the floor ..... or no owner can have an integrated plan for one building on two or more of his premises. the second limitation is about his capacity to have the necessary finance. the third limitation is as to whether his plan conforms to the requirements of the rules and regulations of the local authority. but these restrictions have nothing to ..... as his requirements are proved to be reasonable and bon fide and as long as he is shown to possess the necessary finances and has got his plans approved from the local authority, the bombay rent act itself does not proceed to impose any further restrictions. question then is, can any owner or landlord be prevented from having .....
Tag this Judgment!Court : Mumbai
Reported in : 1981(8)ELT906(Bom)
..... such form and containing such particulars as may be prescribed. rule 174 is framed to regulate secs. 6 and 7 of the said act. sec. 7 specifically provides that any licence issued under sec. 6 shall be granted for such area as specified in the licence. the word 'manufacturer' used in the rule 174 has to be ..... of each of several factories even in cases where all the factories are owned by a single manufacturer. the notification is in these terms :-government of india ministry of finance (department of revenue & insurance)new delhi, the 17th march, 1972 ---------------- 27th phalguna, 1893 sakanotificationcentral excisesgsr. in exercise of the powers conferred by sub-rule (1) ..... 6-76, was amended by another notification no. 20/77, dated 8th february, 1977, amending the earlier one, the petitioner filed civil application no. 501 of 1978 in the high court of delhi and obtained the benefit of the aforesaid notification. during the year 1976-77 there was power cut in the madras factory and therefore .....
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