Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 56 of about 763 results (0.058 seconds)

Cit Vs. Kotak Mahindra Finance Ltd.

Court : Mumbai

Reported in : (2009)227CTR(Bom)596

..... ) any machinery or plant if the actual cost thereof is allowed as a deduction in one or more years under an agreement entered into by the central government under section 42.7. in cit v. shaan finance (p) ltd. : (1998) 231 itr 308 (sc), the supreme court was considering whether in a case where the business of the assessee ..... the like.6. let us therefore, examine the judgments relied upon by the parties to answer the question as raised. we may first gainfully refer to section 32 of the act to the extent required and which reads as under:32(1) in respect of depreciation of--(i) buildings, machinery, plant or furniture, being tangible assets;(ii) know-how, ..... useful life of each asset. thus the user of asset is not the only aspect which governs the allowance of depreciation. however, for the purposes of the income tax act, user of the asset is required for claiming depreciation.5. at the hearing of this appeal, on behalf of the parties, the learned counsel have reiterated their respective .....

Mahesh Bhatt Vs. Asstt. Cit

Court : Mumbai

Reported in : (2004)87TTJ(Mumbai)734

..... the afforested decision has no application to the case on hand. it may be noted that explanation 2 to section 158be inserted by finance (no. 2) act, 1998, with retrospective effect from i-7-1995, clarifies that the authorisation shall be deemed to have been executed on the ..... bangalore bench of the tribunal, it is necessary to briefly state the facts of those cases.10. in the case of kirloskar investments & finance ltd. (supra), the facts are that the business premises of the assessee were searched on 30-3-1996 and certain documents were seized ..... that the cheque for rs. 4,17,000 was drawn on central bank of india where the assessee has no bank account and, in fact, that was hdfc bank account inasmuch as the flats were financed by hdfc and substantial amount of cheques were directly issued by ..... , j.m. this appeal filed by the assessee is directed against the order of the assistant commissioner, central circle-23, mumbai.2. the facts in short are that the assessee is a leading director of the .....

Herbertsons Ltd. Vs. Dy. Cit

Court : Mumbai

Reported in : (2004)87TTJ(Mumbai)840

..... has more subsidiaries and associates than the amalgamation ltd. the subsidiaries and associates of the ub group enjoy common management, inter-linked in business, marketing and finance, etc. even the affairs of ubel were closely managed by the group and the shareholders of ubel were none other than the group companies. thus the ..... in the case of national thermal power corporation v. cit : [1998]229itr383(sc) and the decision of the jurisdictional high court in the case of cit v. central province manganese ore co. ltd. : [1978]112itr734(bom) . the cit (departmental representative) had no specific objection for admission of these grounds.4. we find that ..... the income from each of these different businesses are properly authorised by its memorandum of association and sofar no one has brought any action against the company for acting ultra vires the memorandum of association.12.2 clause (n) of the memorandum of association of the appellant, extracted herein, authorises the appellant to extend .....

M/s. Mascon Multiservices and Consultants Pvt. Ltd. Vs. Bharat Oman Re ...

Court : Mumbai

..... 12.1996 under which the petitioner was to provide services for obtaining statutory clearances from various authorities for setting up a central india refinery project by the respondent. the parties agreed to refer the dispute therein to arbitration. the petitioner made 12 ..... pvt. ltd. (2009) 8 scc 520, mussafar shah vs. mmtc 83 2000 delhi lt 514 and saurabh kalani vs. tata finance ltd. 2003(3) arb.lr 345 (bom) (db)) 201. hence the petitioner must show special bias in this claim. the ..... was over. 206. mr. andhyarujina would argue that in the case of bharat oman refineries ltd. vs. mantech consultants, 2012(3) bom c r 754 the division bench of this court held that there can be no waiver after the period ..... the petitioner's case would not fall under that legislation. 12. the petitioner has relied upon section 31(7)(a) of the arbitration and conciliation act, 1996 (the act) which runs thus: 31. form and contents of arbitral award. (1).... (2) ........ (3) ........ (4) ........ (5) ........ ( .....

The Chalisgaon Municipal Council and Another Vs. the State of Maharash ...

Court : Mumbai Aurangabad

..... that after abolition of octroi duty, it has become impossible for the municipal councils to generate funds or increase their revenue. any council finds it difficult to raise finances by recovering taxes other than octroi. they are not enough to generate funds so as to fulfill the purpose of a development plan. if the public has to ..... extremely difficult and onerous to fulfill the task and obligations in terms of the municipal law and the planning law. the scheme of the m.r.t.p. act, 1966 act has been set out and what is alleged is that the sanctioned development plan envisages designations, reservations and proposals for providing educational facilities, recreation, entertainment, health, ..... answer. in a recent decision in the case of girishvyas and another vs. state of maharashtra and others, air 2012 sc 2043, the honble supreme court had an occasion to consider the scheme of the m.r.t.p. act, 1966. the honble supreme court has held as under:- 73. the provision of a statute are required to .....

