Court : Mumbai Nagpur
..... the learned counsel further submits that in any case in view of the subsequent settlement, which has been reduced in writing vide minutes of meeting dated 16th august, 2009, the earlier mou stands substituted and now in fact there is no clause to refer the dispute to the arbitration and as such the dispute could not have been referred to arbitration. ..... observations of this court in the aforesaid decision and going by the ratio of the above mentioned case, the facts of the present case does not warrant the matter to be tried and decided by the arbitrator, rather for the furtherance of justice, it should be tried in a court of law which would be more competent and have the means to decide such a complicated matter involving various questions and issues raised in the present dispute. ..... in the said suit, an application below exh.30 came to be filed on behalf of the defendant no.1 under section 8 of the said act for directing the parties to refer the dispute to the arbitration in view of clause 11 of the said mou. ..... in the present dispute faced by us, the appellant had made serious allegations against the respondents alleging him to commit malpractices in the account books and manipulate the finances of the partnership firm, which, in our opinion, cannot be properly dealt with by the arbitrator. ..... union of india and others reported in 1995 air scw 275, in case of booz allen and hamilton inc. v/s. ..... new horizons limited and another v/s. .....
Tag this Judgment!Court : Mumbai Nagpur
..... keeping in mind this basic principle, we will have to examine the provisions of the two acts to find out whether it is possible to construe harmoniously the provisions of section 4 of the finance act and section 49 of the sugarcane act. ..... to be made to ascertain whether the legislature had intended to accord the levy on sugarcane a special treatment vis-a-vis the levy of purchase tax on other items, 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. ..... this section nowhere says that the levy of purchase tax therein is in addition to the levy under the finance act. ..... in this background, there can be no doubt that the legislature intended to enact a special enactment for the purpose of levy of purchase tax with reference to sugarcane under the sugarcane act to the exclusion of such levy under the finance act. ..... scheme of section 4 read with section 16 [2] [b] regulating pay scale is also pressed into service to urge that government resolution cannot substitute "rules" in this respect. ..... rule 3.1 of ss code requires the management permitted to open new school to apply in duplicate for recognition of the school to the deputy director through education officer in form given in appendix two. ..... he also draws anology from the illustration of certified standing orders to plead that the same lack statutory character and cites (1995) 5 scc 75-(rajasthan srtc v. .....
Tag this Judgment!Court : Mumbai Nagpur
..... it is stated that since the ad valorem scheme of excise duty was made effective from 15/01/1997, a notification was issued on 20/02/1997 under section 41 of the bombay sales tax act exempting country liquor from payment of sales tax with effect from 15/01/1997 ..... . 1995, as follows, namely :- in the schedule to the said notification, in group a, for the entries of serial numbers 15 and 16, the following shall, with effect from 15th jan 1997 be substituted, namely :-15 sales or purchases by a registered dealer of country liquor covered by entry 20 in part ii of schedule cwhole of ..... the bottle or as the case may be the package containing the said liquor bears a label displaying inter alia the statement for sale in maharashtra state only government notification finance department no.sta/1097/i/taxation-2 dated 20th february 1997.16 ------------------------------------------------------------------------------------ 10 ..... . it is apparent from a reading of the budget speech and the note of the finance ministry that the element of sales tax was taken care of while restructuring the excise ..... . a copy of the note of finance ministry dated 05/09/1997 reads that it is obligatory to abolish sales tax with effect from 08/01/1997 as the new scheme of excise duty is to be made effective from that date. ..... the learned senior counsel referred to the affidavit in reply filed by the deputy commissioner of sales tax, the budget speech and the note of finance ministry that sales tax was not liable to be imposed w.e.f .....
Tag this Judgment!Court : Mumbai Nagpur
..... and intentional omission by the legislature to exclude application of section 5 of the limitation act to the proceedings under section 8 of the act, looking to the scheme of the act, nature of right of pre-emption and express application of section 5 of the limitation act to the other provisions under the act, itself means and amounts to "express exclusion" of it satisfying the requirement of section 29(2) of the limitation act" after making reference to various rulings it was concluded in para 19 that section 5 of the limitation act cannot be pressed into service in aid of a belated ..... the learned advocate for the petitioners therefore making reference to section 19, 20 and 30 of the rddbfi act submitted that the provision of section 5 of the limitation act is excluded by the said act to the appeal filed under section 30 of the rddbfi act in terms of section 29 (2) of the limitation act, 1963.the contradictory definition of the "application" appearing in rule (under the rules framed under the rddbfi act) can not override the definition of the term "application" in section 2(b) of the rddbfi act. ..... the tribunal which is created under the act in substitution of a civil court has necessary powers to pass interim and final orders without being bound by hurdles of procedural ramifications, but guided by the principles of natural justice. ..... as per the provisions of the finance act, 1979 amount of ftt collected becomes due within fifteen days from the date of collection thereof. .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 exercised as to help a party which is negligent and does ..... 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 ..... to refer to further observations of the honble supreme court made in 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. ..... down by the honble apex court in the said case of lanka venkateswarlu (dead) by lrs, i find that discretion available to the court under section 5 of the limitation act, 1963 could not have been worked for the benefit of the appellants. ..... sitting idle and have not shown any bona fides on their part and, therefore, the benefit of the discretionary relief under section 5 of the limitation act, 1963 cannot be given to them. 9. ..... show that if there is any negligent conduct or deliberate delay, no sufficient cause can be said to be made out justifying exercise of discretion under section 5 of the limitation act in favour of such a party. .....
