Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 72 of about 763 results (0.105 seconds)

American Bureau of Shipping Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (1986)19ITD793(Mum.)

..... 125 whereas it works out to rs. 24,715 on per person basis. both the points are covered by the special bench decision of the tribunal. the case of sundaram finance ltd. v. iac [1984] 7 itd 845 (mad.) (sb) upheld the applicability of rule 6d even in cases where the travelling expenses were otherwise allowable as business expenditure ..... in this case, the whole section 44c would not be applicable and, consequently, no disallowance could be made. decision of the supreme court in cit v.official liquidator, palai central bank ltd. [1984] 150 itr 539 is also relied upon in this behalf. he further stated that the object of section 44c is to allow something and not to ..... 6. the next substantial dispute in the assessee's appeal as well as in departmental appeal is concerning with the applicability of section 44c of the income-tax act, 1961 ('the act'). in the assessee's appeal for the assessment year 1977-78 it has been challenged that the provisions of section 44c do not apply. to elaborate the .....

Mrs. Vanmala Manoharrao Kamdi and Others Vs. the Deputy Charity Commis ...

Court : Mumbai Nagpur

..... institutions and such a power could be exercised by the charity commissioner under section 41a of the b.p.t. act, 1950. 23. in the case of reserve bank of india...versus...peerless general finance and investment co. ltd. and others, reported in air 1987 supreme court 1023 as to the mode of interpretation, ..... many a time, the persons interested advised to approach the court of law to redress their grievances, did not approach the court either for want of finance or, some other reasons with the result that the defaulting trustee remained in possession of trust affairs and continued causing more damage to the trust. in order ..... appointment of receiver, injunction, sub-mission of budget estimates are some of the powers which the charity commissioners are entrusted with under madras and orissa acts and english act (charities act, 1960). the charity commissioners were judicial officers of the status of district judges who were already enjoying some of the powers under the civil procedure code and .....

Bharat Forge Ltd. and Others Vs. Commissioner of Customs (Export) Nhav ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... or omission which rendered the goods liable to confiscation. in the instant case, the appellant has argued that the impugned goods were examined by the jurisdictional central excise officers who have certified the correctness of the declarations made and hence no malafide can be attributed on the part of the appellant. the export ..... the miscellaneous application filed by the appellant to take on record certain additional evidence. this additional evidence relates to representation made by the appellant to the finance ministry against the orders passed by cc (exports), mumbai, in the instant case and the ministrys examination and notings on the matter and certain ..... goods entered for exportation under claim for drawback which do not correspond in any material particular with any information furnished by the exporter or manufacturer under this act in relation to the fixation of rate of drawback under section 75; in the instant case, the appellant did not furnish the correct description of the .....

Dhirubhai Ambani Knowledge City Mumbai. Navi Mumbai - 400 710 Vs. Pan ...

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... (am): 1. this appeal by the assessee arises out of the order passed by the cit u/s. 263 of the income-tax act, 1961 (hereinafter called the act') on 30.3.2012 in relation to the assessment year 2007-08. 2. briefly stated the facts of the case are that the assessment in this case was ..... the learned departmental representative lent support to the impugned order from one more angle. while referring to a circular issued by reserve bank of india dated 02.07.2012 with subject matter "master circular on educational, commercial borrowings and trade credits", she submitted that the assessing officer miserably failed to examine the factum of the ..... cit v. nalwa investments ltd. [(2011) 338 itr 522 (del.)]. in this case the assessee was a non-banking finance company engaged in the business of investment in shares, securities, other debt instruments and financing loans and providing guarantees. the income of the assessee comprised of interest on loans and securities, professional income as well as .....

Air India Aircraft Engineers' Association and Others Vs. Air India Ltd ...

Court : Mumbai

..... of the planning commission, minister of state (ic) for civil aviation and the invitees included the secretaries of ministries of the concerned departments i.e. finance department, civil aviation, department of expenditure, planning commission and petroleum and natural gas. this committee, in the ordinary course of business obviously, must have examined ..... others vs. mohammed ibrahim (1994) 5 scc 562). 26. mr. dhond, learned senior counsel appearing for the petitioner in writ petition no.2896 of 2012, besides adopting the abovesaid submissions, has pointed out that there is strong reason to believe that the intention of the respondents of hiving-off / demerger of ..... likely to be closed down, decided to move the regional labour commissioner (central), respondent no.3, to intervene in the industrial dispute and admit the demand into conciliation under the provisions of the industrial disputes act, 1947 (for short, 'the act'). the apprehension of the employees of respondent no.1 employed in the .....

