Court : Mumbai
Reported in : 2000(4)ALLMR604; 2001(1)BomCR167; [2000]246ITR63(Bom)
..... pursuant to the recommendations of the direct taxes enquiry committee headed by justice wanchoo.it is also necessary to notice a few provisions relevant herein.section 245-a defines ..... the act and accordingly moved an application in form no. 34-b of the rules on 19lh september. 1994.background legislation10. the relevant legislative background provisions of law in order to appreciate the controversy are enumerated hereinbelow :-the chapter xix-a providing for settlement of cases was introduced in the income tax act, 1961, ..... the assessee was also important fact which the settlement commission ought to have kept in mind while deciding the applicability of section 69a of the income tax act. further if as stated hereinafter the expenses were over-estimated and if there was no data regarding the dates when the projects were completed, .....
Tag this Judgment!Court : Mumbai
Reported in : 1991(3)BomCR159; [1993]203ITR848(Bom)
k. sukumaran, j. 1. soon after chapter xix-a was introduced into the income-tax act, 1961, by the taxation laws (amendment) act, 1975, the petitioner herein - rasik ramji kamani involved the facilities afforded by that benign fiscal measure, by moving the settlement commission with the necessary application. the application was admitted on ..... a proper reply to the show-cause notice under section 245hp of the act. it, accordingly, disposed of the proceedings, holding that all the cases before the income-tax and wealth-tax officer should be disposed of as if no application under section 245c of the income-tax act/section 22c of the wealth-tax act had been filed. 7. the order was challenged before this court. rule was .....
Tag this Judgment!Court : Mumbai
..... this petition under article 226 of the constitution of india, the director of income tax (international taxation), challenges the order dated 11 september 2007 passed by the income tax settlement commission (the commission) under section 245-d(2c) of the income tax act, 1961 (the act). 2. the challenge is essentially on the ground that the impugned order dated ..... 11 september 2007 of the commission was passed ignoring the statutory requirement under the act particularly the requirement of making ..... in addition to the issues delineated thereunder consider all such issues as would be relevant fro passing order under section 245d(2c) of the income tax act in the said star group of cases as to the validity; or, otherwise; of the applications filed in all those cases and shall pass .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
..... , j.1. the petitioner herein is a non-resident company. they filed an application before the income tax settlement commission on 5th march, 2007 under section 246-c of the income tax act, 1961 (hereinafter shall be referred to as the act) for settlement of the cases. by the present petition the petitioners seek to challenge the constitutional validity ..... and legality of the provisions of section 245ha(1)(iv) and section 245ha(3) of the income tax act as inserted by finance act, 2007 (hereinafter referred ..... of on or before 31st march, 2008 it would abate and consequently all the information is available to the a.o. and other authorities under the income tax act. in the instant petition we are not concerned with the issue of an application made to the settlement officer after 1st june, 2007.9. the .....
Tag this Judgment!Court : Mumbai
Reported in : [1993]202ITR74(Bom)
..... income-tax settlement commission under section 245ha of the income-tax act, 1961, and under section 22ha of the wealth-tax act, 1957. the petitioner had filed income-tax and wealth-tax applications under section 245c(1) of the income-tax act and section 22c(1) of the wealth-tax act on july 22, 1976. the application was admitted for income-tax and wealth-tax on december 15, 1976. for income-tax ..... was not entertained nor was any interim relief granted.6. on september 1, 1989, a notice under section 245ha of the income-tax act, 1961, and under section 22ha of the wealth-tax act, was served on the petitioner and the hearing was fixed on october 5, 1989. the notice informed the petitioner that the ..... on behalf of the petitioner, it is necessary to briefly refer to the relevant provisions of the income-tax act relating to settlement of cases set out in chapter xix-a of the income-tax act. the income-tax settlement commission is set up under section 245b and consists of a chairman and as many vice- .....
Tag this Judgment!Court : Mumbai
Reported in : (2005)107BOMLR61; 2006(199)ELT8(Bom)
..... that the supreme court has clearly held to the contrary as it was dealing with the post-1991 case that 'the batch of cases concerns section 245d of the income tax act, 1961 as it stood prior to 1991 and thereafter'. it is pointed out by mr. shroff that the judgment in the case of bhaskar picture palace in fact assist the ..... provide setting up of the customs and central excise settlement commissions on the lines of a similar commission already existing under the income tax act, 1961. in the said bill it is mentioned that the settlement commission will also entertain application for settlement of cases relating to the levy, assessment and collection of customs ..... set out prior to the commencement of the afore-quoted order, in which it is, interalia, stated: '11. section under which the 245-d(1) of the income the order is passed tax act 1961.''6. in his submission, the application had, therefore been rejected not only under sub-section (1-a) but also under sub-section (1). the submission has .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(201)ELT529(Bom)
..... the supreme court has clearly held to the contrary as it was dealing with the post-1991 case that 'the batch of cases concerns section 245-d of the income tax act, 1961 as it stood prior to 1991 and thereafter'. it is pointed out by mr. shroff that the judgment in the case of bhaskar picture palace in fact assist the ..... the format set out prior to the commencement of the afore-quoted order, in which it is, inter alia, stated:11. section under which the: 245-d(l) of the income tax act, 1961. order is passed6. in his submission, the application had, therefore been rejected not only under sub-section (1-a) but also under sub-section (1). the submission has ..... provide setting up of the customs and central excise settlement commissions on the lines of a similar commission already existing under the income tax act, 1961. in the said bill it is mentioned that the settlement commission will also entertain application for settlement of cases relating to the levy, assessment and collection of customs .....
Tag this Judgment!Court : Mumbai
..... granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under ..... order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section ..... the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such .....
Tag this Judgment!Court : Mumbai
..... granted, this court will have to declare the proceedings initiated under chapter xx-c of the income tax act 1961 illegal which in my view, is clearly barred under section 269un and 293 of the income tax act 1961. section 269un of the income tax act 1961 clearly provides that any order made under sub-section (1)of section 269 ud or under ..... order under section 269ud and setting aside of the proceedings under section xx-c which is barred under section 269um and 293 of the income tax act, 1961. 37. the relevant provisions of income tax act, 1961 are reproduced below: 269ud(1) : the appropriate authority, after the receipt of the statement under sub-section (3) of section ..... the appropriate authority under section 269ud or in any event is questioning the proceedings taken by the appropriate authority under section xx-c of the income tax act, 1961 which is clearly barred. learned asg submitted that by virtue of prayer for declaration for abrogation of order, plaintiff seeks setting aside of such .....
Tag this Judgment!Court : Mumbai
Reported in : 1995(3)BomCR686; [1998]92CompCas402(Bom); 1995(2)MhLj644
..... contended that the award is not enforceable in india inasmuch as it is against the public policy of india because it involves violation of chapter xxc of the income-tax act, 1961, when it provides for transfer of a flat situated in the building urvashi in a co-operative housing society from respondents nos. 1 and 2 to petitioners ..... different countries, i.e., one india and the other u.s.a. (iii) the award is not enforceable as it involves violation of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees and hence enforcement of the award without the necessary no objection certificate is against public policy. (iv) ..... subject to two different national jurisdictions. 21. thirdly, it is contended that the award is not enforceable as it involves violations of chapter xxc of the income-tax act, 1961. the flat in urvashi building is worth millions of rupees, hence enforcement of the award is against public policy as the no-objection certificate is not obtained .....
Tag this Judgment!