Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 10 of about 763 results (0.136 seconds)

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

Court : Mumbai

..... may state that we have two sets of cases before us. the lead matter covers assessment years before insertion of section 94(7) vide finance act, 2001 w.e.f. 1.4.2002. with regard to such cases we may state that on facts it is established that there was ..... by the union of india before the supreme court.61. the supreme court held that section 90 of the income tax act, 1961, enabled the central government to enter into an agreement with the government of any foreign state inter alia for the avoidance of double taxation and ..... (1) of section 4 is on the total income of every person for a previous year at the rate or rates enacted in a central act. under sub section (1) of section 5, in the case of a person who is a resident, the total income of any ..... burden being on the person to prove the existence of good and sufficient reasons. (see also star india p. ltd. vs. commissioner of central excise.56) we hence, keep this issue open to be urged by the 56 (2006) 280 itr 321 (s.c.)petitioner before the .....

M/S. Shriniwas Machine Craft Pvt. Ltd. Vs. the Income Tax Settlement C ...

Court : Mumbai

..... 10 and no such proceedings were initiated till 7 march 2013. c) the cbdt circular no. 3/2008 dated 12 march 2008 while explaining the provisions of finance act 2007 specifically clarified that an assessment proceeding before the assessing officer would be considered pending proceedings even if the time limit to issue a notice under section 143( ..... proceedings for assessment years 2007-08 to2009-10 were pending before the assessing officer, reliance was placed upon circular no.32008 dated 12 march 2008 issued by the central board of direct taxes (cbdt) and the decision of the special bench of the settlement commission in rescuwearcorporation 217 ctr 597. e) on 15 march 2013, ..... june 2007, we shall now consider the respective submissions of the counsel for the parties. the linchpin of the petitioner's submissions is that on 7 march 2012 assessment proceedings for assessment years 2007-08 to 2009-10 were pending before the assessing officer for the reason that it was still open to the assessing .....

Mr. Hassan Ali Khan Vs. Settlement Commission,

Court : Mumbai

Reported in : (2008)217CTR(Bom)163; [2008]299ITR127(Bom)

..... full and true disclosure was not sufficient and it had to be justified by specifying the basis and particulars. the provisions of section 245d as substituted by the finance act, 2007 have materially altered the provisions relating to the settlement commission. the amendment requires holding, whether an application is invalid. the expression 'invalid' it is submitted ..... ben placed before us which is addressed by alka tyagi, commissioner of income tax(dr), itsc, itsc, additional bench, mumbai to the commissioner of income-tax (central)-i, mumbai. it is set out therein that in respect of the documents contained in the paperbook privilege was claimed and the request was also made for in- ..... and ors. writ petition no. 1427 of 2007 decided on 8th october, 2007. both these judgments were considering application which were made and disposed off before the finance act, 2007 w.e.f. 1st june, 2007. what has to be considered now is section 245d(2c). we have discussed what is invalid.next reference was .....

Rastriya Ispat Nigam Ltd. a Government of India Undertaking Through It ...

Court : Mumbai

Reported in : 2008[11]STR453; [2008]14STT328

..... its iron and steel materials at their kalamboli stockyards, navi mumbai. 5. during the pendency of the said contract, section 65 of the finance act, 1994 was substituted by section 88 of the finance act, 1997 whereby 5% service tax was introduced on various services including on clearing and forwarding agent.6. on 05/11/1997 vide notification ..... deduction certificate. 13. the constitutional validity with regard to the extension of service tax in view of the amendment to the finance act-2000, section 116(a) and section 65(6) of the finance act-1994 to treat the recipients of the services as assessees in case of services rendered by goods transport, operators and clearing ..... deduct the service tax from the bills of the respondents in terms of the aforesaid clauses of the agreement. see also kerala state electricity board v. commissioner of central excise, thiruvananthapuram (2008) 1 s.c.c. 780.20. the learned single judge, therefore, right in reversing the award passed by the arbitrator. the .....

AmIn Merchant of Bombay Vs. the Chairman, Central Board of Excise.

Court : Mumbai

..... settled, not enacted law. parliament may or may not accept the proposal. (b.k. industries v. union of india)1the law as enacted is what is contained in the finance act after it is legislated upon by parliament. budgetary proposals constitute legislative material antecedent to the enactment of law. the rates of tax, are those which are prescribed by legislation, ..... for the proposition that courts can direct the central government to issue a notification under section 25. reliance on this case is misfounded; in that case, the supreme court was dealing with 2 (1998) 97 e.l.t ..... sections 1 and 2 of section 25. that would not justify the court, on a plea such as that has been raised in the present case, to direct the central government to issue a notification in the first instance. 8. the petitioner has relied on the decision in the case of choksy tube company ltd. v. union of india2 .....

