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Judgment Search Results Home > Cases Phrase: sashastra seema bal act 2007 section 39 signing in blank and failure to report Sorted by: old Court: mumbai Page 5 of about 87 results (0.109 seconds)

May 06 1999 (TRI)

Wall Street Construction Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2003)87ITD43(Mum.)

..... without prejudice that no income be taxed during asst. yr. 1992-93 as submitted in the relevant ground of appeal. (iv) amendment made in section 234b of it act, 1961, by finance act, 1995, by applied prospectively and accordingly interest under said section for asst. yr. 1992-93 be limited into the date of passing an intimation under section 143( ..... view, the accounts books of the assessee are liable to be rejected for the following reasons : (i) as a result of two search operations under section 132 of the it act, 1961 on 21st aug., 1990, and on 24th dec., 1992, a computer sheet was found, which gave details of 'on money' receipts and the assessee himself offered the ..... gross receipts in respect of the pune project and bring the same to tax. this is being done after rejecting the books of accounts under section 145 of the it act, in light of the unaccounted receipts and expenses recorded in a separate set of accounts which were found in the course of search. therefore, the gross profits has .....

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Sep 09 1999 (TRI)

Fabdeon Engineering Vs. Cce

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2000)(90)LC581Tri(Mum.)bai

..... rg 23a register. the credit balance in these registers indicates sufficiency of funds. the debit entry denotes the payment of duty and results in the reduction of credit balance. the act of payment of duty is witnessed by debit entries. if the debit entries are not made, duty can not be said to have been paid.7. the issue before the .....

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Oct 25 1999 (HC)

Berlia Chemicals and Traders (P) Ltd. Vs. Asstt. Cit

Court : Mumbai

Reported in : (2002)76TTJ(Mumbai)974

..... intention was to make it retrospectively effective, it would have specified so in no uncertain terms as was done when explanation 8 was inserted by the finance act, 1986, with retrospective effect from 1-4-1974. the situation in the present case is clearly distinguishable from the one which was before the bombay high court ..... effect from 1-4-1968. in several cases, high courts have held that even for the purposes of determining chargeable profits under the companies (profits) surtax act, the gross amount of dividends should be excluded from the total income. the legislative intent could have only been to exempt from surtax the amount of dividends ..... court held that the exclusion, therefore, of such interest income could only be of that income which formed part of the total income 'computed under the income tax act. such income, therefore, must necessarily be the net income which formed part of the total income after making permissible deductions. this was made clear, the court held .....

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Oct 25 1999 (TRI)

Berlia Chemicals and Traders (P) Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... the above discussion, it can be observed that the explanation to rule 1 was added as a consequence to the insertion of new section 80aa in the it act with retrospective effect from 1st april, 1968.thus, insertion of section 80aa with retrospective effect formed the foundation of the insertion of explanation to rule 1 of ..... effect from 1st april, 1968. in several cases, high courts have held that even for the purposes of determining chargeable profits under the companies (profits) surtax act, the gross amount of dividends should be excluded from the total income. the legislative intent could have only been to exempt from surtax the amount of dividends which ..... the high court held that the exclusion, therefore, of such interest income could only be of that income which formed part of the total income computed under the it act. such income, therefore, must necessarily be the net income which formed part of the total income after making permissible deductions. this was made clear, the court held .....

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Oct 25 1999 (HC)

Globex Financial Services Ltd. and ors. Vs. Bakulesh T. Shah and ors.

Court : Mumbai

Reported in : 2000(2)ALLMR419; (2000)102BOMLR795

..... of three hundred rupees; and the provisions of the last preceding section shall apply as if the court fees therein are payable ad valorem under the relevant court fees act.now what is again material to be noted is that the provisions of this section will apply where the subject-matter of the suit is such that it does ..... payment and selling property under charge as also restraining the party from demanding payment from the bank, the court fees would be payable under schedule 1 article 7 of the act. this was the alternative submission of mr. shah. article 7 of schedule 1 reads as follows :any other plaint, application or petition (including memorandum of appeal), to obtain ..... hands of a third party who is in wrongful possession, the suit for recovery of such shares would be governed by section 7(iv)(a) of the court fees act providing for suits for movable property where the subject-matter has no market value. mr. shah pointed out that in that matter the shares belonging to the respondent had .....

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Jan 11 2000 (HC)

Deputy Commissioner of Income Tax Vs. Asian Distributors Ltd.

