Court : Mumbai Nagpur
..... here that the incidence of taxation is on the purchase of sugarcane, as in the finance act. this section nowhere says that the levy of purchase tax therein is in addition to the levy under the finance act. therefore, it is seen that this act specifically provides for levy of purchase tax on sugarcane and it is not applicable to ..... and a further endeavour will have to be made to find out whether section 49 of the sugarcane act excludes the applicability of the levy under section 4 of the finance act. on a perusal of the provisions of the above acts including the objects of the two acts, it could be seen that the two enactments in question contemplate levy of ..... bihar), (2007) 11 scc 756-(ghaziabad zila sahkari bank ltd. v. addl. labour commr). and 1984 mh.l.j. 598 (kranti-smrati adhyapak vidyalaya, satara vs. ashok bandopant lomate and others), are relied upon to state that meps act, 1977 is special legislation while ss code is general one and therefore general provision must yield to special .....
Tag this Judgment!Court : Mumbai Nagpur
..... dated 20/02/1997 reads as "notification in the exercise of the powers conferred by subsection (i) of section 41 of the bombay sales tax act 1959 (bom li of 1959), the government of maharashtra hereby further amends govt. notification, finance department no.sta/1095/37/taxation - 2 dated the 22nd sept. 1995, as follows, namely :- in ..... 20/02/1997. the assistant commissioner of sales tax passed three separate assessment orders on 25/07/2002 levying sales tax, interest and penalty under section 36(2a) of the act of 1959 to the tune of approximately rupees ten crores. according to the assistant commissioner of sales tax, the petitioner was not entitled to ..... that the petitioner had produced false labels with such statement and had misled the authorities. three separate appeals were preferred by the petitioner under section 55 of the bombay sales tax act before the deputy commissioner of sales tax. the first appellate authority, by a common order dated 29/04/2003, partly allowed the appeals .....
Tag this Judgment!Court : Mumbai Nagpur
..... the concept of failure to pay can be equated with non- payment. non-payment is nothing but failure to pay when due. as per the provisions of the finance act, 1979 amount of ftt collected becomes due within fifteen days from the date of collection thereof. failure to pay within this prescribed time frame would mean non-payment or ..... tax is committed, then it is immaterial when the defaulter in future is making the payment. had there been no minimum penalty prescribed under sub-section (3) of section 38 of the act, it would have been open for the adjudicating authority to consider the conduct of the defaulter and the extent of delay taking into account the ..... for realisation of money, the tribunal and the appellate tribunals are required to deal with the applications in an expeditious manner. it is precisely for this reason that section 22(1) stipulates that the tribunal and the appellate tribunal shall not be bound by the procedure laid down by the code of civil procedure. therefore even .....
Tag this Judgment!Court : Mumbai Nagpur
..... have taken. 12. it is thus clear from the above referred discussion of the principles of law governing the discretionary powers of court under section 5 of limitation act, 1963 that though a technical approach in the matter of condonation of delay is better avoided, these discretionary powers should not be so ..... the said case of lanka (supra) and appearing in paragraph 29, which are reproduced thus : ........whilst considering applications for condonation of delay under section 5 of the limitation act, the courts do not enjoy unlimited and unbridled discretionary powers. all discretionary powers, especially judicial powers, have to be exercised within reasonable bounds, known ..... by the learned counsel for the respondents. the hon'ble apex court has laid down that while considering application for condonation of delay under section 5 of the limitation act, 1963 the courts do not enjoy unlimited and unbridled discretionary powers. it has further held that the discretion has to be exercised in .....
Tag this Judgment!Court : Mumbai Nagpur
..... in the case of jamnaprasadkanhaiyalal vs. commissioner of income tax, m.p., bhopal, reported at (1981) 3 scc 441, the hon'ble apex court has held that voluntary declaration under section 24 of the finance act, 1965, relates to income earned by the declarant only. it is held that when such declaration is made by partners individually, immunity conferred by ..... section 24 is available to the declarant partners and not to crediting firm or any other person. in this judgment, in para 21, the hon'ble apex court has considered ..... family out of the income of that family. if the said huf has escaped assessment for any year, the ito, subject to the conditions laid down in section 34(1) of 1922 act, can issue a notice calling upon it to submit a return of its income for that year and proceed to assess huf in terms thereof. it is further .....
