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Judgment Search Results Home > Cases Phrase: income tax act Court: mumbai goa Page 1 of about 90 results (0.039 seconds)

Mar 11 2014 (HC)

M/S. Commonwealth Developers Cd Fountainhead, Represented by Its Partn ...

Court : Mumbai Goa

..... through the records. before we proceed to consider the rival contentions we would take note of the relevant provisions of the income tax act to decide such controversy. section 80-ib(10) of the income tax act reads as under : the amount of deduction in the case of an undertaking developing and building housing projects approved before ..... , we find that the area of courtyard cannot be included to calculate the built-up area in terms of section 80- ib(10) of the income tax act. the learned tribunal was not justified to come to the conclusion that the said area of the courtyard is to be included to calculate the built ..... in order that an area is to be included to be a built up area to avail of deduction under section 80-ib(10) of the income tax act, something has to be built on in order that such area can be included for calculating the built-up area. the division bench of the karnataka ..... local authority discloses that the built-up area of the residential unit was less than 1,500 square feet as required under the said provisions of the income tax act. to understand the meaning of the words 'built-up area' in the context of the development permitted in the state, it would be also ..... of law. 4. the learned counsel appearing for the appellant dealing with the first substantial question of law has taken us through the provisions of the income tax act and pointed out the meaning of the words 'built-up area' as contemplated therein. the learned counsel has pointed out that in order to invite .....

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Aug 20 2015 (HC)

The Commissioner of Income Tax Vs. M/s. Chowgule and Company Ltd.

Court : Mumbai Goa

..... effect from 1/04/1999. the karnataka high court considered the object behind the amendment which read as under: clause 3 seeks to amend section 10a of the income tax act. under the existing provisions, tax holiday is available to newly established industrial undertaking set up in free trade zones and to units set up in software technology parks for five years out of ..... from five years to ten years in order to give added thrust to exports. clause-4 seeks to similarly extend the five year tax holiday period to ten years to the export oriented units under, section 10b of the income tax act. 5. relying on the aforesaid object set out in the statement of objects and reasons, karnataka high court further made following observations ..... tax appeal no.7/2008. 2. in view of the order which will be passed today ..... s. shah, c.j.) 1. both the above tax appeal no.6 of 2008 and tax appeal no.7 of 2008 under section 260-a of the income tax act, 1961 challenge the orders dated 12/07/2007 and 19/07/2007, respectively of the income tax appellate tribunal, panaji bench. the relevant assessment year is 2002-03 in tax appeal no.6/2008 and 2003-2004 in .....

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Sep 10 2012 (HC)

Sheikh Shabbir Vs. Shaikh Yusuf

Court : Mumbai Goa

..... lakhs or any other amount to the accused or that the amount of rs.5 lakhs alleged to have been given by him to the accused, was contrary to income tax act and income tax rules. the complainant admitted that there was no document terminating or cancelling the memorandum of understanding dated 25/07/2008 which was for sharing profits. he claimed ignorance as ..... a pawnbroker but does not include - (i) government, (ii) a local authority, (iii) a bank, (iv) the agricultural refinance corporation constituted under the agricultural refinance (and development) corporation act, 1963 (central act 10 of 1963) or (v) any other banking, financial or any institution which the government may, by notification in the official gazette, specify in this behalf; 31. limitation on ..... (b) a loan advanced to an agricultural labourer by his employer. explanation: - the expression tenant shall have the meaning assigned to it in the goa, daman and diu agricultural tenancy act, 1964 (act 7 of 1964), or any other relevant tenancy law in force relating to tenancy or agricultural lands; section 2(l)- money-lender means, - (i) an individual; or (ii) ..... to whether the business in which he invested rs.5 lakhs was registered company under the companies act. he stated that he had not seen any partnership document of the .....