Tag this Judgment!Court : Mumbai Nagpur
..... (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. ..... 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 ..... finding ultimately reached is, manganese ore was exported at a rate higher than rates accounted for in the books and unauthorized foreign exchange earned outside india was sold at unauthorized rates and ..... ble apex court was, as the orders of assessment on the individual members of the family had become final, permitting ito to assess the huf for the same assessment year, would be imposing tax on same income twice. ..... as said amount is already taxed and export firm is made answerable for that tax or sum, taxing private limited company is double taxation. ..... once, it is not open to ito to assess same income for the assessment year in the hands of the other person i.e. ..... have heard shri de, learned counsel for the applicant official liquidator as assessee company is under winding up orders and shri parchure, learned counsel for the respondent income tax department. ..... explains that to constitute double taxation, objectionable or prohibited, the two or more taxes must be (1) imposed on the same property, (2) by same state or government; (3) during the same taxing period; and (4) for the same purpose. .....
Tag this Judgment!Court : Mumbai Nagpur
..... enquiry report dated 14.12.2010 as well as submission of their representations to the respondent no.2/ his excellency the chancellor, the petitioners had already crossed the maximum prescribed age for being employed in government departments and therefore, they had pointed out the respondents that they will be thrown on the street if their services are cancelled and their family members, who are ..... so that the chancellor, who is controlling and monitoring authority, can, by causing an inspection and inquiry of the matters enumerated and connected with the administration or finances of the university, suggest and take all corrective and remedial measures and steps, if they are needed to improve the working and functioning and to curb any illegal ..... the gravity and seriousness of the matter, the chancellor has directed you to take immediate action in the matter on the following points and send him the compliance report thereon for his information within a period of one month:- (1) to set aside the entire process of selection of candidates and the appointments made which is vitiated and initiate to cancel ..... of the facts in its limited jurisdiction as it has no power to substitute its own views in place of the chancellor or sit in judgment as ..... section is read together with earlier provisions and with subsequent provisions of the act and harmoniously, it would indicate that the inquiry can be caused in like manner, but that is regarding any matter connected with administration or finances .....
Tag this Judgment!Court : Mumbai Nagpur
..... in general opined: "from the above discussion and examination of the aforesaid illustrative cases and looking into the record including the statements of the alleged touts as made in court under section 164 of the code of criminal procedure, there is no manner of doubt that it is not in a few cases only that corrupt means were adopted to secure the selection of ..... report dated 14.12.2010 as well as submission of their representations to the respondent no.2/ his excellency the chancellor, the petitioners had already crossed the maximum prescribed age for being employed in government departments and therefore, they had pointed out the respondents that they will be thrown on the street if their services are cancelled and their family members, who ..... the gravity and seriousness of the matter, the chancellor has directed you to take immediate action in the matter on the following points and send him the compliance report thereon for his information within a period of one month:- (1) to set aside the entire process of selection of candidates and the appointments made which is vitiated and initiate to cancel ..... of the facts in its limited jurisdiction as it has no power to substitute its own views in place of the chancellor or sit in judgment as ..... section is read together with earlier provisions and with subsequent provisions of the act and harmoniously, it would indicate that the inquiry can be caused in like manner, but that is regarding any matter connected with administration or finances .....
Tag this Judgment!Court : Mumbai Nagpur
..... can be challenged in appeal under section 30 of the act which has been substituted with effect from 17th january, 2000 ..... date of the sale, apply to the tax recovery officer to set aside the sale, on his depositing (a) the amount specified in the proclamation of sale as that for the recovery of which the sale was ordered with interest thereon at the rate of 1 (one and one-fourth per cent for every month or part of a month], calculated from the date of the proclamation of sale to the date when the deposit is made; and ..... into service by him to show that 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. ..... the prayer is, as bank and recovery officer failed to comply with the mandatory provisions of rules 48, 49, 50 and 52 of second schedule appended with the income tax act, 1961, and did not adopt fair and proper procedure, the sale of subject property by auction, be quashed and set aside and property should be restored back ..... almelkar, learned counsel appearing on behalf of the central bank of india submits that section 30(1) of debts recovery tribunal act gives remedy of appeal to the petitioners and petitioners, therefore, must first avail that ..... has been inserted by the finance act 1992 w.e.f. ..... tribunal, new delhi and ..... reported at 1995 (1) civil .....
Tag this Judgment!Court : Mumbai Nagpur
..... 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 ..... sub-section [2] of section 50c itself lays down that where any reference is made by the assessing officer to valuation officer, provisions of sub-sections [2], [3], [4], [5] and [6] of section 16a; clause [i] of sub-section [1] and sub-sections [6] and [7] of section 23a; sub-section [5] of section 23; section 34aa, section 35 and section 37 of the wealth tax act, 1957 apply with necessary modifications ..... that these provisions mandate that after the assessing officer receives report of valuation officer under section 50c, he has to act in conformity with the valuation of the capital asset worked out therein. 10. ..... and seizure operations were carried on 27.09.2005 and a notice under section 154a of the income tax act, 1961 dated 05.12.2006 was served upon the said respondent assessee ..... cit (appeal), is questioned in further appeal before the itat, the itat has to keep in mind the provisions of section 24(5) of wealth tax act, 1957 and has to extend an opportunity of hearing to the valuation officer. ..... valuation officer determining the market value of the asset on the date of transfer under section 50c(2) is made appealable even for the purpose of income tax act, 1961 as per scheme therein. ..... proposed to adopt this value for computing long term gains as per provisions contained in section 50c of the income tax act, 1961. .....
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