Tag this Judgment!Court : Mumbai Nagpur
..... read together and harmoniously, that position of the chancellor can be appreciated and judged. he is patriarch and oversee the administration and finances of the university. his powers are very wide as is apparent from section 15(5) of the said act. in these circumstances, the impugned order cannot be quashed and set aside for lack of authority, jurisdiction and power in the ..... (1) and urged that if an inquiry can be made regarding any matters connected with the administration and finances of the university, then, the legislature has not restricted the rights of the chancellor. if section 15 of the said act is perused in its proper perspective, it would be clear that the chancellor, by virtue of his office, shall be the head of .....
Tag this Judgment!Court : Mumbai Nagpur
..... read together and harmoniously, that position of the chancellor can be appreciated and judged. he is patriarch and oversee the administration and finances of the university. his powers are very wide as is apparent from section 15(5) of the said act. in these circumstances, the impugned order cannot be quashed and set aside for lack of authority, jurisdiction and power in the ..... (1) and urged that if an inquiry can be made regarding any matters connected with the administration and finances of the university, then, the legislature has not restricted the rights of the chancellor. if section 15 of the said act is perused in its proper perspective, it would be clear that the chancellor, by virtue of his office, shall be the head of .....
Tag this Judgment!Court : Mumbai Nagpur
..... and confirmed in favour of respondent no.3 is un-sustainable, as it violates provisions of rule 68-b of the second schedule to income tax act. the said provision has been inserted by the finance act 1992 w.e.f. 01.06.1992 and time limit of 3 years stipulated therein has been extended to 4 years on 01.03.1996. ..... time. in 2014 (2) mh. l.j. 436 (t.p. vishnu kumar vs. canara bank and others), the hon'ble apex court has considered the provisions of drt act, particularly section 17 and availability of remedy under article 226. it has been held that article 226 of the constitution of india cannot be resorted to unless there is violation of any ..... there the provisions of rule 8 and 9 of the security interest (enforcement) rules, 2002, are looked into and as present auction is under second schedule and drt act, provisions of sections 25 to 28 which prescribe various modes of recovery are sufficient to distinguish the law as laid down therein. he concludes by pointing out that respondent no. 3 is .....
Tag this Judgment!Court : Mumbai Nagpur
..... relevant for consideration at this stage. 5. perusal of provisions of section 50c of the income tax act, 1961 shows that it is a special provision for full valuation consideration in certain cases inserted by finance act of 2000 w.e.f. 01.04.2003. its sub-section shows that where consideration received is less then the value adopted or ..... assessed is, deemed to be the full value of consideration received for the purpose of section 48. section 48 is about computation of income chargeable under ..... binding on revenue authorities, it is not binding on the tribunal and for said purpose it relied upon the division bench judgment of allahabad high court reported at 146 (1984) ita 191 (all) (commissioner of income tax .vrs. smt. prem kumari). in paragraph no.9, it has looked into the alternate plea of the assessee .....
Tag this Judgment!Court : Mumbai Nagpur
..... efforts made by the petitioners on 02.09.1997 may rule out any intention to violate the provisions of either section 30, section 33, section 34, section 36 or section 55 of the customs act on is part. section 55 of the customs act is about entry of transhipped goods on arrival at customs airport. such entry is presumed to be first entry ..... industrialists. that communication, therefore, cannot be used to the prejudice of the petitioners in present matter. he further contends that important provisions like section 7(a), section 8(a) and section 111 of the act need to be interpreted by this court in present matter and hence writ petition has been rightly entertained. 9. we have noted that the ..... not have been entertained. an order dated 10.09.2012 in writ petition no.5410 of 2011 (m/s. gmmco limited vs. union of india thr. ministry of finance, new delhi and ors.) is also pressed into service. lastly, it is urged that if this court finds that cognizance could have been taken directly, the scope .....
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