Judgment Search Results Home > Cases Phrase: sugar development fund act 1982 section 5 applications for loans or grants Court: mumbai Page 1 of about 150 results (0.492 seconds)

Commissioner of Income-tax Vs. Sharda Sugar Industries Ltd.

Court : Mumbai

Reported in : (1999)157CTR(Bom)151; [1999]239ITR393(Bom)

..... in a separate account and the assessee is always held accountable for the excess collection, pending decision of the supreme court. the provisions of the levy sugar price equalisation fund act, 1976, clearly imposed an obligation on the assessee to repay the money to the constituents whether the excess price was collected before or after the commencement ..... price claimed by the assessee. therefore, these cases fall within the scope of the first class of cases noticed by the supreme court in hindustan housing and land development trust ltd.'s case : [1986]161itr524(sc) , where it was held that where the right to receive payment is in dispute and it is not merely ..... on the decision of the supreme court in cit v. hindustan housing and land development trust ltd. : [1986]161itr524(sc) . the decision of this court in cit v. seksaria biswan sugar factory p. ltd. : [1992]195itr778(bom) was followed in cit v. hindustan sugar mills ltd. in the case before us, the tribunal has followed its own .....

The Solapur Promoters and Builders Association Society and anr. Vs. th ...

Court : Mumbai

Reported in : 2005(4)ALLMR484; 2005(5)BomCR626; (2005)107BOMLR287; 2005(4)MhLj445

..... planning act, 1966, to achieve the above-mentioned objectives.'7. the maharashtra regional and ..... are utilised by the said authority only for the purposes of planned development of the area within its jurisdiction, it is also being provided that a separate fund, namely 'development fund' shall be created and shown separately in the budget. the bill also contains certain other consequential and incidental amendments to the act.4. the bill seeks further to amend the maharashtra regional and town .....

Commissioner of Income-tax Vs. Chhatrapati Sahakari Sakhar Karkhana Lt ...

Court : Mumbai

Reported in : 2000(3)BomCR727; (2000)2BOMLR519; [2000]245ITR498(Bom)

..... law in not following the madhya pradesh high court's decision in the case of jiwajirao sugar co. ltd. v. cit : [1989]176itr182(mp) , in respect of the area development fund and cane development fund ?' 2. the above questions also form part of various appeals referred to above, preferred ..... b) deductions from the cane price in respect of area development fund, hutment fund, cane development fund:it is contended on behalf of the karkhana that funds under the above heads are collected by way of deductions to enable the sugar karkhana to spend within their area of operation expenditure on amenities ..... such as running of schools, colleges, maintenance of roads, irrigation, supply of fertilizers and to provide huts to homeless families. it is urged that the assessee acts .....

Commissioner of Income Tax Vs. Shri Chhatrapati Sahakari Kakhar Karkha ...

Court : Mumbai

Reported in : (2000)163CTR(Bom)275; [2000]111TAXMAN176(Bom)

..... receipts.(b) deductions from the cane-price in respect of area development fund, hutment fund, cane development fund - it is contended on behalf of karkhana that funds under above heads are collected by way of deductions to enable the sugar karkhana to spend within their area of operation expenditure on amenities such ..... in not following the madhya pradesh high court's decision in the case of jiwajirao sugar co. ltd. v. cit : [1989]176itr182(mp) , in respect of the area development fund and cane development fund ?'2. the above questions also form part of various appeals referred to above, preferred ..... as, running of schools, colleges, maintenance of roads, irrigation, supply of fertilizers and to provide huts to homeless families. it is urged that the assessee acts .....

Commissioner of Income Tax Vs. Chhatrapati Sahakari Sakhar Karkhana Lt ...

Court : Mumbai

Reported in : [2001]245ITR498(Bom)

..... in not following the madhya pradesh high court's decision in the case of jiwajirao sugar co. ltd. v. cit : [1989]176itr182(mp) , in respect of the area development fund and cane development fund?'2. the above questions also form part of various appeals referred to above, preferred by ..... (b) deductions from the cane price in respect of area development fund, hutment fund, cane development fund:it is contended on behalf of the karkhana that funds under the above heads are collected by way of deductions to enable the sugar karkhana to spend within their area of operation expenditure on amenities ..... such as running of schools, colleges, maintenance of roads, irrigation, supply of fertilizers and to provide huts to homeless families. it is urged that the assessee acts .....

