Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Page 9 of about 763 results (0.068 seconds)

Dy. Cit Vs. Manjara Shetkari Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Reported in : (2004)85TTJ(Mumbai)369

..... were argued before us. it is pertinent to note that the term 'association of persons could include within its ambit company or firm also. moreover, each finance act prescribes a separate and concessional rate of income-tax for co-operative societies from that levied on a company or firm or association of persons. this clearly ..... constituted by the government known as 'ministerial cabinet committee'. while fixing the price, the committee takes into account the ex-gate minimum price declared by the central government, estimated sugarcane production and its availability for production by the sugar factories, estimated average price of sugar factory, estimated conversion charges and the present day ..... minimum sugarcane price fixed under clause 3, the final working results of the year and the cost schedule and return recommended by such authority ad the central government may specify from time to time.4. a is the amount found payable for the previous year but not actually paid (vide sub-clause (9 .....

The Commissioner of Income Tax-8 Vs. M/s. Shantivijay Jewels Ltd.

Court : Mumbai

..... year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the finance act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years ..... ; (v) free trade zone means the kandla free trade zone and the santacruz electronics export processing zone and includes any other free trade zone which the central government may, by notification in the official gazette, specify for the purposes of this section; (vi) relevant assessment year means any assessment year falling within ..... computer software: provided also that no deduction under this section shall be allowed to any undertaking for the assessment year beginning on the 1st day of april, 2012 and subsequent years. (1a) notwithstanding anything contained in sub-section (1), the deduction, in computing the total income of an undertaking, which begins to .....

Ms. Mina Fusade, Legal Heir of the Late Prince Sayajirao Gaekwar Vs. M ...

Court : Mumbai

Reported in : (2005)107BOMLR1160; (2006)201CTR(Bom)207; [2006]285ITR229(Bom)

..... south of france.4. the respondent no. 1 is the commissioner of income-tax, who is the designated authority under section 87(b)(i) of the finance (no. 2) act, 1998 ('finance act' for short), vide order-cum-intimation dated 10th march, 1999 rejected the applications-cum-declarations made by the petitioner under kvs scheme enacted under chapter-iv ..... alleged delay in filing such appeals and not on merits, even then, the petitioner could not be disqualified under the provisions of section 95(i)(c) of the finance act. in his submission, there were validly presented because there were subsisting appeals; filed by the petitioner before the tribunal. he further submits that respondent no. 1 ..... in other words, appeal though restricted in its scope was held to be tenable.34. in the case of raja mechanical co. pvt. ltd. v. commissioner of central excise, : 2002(144)elt36(del) , the delhi high court was pleased to hold that if the application for condonation of delay is dismissed then appeal may lie .....

Commissioner of Income Tax Vs. Tip Top Typography

Court : Mumbai

..... subba. 17] mr. chhotaray's submissions were adopted by mr. tejveer singh appearing for the revenue in income tax appeal nos. 2447/2011, 819/2012, 820/2012, 821/2012, 827/2012, 1182/2012, 753/2012, 754/2012 and 794/2012 and mr. suresh kumar. 18] mr. abhay ahuja appearing for the revenue in some of the appeals submitted that in income tax appeal no.5489 ..... reliance is placed by shri murlidhar on the wording of the circular 204 dated 24th july, 1976. mr. murlidhar submits that the central board of direct taxes recorded the annual value under section 23(1)(a) as being equal to the municipal valuation of the property. he submits that this circular ..... prior to the insertion of section 23(1)(b) by this amendment act, 1975 the annual value of house property could only be determined on the basis of section 23(1)(a) and not on the basis of actual rent received for the property. the central board of direct taxes has explained the rationale for the amendment and hence .....

Jamshedpur Utilities and Services Company Limited, a Company Incorpora ...

Court : Mumbai

..... ' case.18. learned counsel mr. rajadhyaksha, appearing for respondent no. 2, contended that the central government was pleased to exempt from the whole of the service tax the following taxable services vide section 65 (clause 105) of the finance act:(i) which are provided in relation to authorised operations in special economic zone (sez), and(ii ..... sewerage system for services of customers in mihan area, nagpur.21. thus, it appears that the exemptions from service tax payable under chapter v of the finance act, 1994 (32 of 1994) on taxable services provided to a developer or unit to carry on the authorised operations within the meaning of section 26(1)(e ..... ) of the special economic zones act, 2005 can be claimed subject to sub-section (2) of section 26 of the act. the central government may prescribe, the manner, in which, and, the terms and conditions subject to which exemptions, concessions, drawback .....

D.N. Kohli, Collector of Central Excise, Bombay Vs. Krishna Silicate a ...