M/S. Rabo India Finance Limited, Mumbai Vs. Deputy Commissioner of Inc ...

Court : Mumbai

..... raised by the petitioner to the proposed reassessment. 18. thereafter respondent no.1 heard the matter afresh and passed the impugned order dated 27.3.2012, rejecting all the objections raised by the petitioner to the impugned. after setting out the above facts and submissions on behalf of the parties, respondent ..... a reassessment order dated 16.12.2011 under section 143(3) of the act. the petitioner therefore challenged this order as well as the impugned notice by filing writ petition no.371 of 2012. by an order dated 2.3.2012, this court quashed the order of reassessment and directed respondent no.1 ..... centrale raiffeisen boerenleenbank b.a. (ccrb) is the ultimate holding company of rabo india finance private limited. during the year under consideration, ccrb has rendered some support services to the company. please find enclosed herewith details of support services as annexure 4 the company has deducted tax in accordance with the orders obtained under section 195(2) of the act .....

M/S. Rabo India Finance Limited, Mumbai Vs. Deputy Commissioner of Inc ...

Court : Mumbai

..... objections raised by the petitioner to the proposed reassessment. 18. thereafter respondent no.1 heard the matter afresh and passed the impugned order dated 27.3.2012, rejecting all the objections raised by the petitioner to the impugned. after setting out the above facts and submissions on behalf of the parties, respondent ..... a reassessment order dated 16.12.2011 under section 143(3) of the act. the petitioner therefore challenged this order as well as the impugned notice by filing writ petition no.371 of 2012. by an order dated 2.3.2012, this court quashed the order of reassessment and directed respondent no.1 ..... centrale raiffeisen boerenleenbank b.a. ( ccrb ) is the ultimate holding company of rabo india finance private limited. during the year under consideration, ccrb has rendered some support services to the company. please find enclosed herewith details of support services as annexure 4 the company has deducted tax in accordance with the orders obtained under section 195(2) of the act .....

Director of Income Tax (international Taxation) Vs. Balaji Shipping Uk ...

Court : Mumbai

..... the court ought to ascribe to the phrase the meaning given to it in section 115vb. 45. section 115vb falls under chapter xii-g, which was inserted by finance (no.2) act, 2004 with effect from 1.4.2005. the present appeal however, relates to the period prior thereto viz. ay 2001-2002. mr.kaka however, submitted that section ..... is also relevant. dealing with article 8 of the model tax convention, the author observed in paragraph 8b.01 and 8b.07 as under:- 8b.01 ...... the central focus of the article is on profits from the carriage of passengers or freight, together with income from activities which are ancillary to the carriage of passengers and freight. ..... (1), which reads as under:- 172. shipping business of non-residents.(1) the provisions of this section shall, notwithstanding anything contained in the other provisions of this act, apply for the purpose of the levy and recovery of tax in the case of any ship, belonging to or chartered by a non-resident, which carries passengers, .....

Director of Income Tax (international Taxation) Vs. Balaji Shipping Uk ...

Court : Mumbai

..... the court ought to ascribe to the phrase the meaning given to it in section 115vb. 45. section 115vb falls under chapter xii-g, which was inserted by finance (no.2) act, 2004 with effect from 1.4.2005. the present appeal however, relates to the period prior thereto viz. ay 2001-2002. mr.kaka however, submitted that section ..... is also relevant. dealing with article 8 of the model tax convention, the author observed in paragraph 8b.01 and 8b.07 as under:- 8b.01 ...... the central focus of the article is on profits from the carriage of passengers or freight, together with income from activities which are ancillary to the carriage of passengers and freight. ..... (1), which reads as under:- 172. shipping business of non-residents. (1) the provisions of this section shall, notwithstanding anything contained in the other provisions of this act, apply for the purpose of the levy and recovery of tax in the case of any ship, belonging to or chartered by a non-resident, which carries passengers, livestock .....

Commissioner of Sales Tax Vs. Premier Automobile Ltd.

Court : Mumbai

Reported in : (1985)87BOMLR6

..... been recovering from its distributors, could not be included in the definition of the term 'sale price' either under the bombay sales tax act or under the said act, viz. the central sales tax act, and that the purpose of the recovery of service pool charges was to maintain an expert fleet of mechanics who would be available to ..... on 'inclusive terms'. meals were served to non-residents also in the restaurant located in the hotel. in the assessment proceedings of the appellant under the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, for the years 1957-58 and 1958-59, the following two questions were referred for determination to ..... must be regarded as ministering to a bodily want or to the satisfaction of a human need. the definition of the term 'sale' under the bengal finance (sales tax) act, 1941, shows that the said term was defined asany transfer of property in goods for cash or deferred payment or other valuable consideration including a transfer of .....