Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Court: mumbai Year: 2003 Page 1 of about 16 results (0.058 seconds)

American Bureau of Shipping Vs. Commissioner of Income-tax

Court : Mumbai

Reported in : (2003)185CTR(Bom)168; [2003]263ITR590(Bom)

..... executive and general administration as may be prescribed.' 6. section 44c was inserted by section 10 of the finance act no. 66 of 1976, with effect from june 1, 1976. the object and the scope of section 44c was explained by the central board of direct taxes vide circular no. 202 dated july 5, 1976 (see [1976] 105 itr ..... total income/average adjusted total income. the expression 'adjusted total income' has been defined to mean the total income computed in accordance with the provisions of the act without giving effect to the stipulated allowance/deduction. now in the present case, the adjusted total income is nil on account of the loss suffered by the assessee ..... income of the assessee. explanation.--for the purposes of this section,--(i) 'adjusted total income' means the total income computed in accordance with the provisions of this act, without giving effect to the allowance referred to in this section or in sub-section (2) of section 32 or the deduction referred to in section 32a or .....

Maharashtra Polybutones Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(158)ELT444Tri(Mum.)bai

..... process cannot be treated as c4 raffinate as supplied by ipcl. the commissioner relied upon the amendment made to section 11a(1) by section 110 of the finance act, 2000 to hold that the department can invoke the extended period of time even when the classification has been approved and the department was aware of the ..... of m/s. ipcl, regional office mumbai; shri ramesh r. mirchandani, manager (excise and customs) of m/s ipcl, vadodara, recorded under section 14 of the central excise act, 1944 it is revealed that: a. initially c4 raffinate (input) was washed with water to remove can. sometimes hydrogenation was done and then it was dried in feed ..... of polymerization of polyisobutylene (polyisobutene). hence the removal of c4 raffinate (return stream) cannot be previewed in the context of rule 57f(4)/57ab(1) of the central excise rules, 1944". (f) considering the finding of the commissioner and the submission of revenue that the c4 raffinate (return stream) emerging at the end of polymerization .....

The Icici Ltd. Vs. Dy. Cit, Special Range 36

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... id. counsel for the assessee, it is not retrospective since it does not specifically say so. according to paragraph 29.2 of the memorandum explaining the provisions of the finance (no. 2) act, 1996, the explanation will apply in respect of slb transactions made on or after the first day of october, 1996. since the provision has not been expressly made ..... to the local authority, it had no right to retain the equipment except during the term of the lease and on payment of rent.however, in the case of central heating equipment installed in a council house, a tenant thereof had a right to enjoy the land free from any right of the company which had leased out the equipment ..... . (p) ltd. (109 itr 802 at 808) (bom) (ii) jnan chand chugh v. jugal kishore agarwal & ors. air 1960 (cal) 331 at 335sirpur paper mills ltd. v. collector of central excise (1998) 1 scc 400 93. mr. dastur clarified that the crucial question before us is whether on 31.3.1993, the assessee was the owner of the equipment. it .....

Mid East Port Folio Management Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD537(Mum.)

..... learned counsel for the assessee, it is not retrospective since, it does not specifically say so. according to para. 29.2 of the memorandum explaining the provisions of the finance (no. 2) act, 1996, the explanation will apply in respect of slb transactions made on or after the first day of october, 1996, since the provision has not been expressly made retrospective ..... to the local authority, it had no right to retain the equipment except during the term of the lease and on payment of rent.however, in the case of central heating equipment installed in a council house, a tenant thereof had a right to enjoy the land free from any right of the company which had leased out the equipment ..... . (1977) 109 itr 802 at 808 (bom); (ii) jnan chand chugh v. jugal kishore agarwal and ors. air 1960 cal 331 at 335;sirpur paper mills ltd. v. collector of central excise (1998) 1 scc 400; (iv) cit v. t.m. bhumraddi and anr. (1958) 33 itr 82 (bom) at 83; and 93. mr. dastur clarified that the crucial question .....

