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Judgment Search Results Home > Cases Phrase: income tax act Court: mumbai goa Year: 2012 Page 1 of about 14 results (0.125 seconds)

Sep 10 2012 (HC)

Sheikh Shabbir Vs. Shaikh Yusuf

Court : Mumbai Goa

Decided on : Sep-10-2012

..... 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

Decided on : Sep-10-2012

..... 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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Nov 05 2012 (HC)

Pundalik Tukaram Chowgule Vs. Union of India Through the Secretary, Pe ...

Court : Mumbai Goa

Decided on : Nov-05-2012

..... he thereby attested the fixed deposit receipts held by him. 37. mr. padiyar also relied upon the profit and loss account and the returns filed under section 139 of the income tax act, 1960. he submitted that the audited balance sheet itself satisfies the requirement of an attestation. however, in view of what we have already held, it is not necessary to ..... cash in the form of bank balance, fixed deposits, shares of listed companies etc.12 fixed and movable assets includes own land, buildings, shops, house, vehicles, etc.4 income includes agricultural income, business income, interest, rent, royalty, etc. duly supported by documentary evidence.4 finance ? will be proportionately distributed in the ratio of maximum marks of 12, 4, 4, 5 ..... to ??capability to arrange the finance ? was divided into four sub-criteria namely ??liquid cash in the form of bank fixed deposits etc. ? , ??fixed and movable assets ? , ??income ? and ??letter ensuring loan/credit worthiness ? . the dispute in this petition pertains to the marks allocated for the criteria ??liquid cash in the form of bank fixed deposits etc. ? ..... loans, uti, nsc, bonds, shares of public limited companies etc., details of other assets like immovable property (land, building etc.). movable properties like vehicle etc., any other sources of income like from interest, rent, business etc. (please attach proof in all cases). the details under ??finance ? may be provided in the following format: (attach separate sheet as required) .....

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Jun 25 2012 (HC)

The Commissioner of Income Tax Vs. the Bardez Bazar Consumer Co-op. So ...

Court : Mumbai Goa

Decided on : Jun-25-2012

..... 2000-2001. for the assessment year 1997-1998, the assessee had filed return of income on 15/10/1997 which was processed under section 143(1) of the income tax act, 1961( i.t. act, for short) and proposal under section 151(2) of i.t. act 1961 was sent by the assessing officer to the office of j.c.i.t ..... ., range- 2, panaji for approval to issue notice under section 148 of the i.t. act. accordingly, notice under the said ..... i.t.(a), on the ground that the principle of mutuality does apply and the income earned from members is liable to be exempted from tax. the tax appeal no. 13 of 2007 has been filed under section 260-a of the i.t. act against the said order dated 06/09/2006 passed by the i.t.a.t. ..... no. 92/pnj/2007, thereby holding that the principle of mutuality applies and that the income earned from members is liable to be exempted from tax. 2. the respondent is the assessee, which is a co-operative society registered under the co-operative societies act, engaged in trading in consumer goods to its members as well as non-members. ..... no. 18 of 2007 has been filed under section 260-a of the i.t. act. 5. the relevant facts in tax appeal no. 36 of 208 are as follows: for the assessment year 2004-2005, the assessee had filed return of income on 05/10/2004 which return was processed under section 143(1) of i.t .....

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Sep 10 2012 (HC)

New Era Shipping Ltd. Vs. the Assistant Commissioner of Income And#821 ...

Court : Mumbai Goa

Decided on : Sep-10-2012

..... substantially considering the same. this has occasioned serious prejudice to the appellant. having regard to the observations of this court in the case of commissioner of income tax, bombay v/s ganesh builders (supra), the order in appeal of the itat is hereby set aside and the matter is remanded back to the ..... we find that the itat has dealt with the finding that itat which was hearing an appeal from the order of the assistant commissioner of the income tax has substantially dealt with the ground no.2 referred to in the first para of its order and while deciding the ground no.2 against the ..... in the ground raised by shri ramani, who has also relied on the decision of this court (per deshmukh, j) in the case of commissioner of income tax, bombay v/s ganesh builders, where this court has observed as follows: we may incidentally observe that in a case like the present one, where ..... right in law in not deciding the pure question of law with respect to legality of the reassessment proceedings urged before it under rule 27 of the income tax appellate tribunal rules, 1963 instead of remanding the same back to the file of the commissioner? 3. ms. asha desai, learned counsel waives service on ..... law in summarily setting aside the decision of commissioner with respect to the issue of partial denial of deduction under section 33ac of the act and in remanding the same to the file of the commissioner without assigning any reason therefor and ignoring the decision of the jurisdictional high court in .....