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

Court : Mumbai

..... may not necessarily be the outcome of alteration in the very nature of the activities of the trust or institution. hence, section 13 of the act has been amended vide finance act, 2012 by inserting a new sub-section (8) therein to provide that such organization would not get benefit of tax exemption in the particular year ..... 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 also ..... act is permissible only when the activities of the trust/ institution are not genuine or are not being carried out in accordance with its objects. thus, holding that cancellation of registration in the present facts, is not justified. 6. at the very out set, the learned counsel for the respondent-assessee submitted that in view of the central .....

Sadanand S. Varde and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2000(4)ALLMR510; 2001(1)BomCR261; [2001]247ITR609(Bom)

..... services pvt. ltd. v. union of india, : air1988sc1708 , was pressed into service to contend that a bank constituted under the banking companies (acquisition and transfer of undertakings) act, 1970, though materially controlled by the central government, has a distinct personality of its own and its property cannot be said to be the property of the union of india. hence, it is contended ..... , the appropriate authority could not have taken action under section 276ab of chapter xxii of the income-tax act. it is pointed out by the fifth respondent that, even while this writ petition was pending before this court, the petitioners had moved the finance minister, government of india, requesting him to look into the matter of transfer of the concerned plot at .....

Sara Harry D'Mello and Others Vs. State of Maharashtra and Others

Court : Mumbai

..... could never have been to restrict the governments power to acquire only land adjoining a slum. it is also necessary to note that the constitutional validity of the central act has been upheld by the supreme court in jyotipershad v/s union territory of delhi, air 1961 sc 1602. 17. in akhtar hasan rizvi v/s. ..... 14 before and after amendment is already quoted in paragraph 11 hereinabove. section 14 in entirety as it stood prior to amendment of 2012 (vide maharashtra act no.11 of 2012 in force from 19 june 2012) including the proviso laying down the procedure for acquisition reads as under: 14. power of state government to acquire land. (1) ..... cannot be the justification to declare validly enacted provision as unconstitutional. 45. dr. tulzapurkar also relied upon a decision in ravi yashwant bhoir vs. district collector, raigad, (2012) 4 scc 407 (paras 42 to 46). again, the court reiterated the above principles and reiterated the following observations in krishna swami vs. union of india, (1992) .....

Smt. Pratibha Sheth and ors. Vs. Appropriate Authority and anr.

Court : Mumbai

Reported in : (2005)199CTR(Bom)242; [2006]281ITR338(Bom)

..... also incurred expenditure in the sum of rs. 1.89 lakhs by way of registration fee.4. the finance act of 1985 has introduced chapter xx-c in the act providing for compulsory purchase by the central government of immovable properties in certain cases of transfer. in view of the introduction of chapter xx-c, ..... april, 1993 (exhibit 'f'), passed by the first respondent, the appropriate authority, appointed by the central government under section 269ub of the it act, 1961 ('the act') exercising right of pre-emptive purchase under section 269ud(1) of the act of the property in question owned by the petitioner nos. 2 and 3 for the apparent consideration ..... contemporary transactions in the same building, 'miranda apartment' cited by the petitioners to which the respondents have issued noc under section 269ul(3) of the act, though the said transactions had disclosed comparatively low sale price than the petitioners' transaction.24. the learned counsel-appearing for the revenue could not dispute this .....

Akanksha International Through Its Proprietor Mrs. Anju Suryaprakash D ...

Court : Mumbai

Reported in : 2007(6)ALLMR611; 2007(5)BomCR481; (2007)109BOMLR1959; 2008(1)MhLj753

..... section only provides an expeditious way of recovery of bank loans/dues but no where states that such dues will be first charge on property under central act. both acts were enacted by competent legislations for different purposes and there is no conflict between the two. it is also held that the bank's right to ..... petitioner) has approached arcil and expressed its desire to purchase the loans together with all the rights, title and interest of the seller (arcil) in the financing documents and any underlying security interests, pledges and/or guarantees in respect of such loans (hereinafter referred to as the financial assets). the arcil wishes to assign ..... and on this count itself, the petition be dismissed. it is further stated by the respondent that the sale certificate issued by m/s usha martin finance limited constituted attorney of asset reconstruction company india limited (arcil) has been issued on misrepresentation that the petitioner was not liable for dues of the respondent company .....