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Sep 10 2012 (HC)

Sheikh Shabbir Vs. Shaikh Yusuf

Court : Mumbai Goa

..... lakhs or any other amount to the accused or that the amount of rs.5 lakhs alleged to have been given by him to the accused, was contrary to income tax act and income tax rules. the complainant admitted that there was no document terminating or cancelling the memorandum of understanding dated 25/07/2008 which was for sharing profits. he claimed ignorance ..... pawnbroker but does not include - (i) government, (ii) a local authority, (iii) a bank, (iv) the agricultural refinance corporation constituted under the agricultural refinance (and development) corporation act, 1963 (central act 10 of 1963) or (v) any other banking, financial or any institution which the government may, by notification in the official gazette, specify in this behalf; 31. limitation on ..... (b) a loan advanced to an agricultural labourer by his employer. explanation: - the expression ??tenant ? shall have the meaning assigned to it in the goa, daman and diu agricultural tenancy act, 1964 (act 7 of 1964), or any other relevant tenancy law in force relating to tenancy or agricultural lands; section 2(l)- ??money-lender ? means, - (i) an individual; or (ii) ..... as to whether the business in which he invested rs.5 lakhs was registered company under the companies act. he stated that he had not seen any partnership document of the .....

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Jul 19 2013 (HC)

Krishna P. Morajkar Vs. Joe Ferrao and Another

Court : Mumbai Goa

..... it does not mean that the borrower can refuse to pay the amount which he has borrowed simply, because there is some infraction of the provisions of the income tax act. infraction of provisions of income tax act would be a matter between the revenue and the defaulter and advantage thereof cannot be taken by the borrower. in my humble view, to say that an amount ..... pointed out that in krishna janardhan bhat (supra) attention of the supreme court was possibly not drawn to the actual wording of section 269ss of the income tax act. he submitted that section 269ss of the income tax act, in fact, does not cast any burden upon a person making advance in cash to record it in his returns and does not prevent any such ..... unwarranted and based on an untenable appreciation of the evidence. as already observed, the learned additional sessions judge had principally relied on provisions of section 269ss and 271d of the income tax act, which have absolutely no bearing and therefore the judgment is unsustainable. 31. before i conclude, with all humility at my command, it has to be noted that even after ..... and circumstances therein. therefore, he submitted that observations in krishna janardhan bhat (supra) about non-compliance of provisions of section 269ss and the implications of section 271d of the income tax act would still stand as good law. the learned counsel for the appellant submitted that even these observations would stand impliedly overruled. he pointed out that what was held in krishna .....

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May 08 2013 (HC)

Salitho Ores Pvt Ltd. and Others Vs. the CaptaIn of Ports CaptaIn of P ...

Court : Mumbai Goa

..... ore. it is then contended that the rule could not override private contracts without there being a non obstante clause. reliance has been placed on section 269 of ud of income tax act, 1962 and the judgment of the apex court in 1986 4 scc page 447 (paras 57, 68). he then submitted that the statutory rule cannot be supplemented by the executive ..... paid. in our view, therefore, it cannot be said that the central government has changed the method of levy of tax and that they are not permitted to do so under sub-section (3) of section 9 of the said act which speaks about enhancing or reducing the rate once in three years. respondents have given valid reasons for the purpose of ..... in the field, the said proposed amendment was made. he submitted that there was no bar in the act or rules to change the method of levy of tax. he submitted that in respect of other minerals the central government already was levying tax at ad valorem basis and due to the change in the circumstances the said method was adopted also in ..... as may be specified in the notification. he submitted that by virtue of changing the method of charging tax, the central government had acted beyond the power delegated to it and it was ultra vires of the substantive section 9(3) of the mmdr act. he submitted that by adopting the percentage of sale price on ad valorem basis, the central government had .....

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Apr 13 2015 (HC)

Rajendra Pangam Vs. Paresh B. Naik and Another

Court : Mumbai Goa

..... bhat) since it was based on the specific facts and circumstances in that case. thus, the observations and findings based on section 269- ss of the income tax act in the case of krishna janardhan bhat (supra) are not affected by the later decision in the case of rangappa(supra). 15. the submission on behalf ..... of rs.75,000/-, somewhere in june, 2008. 14. the learned magistrate has then went upon considering the effect of section 269-ss of the income tax act, 1961, in order to hold that advance of rs.75,000/- was in violation of said provision. the learned magistrate has placed reliance on the ..... the cheque filled by some other person. however, the cheque was signed in the presence of the appellant. he claimed ignorance as to any provision under income tax act namely, amount exceeding rs.20,000/-, mandatorily being payable by cheque. he admitted that as on 31.03.2009 he had cash in hand of rs ..... cross examination. lastly, it is submitted that the view taken by the learned magistrate in so far as the applicability of section 269-ss of the income tax act is concerned, is also misplaced. he therefore submitted that this is a fit case in which this court ought to interfere with the judgment of acquittal ..... . 498, in order to hold that the alleged advance of sum of rs.75,000/- in cash was in violation of section 269-ss of the income tax act and as such, would not constitute a legally enforceable debt/liability. in such a premise, the learned magistrate proceeded to acquit the respondent no. 1. .....

