Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2003 section 5 amendment of section 115s Sorted by: recent Court: mumbai Page 1 of about 1,670 results (0.119 seconds)

Satpuda Tapi Parisar Sahakari Sakhar Karkhana Ltd. Vs. Commissioner of ...

Court : Mumbai

Reported in : 2009(4)BomCR686; [2009]183TAXMAN404(Bom)

..... being a seller shall at the time, during the period beginning on the 1st day of june 2003 and ending on the day immediately preceding the date on which the taxation laws (amendment) act, 2003 comes into force, of debiting of the amount payable by the buyer to the account of the buyer or of receipt of such amount from the said buyer in ..... collect the tax for the relevant period. section 206c would, therefore, not be attracted. to that extent the respondents 1 and 2 have held otherwise clearly discloses error of law apparent on the face of the record.in the light of that petition will have to be allowed and allowed in terms of prayer clause (a)(ii). consequently the petition ..... from collecting the tax it cannot be said that he would be liable under sub-section (6) of section 206c. a duty was cast on the petitioner by operation of law. petitioner could not discharge that duty by virtue of an order of this court. the question, therefore, of calling on him to pay the amount which he was disabled .....

Plastiblends India Ltd., a Company Incorporated Under the Companies Ac ...

Court : Mumbai

Reported in : (2009)223CTR(Bom)291; [2009]178TAXMAN397(Bom)

..... from 1.4.2002 and, therefore, the tribunal erred in holding that omission of section 34(1) by taxation laws (amendment and miscellaneous provisions) act, 1986 changed the legal complexion. he further reiterated that explanation 5 to section 32 of the act as inserted by the finance act, 2001 with effect from 1st april, 2002 clearly demonstrates that prior thereto depreciation could not be thrusted on ..... irrespective of whether depreciation allowance was claimed as a deduction under section 32 of the act in arriving at the business income. the tribunal also held that there is no provision in the act for disclaimer of depreciation. omission of section 34(1) by the taxation laws (amendment & miscellaneous provisions) act, 1986 leads to the conclusion that assessee has no option to not to claim depreciation .....

Joint Commissioner of Income-tax Vs. Montgomery Emerging Markets Fund

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)100ITD217(Mum.)

..... has also been made to circular no. 8 of 2002 dated 27-8-2002 issued by the cbdt containing the explanatory notes on finance act, 2002 relating to direct taxes. the finance act, 2002 has amended the law relating to set off and carry forward of losses as they stood for the period from assessment years 1988-89 to 2002-03. the ..... considered is 'what is source of income? long term capital gains as well as short term capital gains and the losses also are considered for taxation under a common head "capital gains". the law states that under a particular head, there could be a number of sources of income out of which assessee may incur loss in respect of ..... below: whether under the facts and circumstances of the case, setting off of short term capital gains against long term capital losses is permissible to compute the amount for taxation under the head 'capital gains'.16. we heard shri r.k. rai, the learned commissioner of income-tax appearing for the revenue. the detailed arguments made by the .....

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

Court : Mumbai

..... thereunder from the first schedule to ade act 1957 vide section 10, taxation laws (amendment) act, 2007 (act no.16 of 2007) effective from 1st april, 2007, without losing share of central taxes. this enabled states to levy vat on tobacco ..... 5 is annexed as annexure-e to the paper-book. 18. the petitioner has also brought to our notice the following changes which were made by the taxation laws (amendment act, 2007. these, according to the petitioner, are as under: 19. the parliament omitted chapter headings 2401, 2402 and 2403 and sub-heading and tariff item ..... heading 2403 was omitted from the first schedule to the ade act only with effect from 1st april, 2007, vide section 10 of the taxation laws (amendment) act, 2007 (act no.16 of 2007) read with the notification dated 29th march, 2007. the schedule entry a-45 was amended with effect from 1st april, 2007, to delete reference to tobacco .....

Somaiya Organo-Chemicals Ltd. Vs. The Commissioner of Income Tax Bomba ...

Court : Mumbai

..... why the interpretation proposed by us can be said to be in accordance with the intended purpose of the legislature. section 3 of the act, which defines previous year substituted by the direct tax laws (amendment) act, 1987 with effect from 1.4.1989, in effect did away with varying meanings of the term previous year and defined it as ' ..... annual value cannot be constructed to mean that even though the previous year may be of a longer period, only 12 months notional income shall be taken into account for taxation. 12. the gujarat high court in the case of vxl india ltd. vs. income tax officer (1987) 66 ctr 0089) considered the condition laid down by ..... 18 months. the court negatived the contention holding that the previous year being of a period of 18 months, the entire income of the period must necessarily be subject to taxation. the court, in particular, observed as follows: normally, the previous year is only of 12 months' duration. but when in the particular circumstances, it has been .....