Court : Mumbai

Reported in : (2001)70TTJ(Mumbai)88

..... property or any part thereof which abundantly shows that the transfer of possession should not be in part in order to constitute a 'transfer' under the income tax act. elaborating his submissions further, the learned counsel explains that section 2(47)(v) deals with complete possession of property and not mere licence or a part possession for ..... willing to perform his part of the contract, whereas no such material was furnished by the revenue.14. reverting to section 2(47)(v) of the income tax act, the learned counsel pointed out that section speaks of allowing of the possession in part-performance of the contract which implies that the transferee should be allowed the ..... persons claiming under him any right in respect of the property on which the transferee has taken or continued in possession' in section 53a of the t.p. act, the learned counsel submits that in the instant case, the assessee is not debarred from enforcing against the developer any right in respect of the property and this .....

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Jan 11 2000 (TRI)

Deputy Commissioner of Vs. Asian Distributors Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... persons claiming under him any right in respect of the property on which the transferee has taken or continued in possession" in s. 53a of the t.p.act, the learned counsel submits that in the instant case, the assessee is not debarred from enforcing against the developer any right in respect of the property and this ..... possession of the property or any part thereof' which abundantly shows that the transfer of possession should not be in part in order to constitute a 'transfer' under the it act.elaborating his submissions further, the learned counsel explains that s. 2(47)(v) deals with complete possession of property and not mere licence or a part possession for carrying ..... and w.e.f. 1st april, 1988 the legislature recognised the concept of beneficial ownership of the nature referred to in s. 53a of the transfer of property act, 1882 (t.p. act). (b) in the present case, the assessee transferred the possession of land to m/s runwal investments (p) ltd., the company engaged in the business of .....

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Feb 07 2000 (TRI)

income Tax Officer Vs. Estate of Late K. S. Engineer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... legal representatives other than executors. as regards the assessment of executors, the high court noticed that a separate provision has been made in s. 168 of the new act. after noticing the provision, the high court proceeded to examine the tribunal's conclusion that the arrears of fees cannot be regarded as the income of the estate ..... executors under the will. the deceased was to act as a life director for a company. as per the agreement, upon termination thereof, summersgill or his legal heirs or executors were entitled to a proportionate part of his ..... heirs is concerned, it is necessary to briefly notice the facts in the decision which he cited [late f.summersgill (supra)]. there, the case arose under the 1922 act for the asst. yr. 1958-59. the assessees were the executors of the estate of late frank summersgill. regenold mathalane and k. v. parekh were appointed as the .....

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Feb 17 2000 (HC)

income Tax Officer Vs. Estate of Late K.S. Engineer

Court : Mumbai

Reported in : (2001)70TTJ(Mumbai)161

..... . vishwanath shastri's estate : [1980]121itr270(mad) relied by the assessing officer in the assessment for invoking provisions of section 176(4) of the income tax act, and treating the executors as recipient thereof within the meaning of section 176(4) and thereby erred in deleting the addition made by assessing officer under section 176(4 ..... the executors of the estate of late frank summersgill. regenold mathalane and k.v. parekh were appointed as the executors under the will. the deceased was to act as a life director for a company. as per the agreement, upon termination thereof, summersgill or his legal heirs or executors were entitled to a proportionate part of ..... representatives other than executors. as regards the assessment of executors, the high court noticed that a separate provision has been made in section 168 of the new act. after noticing the provision, the high court proceeded to examine the tribunal's conclusion that the arrears of fees cannot be regarded as the income of the .....

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Apr 26 2000 (HC)

Shramik Sena and Another Vs. M/S. Indian Petrochemicals Corporation Lt ...

Court : Mumbai

Reported in : 2000(4)ALLMR212; 2000(4)BomCR718; [2000(87)FLR769]; (2000)IILLJ1633Bom; 2000(4)MhLj315

..... b), (c) & (d) of the conditions for regularisation, be retrenched in accordance with law after following the provisions of chapter v-b of the industrial disputes act, 1947. 9. the respondents are directed to initiate and complete the process of regularisation in accordance with the directions issued by this court in its judgment dated 29- ..... service of the corporation because they do not fulfil any of the first four directions, shall be considered in accordance with the provisions of the industrial disputes act, 1947 when fresh recruitment to the canteen staff is made by the corporation. the workers are required to be given retrenchment compensation in accordance with law. ..... corporation and employs more than 250 workmen at its factory at nagothane. a canteen is required to be maintained under the mandate of section 46 of the factories act, 1948. the canteen is thus a 'statutory' canteen. the workers in respect of whom the present petition has been filed, have been engaged continuously through .....

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