Court : Mumbai
Reported in : 2003(3)ALLMR9; 2003(4)BomCR14; (2002)2BOMLR888; 2004(1)MhLj87
..... the first respondent, state of maharashtra by an ordinance dated 1st may 1998 has inter alia sought to amend schedule 'c' of the bombay sales tax act, with retrospective effect from 1st april 1997, by adding item 26(6) to include tax on 'credit of duty entitlement pass book' at 4% schedule 'c' to the bombay sales tax act prescribes the goods, other than declared goods, the sale or purchase of which is subject to sales tax or purchase tax, and the rates of tax. ..... section 8 of the bombay sales tax act provides for the levy of value added sales tax on goods specified in schedule 'c'. ..... there cannot be sale or purchase of money for value, as such the 'money' was deliberately and consciously excluded by the legislature from the purview of the definition of 'goods' under section 2(13) of the bombay sales tax act. ..... sometimes, it may fetch the same or more value or even less value than the credit reflected in the depb depending upon the market fluctuations. ..... chapter vi provides for every dealer liable to pay tax under the act and every other dealer required so to do by the commissioner by notice served on him in the prescribed manner to keep a true account of the value of the goods purchased or sold by him. ..... in his submission, merely because the credit is valued and denominated in terms of money that by itself does not make it a money nor would it become 'money' only because the mechanism of debit/credit could be compared to a pass book provided by a banking company to its account holders. .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]68ITR94(Bom)
..... 68,583 representing the difference between the cost and the market value of the shares claimed in the computation accompanying the return of income has been added back in the computation accompanying the return of income has been added back... ..... dealing with the provisions of section 23a before its amendment in 1955 (and for the purposes of the reference before us the provisions of the amended section are not materially different), the supreme court laid down in that case three principles on the general construction of section 23a in regard to which the supreme court observed at page 181 : 'this section was introduced to prevent exploitation of juristic personality of a private company by the members thereof for the purpose of evading higher taxation. ..... , in construing section 21(1) of the tanganyika income-tax (consolidation) ordinance (27 of 1950) - a provision in pari material with section 23a of our act : 'the form of words used no doubt lends itself to the suggestion that regard should be paid only to the two matters mentioned, but it appears to their lordships that it is impossible to arrive at a conclusion as to reasonableness by considering the two matters mentioned isolated form other relevant factors. .....
Tag this Judgment!Court : Mumbai
Reported in : [2009]149CompCas129(Bom); [2008]82SCL303(Bom)
..... value of the creditors, or class of creditors, or members, or class of members as the case may be, present and voting either in person or, where proxies are allowed under the rules made under section 643, by proxy, at the meeting, agree to any compromise or arrangement, the compromise or arrangement shall, if sanctioned by the tribunal, be binding on all the creditors, all the creditors of the class, all the members, or all the members of the class, as the case may be, and also on the company, or, in the case of a company which is being wound-up, on the liquidator and contributories of the ..... adding such clauses and/or amending clauses as prayed by the applicant, without considering the psc and/or government policy is beyond the ..... force in the contention as raised by the learned senior counsel for the respondents based upon the statement made in the annual report of the applicants company of the year ended march 2007 published on 25.4.2007 that the applicants-company ..... articles for references are: article 6 'management committee', article 7 'operatorship, operating agreement and operating committee', article 8 'general rights and obligations of the parties', article 10 'discovery, development and production', article 15 'recovery of cost petroleum', article 16 'production sharing of petroleum', article 17 'taxes, royalties, rental and duties', article 18 'domestic supply, sale, disposal and export of crude oil and condensate', article 19 'valuation of petroleum', article 21 'natural .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(4)ALLMR651; 2007(5)BomCR1; 2007(5)MhLj341