Mukta Arts Ltd. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2004)(167)ELT85Tri(Mum.)bai

..... on the total amount of receipt from the various manufacturers of the goods whose product has been advertised, in terms of provisions of section 65(3) of chapter v of finance act, 1994. it has been held by the lower authorities that the definition of "advertising agency" is very wide and includes any commercial concern engaged in providing any service connected with .....

Borough Wellcome (i) Ltd. Vs. Commissioner of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2003)(162)ELT672Tri(Mum.)bai

..... show cause notices.7. the learned j.c.d.r. has advanced an argument that in view of the retrospective amendment to section 11a of the central excise act 1944 by the finance act, 2000 the demands are sustainable as the assessments have been done at nil rate in view of board's circular of 1996. we are unable to ..... by the board, the department is not barred from demanding duty in view of the retrospective amendment of section 11a of the central excise act, 1944 by finance act, 2001. he submits that such retrospective amendment enables the central excise authorities to demand duty since the goods were not charged to the duty and assessed to nil duty as per the ..... the board to direct the field officials not to demand duty for the earlier period and to move the government to issue a notification under section 11c the central excise act, 1944 so that the matter could have been finally set at rest instead of the field officials raising demands and the matter travelling to the commissioner (appeals) .....

Commissioner of Cus. and C. Ex. Vs. Vinubhai Steel Co. Pvt. Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2002)LC232Tri(Mum.)bai

..... the character of inputs (duty paid or not?) he observed that the relevant tariff entries, namely, headings 72 30 and 73 27 were deleted from the tariff vide finance act, 1994 and the goods were also exempted in terms of notification 45/94. the non duty paid nature of the contested goods thus stood established. on the plea ..... such ingots and rerollable materials used, without undergoing the process of melting, in the manufacture of goods falling under chapter 72 or 73 of the schedule to the central excise tariff act, 1985 (5 of 1986), may be allowed at the rate of rs. 920/- per tonne, without production of documents evidencing the payment of duty 5. ..... the cross-objections are filed by the respondents.2. the following appeals are filed by the assesses. no cross-objections have been filed by the revenue.3. the central excise duties are multipoint in the sense that during its transformation an article passes through a number of stages, being held separately excisable and dutiable at each stage. .....

Commissioner of Income-tax Vs. Ahmednagar District Central Co-operativ ...

Court : Mumbai

Reported in : (2003)185CTR(Bom)336; [2003]264ITR38(Bom); 2004(1)MhLj853

..... -92. 2. for the sake of convenience, the facts in income-tax reference no. 153 of 1998 are set out hereinbelow. 3. the assessee ahmednagar district central co-operative bank ltd., is a cooperative society carrying on business of banking. the whole amount of profits and gains attributable to the business of banking was not ..... globalisation, banking is not restricted to receiving deposits for the purposes of lending. banks offer various facilities to its customers. they provide lockers, safe deposit vaults, finance for margin trading, collecting dues and charges for and on behalf of the government, local authority, mtnl, best, mseb, etc. section 6(1)(a) of the banking ..... -bank from hiring out safe deposit vaults was income from the business of banking and, therefore, deductible under section 80p(2)(a)(i) of the income-tax act. now, in the present case, mseb and mpcs are the public undertakings. both these public undertakings were the customers of the assessee-banks. they were having .....

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 .....

industrial Minerals and Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

..... of copper sulphate in a single consignment.7. the departmental representative emphasises that copper sulphate is specifically mentioned in chapter 29 and cites board circular of the ministry of the finance 348/64/97 dated 28.10.1997. this circular provides that after the 1996 budget pesticides in bulk form will not fall in heading 38.08 and will fall either ..... directions for preparation of the mixture and a warning about its toxicity, and directions for administration of antidotes. copper sulphate figures as an insecticide in the schedule to the insecticide act, 1968. the appellant is registered with the insecticide board as a manufacturer of insecticide and it is stated that he is permitted to sell the goods only to dealers who .....