Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2002)81ITD118(Ahd.)
..... extent of customs duty benefit that has already accrued to him or that may accrue to him as and when he makes export pursuant to the export obligation undertaking by him. when the goods are imported, the following entry is passed in the books : debit : raw material purchase account credit: customs duty payable ..... the learned departmental representative very emphatically asserted that section 43b starts with a non obstante clause which reads "notwithstanding anything contained in any other provisions of this act" and it would, therefore, have an overriding effect over the other provisions of the statute superseding the definition of the word "paid" contained in section ..... in convertible foreign exchange" and formal remittance to foreign company and receipt thereafter is not necessary for the purpose of relief under section 80-o of the it act. their lordships held : "a two-way traffic is unnecessary. to insist on a formal remittance first and thereafter to receive the commission from the foreign .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2002)75TTJ(Ahd.)124
..... extent of customs duty benefit that has already accrued to him or that may accrue to him as and when he makes export pursuant to the export obligation undertaking by him. when the goods are imported, the following entry is passed in the books : since cross-payment of duty payable on imports and duty ..... india. the learned departmental representative very emphatically asserted that section 43b starts with a non obstante clause which reads "notwithstanding anything contained in any other provisions of this act" and it would, therefore, have an overriding effect over the other provisions of the statute superseding the definition of the word "paid" contained in section 43 ..... legislature used the word "income", the word may have negative connotation also in the light of the inclusive definition on income under section 2(24) of the act.the fact that the word "profit" is intended by the legislature to have positive connotation, as commonly understood in the commercial world, is further manifested by .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2001Cal213,(2001)2CALLT445(HC)
..... furnishing a bank guarantee of rupees 50 lakhs with any nationalised bank or any recognized foreign bank or by way of cash in indian currency with the registrar original side, calcutta high court. if necessary the said bank guarantee may be renewed from time to time. the undertaking given by the plaintiff in terms of the order ..... his client. 53. two other judgments were also cited by mr. mukherjee on the question of fixing the liability of the carrier in damages. one was in the case of textiles & yarn (p) ltd. v. in. steamship co., reported in : air1964cal362 . this judgment was also delivered at the final hearing of the suit for damages. relying ..... court of admiralty shall have jurisdiction over any claim for damage done by any ship.' 32. in this connection, section 2 of colonial courts of admiralty (india) act. 1891 is also pertinent and set out below: '2, appointment of colonial courts of admiralty.--the following courts of unlimited civil jurisdiction are hereby declared to be colonial .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(5)ALD56; 2001(5)ALT52
..... be commenced after the expiration of a period of three years from the date of such offence.13. the above provision was amended by the army (amendment) act, 1992 (central act no.37 of 1992) and after amendment sub-section (1) reads as under :122. period of limitation for trial :--(1) except as provided by sub- ..... system necessarily interferes or encroaches upon the human rights and fundamental rights guaranteed under part hi of the constitution of india as well as protection of human rights act, 1993, textual interpretation must lean in favour of the accused/offender. sri k.m. saxena, learned counsel for the first appellant pressed this settled principle of ..... under rule 22 of the rules. person aggrieved would also mean the commanding officer, who is competent to impose punishments as contemplated under chapter vii of the act otherwise than after conviction by court martial.23. we may passingly observe that the law of limitation in criminal jurisprudence should be interpreted strictly. as the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]252ITR88(Raj)
..... the matter and applying the law on the point as stipulated above, the finding is that the compensation has been made partible, the income-tax officer will have to undertake further enquiry as stipulated under section 171, whether, in fact, the partition had taken place in accordance with law. until such an enquiry is made, an order ..... and in the circumstances of the case, the tribunal is justified in holding that the aforesaid estate was different in nature than the estates created by the crown grants act, act 15 of 1895, and that, as such, the decision of the privy council in rajendra v. raghubans kanwar air 1918 pc 25, would not apply to ..... which the petitioner is subject, the basic incident of impartibility, viz., rule of succession by primogeniture to male line of decent remains in existence after the hindu succession act, 1956, to which undisputedly the parties are subject, which came into force with effect from june 17, 1956, the succession to all properties, including a coparcener's .....
