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Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 50 of about 763 results (0.080 seconds)

Jun 16 2009 (HC)

Hero Cycles Limited, Under the Companies Act, 1956 Vs. the Union of In ...

Court : Mumbai

Reported in : 2009(5)BomCR128; 2009(111)BomLR2490; 2009(166)LC228(Bombay); 2009(240)ELT490(Bom)

..... of entry.the petitioners realizing their mistake, that no additional duty is payable on the import of bicycle parts covered under chapter heading 87149990 of the central excise tariff act and the notifications, filed five refund claims before respondent no. 3 and 8. the petitioners did not take the credit of the said additional duty ..... ordinarily the assessing officer ought to have noted. the supreme court has held that a statutory notification issued under section 5a of the central excise act has statutory force, as if it were contained in the act itself. we may gainfully refer to the following observations of the supreme court in parle exports (private) limited reported : [1990] ..... it is, however, necessary to bear in mind certain principles. the notification in this case was issued under rule 8 of the central excise rules and should be read along with the act. the notification must be read as a whole in the context of the other relevant provisions. when a notification is issued in .....

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Mar 21 2000 (HC)

Director of Income-tax (Exemptions) Vs. Bharat Diamond Bourse

Court : Mumbai

Reported in : [2000]245ITR437(Bom)

..... mmtc (a central government undertaking) will co-ordinate administrative steps and that the bourse was to be named as suggested by the ministry of commerce as bharat diamond bourse. accordingly, the decision to set up the bourse was taken at the level of the government of india and at the level of the finance and commerce ..... in the customs at the airport is avoided. similarly, the imported diamonds could be cleared expeditiously for home consumption in accordance with the provisions of the customs act. moreover, these diamonds are generally exported or imported in small wrappers. these are precious goods which need to be stored. therefore, it was decided that in ..... except in accordance with the permission of the proper officer. accordingly, on november 22, 1984, the collector issued a notification under section 8 of the customs act, approving the premises of the mmtc situate at diamond plaza building near opera house as a customs area for the purposes of storage and clearance of diamonds, .....

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Mar 03 1998 (HC)

Indian Rayon Corporation Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (1998)146CTR(Bom)138; [1998]231ITR26(Bom)

..... controversy is about carry forward and set off of the deficiency under sub-section (3) of section 80j of the act. section 80j was inserted, in the place of section 84 which was deleted, by the finance (no. 2) act, 1967, with effect from april 1, 1968. the provisions of this section are virtually the same as those of ..... assessee, who contended before us that the expression 'initial assessment year' appearing in clause (i) of the proviso to sub-section (3) of section 80j of the act should not be construed to mean the assessment year in which the industrial undertaking begins to manufacture or produce articles, referred to as the 'initial assessment year' in ..... as being barred by limitation. according to the income-tax officer, the deficiency could not be carried forward under sub-section (3) of section 80j of the act beyond the seventh assessment year as reckoned from the end of the assessment year in which the industrial undertaking commenced manufacture or production. there is no dispute in .....

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Jun 15 2009 (HC)

Reliance Industries Limited (a Company Incorporated Under the Provisio ...

Court : Mumbai

Reported in : 2009(111)BomLR2507

..... / or explain to lay man or third person.therefore, once we talk about the bankable document for finance, then though parties or one of the entities may be expert in drafting such agreement based upon the ..... resulting company and shri anil d. ambani . legal thesaures by william c. burton defines integral as: integral, adjective basic, cardinal, central, component, constitutent, elemental, essential, essential to completeness, fundamental, indispensable, integrant, irreplaceable necessaries, necessary, needed, needful, prerequisite primary, ..... western region of the country and would help meeting goi's target of 'power for all by 2012.144. the learned counsel for ril further submitted that the contents of the above letter clearly show ..... approvals as are necessary on itsbehalf.(b)thedefinitive agreements will reflect that the mukesh ambani group will act inutmost gooddeliberatelymisquoted in the pleadings.deliberatelyomitted in pleadings.faithand will make best endeavors to work for and obtain .....

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Oct 17 2005 (HC)

Bombay Environmental Action Group, a Society Registered Under the Soci ...

Court : Mumbai

Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)

..... environmental protection implies maintenance of the environment as a whole comprising the man-made and the natural environment. therefore, there is constitutional imperative on the central government, state governments and bodies like municipalities, not only to ensure and safeguard proper environment but also an imperative duty to take adequate measures to ..... to the community. it's role is that of a trustee. all properties vest in the central government under such enactments as and by way of trust for public good and public purpose. it acts in public interest while enacting such legislation. the principle is to remove poverty and unemployment and ..... act, the property viz., structure and the land as well as machinery etc. came to be handed over to the custodian appointed by central government viz., national textile corporation and its subsidiaries.c) in case of the later enactment, as per its mandate, the companies approached the board of industrial finance and reconstruction set up by central .....

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Dec 16 2010 (HC)

The Commissioner of Central ] Excise and Custom, Daman, Vs. M/S. Gujch ...

