Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 8 of about 763 results (0.268 seconds)

Commissioner of Central Excise Vs. Madhuri Travels

Court : Mumbai

Reported in : 2009[15]STR241; [2009]23STT45

..... power to reduce the penalty imposed under section 76. question as now framed, therefore, would not arise from the order of the tribunal. even otherwise considering section 80 of the finance act, 1994, it is clear that there is power in the authority on showing reasonable cause, not to impose penalty or reduce the amount of penalty. that issue is fairly covered ..... by the order of this court in commissioner of central excise & customs, nashik v. d.r. gade : 2008 (9) s.t.r. 348 (bom.).2. considering the above, there is no merit in the appeal which is accordingly dismissed .....

Sanchit Software and Solutions Pvt. Ltd. Vs. Commissioner of Income Ta ...

Court : Mumbai

..... limited to that which could be exercised by the assessing officer under section 143(1) of the act; b) the commissioner of income tax acted without jurisdiction in rejecting the revision application as it was in the face of a binding circular of central board of direct tax dated 11.04.1985 which directs the assessing officer not to take advantage of ..... assessee's ignorance and mistakes. this is particularly so in view of the fact that state is expected to act fairly with regard to its dealing with its citizens; c) ..... charge assessee more tax than that which is due and payable by the assessee. it is in aforesaid circumstances that as far back as in 11/04/1955 the central board of direct tax had issued a circular directing assessing officer not to take advantage of assessee's ignorance and/or mistake. the relevant portion of the above circular .....

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

..... been deducted, in view of the provisions of section 172(8) introduced by the finance act, 1997 with retrospective effect from april 1, 1976? (d) whether the circular issued by the central board of direct taxes dated september 19, 1995, has any relevance in apply the provisions ..... it was amended by the finance act, 1963, w.e.f. 1-4-1963, finance act, 1964, w.e.f. 1-4-1964, finance act, 1965, w.e.f. 1-4-1965, finance act, 1968, w.e.f. 1-4-1969, finance (no. 2) act, 1971, w.e.f. 1-4-1972, finance act, 1984, w.e.f ..... other part of this section is not relevant for our purpose. we are also not concerned with insertion of section 9a by the finance act 2015 with effect from 1st april, 2016. 19. by chapter iii, incomes which do not form part of total income are dealt ..... bench of the delhi high in the case of emirates shipping line, fze vs. assistant director of income tax reported in (2012) 349 itr 493. suffice it to note that the view taken by the division bench and particularly in paras 17 and 18 .....

Humayun Suleman Merchant Vs. The Chief Commissioner of Income Tax, Mum ...

Court : Mumbai

..... income viz. capital gains. it provides for computation of capital gains and also for exemption available there under. section 54f of the act introduced into the act with effect from 1st april, 1983 by the finance act, 1982 provides exemption from capital gain on transfer of any long term-capital asset in case the same is invested in a residential ..... house and give possession of the same to the assessee. the central board of direct taxes circular dated 15th october, 1986 was issued only in the context of section 54 and 54(f) of the act to clarify that an investment in a flat under the self finance scheme of delhi development authority would be treated as construction for ..... support reliance is placed upon the decision of the delhi high court in commissioner of income tax vs. ravinder kumar arora [2012] 342 itr 38; (iii) section 54f(4) of the act has deliberately used the word appropriation while extending its benefit. it is used in addition to be utilized with a view to extend the scope of .....

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

..... designated authority. the scheme was operative from 1st september, 1998 to 31st january, 1999. the petitioners filed declaration under section 89 of the finance act, 1998 before the commissioner of central excise on 31st december, 1998. 4. the aforesaid declaration filed by the petitioners came to be rejected by the designated authority vide his order ..... was operative until 31.1.1999. the petitioners filed the declaration under kvss (section 98 of finance act, 1998) on 31.12.1998. on 25.2.1999, two orders came to be passed. one by the commissioner of central excise (appeals) rejecting the petitioners appeal as time barred and the other by the designated ..... (191) elt 104 and (v) wearwell tyres & tubes industries pvt.ltd. v. commissioner of customs & central excise, bhopal 2003 (162) elt 1167.18. the legal position in respect of section 95((i)(c) of finance ( no. 2) act, 1998 -kvss -is expounded by the supreme court recently in the case of shatrusailya digvijaysingh jadeja and, therefore .....

Swam Mills Ltd., a Company Incorporated Under the Companies Act, 1956 ...