Tag this Judgment!Court : Mumbai
Reported in : [2001(91)FLR526]; 2002(1)MhLj870
..... common ground, were allotted by the board also to other eligible applicants. in these circumstances, a division bench held that a breach of the undertaking would invite the consequences that were prescribed by the housing board for cancellation of allotment and eviction of the allottee but there was no specific ..... fraud or dishonesty in connection with the company's business or property, riotous or disorderly behaviour during working hours at the establishment or any act subversive of discipline. the industrial tribunal came to the conclusion that the employees co-operative society was an altogether independent concern or organization and ..... having committed gross misconduct consisting of (i) cheating;(ii) misappropriation; (iii) entering into and carrying on business withoutobtaining permission from the bank; (iv) acting in a manner prejudicial to theinterest of the bank; and (v) issuing cheques without sufficient balance in theaccount. 2. the disciplinary enquiry which was held against .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(2)ALLMR517; 2002(3)MhLj895
..... to follow the procedure therefor as prescribed by the council in the regulations of 1993 and unless the government obtains such a permission, it cannot undertake admissions in the proposed medical college.6. in the regulations of 1993 there is a scheme provided governing the procedure for dealing with applications for ..... be in keeping with such a plan formulated by the university. similarly, the provisions of section 64 of the maharashtra university of health sciences act, 1998 (the act for short) are binding for starting any new medical college either by the government or by any private management and the impugned decision of ..... and 12 principals of affiliated colleges by rotation, being two each representing these revenue divisions and one person nominated by each university governed by the maharashtra universities act, 1994. the management council consists of, amongst others, the vice-chancellor, the secretary, medical education and drugs department, the director of medical education and .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(3)MhLj762
..... provisions of section 92 of the maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 (for the sake of brevity, hereinafter, referred to as 'municipalities act'). the assistant town planner was also required to undertake the measurements and after fixing the boundaries, the plot came to be handed over ..... to the respondent no. 3 on 25-10-1984, after drawing a possession panchanama. however, at that time, the nominal rental compensation was not decided and the state government had not granted sanction as required under section 92 of the municipalities act ..... auction; or (ii) inviting tenders by public advertisement; or (iii) making offers to or accepting offers from any government local authority, public sector undertaking or a body corporate which is owned or controlled by government; (iv) inviting applications from persons or bodies of persons who are eligible for .....
Tag this Judgment!Court : Mumbai
Reported in : [2001(91)FLR536]; 2002(1)MhLj824
..... . on 20th december, 1999, the petitioner had issued a notice of change under section 42(1) of the bir act by which it had intended to discontinue the working of several departments situated in the textile mill of the petitioner situated at lower parel, mumbai. clause 1 of the agreement provides that the petitioner shall rationalise ..... of the workmen. payment of wages would have been a condition precedent to the future operations of the company even upon its being declared as a sick industrial undertaking. the obligation to pay wages would have been unaffected by the provisions of section 22. the agreement which was entered into on 25th december, 1999 provided that ..... counsel appearing on behalf of the petitioner states that the petitioner has moved the assets sale committee of bifr for an early disposal of the assets of the textile mill and that the petitioner has no intention to avoid making payment of the dues of the workmen under the voluntary retirement scheme. in these proceedings which .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003ACJ94; 2001(3)MPLJ554
..... decision in the case of new asiatic insurance co. ltd. v. pessumal dhanamal aswani 1958-65 acj 559 (sc), pointing out that 'the act contemplates the possibility of the policy of insurance undertaking liability to third parties providing such a contract between the insurer and the insured, that is, the person who effected the policy, as would ..... offending vehicle being tractor fell within the category of a goods vehicle as contemplated under section 95 of the old act. in the insurance policy issued by the insurer it had been indicated that the insurer was undertaking the liability only in respect of such amount as is necessary to meet the requirements or the motor vehicles ..... it has paid to the third party from the insured. the insurer thus acts as security for the third party with respect to its realising damages for the injuries suffered, but visa-vis the insured, the company does not undertake that liability or undertakes it to a limited extent'.28. this court in its decision rendered by .....
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