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Jan 10 2014 (HC)

M/S Gujarat Sweet Mart, Represented by their Partner Damodar Zaveri Vs ...

Court : Mumbai Goa

..... is found that the three units form part and parcel of the same establishment, merely because, the three establishments are separately registered under the shops and establishments act, income tax act and sales tax act, that is not sufficient to hold that they are distinct and independent establishments. 25. in the case of a.c.c. nihan castings ltd. (supra ..... control and general unity of purpose. it was further held that even if each unit was an establishment having separate registration under the sales tax act, the shops and establishments act and the income tax act, all the units were interdependent and were supplementary and complementary to each other for the sake of their textile business. the apex court ..... for manufacturing. he submitted that all the three establishments are registered separately under the shops and establishments act, income tax act and sales tax act. according to him, therefore, in no circumstance, said establishments could have been clubbed together for coverage under the esi act. therefore, according to learned counsel, the impugned judgments and orders are perverse and liable to ..... maintaining of seniority list, promotions, etc.. the learned single judge has observed that merely because the respondent company is separately incorporated under the companies act and having separate central excise, sales-tax and income-tax registration, that by itself is not enough. i am in respectful agreement with the above propositions. 26. thus, unity of ownership, unity of .....

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May 07 2015 (HC)

Sesa Goa Ltd. Vs. The Commissioner of Income Tax

Court : Mumbai Goa

m.s. sanklecha, j. 1. this appeal under section 260a of the income tax act, 1961 (the act) challenges the order dated 4/4/2006 passed by the income tax appellate tribunal (tribunal). 2. this appeal relates to the assessment year 1996-1997 filed by the appellant-assesee. appeal filed ..... clause(baa)(1) of the explanation to section 80hhc of the act. attention was fairly invited by mr. pardivala to an unreported decision of this court in tax appeal no. 26 of 2006 in damodarmangalji mining company vs. joint commissioner of income tax rendered on 18.10.2013 in favour of the revenue while ..... construing clause (baa) of explanation to section 80 hhc of the act. however, it is submitted that it was ..... rendered per incurium as it was without considering the decision of this court in pfizer ltd. (supra). it is therefore submitted that the nature of income ..... is followed by the words of a similar nature. this test of being independent of exports has no application to specified incomes falling under section 28 of the act as it is separated by a disjunctive from the other words which have been enumerated and such words form a class which .....

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May 07 2015 (HC)

M/s. V. M. Salgaoncar Sales International Vs. Assistant Commissioner o ...

Court : Mumbai Goa

..... taken up for final disposal. 2. this petition under article 226 of the constitution of india challenges the notice dated 28/10/2014 issued under section 148 of the income tax act, 1961 (the act). the impugned notice seeks to reopen the assessment for the assessment year 2008-2009. 3. the reasons recorded in support of the impugned notice dated 28/10/2014 for ..... and the deponent of the affidavit dated 06/05/2015 resisting the petition. 10. however, before closing we may point out that the affidavit filed by the deputy commissioner of income tax dated 06/05/2015, particularly paragraph 8 thereof, indicates that the stand of the revenue is that even if the assessee is only engaged in a trading activity, the impugned ..... the assessing officer. however, the same was opposed to by the revenue and in support, reliance was placed upon an affidavit dated 06/05/2015 of the deputy commissioner of income tax, seeking to justify the order dated 20/02/2015 and in particular, paragraphs 8 and 10, which state as under: ??8. i say that the assessee may be only in ..... the procedure to the effect that whenever a notice to reopen an assessment under section 148 of the act is issued to an assessee, the reasons recorded in support of the same must be furnished to the assessee on his furnishing the return of income. the assessee would then have an opportunity to object to the reasons in support of the notice .....

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