Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Sorted by: old Court: mumbai Page 12 of about 7,931 results (0.202 seconds)

Director of Income-tax (Exemptions) Vs. Khar Gymkhana

Court : Mumbai

..... depending on the aggregate value of receipts from commercial activities. the position remains similar when the first and second provisos of section 2(15) get substituted by the new proviso introduced w.e.f. 01-04-2016 vide finance act, 2015, changing the cut-off benchmark as 20% of the total receipts instead of the fixed limit of rs.25,00, ..... made on behalf of the revenue that the circular no.21 of 2016 would have only prospective effect in respect of assessment made subsequent to the amendment under section 2(15) of the act w.e.f. 1st april, 2016 is also not sustainable. the amendment in section 2(15) of the act brought about by finance act, 2016 w.e.f. 1st april, 2016, ..... the submission on behalf of the revenue that the trust is not genuine because it is hit by proviso to section 2(15) of the act, is in fact, negatived by circular no.21 of 2016. in fact, the above circular no.21 of 2016 clearly provides that mere receipts on account of business being in excess of the limits in the proviso .....

M/s. D.P. Jain and Company Infrastructure Pvt. Ltd. Vs. Union of India ...

Court : Mumbai

..... introduced. 22. accordingly, the appellate tribunal remanded the matter to the original adjudicating authority, namely, respondent no. 2 to grant the exemption provided under both these sections of the finance act, 2012. the appellate tribunal noted that maintenance or repair of roads was retrospectively exempted from the levy of service ..... held that section 97 and section 98 of the finance act, 1994, which provides retrospective exemption to the services, namely, repairs and maintenance of roads and repairs and maintenance of non-commercial governmental buildings were not there in the statute book when respondent no. 2 passed the order as these sections were subsequently ..... is hit by limitation. finally, whether the petitioner is liable for payment of interest under section 75 of the finance act, 1994. 56. the order refers to the wording in notification no. 17 of 2005 dated 16th june, 2005, which exempts the site formation and clearance, excavation and earthmoving and .....

M/s. Ghodawat Energy Pvt. Ltd. Vs. The State of Maharashtra, Through t ...

Court : Mumbai

..... assuming whilst denying that additional duties of excise were being levied on pan masala under the ade act even after the finance act, 2005, all tobacco products covered by the ade act were exempt from payment of additional duty of excise pursuant to notification no.11/2006-ce dated 1st march, 2006. in the circumstances, even gong by the petitioners' ..... by parliament shall be levied and collected by the government of india and shall be distributed between the union and the states in the manner provided in clause (2). (2) such percentage, as may be prescribed, of the net proceeds of any such tax or duty in any financial year shall not form part of the consolidated ..... not form part of the consolidated fund of india, but shall be assigned to that state. then comes article 268a which was inserted by constitution (88th amendment) act, 2003 (section 2) and is titled as 'service tax levied by union and collected and appropriated by the union and the states', but this article has yet to be enforced .....

In Re: the Central Talkies Circuit

Court : Mumbai

Reported in : AIR1941Bom205; (1941)43BOMLR258

..... deed sought to be registered. the grounds on which he relies, coupled with the absence of any evidence that the mother really was for any purpose,-finance, working or otherwise-, a partner in this firm do afford some ground on which the assistant commissioner could hold that this never was a genuine partnership ..... that a large cash balance of nearly a lakh and a half existed in this partnership in 1937, which made it unnecessary to secure a new financing partner, and that it is not proved that the mother has in fact brought in any capital, nor is it proved that she had any ..... . . . . 3 annas3. m.v. desai (minor son of no. l) . . . . . . 2 annas4. h.v. desai (adult son of no. 1) . . . . . . 2 annas5. ratnagauri c munim . . . . . . . . . . . . 3 annas6. nandkumar c. munim . . . . . . . . . . . . 2 annas7. charity . . . . . . . . . . . . . . . . . . 1 anna8. thereafter there came the amendment of section 16(3) of the income-tax act, in respect of shares standing in the name of a wife and minor .....

The Central Talkies Circuit, Matunga, Vs. Re.

Court : Mumbai

Reported in : [1941]9ITR44(Bom)

..... . the grounds on which he relies, coupled with the absence of any evidence that the mother really was for any purpose,-finance, working or otherwise-a partner in this firm, do afford some ground on which the assistant commissioner could hold that this never ..... balance of nearly a lakh and a half existed in this partnership in 1937, which made it unnecessary to secure a new financing partner, that it is not proved that the mother has in fact brought it in any capital, nor is it proved ..... not such as could possibly justify him in refusing to register the firm.by section 26-a of the income-tax act application may be made to the income-tax officer on behalf of any firm constituted under an instrument of partnership specifying the ..... desai (minor son of no. 1) ... 2'4. mr. h. t. desai (adult son of no. 1) ... 2'5. mrs. ratnagauri c. munim ... 3'6. mr. nandkumar c. munim ... 2'7. charity ... 1 anna.thereafter there came the amendment of section 16(3) of the income-tax act, in respect of the .....