Rajinder Kumar Malhotra Vs. Paresh Biharilal Vyas and Others

Court : Mumbai

..... court on two occasions, the court was informed by the counsel appearing for spcpl that the entire litigation fought by rakesh against rkm (i.e., since the year 2012) has been financed throughout by spcpl and there is no board resolution on record of spcpl qua the litigation costs having been borne by spcpl on behalf of rakesh. 4.7 it ..... in kunhayammed (supra) and the other judgments with regards to the doctrine of merger, the same have been considered by the apex court in (2010) 11 scc 153)commissioner of central excise, delhi vs. pearl drinks limited. the apex court has held that the doctrine of merger is not a doctrine of rigid and universal application. paragraphs-11, 12, 16 ..... of the court within the time specified in the judgment or order, or to disobey a judgment or order requiring a person to abstain from doing a specified act, or to act in breach of an undertaking given to the court by a person, on the faith of which the court sanctions a particular course of action or inaction. in .....

M/S. B.V. Jewels, a Partnership Firm Vs. the Commissioner of Customs ( ...

Court : Mumbai

..... for use in export of gem and jewellery: --- in exercise of the powers conferred by sub -section (1) of section 25 of the customs act, 1962 (52 of 1962), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts goods specified in the annexure i to this notification (hereinafter ..... and polished diamonds of 5% as prescribed in the exim policy has been achieved by the appellant. consequently, the certificate of the development commissioner dated 25/4/2012 is of no avail. therefore the respondents have jurisdiction to issue the present notice and demand duty which was forgone at the time when the cut and polished ..... to ensure the compliance of the above notification under which exemption from payment of customs duty was claimed by the appellant. so far the certificate dated 25/4/2012 from the office of the development commissioner which was produced before us is concerned, it must be noted that the issue here is not of overall value addition .....

Motabhai Paras Private Limited Vs. Western Paper and Yarn Pvt. Ltd.

Court : Mumbai

..... learned counsel appearing for the respondent has strongly relied on vastuinvest and holdings pvt. ltd. vs. gujarat lease financing ltd. (2001 vol. 103(2) bom. l.r. 156)referring to section 34 (2)(b) (ii) of the arbitration act and the nature of the agreement for rendering business service centre and contended that no licencee or tenancy or ..... and circumstances of the case and the relevant material placed by the parties in support of their respective contentions. 9 as the court under section 11 of the arbitration act, by consent, appointed the learned arbitrator to adjudicate the dispute arising out of the contract, parties appeared accordingly. the preliminary objection raised about the jurisdiction of the ..... . (air 1981 sc 537). (khalil ahmed bashir ahmed vs. tufelhussein samasbhal sarangpurwala (1988 mah. r.c.j. 384). 12 the full bench of this court in central warehousing corporation vs. fortpoint automotive pvt. ltd. (2010(1) bom. c.r. 560)has dealt with section 41 of the small causes court .....

M/S. Sterlite Optical Technologies Ltd. and Others Vs. Commissioner of ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... as there was no intention on the part of the appellants to evade the duty so as to attract invocation of the proviso to sec.11a of the central excise act. he also argued that the entire demand of duty is revenue neutral inasmuch as whatever duty was paid on the capital goods would have become available to the ..... . (hereinafter referred to as - the appellants) are engaged in the manufacture of optic fibers and optic fiber cables falling under chapter 90 and 85 respectively of the central excise tariff act, 1985. 2. the brief facts of the case are that the appellants are carrying out the manufacturing activity of optic fiber cables at plot no.e-1 and ..... and proposing charging of interest and imposition of penalty on the appellants under sec.11ac and individual penalty on the co-appellants. it was also proposed to appropriate the central excise duty of rs. 89,55,635/- already paid by them against the appellants. 5. the ld.advocate, appearing for the appellants submitted that the capital goods .....

Cummins (India) Ltd. Vs. Commissioner of Customs, Pune

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... this case narrated hereinabove, this petition is allowed. hence the following order: 15. the impugned order dated 10.03.2010 passed by the respondent no. 2, joint commissioner, central excise [bru], ahmedabad is quashed and set aside. the matter is remanded to the respondent no. 2 who shall decide the application made by the petitioner for fixation of drawback ..... claim of the appellant and confirmed the demand of rs.12,95,57,132/- under rule 16 of the draw back rules read with section 75 of the customs act, 1962 and also demanded interest thereon at the rate of 13% per annum, under the afore said provisions of law. he also held that the goods exported by ..... along with interest thereon and also proposing to impose penalty on the appellant under section 114 of the customs act, in as much as the goods exported were liable to confiscation under section 113 (h)(ii) of the said customs act. the appellant contended that they were entitled to claim draw back in respect of ic diesel engines exported .....