Dy. Cit Vs. Manjara Shetkari Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Reported in : (2004)85TTJ(Mumbai)369

..... held that non-refundable deposits collected by the society from its members constituted trading receipt of the society. the amount collected on account of area development fund, cane development fund, chief ministers relief fund, etc. are not assessable in the hands of the society. on this basis, it was argued that the deposits not refundable to the members ..... there is, a state advised price. every state has its own method of determining it. in maharashtra 95 per cent of sugar factories are in the co-operative sector. they are governed by co-operative societies act and bye-laws framed thereunder. bye-laws 63, 64, 64a, 65a and 65b deal with fixation of price of cane. ..... the mills. the relationship between the grower and the miller is controlled under the sugarcane prices act of 1915, as amended from time to time. the marketing of sugar is undertaken by the sugar board, which acquires the total output of raw sugar, arranges for refining and sales and determines the interim price to be paid for .....

Suresh and Another Vs. State of Maharashtra Through P.S. City Chowk an ...

Court : Mumbai Aurangabad

..... is that the property purchased to the extent of 11 hector in the name of the applicant suresh puri is purchased from the funds deposited by the members of vasantrao naik institute for tribal development, and the said property is not shown as trust property and kept it in the name of rural construction sanstha and the ..... the same gat number, they are trying to transfer in the name of vasantdada sugar institute, pune by filing application under section 59a (2) of the mpt act before the learned charity commissioner, bombay, by way of amalgamation of vasantrao naik institute for tribal development, aurangabad in said institute. if the property was self acquired, there was no ..... that since beginning said land was intended to be purchased for the institution and not for the benefit of any individual. it was purchased out of the funds contributed by the founder members and by the donations given by other persons and not from the individual income as claimed by the applicants. the documents clearly .....

Deputy Commissioner of Income Vs. Manjara Shetkari Sahakari Sakhar

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2004)91ITD361(Mum.)

..... held that non-refundable deposits collected by the society from its members constituted trading receipt of the society. the amount collected on account of area development fund, cane development fund, chief minister's relief fund, etc. are not assessable in the hands of the society. on this basis it was argued that the deposits not refundable to the members ..... ii) then, there is a state advised price. every state has its own method of determining it.in maharashtra 95% of sugar factories are in the co-operative sector.they are governed by co-operative societies act and bye-laws framed thereunder. bye-laws 63, 64, 64a, 65a and 65b deal with fixation of price of cane. ..... to the mills. the relationship between the grower and the miller is controlled under the sugarcane prices act of 1915, as amended from time to time. the marketing of sugar is undertaken by the sugar board, which acquires the total output of raw sugar, arranges for refining and sales and determines the interim price to be paid for .....

Commissioner of Income-tax Vs. Malegaon Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Reported in : (2005)199CTR(Bom)658; [2005]279ITR19(Bom)

..... below:1. non-refundable deposit.2. interest on non-refundable deposit.3. c. m's relief fund.4. famine relief fund.5. hutment fund.6. y. b. chavan memorial fund.7. education fund.8. cane development fund.9. area development fund.10. college fund.11. water scarcity fund.13. in the matter of bazpur co-operative sugar factory ltd. : [1988]172itr321(sc) , in view of the rules and bye-laws of the ..... under section 79a of the maharashtra state co-operative societies act. the receipts in the form of area development fund always remained with the assessee-society. it was contended that there is specific legal obligation for the society to spend the said fund for specific purposes which are unrelated to the business of the sugar factories. and therefore, such receipts cannot be treated as income .....

Commissioner of Income-tax Vs. Shri Satpuda Tapi Parisar Sahkari Sakha ...

Court : Mumbai

Reported in : [2002]255ITR568(Bom)

..... were the subject-matter of debate in the case of cit v. chhatrapati sahakari sakhar karkhana ltd. : [2000]245itr498(bom) , like area development fund, hutment fund, cane development fund, which by virtue of the obligation created by the provisions of the byelaws and act were diverted to the state government at source by overriding title. consequently, such deductions were held not to constitute part of the ..... having been diverted at source the same was not assessable in the hands of the assessee. for the same reasons, deductions made by the sugar karkhana from the cane price on account of c. m. relief fund, education fund were also held not to constitute trading receipts of the karkhana.4. some of the items of deductions involved in the present appeals such .....