Court : Mumbai
..... cbdt in exercise of powers under section 90 of the income tax act 1961 clarified that capital gains derived by any resident of mauritius on the alienation of shares of an indian company shall be taxable only in mauritius according to the taxation laws of that country and would not be liable to tax in india ..... operations". the presentation of comparative information in respect of the six months ended 30 june 2006 which was previously reported in the 2006 interim accounts has been amended to conform with the requirements of hkfrs 5.subsequently, essar teleholdings limited ("eth"), a shareholder of hutchison essar, and certain affiliates (collectively essar") asserted ..... that the tax authority is not competent to treat the petitioner as an assessee in default under section 201, as amended by the finance act, 2008 and the amendment to section 201 by the finance act, 2008 is unconstitutional. we have not considered it appropriate to adjudicate upon the submission of dr.singhvi at this stage .....
Tag this Judgment!Court : Mumbai
..... v. meenakshi mills ltd and another), this is what is held: ..... "assuming that the factors mentioned in sub-s (3) s.25n as substituted by amending act 49 of 1984, are declaratory in nature and are required to be taken into consideration by the appropriate government or the authority while passing an order under sub- ..... does not include the business that is proposed to be carried out, subject to such modification or amendment thereof, the same would be carried out, that would suffice and protect the interest of all concerned. the law does not prohibit other business being carried on by the company in liquidation after the winding up order ..... memorandum of understanding signed by the rashtriya mill mazdoor sangh, then, their claims have to be adjudicated independent of the memorandum of understanding and in accordance with law. the workers would then get much more amount which is assured in terms of the memorandum of understanding. therefore, the memorandum of understanding with rashtriya mill .....
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..... orders, from time to time, before the date of commencement of the bombay primary education and the maharashtra employees of private schools (conditions of service) regulation (amendment) act, 2011, shall continue to be in force unless they are modified or revoked by the government. 11) reverting to the issue under consideration, there is force ..... satisfaction in that behalf. for, if the appointment order on contractual basis were to be made subject matter of challenge before any authority or court of law, in such inquiry, it may be open to examine the controversy on the touchstone of permissibility of judicial review of such decision. if finding of colourable ..... prescribed. but, that does not necessarily mean that the inherent powers of the management to make appointment on contractual basis, is expressly or impliedly taken away, by law. there is nothing in this sub-section to indicate to the contrary. 13) indeed, this provision obliges the management to fill in the permanent vacancy as .....
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..... 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 .....
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..... the state policy as interpreted in the said judgment are sought to be implemented by the impugned amendment act. he urged that the amendment act including section 5d brought by the amendment act is in the interest of general public. he urged that the law laid down by the apex court in the aforesaid decision is that not only indian cows ..... petitioners in writ petition no.9996 of 2015 urged that on 8th january 2007, the animal husbandry department wrote a letter to the law and judiciary department stating that the bill of the amendment act be withdrawn and hearing must be given to all the concerned. notwithstanding this view, there were no deliberations made by the government of ..... social interests by the state exercising its power such as police power, the power of eminent domain, the power of taxation etc. the proper exercise of the power which is called the due process of law is controlled by the supreme court of america. in india the word liberty has been qualified by the word personal , .....
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..... 87) a perusal of these definitions together with the section 1(2) would denote as to how the maharashtra value added tax act extends to the whole of maharashtra. it is an act to consolidate and amend the laws relating to the levy and collection of tax on the sale or purchase of certain goods in the state of maharashtra. 88. therefore ..... liable to pay tax in respect of the sale of such motor spirit to the first mentioned trader under the bombay sales of motor spirit taxation act 1946, or the bombay sales of motor spirit taxation act 1946 as extended to the kutch area of the state of bombay and (iii) which has not been processed or altered by him ..... have traditionally been taxed separately, however subject to a single point levy , as done previously under the erstwhile bombay sales of motor spirit taxation act 1958. the relevant charging section 5 of the erstwhile act, provided as follows: 5(1) there shall be levied and collected a tax on the sale or purchases of motor spirit at such stage .....
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..... shall be called in question on the ground only of any defect in the constitution of, or the existence of any vacancy in, the company law board. (4a) omitted by the companies (amendment) act, 1988 with effect from 31-5-1991. (4b) the board may, by order in writing, form one or more benches from among its members and authorize each such bench ..... the administering and the functioning of the clb including the regional benches. unlike the case of devi das gopal krishnan (supra) where, under the punjab general sales tax act, 1948, the excise and taxation commissioner was the final controlling authority and was empowered to superintend the administrative and collection of leviable tax, there is no general controlling authority or power to superintend .....
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..... proper prospective a conspectus of the essential provisions of the earlier law and later law pertaining to prescription of ceiling on agricultural holdings is necessary. 9. in 1955, the rajasthan tenancy act 1955 was enacted. by the rajasthan tenancy (amendment) act, for the first time, provisions in chapter iiib prescribing a ..... ceilings on holdings of agricultural lands got introduced into the '1955 act', this amending act of ..... applicable to him, shall file a declaration within six months from the notified-date. the law fixed 30 standard acres as the ceiling area. thereafter, successive amendments were made to chapter iiib of the '1955 act' which, while maintaining the ceiling at 30 standard acres, however, recognised certain transfers effected .....
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..... appellant has paid aed (gsi) approximately 6.48 crores in cash on manmade fabrics. the appellants filed an affidavit dated 4th june, 2013 of their general manager (indirect taxation) before the tribunal stating the aforesaid facts on oath and annexing to the said affidavit details of payment of various duties duly certified by the superintendent of central excise. ..... respect of the goods specified in the schedule shall be in addition to the duties of excise chargeable on such goods under the central excise act, 1944 (1 of 1944), or any other law for the time being in force and shall be levied for the purpose of union and the proceeds thereof shall not be distributed among the ..... , under a mistake of law, the appellant did not utilise the credit of aed (tandta) on the tops towards the payment of duty on any other final products viz. fabric, blanket, shawls etc. 12. by a notification no. 27/2000-c.e.(nt) dated 31st march, 2000, the government of india amended the central excise rules, 1944 by .....
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..... the notes on clause 112 which read as under: the sea customs act which lays down the basic law relating to customs was enacted more than 80 years ago. it has been amended from time to time and some important amendments were made by the sea customs (amendment) act, 1955. general and comprehensive revision of the act has not so far been undertaken. several provisions of the ..... be ignored on the basis that it does not appear logical. the apex court in martand dairy and farm vs. u.o.i. (1975(4) scc 313)had observed that taxation consideration may stem from administrative experience and other factors of life and not artistic visualisation or neat logic and so the literal, though pedestrian interpretation must prevail. similarly, in azamjaha .....
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