Court : Mumbai

..... , subject to such conditions and limitations as may be laid down by it, permit dutypaid icecream falling under heading no.21.05 of the schedule to the central excise tariff act, 1985 (5 of 1986) to be deposited in storeroom or other place of storage](3) every such storeroom or place shall be declared by the manufacturer ..... in which they are contained and such other particulars as the [commissioner] may by general or special order require.[(5) notwithstanding anything contained in subrule (1), the central board of excise and customs may, in exceptional circumstances having regard to the nature of the goods and shortage of storage space at the premises of the manufacture where ..... afternoon of the day preceding the day appointed for the presentation of the annual or any supplementary budge of the central government to the parliament or for the introduction in the house of the people of any finance bill or any bill for the imposition or increase of any duty.(2) any person who fails to furnish .....

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Apr 16 2009 (HC)

Britannia Industries Ltd. A company registered under the Companies Act ...

Court : Mumbai

Reported in : 2009(3)BomCR562; (2009)IIILLJ275Bom

..... the appeal would pass an order affirming or setting aside the order under appeal. this provision contemplates an appeal against the order unlike the provisions of the central act under section 25-o(4) where a reference is to be made of the matter and the term 'matter' would include the proceeding before the ..... in that provision. 'subject to' conveys the idea of a provision yielding place to another provision or other provisions subject to which it is made. (surinder singh v. central government : [1986]3scr946 and southern petrochemical industries co. ltd. v. electricity inspector & eito : air2007sc1984 ). the word `subject to' has been defined in black's law ..... 5 bom. cr 758, which is in line with the view taken by the supreme court in the case of general finance co. and anr. v. assistant commissioner, income tax, punjab : [2002]257itr338(sc) and central board of dawoodi bohra community v. state of maharashtra : air2005sc752 there being an uninterrupted long standing view and practice, .....

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Jul 23 2007 (HC)

Dowell Leasing and Finance Ltd. Through Its Director Syed RiazuddIn S/ ...

Court : Mumbai

Reported in : 2008(1)ARBLR512(Bom); 2008(1)BomCR768; (2007)109BOMLR1545; [2007]79SCL451(Bom)

..... :ye-law of a co-operative society can at best have the status of an article of association of a company governed by the companies act, 1956 and as held by this court in co-operative central bank ltd. v. additional industrial tribunal, andhra pradesh, the bye-laws of a co-operative society framed in pursuance of the provision of ..... powers have been conferred to make rules and bye-laws. section 30 is the power conferred on the central government to make rules for the purpose of carrying into effect the objects of the act. section 30(2)(f) provides for the manner in which the bye-laws are to be made or amended and it further provides that before ..... bye-laws on the one hand, and section 28, whereunder the central government is empowered to make rules on the other, indicate that the former are intended for conducting the business of the association and the latter for the purpose of carrying into effect the objects of the act. in considering the question raised in this case this distinction will .....

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Mar 16 2009 (HC)

Official Trustee Vs. Commissioner of Wealth Tax

Court : Mumbai

Reported in : (2009)227CTR(Bom)115; [2009]180TAXMAN595(Bom)

..... apply to the interpretation of the defence of india rules as it applied to the interpretation of the central act. section 8(1) of the general clauses act was as under:where this act, or any (central act) or regulation made after the commencement of this act, repeals and re-enacts, with or without modification, any provision of a former enactment, then references in ..... or other property having such value. on this issue in paragraph 3 the apex court observed as follows:the question which falls for determination is whether an act passed by the central or the state legislature can be said to be an instrument and, if so, an instrument securing money or other property having such value. the court ..... is as follows:whether in the facts and in the circumstances of the case and on a correct interpretation of section 21(1a) inserted by finance (no. 2) act, 1980, the appellate tribunal was justified in holding that the assessee was liable to tax on the excess of the value of the corpus of the trust .....

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Sep 15 2003 (HC)

Daimler Chrysler India Pvt. Ltd. Vs. the Union of India, Joint Secreta ...

Court : Mumbai

Reported in : 2004(1)ALLMR594; 2004(175)ELT72(Bom); 2004(1)MhLj813

..... 1995 has been issued by the government of india, in supersession of the notification of the government of india, ministry of finance, (department of revenue), customs no. 48, dated 1st february 1963. the central government fixed the rate as mentioned in column 2 of the table reproduced hereinbelow, as the rates at which drawback of ..... & mahindra, 2001(5) supreme 394. interpretation of the word 'use' in the light and context of taxes of entry of goods into calcutta metropolitan area act, 1972 (the 'act of 1972' for short) was required to be considered. the respondents therein had brought machines within the metropolitan area of calcutta for exhibition. the said machine ..... during the course of study and research, amounts to use of a car after importation thereof into india as contemplated under section 74(2) of the customs act, 1962 ('act' for short)contextual facts: 3. for the resolution of the above question, it is necessary to consider contextual facts.the contextual facts depict that the .....

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