Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 chapter ii central sales tax Court: mumbai Page 7 of about 406 results (0.152 seconds)

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 .....

Bratindranath Banerjee, Director, Standard Chartered Bank Vs. Hiten P. ...

Court : Mumbai

Reported in : 1994(4)BomCR237

..... be considered in the light of the object for which these sections were incorporated. these sections were incorporated by the banking public financial institutions and negotiable instruments laws (amendment) act, 1988 (66 of 1988) for meeting a situation which was prevailing in the society. it was found by the legislature that a large number of cheques ..... the charge is not an accusation made or information given in abstract but an accusation made against a person in respect of an act committed or omitted in violation of a penal law forbidding or commanding it. mr. ovalekar submitted that, therefore, there must be precise formulation of a specific accusation made against a ..... .r. (1961) s.c. 1316, it was held that section 118 of the negotiable instruments act lays down the special rule of evidence applicable to negotiable instruments. it was held that this is a presumption of law and thereunder the court must presume that the negotiable instrument or the endorsement was made for consideration. .....

Indian Plastics Ltd. Vs. Union of India

Court : Mumbai

Reported in : 1994(3)BomCR91; 1993(68)ELT308(Bom)

..... person: provided that where an application for refund has been made before the commencement of the central excises and customs laws (amendment) act, 1991, such application shall be deemed to have been made under this sub-section as amended by the said act and same shall be dealt with in accordance with provisions of sub- section (2) substituted by that ..... c. limited v. m. k. chipkar and others [1985] (22) e. l. t. 334. on september 20, 1991, provisions of section 11b of the act were further amended. section 11b of the act with effect from september 20, 1991 under-went substantial changes and it is necessary to set out provisions of sub-sections (1), (2) and (3) of section ..... the high court in exercise of article 226 of the constitution of india should direct refund of tax when the provisions of the assam taxation (on goods carried by road and inland waterways) act, 1954 was declared ultra vires the constitution by supreme court. the supreme court observed that normally in a case where tax or .....

The Commissioner of Income Tax Vs. Godaveri (Mannar) Sahakari Sakhar K ...

Court : Mumbai

Reported in : (2007)109BOMLR2273; (2007)212CTR(Bom)384; [2008]298ITR149(Bom)

..... which we have earlier noted the only mischief that the amendment if and at all seeks to obviate is the need to eliminate ..... . (supra).16. in the first instance the amendment is made applicable from the assessment year 2004-2005. similarly, in interpreting statutory provisions, the court also considers the mischief rule, namely what was the state of law before the act or the amendment and what is the mischief that the act or the amendment seeks to avoid. from the normal aids to construction ..... the case, the tribunal was right in law in directing to allow the claim in respect of delayed payment of pf, if it has been paid upto the date of filing of return of income ignoring the fact that said amendment to the provisions of section 43b of the i.t. act was made with effect from 1st april, .....

Vodafone International Holdings B.V., a Company Incorporated Under the ...

Court : Mumbai

Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)

..... deduction, the petitioners cannot escape from such consequences.vii) it is a submission of the revenue that there has been no change in the substantive law either by the amendments made by the finance act of 2002 or of 2003 or of 2008. a comparative chart showing how these provisions (section 191, 200 and 201) stood at different points ..... period is not forthcoming. it is no doubt true that the state has enormous powers in the matter of legislation and in enacting fiscal laws. great leverage is allowed in the matter of taxation laws because several fiscal adjustments have to be made by the government depending upon the needs of the revenue and the economic circumstances prevailing in ..... is to be paid. if there is any ambiguity regarding any of these ingredients in a taxation statute then there is no tax in law. then it is for the legislature to do the needful in the matter. the position pre-2008 amendment:8. mr. chagla, the learned senior counsel for the petitioner states, that section 201 on .....

The Commissioner of Income-tax Vs. Emptee Poly-yarn Pvt. Ltd.