..... ramesh dwarkadas mehra's case the division bench has exhaustively discussed the concept of license under the easement act; the legislative history of pscc; section 42a as added by the 1963 amendment; the legislative history of rent act since 1925; 1976 and 1982 amendments to pscc act; and the provisions of section 41 prior to amendment of 1976 and the legislative intent of amending section 41 for introducing the word 'licensee' in place of permission in right perspective and has answered the questions that fell for its ..... act or in any other law for the time being in force, but subject to the provisions of sub-section (2), the court of the small cause shall have jurisdiction to entertain and try all suits and proceedings between a licensor and licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property situated in greater bombay, or relating to the recovery of any license fee or charges or rent therefore, irrespective of the value of the subject-matter of such suits or proceedings. ..... of opinion by the division bench in bhagirathi lingawade's case in paragraph 5 in our opinion, is the expression of opinion on the question of law which has a binding force and that it is in conflict with the view/opinion expressed by the co-ordinate bench in ramesh ..... devendra singh air 2007 sc 2724, has observed that 'if a plain meaning can be given effect to, there is no reason why ..... assistant commissioner of commercial taxes : 2000(115)elt273(sc) supports this .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR3617; (2009)225CTR(Bom)140; [2009]317ITR66(Bom); [2009]184TAXMAN400(Bom)
..... even on such admission, no interest was required to be paid.post amendment(v) while the notes on clauses of the finance bill, 2007 provide no reason whatsoever for the amendments proposed by clauses 53 to 61 of the said bill, the memorandum explaining the provisions of the said bill purports to provide the reason for the said amendments stating that:chapter xix-a of the income-tax act contains provisions relating to settlement of cases by the settlement commission. ..... . the court noted that the provision was made for the purpose of curbing dilatory tactics of those assesses who had obtained interim orders and sought to continue such order by delaying the disposal of the appeal, depriving the revenue not only of the benefit of the assessed value but also a decision on points which may have impact on other pending matters ..... it would, therefore, be merely adding to the length of this judgment to recapitulate all those decisions and it is better to avoid that exercise save and except referring to the latest decision on the subject in maneka gandhi v. .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)
..... ad valorem taxes, such as value added taxes (vat) or sales taxes are a percentage of the base price and are imposed virtually by all countries--often on top of the specific excise tax. ..... the argument that was advanced was that the basis of the tax is the annual value of the property and since the same basis is used in the income-tax act for determining income from property, and generally speaking the annual value is the fairest standard for measuring income and, in many cases, is indistinguishable from it, the tax levied by the impugned act is in substance a tax on income and, therefore, beyond the legislative competence of the provincial legislature. 23. ..... the petitioners being aggrieved by levy of luxury tax at the rate of 25 per cent are challenging the validity of the amended provision of the luxury tax act on the ground that the purported levy of tax is in effect and substance a tax on sales and not on luxuries and, therefore, it is a colourable legislation beyond the legislative competence of the state legislature, liable to be struck down for being violative of articles 14, 19(1)(g), 245, 246, 301 and 304 of the constitution of india. 3. ..... in that case, the transfer by way of inter-state or consignment basis or by way of stock transfer under ordinance were subjected to levy of luxury tax on the total gross receipt irrespective of the fact whether the same has been sold in u.p. .....