Finolex Cables Limited and Another Vs. The State of Maharashtra and Ot ...

Court : Mumbai

..... say and submit that section 41d of the bst act amended by way of insertion by maharashtra act xvi of 1995 called the maharashtra tax laws (levy and amendment) act, 1995 and rule 31aaa of the bombay sales tax rules, 1959 amended by way of insertion by notification no. str-1195/cr-80/taxation-i dated 31st may, 1996 are ultra vires ..... certificate has been granted shall be eligible to draw the benefits in any year, whether preceding or succeeding the date of commencement of the maharashtra tax laws (levy and amendment) act, 1995, in respect of the production in excess of the annual production capacity of that unit as may be prescribed by the state government, having ..... certificate has been granted shall be eligible to draw the benefits in any year, whether preceding or succeeding the date of commencement of the maharashtra tax laws (levy and amendment) act, 1995 (mah. xvi of 1995), in respect of the production in excess of the annual production capacity of that unit as may be prescribed by .....

Mahyco Monsanto Biotech (India) Pvt. Ltd. and Others Vs. THE UNION OF ...

Court : Mumbai

..... there is, therefore, a transfer of the right to use those marks. in any case, certain amendments to the mvat act make all this moot: trade mark assignments and franchise agreements are both now brought into the sweep of the local sales tax law. 4. having closely considered the submissions, we are of the view that the monsanto petition must ..... writ petition under article 226 of the constitution of india, challenges item (12) under the notification no. vat-1505/cr-114/taxation-1 dated 1st june 2005 as being ultra vires section 6 of the mvat act and article 246 of the constitution. 55. a brief description of subway s business is this. subway was granted a non- ..... two. he urges that franchises and trade marks , are expressly covered under the mvat act since 2005. the government of maharashtra, under the powers conferred by entry 39 of schedule c of the mvat act, issued a notification (no. vat-1505/cr-114/taxation-1), dated 1st june 2005, in which trade marks and franchises were included as .....

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

Court : Mumbai

..... the legislature throughout has been to include the statement of the witnesses made before police during the investigation for being used at the trial for any purpose and the amendments from time to time were only intended to make clear the object and to dispel cloud cast on such intention. it is in that regard the hon'ble ..... any property immovable or otherwise could be brought, then, we do not think that we should uphold the argument of mr. sridharan. it is clear that in matter of taxation, when the language of the section or provision is clear and unambiguous, then, the court must give effect to it. there is no question of then interpreting the ..... passed by the appellate tribunal holding that the activities pertaining to runway will not be entitled for exemption in terms of section 97 and 98 of the finance act is sustainable in law? (b) whether in the facts and circumstances of the case, the activity of repair and maintenance of runway undertaken by the petitioners will be taxable under .....

Director of Income Tax (Exemptions) Vs. M/s. Lala Lajpatrai Memorial T ...

Court : Mumbai

..... (e) that on verification of the record of the assessee, it was prima facie found that the first proviso to section 2 (15) of the act as inserted by an amendment to the act with effect from a.y.2009-10 was attracted in view of the income earned by the assessee from letting out of the said premises. 6. at ..... to promote and/or establish colleges and schools. the income which was received by the assessee from letting out the premises to lala lajpatrai institute was claimed as exempted from taxation. this was the position right from 1976 till the assessment year in question (a.y.200910). 5. the income tax officer (exemption) for a.y.2009-10 ..... to the 'advancement of education' then as per requirement of section 11(4a) separate accounts ought to have been maintained. it is therefore, contended that the question of law as formulated would arise for consideration of this court. 13. on the other hand, learned counsel for the assessee supported the order passed by the tribunal. the assessee would .....

State Bank of India and Others Vs. State of Maharashtra, through the S ...

Court : Mumbai

..... institutions to impound on or before 30th september, 2013 such instrument which are executed prior to the commencement of the date of maharashtra tax law (levy and amendment) act 2013 (maharashtra act viii of 2013) in which proper stamp duty is not paid and to forward it to the collector for recovery and on failure to do ..... to verify the adequacy of stamp duty paid on the instrument executed by or in favour of the financial institution prior to commencement of maharashtra tax laws (levy and amendment) act 2013 and upon identifying the said instrument with deficit stamp duty to impound the same without specifying ground of making such classification. the petitioner has ..... in law and not in fact. i say that the stamp duty is a tax and hardship is not relevant in interpreting fiscal statutes are well known principles. in the field of taxation the legislature enjoys greater latitude for classification. 23(g) i say that the obligation impounded by the amendment to the maharashtra stamp act by .....