The Patiala State Bank, in Re.

Court : Mumbai

Reported in : [1941]9ITR95(Bom)

..... should be in the affirmative. as regards the other questions, they are questions of fact, and i agree that the answers should be in affirmative also.income-tax reference no. 2 of 1940.by the court :- the answers in the second reference will be same as in the first reference, and the same order as to costs. the assessee to ..... and dominion governments, and it is to be noticed that it is in very similar terms to section 25 of the finance act of 1925, which applies to great britain.the contention of the assessee is that this act is ultra vires the indian legislature, since it does not fall within the legislative powers conferred by section 65 of the ..... in connection therewith' have to be read in british india. i find no justification for including those words in section 2 of act iii of 1926 in connection with trade, business or income arising in connection therewith . as i have pointed out, by reason of clause (2) of section 2 however the result is the same, namely, that the liability of the .....

Ratanshaw Nusserwanji Todiwalla Vs. Geoffrey William Mcelhinny

Court : Mumbai

Reported in : (1941)43BOMLR896

..... of such fees, if any, and subject to such restrictions, and on such conditions and in such form as is contemplated by section 30 of the act.44. as respondent no. 2 no longer holds the office of commissioner of excise, bombay, and as i have been today informed by the advocate general that mr. m.d. bhansali ..... be a futile argument.42. the advocate general submitted that this petition was not justified as against respondent no. 2. i do not agree with him. respondent no. 2 entertained the appeal as he was bound to do under section 60 of the act, and i think that it was necessary that he as well as the collector should be bound ..... invalid and went beyond the powers of the provincial legislature. a right to legislate as to possession of intoxicating liquors, given by item no. 31 in list ii of the seventh schedule of the government of india act, 1935, necessarily involves a right to prohibit possession. the court thought, therefore, that the provincial legislature has power so to limit possession .....

The Commissioner of Income-tax and Orissa Vs. Sir Kameshwar Singh of D ...

Court : Mumbai

Reported in : (1942)44BOMLR778

..... of the appellant's statement of case, and is repeated in his further statement of case in commenting on the six other transactions cited by the assessee. in reference to nos. (ii) and (vi), he states: 'in both these cases the assessee found himself compelled to take over the businesses and run them on, his own account in order to ..... already been advanced) was part of the promises made in the alleged agreement of october 21, 1923, (see para. 34) under which the maharaja was to finance the company, and the remainder of para. 39 is concerned with the alleged failures of the maharaja to implement his promises and in crediting the maharaja with oblique motives ..... the assistant commissioner of income-tax, and the commissioner of income-tax, the last of whom, at the request of the respondent, made a reference under section 66(2) of the act to the high court of judicature at patna, which decided the reference in favour of the respondent by a judgment dated october 17, 1939, against which the present .....

The City Municipality Vs. the Hindustan Construction Company

Court : Mumbai

Reported in : AIR1943Bom30; (1942)44BOMLR890

..... suit is maintainable to recover the octroi dues.10. it has been pointed out on behalf of the respondent that the claim being limited to rs. 364-12-3 no second appeal lies. in upholding that contention i have permitted this appeal to be converted into a civil revisional application. consequently i make the rule absolute in the civil ..... municipality, any person appointed to collect such octroi or toll may seize any animal or goods on which octroi is chargeable,...4. clause (4) of that section provides:if no such tender (as contemplated by the process claimed) is made, the property seized may be sold, and the proceeds of such sale shall be applied in payment of such ..... . accordingly the plaintiff's suit was dismissed. the plaintiff-municipality has therefore filed this second appeal.2. section 203 of the act upon which the defendant relies is as follows:--in lieu of any process of recovery allowed by or under this act or in case of failure to realise by such process the whole or any part of any .....

James Finlay and Co. Ltd. Vs. Finlay Mills, Ltd.

Court : Mumbai

Reported in : (1945)47BOMLR774

..... excess and shall, in respect of any chargeable accounting period beginning after that date, be equal to such percentage of that excess as may be fixed by the annual finance act.it is, therefore, clear that the tax is imposed in respect of any business upon certain profits of the business, and i find it very difficult to see why ..... funds. those would be voluntary deductions from the profits, which otherwise might be divided between the shareholders. but in the present case the parties have expressly agreed that no such deduction should be permitted before the ten per cent. commission on the profits to be paid to the plaintiffs is ascertained. in the same way the parties have ..... and condran, in re : condran v. stark [1917] 1 ch. 639 and a decision of the english court of appeal in patent castings syndicate, ld. v. etherington [1919] 2 ch. 254 which was followed by the court of appeal, though with some doubt on the part of scrutton l.j., in vulcan motor and engineering co. v. hampson [1921 .....