Court : Mumbai

Reported in : 1983(12)ELT216(Bom)

..... unjustified. the division bench of the calcutta high court in that case has taken the view that assessment and provisional assessment of duty under the central excises and salt act and rules read with the relative finance act can only be in accordance with the statutory provisions. these are not common law rights and, therefore, a provisional assessment can only be made ..... buyer in the open market'. the authorities took the view that such a change could be made having regard to the provisions of section 4 of the act. the deputy superintendent of central excise informed the company of this change of basis on november 5, 1958 by a letter which also asked the company to furnish its price lists ..... duty, or of any deficiency in duty if the duty has for any reason been short-levied, or of any other sum of any kind payable to the central government under the act or these rules, such duty, deficiency in duty or sum shall, on a written demand made by the proper officer, be paid to such person and .....

The Director of Income Tax (Exemptions) Vs. M/s. Jasubhai Foundation

Court : Mumbai

..... assessee has no option to choose whether it wants to avail the exemption under section 10(33) or section 11 of the income tax act, 1961. he relied upon a circular of 1968 issued by the central board of direct taxes. he also relied upon the language of section 11(1) and the expression total income defined in section 2( ..... for setting up of digital research and training centre. however, that was donated to another trust and hence the condition stipulated in section 11(2) of the income tax act was not satisfied. there was no harm in the assessing officer making the necessary verification, scrutiny and enquiry. therefore, these questions are also substantial questions of law. 6. ..... oral judgment: (s.c. dharmadhikari, j.) 1. this appeal of the revenue challenges the order passed by the income tax appellate tribunal dated 14th november, 2012. the assessment year in question is 2007-08. 2. the tribunal dealt with an appeal of the revenue, cross objections of the assessee and an appeal by the .....

Commissioner of Income-tax-18 Vs. Sambhaji Nagar Co-op. Hsg. Society L ...

Court : Mumbai

..... ) according to a circular issued by the central board of direct taxes (circular no. 684 dated 10th june, 1994 - see (1994) 208 itr (st.) 8 it was to meet the situation created by the decision in b.c. srinivasa shetty (1981) 128 itr 294 (sc) and the subsequent decisions of the high court that the finance act, 1994, amended section 55(2) to ..... in india under a scheme for demutualisation or corporatisation approved by the securities and exchange board of india established under section 3 of the securities and exchange board of india act, 1992 (15 of 1992), shall be the cost of acquisition of his original membership of the exchange: provided that the cost of a capital asset, being trading or clearing ..... 1. this income tax appeal challenges the order passed on 30th march, 2012 in income tax appeal no. 431/mum/2012. the assessment year is 2007-08. the income tax appellate tribunal (itat) was dealing with the appeal of the respondent assessee. that appeal was directed against the order of the .....

Goa Carbon Ltd. Vs. V.M. Muthuramalingam and anr.

Court : Mumbai

Reported in : 2001(2)ALLMR215; 2001(3)BomCR596; [2001]251ITR348(Bom)

..... (vi) of sub-section (1) of section 9, to have been made before the 1st day of april, 1976 ; and the provisions of the annual finance act for calculating, charging, deducting or computing income-tax shall apply in relation to such income as if such income had been received in pursuance of an agreement made ..... an indian concern in pursuance of an agreement made by the foreign company with the indian concern after the 31st day of march, 1976, and approved by the central government, the income-tax payable shall be the aggregate of- (i) the amount of income-tax calculated on the amount of income by way of dividends, ..... technical engineering consulting charges will come under technical services. as indicated above, the explanation to clause (vii) of explanation 2 to section 9 of the income-tax act has clearly defined what is ''technical services'. 'technical services' have been defined as managerial, technical or consultancy services including the provision of services of technical or other .....

LandT Finance Limited Vs. M/s. Saumya Mining Ltd and Others

Court : Mumbai

..... that the provisions of bengal money lenders act, 1940 are not applicable and that the rbi act, 1934 would govern the parties, learned counsel placed reliance on the judgment of gujarat high court in the case of radhe estate developers vs. mehta integrated finance company limited, reported in 2012(1)gujarat law reporter, 14. reliance ..... lending in any manner; (iii) such other non-banking institution or class of such institutions, as the bank may, with the previous approval of the central government and by notification in the official gazette, specify. under section 45i-a no non-banking financial company can commence or carry on the business of ..... , there does not appear to us to be any inconsistency between the state act and the central acts. before any repugnancy can arise, the following conditions must be satisfied: 1. that there is a clear and direct inconsistency between the central act and the state act. 2. that such an inconsistency is absolutely irreconcilable. 3. that the inconsistency .....