Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 chapter i preliminary Court: mumbai Page 11 of about 403 results (0.091 seconds)

S.R. Ahmad ((Since Deceased) Through His Legal Representatives Mrs. Ma ...

Court : Mumbai

Reported in : 2009(111)BomLR4086

..... which must bind by authorities including the charity commissioner. in this regard one may refer to section 26 of the bombay public trust act. the section reads thus:entries in register to be made or amended in certain cases: [1] any court of competent jurisdiction deciding any question relating to any public trust which by or under the ..... it gives rise to a jurisdictional question. if a property did not validly vest in a trust or if a trust itself is not valid in law, the authorities under the act will have no jurisdiction to determine the said question.83. with a view to determine the question as regards exclusion of jurisdiction of the civil court ..... title to the party cannot be adjudicated without the trust being party. the trust having not been joined, the suit was not maintainable. all the substantial questions of law are answered accordingly.19. the appeal, therefore, must succeed.the appeal is allowed.the judgment and decree passed by the appellate court is set aside and that of .....

Vodafone International Holdings B.V. Vs. Union of India (Uoi) and anr.

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 .....

Jet Airways (India) Limited, a Co. and ors Vs. Mr. Subrata Roy Sahara, ...

Court : Mumbai

..... section 39(1). in respect of the jurisdiction under letters patent the court observed that since arbitration act was a consolidating and amending act relating to arbitration it must be construed without any assumption that it was not intended to alter the law relating to appeals. the court held that in view of bar created by sub-section (2) ..... in the code of civil procedure 1908 by amending act 104 of 1976. (g) the present appeals are not filed under the code but are filed under clause 15 of the letters patent. it is trite law that though the appeal is not maintainable under the code, it does not become non maintainable under the letters patent. ..... in p.s. sathappan) was held to be a self-contained code. now, if arbitration act, 1940 was held to be a self-contained code, on matters pertaining to arbitration the arbitration and conciliation act, 1996, which consolidates, amends and designs the law relating to arbitration to bring it, as much as possible, in harmony with the uncitral model .....

Evans Fraser and Co. Ltd. (In Liquidation) Vs. Commissioner of Income- ...

Court : Mumbai

Reported in : (1981)25CTR(Bom)128; [1982]137ITR493(Bom); [1982]8TAXMAN22(Bom)

..... the sale, exchange, relinquishment or transfer of a capital asset, was for the first time introduced in the fiscal legislation of india by the income-tax and excess profits tax (amendment) act, 1947. this was done by inserting a new clause defining 'capital asset', namely, cl. (4a), in s. 2 of the indian i.t ..... the 'cement' binding together the business and its assets as a whole and a going and developing concern. it has been zoologically explained by rich j. in federal commissioner of taxation v. williamson [1943] 7 atd 272, quoted at pages 39-40 of the 4th edn. of the valuation of company shares and business by adamson and coorey in these ..... money.'32. the above four decisions have been referred to by the supreme court in b. c. srinivasa setty's case : [1981]128itr294(sc) , as laying down the correct law. mr. joshi, however, submitted that since the supreme court's decision referred only to the cost of acquisition, it should follow that the supreme court only partially approved of these .....

Krishi Utpanna Bazar Samiti Vs. Income-tax Officer and Others

Court : Mumbai

Reported in : [1986]158ITR742(Bom)

..... to the case of calcutta state transport corporation v. cit : [1977]108itr922(cal) , which road transport corporation under the road transport corporations act, 1950, as amended by the road transport corporations (west bengal amendment) act, 1959, was held not to be a 'local authority' within the meaning of s. 10(20) of the income-tax ..... by permissible mode of exaction. reliance was placed on certain observations in r. c. jain's case, : (1981)illj402sc . we are clear that the word taxation is used in the sense of imposition and not 'taxes' as such. equally untenable is the submission that the market committee does not perform any governmental functions. ..... prices and movement of agricultural produce, (vii) taking all possible steps to prevent adulteration and to promote grading and standardisation to enforce provisions of the apmc act, rules, bye-laws and conditions of licence, and (viii) to perform such other duties as may be prescribed from time to time. section 31 contains the power to levy .....

