Court : Mumbai
Reported in : AIR1997Bom79; (1996)98BOMLR915
..... lack of competitive bidding and settlement of the deal by one-to-one negotiations, lack of transparency, violation of the provisions of the electricity (supply) act, and viability of the project. lack of proper concurrence was also specifically taken as a ground by way of rejoinder. the furnishing of guarantee and counter ..... authority to the schemes of seven projects (including dabhol) of foreign firms for establishment of power plants without following the procedure asprescribed under the electricity supply act, 1948; (2) for quashing the guarantees, if any, given by the state governments concerned in favour of the foreign companies sponsoring the said projects ..... electricity board ('mseb') was concluded without proper clearance from the cea and hence, illegal. according to him, the provisions of the indian electricity (supply) act were not complied with which rendered the clearance granted by the cea irregular. it was contended that the notification of the original ppa was deficient and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1997)61ITD33(Mum.)
..... parasram brokerage and int. & co., madras.34. computation of income. income, profit & p & l a/c and balance 273-275 loss a/c. and sheet for a.y. 1992-93 bal. sheet for a.y. 1992-93.dated : 24th july, 1993. (vira construction co.) appellants." the assessee has also filed an affidavit dated 19th september, 1994 sworn by shri h.l ..... vasu and m/s. vira properties pvt.ltd. (for short company), sharing 10%, 10% and 80% respectively. the business is claimed to be agency in real estate, more particularly to act as one of the selling agents of the construction business carries on by the company, which is holding 80% interest in the partnership firm. in january 1984, the company appointed ..... -272 details of and interest for loans brokerage and int. through m/s. parasram34 computation of income. 273-275 income, profit & p & l a/c and balance a/c. and bal. sheet for a.y. 1992-93 sheet for a.y. 1992-93.place : bombay (vira construction co.)dated : 24th july, 1993. appellants." 7. the ld. d.r. very strongly .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(4)ALLMR590; (1997)99BOMLR651
..... decisions clearly demonstrate the applicability of the territoriality the presumption to the limitation on liability provisions. it is further submitted that by enacting section 2 of the said act parliament has recognised the said territoriality principles.17. it is therefore submitted that the provisions of part xa are subject to the initial test of section 2 ..... suit no. 26 of 1996 has been filed on 2.5.1995. plaintiffs in the said suit claim to be indian based company incorporated under the indian companies act and claim to be the managers of the said vessel ya mawlaya under the management agreement dated 11.4.94. after filing of the suit the plaintiffs in said ..... such application, the court may grant such interim relief as it may consider necessary, pending determination by it of the preliminary issue as to the jurisdiction.' (maharashtra act no. 65 of 1977 (19-12-1977).by plain reading of the said section it would be noticed that same makes imperative to thrash out jurisdiction issue as .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1997)63ITD20(Mum.)
..... by the assessee.the very definition of the word 'trust' would negate the plea of the departmental representative because "trust" is defined in section 3 of the indian trusts act, as an obligation annexed to the ownership of property and arising out of a confidence reposed in, and accepted by, the owner or declared and accepted by him for ..... , render it a speculative business for which there should be more than one speculative transaction carried on by the assessee, as per explanation 2 to section 28 of the act. in the instant case, as there was only one isolated transaction, the finding of the tribunal that it is loss in business and not in speculative business, is correct ..... and hence not taxing the income of the trust does not arise. under the circumstances, the assessing officer applied the provisions of section 161(1a) of the income-tax act and he charged the maximum marginal rate also.therefore, he included a sum of rs. 74,213 which represents 1096 of the interest on the deposit of rs. 7 .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(5)BomCR12; (1998)1BOMLR547; 1998(2)MhLj634
..... , or the feature of having become newly available and obtainable. this has been said with reference to the provisions of the national insurance (industrial injuries) act, 1946. 'fresh evidence' must mean 'fresh' in relation to whatever were the immediately preceding relevant proceedings.' a decision of the high court in the ..... view to preventing him in future from acting in anymanner prejudicial to the augmentation of foreign exchange, it was necessary to makethe order detaining him in custody in the central prison, pune. in ..... joint secretary (cofeposa) to the government of india, who was speciallyempowered under section 3(1) of the conservation of foreign exchange & prevention of smuggling activities act, 1974 (for short, the cofeposa). the order hasbeen passed since the detaining authority was satisfied with respect to the detenumahesh kantilal zaveri that, with a .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1998)67ITD56(Mum.)