Tag this Judgment!Court : Mumbai
Reported in : [1968]70ITR561(Bom)
..... , a firm was assessed to tax under the act of 1918; (ii) for the year 1919, as there was hung loss no tax was charged; (iii) in 1919, however, the said firm had included in the profit and loss account, profit and loss on securities and shares; (iv) for the year 1920 there was hung profit and the shares and securities were transferred to the assessee-company of the then market value of the shares and securities; (v) over rs. ..... of sub-section (2) of section 24 prior to amendment runs as follows : 'where any assessee sustains a loss of profits or gains in any year, being a previous year not earlier than the previous year for the assessment for the year ending on the 31st day of march, 1940, in any business, profession or vocation and the loss cannot be wholly set off under sub-section (1), so much of the loss as is not so set off or the whole loss where the assessee had no other hand of income shall be carried ..... to those figures were added the number of shares purchased in the market the value of which is shown in column 2. ..... later on, the voluntary deposit was made obligatory by an ordinance in 1943. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(5)BomCR369; 2009(111)BomLR1529; (2009)224CTR(Bom)197; [2009]17STJ255; 2009[14]STR289; [2009]19STT408; (2009)22VST293(Bom)
..... learned counsel submitted that the introduction of entry (zzzzj) with effect from 16/5/08 emphasises that no tax was payable on marine logistic services prior to 16/5/08 because the new entry was not by way of amending the earlier entry.32. ..... the supreme court considered this provision against the backdrop of other provisions and more particularly section 129-d and observed that though the phrase 'relation to' is ordinarily, of wide import, in the context of its use in the said expression in section 129-c, it must be read as meaning a direct and proximate relationship to the rate of duty and to the value of goods for the purposes of assessment.46. ..... 334/1/2007.tru dated 28/2/07 it was clarified that the different entries relating to mining activities were being consolidated under the said entry. ..... entry (zzzy) was inserted into section 65(105) of the finance act, 1994 by the finance act, 2007. ..... we are concerned here with the scope of entry (zzzy) inserted into section 65(105) of the finance act 1994 by the finance act, 2007. ..... he added that india having adopted selective approach, the service to be charged to service tax is to be covered by an entry specifically and any service remotely connected to another service cannot be covered under the head by which that another service is covered. ..... 334/1/2007-tru (letter d.o.f. no. .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR663; (2008)110BOMLR1730
..... interdependence with eagle that it must be recognized as a joint participant in the challenged activity, which, on that account, cannot be considered to have3 been so 'purely private' as to fall without the scope of the fourteenth amendment.then in the conclusion it is observed: specifically defining the limits of our inquiry, what we hold today is that when a state leases public property in the manner and for the purpose shown to have been the case here, the proscriptions of the fourteenth amendment must be complied with by the lessee as certainly as though they were binding ..... only four parties and then issuing the bid-document to a fifth party (itdc/aldaesa) well after the last date for issuance thereof, hurriedly awarding the contract to it on 26th february 2007, the very date on which the special leave petition was filed in the supreme court even though the scheduled date for awarding contract was 7th march 2007, and then cancelling the contract on 24.11.2007 , and lastly, awarding the contract to dfs (respondent no. 5) on 29.11.2007,without calling for fresh tenders ..... . it was submitted that the provisions in the omda and state support agreement provides the formation of the joint co-ordination committee, airport co- ordination committee and omda implementation oversight committee does not in any manner indicate that there is any deep, pervasive or any control over the respondent no 3 either by the aai or the central government .....
Tag this Judgment!Court : Mumbai
Reported in : 2010(112)BomLR154
..... the decisions bearing on the first amendment are not useful to us except the broad principles and the purpose of the guarantee, while considering whether 'u' certificate of a feature film on reservation policy was rightly revoked, the supreme court observed that the anticipated danger should not be remote, conjectural and far-fetched, it should have proximate and direct nexus with the expression of thought and the expression of thought should be intrinsically dangerous to the ..... that the notification gives no basis, reason or grounds for the state to come to the aforesaid opinion and the mandate of section 95 is, therefore, violated; (iii) since 2003, when the book was published, it was in circulation and the government had found no grounds to act under section 95 until 9/3/2007 the respondents' action is therefore barred by law of limitation; (iv) the notification is vague because it does not mention which of the several ..... of worship there, shut out all impurity from this year;(2) you have seen how the pagans have behaved this year; their year of power and misuse of that power may be called their year, it is over, and now you muslims are responsible.the concourse in mecca added to the profits of trade and commerce 'but fear not', we are told 'that pagans area ..... view points and the acceptance of the freedom to express of those whose thinking may not accord with the mainstream are cardinal values which lie at the very foundation ..... the non-muslims must be subjected to special taxes and .....
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