Smt. Jaikumari Amarbahadursingh and 8 ors. Vs. the State of Maharashtr ...

Court : Mumbai

Reported in : 2009(2)BomCR407

..... apex court in kanwarlal v. iind add. dist. judge, nainital reported in : [1995]3scr622 . in that case the question posed was whether the state could amend the grants act, which is a pre-constitutional central statute by its own enactment. that is answered in the affirmative on the basis that the state enactment concerns the rights in ..... the relevant regulations the court opined that the inevitable conclusion is that the levy of fees on ad volarem basis was in 'exercise of power of taxation' under the act to augment the revenues primarily and not as a part of regulatory measure. it found that no special benefit results to the transferee who is made ..... right but is restricted as is provided in the governing statutes. in other words, the state government will be free to impose such conditions and restrictions permissible by law in respect of occupants class-ii and government lessees, which may include levying of unearned income.26. to get over this position, counsel for the petitioners would .....

idbi Ltd. Vs. the Official Liquidator.

Court : Mumbai

..... one of the modes prescribed under the rdb act. no doubt, sub- section (2) of section 446 of the said act contains a non-obstante clause that "notwithstanding anything contained in any other law for the time being in force", however when this provision was introduced or amended, the rdb act was not in force and after coming into ..... 446(2) of the said act is ousted to the extent, the provisions ..... force of the rdb act, the jurisdiction of the company court under section .....

The Special Land Acquisition Officer Vs. Mahesh Vadilal Gandhi and ors ...

Court : Mumbai

Reported in : 1993(2)BomCR419

..... income referred to in sub-section (3) to be calculated in the manner and in accordance with the principles set out in the second schedule. by the said amending act it was provided that the amount payable for acquisition of the land shall be fixed at an amount equal to one hundred times not average monthly income actually derived from ..... per annum from date of expiry of period of one year from date of taking possession of the land till payment.34. i shall now deal with interesting questions of law raised by shri korde during course of his submissions concerning l.a.r. no. 105 1975. lands with buildings in whatever condition forming subject matter of l.a.r ..... acquisition officer or the acquiring body. perhaps no one took sufficient interests in the matter on behalf of the department on this aspect.9. several questions of fact and law were debated at the bar and the same shall have to be dealt with by the court at their appropriate place.10. the following issues arise for consideration of .....

Vijay Baburao Kamble Vs. Madhukar Sarpotdar and ors.

Court : Mumbai

Reported in : 1995(2)BomCR53; (1995)97BOMLR867

..... joinder of necessary parties to the election petition is such a fatal that the said cannot be cured by resort to the provisions of the code of civil procedure by amendment. various authorities have been referred to by the learned counsel for the 1st respondent, which i will refer to lateron.25. as against this the learned counsel for ..... behalf.39. the documents, namely exh. no. 6, c.w. 1 and c.w. 2, it would be crystal clear, have been in accordance with the above provisions of law and rules made thereunder. exh. no. 6 is issued in accordance with the provisions of section 33, exh. no. c.w. 1, a deposit receipt as per section 34 ..... candidate for the general assembly election held in february, 1990 from 37, kherwadi constituency accepted as valid by the returning officer; and (ii) whether said mr. parkar also acted as election agent for the 1st respondent during the election campaign. (iii) whether there are charges of corrupt practices made in the petition against the said election agent. 27. .....

Escorts Ltd. and Another Vs. Union of India and Others

Court : Mumbai

Reported in : [1985]57CompCas241(Bom)

..... dates of the respective purchases so as to validate those purchases.52. the foreign exchange regulation act, 1973 (act no. 46 of 1973), hereinafter referred to as 'the fera', is :'an act to consolidate and amend the law regulating certain payments, dealings in foreign exchange and securities, transactions indirectly affection foreign exchange and the ..... industry. ministry of steel and ministry of finance. he served as one-man commission appointed by the government of india to reform the system of taxation and was director general, national council of applied economic research. he was due to retire by rotation at the annual general meeting of 1985, and ..... . circular no. 9 being a statutory circular issued under the fera which does not authorised subordinate legislation with retrospective effect, it could not be amended with retrospective effect under the guise of clarifying the original intention. while these documents cannot have any retrospect effect, they are certainly valid prospectively. .....