Court : Mumbai

..... designated authority. the scheme was operative from 1st september, 1998 to 31st january, 1999. the petitioners filed declaration under section 89 of the finance act, 1998 before the commissioner of central excise on 31st december, 1998.4. the aforesaid declaration filed by the petitioners came to be rejected by the designated authority vide his order ..... was operative until 31.1.1999. the petitioners filed the declaration under kvss (section 98 of finance act, 1998) on 31.12.1998. on 25.2.1999, two orders came to be passed. one by the commissioner of central excise (appeals) rejecting the petitioners appeal as time barred and the other by the designated authority ..... (191) elt 104 and(v) wearwell tyres & tubes industries pvt.ltd. v. commissioner of customs & central excise, bhopal 2003 (162) elt 1167.18. the legal position in respect of section 95((i)(c) of finance ( no. 2) act, 1998 -kvss -is expounded by the supreme court recently in the case of shatrusailya digvijaysingh jadeja and, .....

Vivek Batra Vs. the Union of India Through the Secretary, Ministry of ...

Court : Mumbai

..... cbi and after completely setting out that report, what is then recorded is the opinion of the concerned department, namely, finance. in the file itself there is an important endorsement that the chairman of the central board of direct taxes gave the approval to refer the case to the cvc for its first stage advice with the comment ..... notings perused as a whole do not reveal any order in terms of section 19(1) of the prevention of corruption act, 1988 refusing the sanction. far from there being any order made on 27.04.2012 it is apparent that the matter was still being discussed and deliberated upon. there was difference of opinion and an attempt ..... , would take its final decision of not granting the same and would endorse its decision dated 27.04.2012. however, to his utter shock and surprise, the new incumbent acting as competent authority issued the order dated 09.10.2012 thereby granting the sanction for prosecution. this decision amounts to review of the earlier decision without there being .....

Alluminium Profiles Limited, a Public Limited Company Registered Under ...

Court : Mumbai

Reported in : 2009(169)LC76(Bombay); 2009(241)ELT9(Bom)

..... must be assumed that the legislature has expressly done away with the power to make payment by installments. in respect of similar provisions pertaining to the income tax act, by finance act, 1984 w.e.f. 1.10.1984 the powers of the settlement commission to grant payment by installments has been recognized. that continues till date. on ..... that it has been obtained ;by fraud, or misrepresentation of facts.5. while introducing the bill, clause 112 of the finance bill stated as under:clause 112 seeks to substitute section 32f of the central excise act with a view to specify time limit at every stage for the disposal of the application field before the settlement commission, it ..... has not so provided.2. the learned counsel for that purpose has placed for our consideration the instructions issued by the government of india, ministry of finance (department of revenue), the central board of excise and customs dated 5th august, 1985 contained in f. no. 289/56/85-cd.9. by that circular it is set out .....

Madhukar Govindrao Thaware and ors. Vs. Central Bank of India

Court : Mumbai Nagpur

..... the concept of failure to pay can be equated with non- payment. non-payment is nothing but failure to pay when due. as per the provisions of the finance act, 1979 amount of ftt collected becomes due within fifteen days from the date of collection thereof. failure to pay within this prescribed time frame would mean non-payment or ..... hold that the high court has no power to condone the delay in filing the "reference application" filed by the commissioner under unamended section 35h(1) of the central excise act, 1944 beyond the prescribed period of 180 days and rightly dismissed the reference on the ground of limitation." 4. in the ruling of gopal sardar vs. karuna ..... their respective apartments in the building pursuant to an agreement for sale of undivided share in the land and building construction executed in the year 1987.the respondent central bank of india , on the ground that the borrower had executed the mortgage of the plot along with the structure of the open foundation in its favour .....

The Commissioner of Income Tax-8, Mumbai and Others Vs. M/s. Sulzer In ...

Court : Mumbai

..... for previous year in which such conversion has been permitted by or under government orders. in paras 1 and 2 of this circular, the department refers to the introduction by finance act, 1983 w.e.f. 1st april, 1984 of section 43-b. then, in para 3, it refers to several representations received from various state governments and others ..... , the sales tax dues have been paid, the liability has been discharged and if the state of maharashtra and the assessee understood the transaction in a particular way, the central government cannot dispute or question it. for these reasons, he submits that the appeals be dismissed. 19. mr. dastur relies upon a judgment of a division bench of ..... to be answered in favour of the assessee and against the revenue. those are answered accordingly. the appeals are dismissed. insofar as income tax appeal no. 909 of 2012 is concerned, at page 4 of the paper book in that appeal, two additional questions in para 4(b) and 4(c) are termed as substantial questions of law .....