..... - vii s. p. pandey - promoted14. g. c. negi app. authority audit - iii kamlesh argal - promoted16. prakash chandra dc(osd) sett. comm. h. c. sakharwal - promoted17. mrs. seema dc(osd) sett. comm.v. k. bakshi k. patra18. l. r. singh dc(hq) admn.ddi, unit - ii karn singh - promoted19. sudhir chandra sr. a. r. cent. rg. ..... would be that mr. tralshawala's appointment as "authorised representative' is invalid, and the further consequence would be that he cannot validly appoint mr. modi "to act" for him.28. arguments were advanced by both sides on the question whether the requirement that the notification should be gazetted is a mandatory requirement or is ..... , where the cleavage between the original and appellate jurisdictions continued to be marked due, as we have seen, to historical reasons, the functions of pleading and acting, which a legal practitioner normally combines in his own person were bifurcated and assigned, following 'the usage and the peculiar constitution of the english bar' (per .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1998)67ITD160(Mum.)
..... it reads as follows : "the dissolution of the society and adjustment of its affairs shall be in accordance with sections 13 and 14 of the societies registration act (act xxi of 1860) as amended from time to time, or in accordance with the provisions of any other law relating thereto. we, the several persons whose names ..... the memorandum prohibiting the appellant society to distribute profits but the dissolution has to be done in accordance with sections 13 and 14 of the societies registration act and underthese sections on the dissolution of the society, any surplus remaining shall be given to some other society and no member is to receive profit on ..... then there is no other charitable activity being carried on. (4) the income received for rendering specific services is correctly includable under the provision of income-tax act. (5) since the trust is conducting the activities they are not charitable and, therefore, the institution is not eligible for the benefit of exemption under section .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(5)BomCR446; 1999CriLJ2140
..... the detenu and hameed farooq were arrested on 10-8-1997 and rajesh sacheti @ vicky was arrested on 12-8-1997 under section 104 of the customs act, 1962 and produced before the additional chief metropolitan magistrate, who remanded them to judicial custody which was extended from time to time. he has filed the ..... for different buyers who had earlier required them.9. mr. pravinchandra haridas jogi in his statement recorded on 12-8-1997, under section 108 of the customs act, 1962, interalia, has stated that his brother mr. dinakarbhai jogi also resides with him and his son kaushikbhai d. jogi is in bangkok and is engaged ..... the government of maharashtra, home department (preventive detention), mantralaya, mumbai-400 032, under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (52 of 1974) seeks to challenge the same for illegality and impropriety alleged. the order of detention, grounds of detention and copies of the documents relied on .....
Tag this Judgment!Court : Mumbai
Reported in : 1999(3)ALLMR296; 2000(1)BomCR242
..... reported in the aligarh municipal board & others v. ekka tanga mazdoor & others, : 1970crilj1520 . while dealing with the imposition of sentence under the contempt of courts act, supreme court observed: 'contempt proceeding against a person who has failed to comply with the court's order serves a dual purpose: (1) vindication of the public ..... of record as embodied under articles. 129 and 215 respectively cannot be restricted and trammelled by any ordinary legislation including the provisions of the contempt of courts act. their inherent power is elastic, unfettered and not subjected to any limit. the power conferred upon the supreme court and the high court, being courts of ..... as per the scheme for sanction of the loan by financial institutions. after the loan is sanctioned by the financial institutions approval under theforeign exchange regulation act 1973 will take about 2 or 3 weeks and thereafter the sanction amount will be made available in another two weeks time of the completion of .....
Tag this Judgment!Court : Mumbai
Reported in : [1999]71ITD47(Mum); (2002)75TTJ(Mumbai)653
..... that no income be taxed during assessment year 1992-93 as submitted in the relevant ground of appeal.(iv) amendment made in section 234b of income tax act, 1961, by finance act, 1995, by applied prospectively and accordingly interest under said section for assessment year 1992-93 be limited into the date of passing an intimation under section 143 ..... of the turnover was fair and reasonable, according to the assessing officer the books cannot be relied upon and have to be rejected under section 145 of the act in view of the fact that there was certain unaccounted receipts and expenses recorded in a separate set of accounts which were found in the course of the search ..... arguments before me, the learned counsel for the assessee submitted that even if it is assumed that the assessing officer had resorted to section 145(2) of the act, still the rejection of the books cannot be upheld because he had not made the assessment under section 144 as contemplated by section 145(2). he also submitted .....
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