Court : Mumbai

Reported in : (2008)110BOMLR1148; (2008)218CTR(Bom)657

..... : [1993]204itr412(sc) the supreme court noted 'the words 'manufacture' and 'production' have received extensive judicial attention both under this act as well as central excise act and the various sales tax laws. the word 'production' has a wider connotation than the word 'manufacture'. while every manufacture can be characterised as production, every production ..... different article or commodity results after processing then it would be a manufacturing activity. 'manufacturing' activity was also explained in deputy commissioner of sales tax (law) board of revenue(taxes) ernakulam v. pio food packers : 1980(6)elt343(sc) . the court noted as under:the generally prevalent test is whether ..... 'manufacture' has not been defined under the income tax act, but had been defined in section 2(f) of the central excise act, 1944. the court also referred to the dictionary meanings of the word 'manufacture' in black's law dictionary and halsbury's laws of england as also the dictionary meaning of the words .....

Plastiblends India Limited a Company Incorporated Under the Companies ...

Court : Mumbai

Reported in : 2009(111)BomLR4592; (2009)227CTR(Bom)1; [2009]318ITR352(Bom); 2010(1)MhLj526; [2009]185TAXMAN187(Bom)

..... held that section 80m cannot be interpreted in a manner so as to confer additional benefit which would go beyond what is required for saving the amount of dividend from taxation once again in the hands of the assessee. therefore, even in the case of distributors baroda (p) ltd. (supra) the apex court has held that the computation ..... although it is contended on behalf of the revenue that the decision of the apex court in the case of mahendra mills (supra) is rendered ineffective by the subsequent amendments, we do not consider it necessary to deal with that argument, because, in our opinion, even assuming that in the year in question the assessee had an ..... rejected. in the present case, the assessee by not claiming current depreciation seeks to inflate the profit linked incentives provided under section 80ia of the act which is not permissible as per the law laid down by the apex court.40. strong reliance was placed by the counsel for the assessee on the constitution bench decision of the apex .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... from a separate business or under a different head of income.enactment of section 14a :19. by the finance act of 2001, parliament enacted section 14a with retrospective effect from 1 april 1962 to amend the law by taking away the basis of the judgments of the supreme court in indian bank, maharashtra sugar and rajasthan ..... has been adopted is capricious, fanciful, arbitrary or clearly unjust, the court would be loathe to strike down the law :"it is true taxation law cannot claim immunity from the equality clause of the constitution. the taxation statute shall not also be arbitrary and oppressive, but at the same time the court cannot, for obvious reasons, ..... of three learned judges of the supreme court observed, following the decision in r.k. garg v. union of india24 that laws relating to the field of taxation "enjoy a greater latitude than laws touching civil rights" and such legislation ought not to be struck down "merely on account of crudities and inequities inasmuch as such .....

Prabhudas Damodar Kotecha and anr. Vs. Smt. Manharbala Jeram Damodar a ...

Court : Mumbai

Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341

..... that a statute is best interpreted when we know why it was enacted. we, therefore, would like to examine the necessity which gave rise to the 1976 amendment act and look at the mischief which the legislature intended to redress.54. it is pertinent to note that the division bench in ramesh dwarkadas mehra's case after ..... to the cure and remedy according to the true intent of the makers of the act pro bono public (for the public good).there is some presumption that an act passed to amend the law is directed against defects which came into notice about the time when the act was passed.61. clubbing of the 'licensor and licensee' with 'landlord and tenant ..... ', in section 41(1) of pscc act, and clubbing of causes relating to recovery of license fee .....

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

..... the sales tax officer cancelled the specification and issued a show cause notice as to why registration should not be amended so as to exclude certain items. the assessee in reply to the show cause notice contended that all the articles ..... considered as a preferred alternative to rationalize the overall tax burden so as to obviate the cascading effects of indirect taxation. moreover, vat was to replace existing systems of inspection by a system of built in self assessment by dealers and ..... the tribunal) in appeal nos.st/49/2007 and st/145/2009. the appellnt has raised the following substantial questions of law:- 1. whether in the facts and circumstances of the case, the appellate tribunal was correct and justified in holding that ..... that 'cinema arc carbons' can, therefore, be brought under entry no.4 of schedule i of a.p. general sales tax act,1957, which reads as under:- cinematographic equipment, including cameras, projectors, and sound recording and reproducing equipment, lenses, films and .....