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Sep 07 2012 (HC)

Escolastico Mazarello Vs. Dr. Stacey Moraes

Court : Mumbai Goa

Decided on : Sep-07-2012

..... in the case of shanti sarup(supra), the defendants had in an earlier litigation admitted the valid registration of the society. the income tax officer agra, treating all the contributions made by the dayal bagh satsangis and all the properties which had been acquired from those contributions as also of ..... said written statement in the cross-examination of p.w.1 and confronting him with the said admission, in terms of section 145 of the evidence act, did not arise. the defendant subsequently, in his own evidence, produced the plaint, written statement and the judgment in the said suit no. ..... those statements in case it made a statement contrary to those admissions. the purpose of contradicting the witness under s. 45 of the evidence act is very much different from the purpose of proving the admission. admission is substantive evidence of the fact admitted while a previous statement used to ..... to be used against the person making them. admissions are substantive evidence by themselves, in view of sections 17 and 21 of the indian evidence act, though they are not conclusive proof of the matters admitted. we are of opinion that the admissions duly proved are admissible evidence irrespective of ..... denied the pleadings made in the said written statement, the question of confronting him with the written statement, in terms of section 145 of the evidence act, did not arise. 18. in the case of raj kumar and anr., (supra), relied upon by the learned senior counsel appearing for the plaintiff .....

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Dec 14 2012 (HC)

M/S. Enpee Earthmovers and Others Vs. M/S.Resources International and ...

Court : Mumbai Goa

Decided on : Dec-14-2012

..... the debts receivable by the firm. he showed from the crossexamination of pw,1 that interest was not accounted for in the books of accounts and income tax returns of the complainant. relying upon ??lakshmikant naik karmali v/s santosh naik ? [2006(2) bcr (cri) 830], the learned counsel ..... ascertained existing debt.therefore, the complainant has failed to prove that the accused has committed offence punishable under section 138 of the negotiable instrument act. 39. the complainant tried its luck by filing one case in panaji court and other four separate cases in ponda court, though in ..... the debt or liability was not ascertained. the accused, therefore, has raised probable defence sufficient to rebut the presumption under section 139 of the act. the onus of proving the legally enforceable debt or liability had shifted to the complainant. the standard of proof for the complainant is not ..... proved by the complainant beyond reasonable doubt. this is one more circumstance helping the accused to rebut the presumption under section 139 of the act. 32. there is contradictory version stated in the complaint filed in panaji court as compared to that stated in the complaints filed in ponda ..... both found that the complaints were not maintainable and that complainant could not establish beyond reasonable doubt the ingredients of section 138 of the n.i. act, as against the accused. all the complaints, therefore, came to be dismissed. 10. mr. sudesh usgaonkar, the learned counsel appearing on behalf of .....

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Oct 15 2012 (HC)

Dinesh Narayan Shet S/O Narayan Shet Vs. Ms. Geeta Gurudas Chari

Court : Mumbai Goa

Decided on : Oct-15-2012

..... . learned counsel further submitted that even the amount which the complainant has claimed to have advanced to the accused is not shown in the income tax returns. this clearly shows that accused has not borrowed the amount from the complainant. according to the accused, she has discharged the burden ..... in criminal case no. 62/oa/nia/2009/b, acquitting the respondent/accused of the offence punishable under section 138 of the negotiable instruments act, 1881 ('the act' for short). 3. the appellant is the complainant in the above case. it is the case of the complainant that the accused ..... therefore, the impugned judgment and order is liable to be set aside and the accused convicted of the offence punishable under section 138 of the act. 10. per contra, mr. rodrigues, learned counsel appearing for the respondent/accused submitted that there is absolutely no evidence on record that the ..... evidence in defence. 6. learned magistrate by the impugned judgment and order acquitted the respondent/accused of the offence punishable under section 138 of the act. 7. learned magistrate acquitted the accused primarily on the following grounds:- (i) the complainant had failed to prove that the accused issued post ..... however, no reply was sent by the accused. since the accused failed to make payment, the complaint was filed under section 138 of the act. 4. on recording verification, process was issued against the accused. the substance of accusation was explained to the accused for which accused pleaded not .....

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Jun 12 2012 (HC)

M/S. Tulip Diagnostics Pvt. Ltd. Represented by Its Managing Director, ...

Court : Mumbai Goa

Decided on : Jun-12-2012

..... application under order 41 rule 27 of the civil procedure code for leave to produce the auditor's report, bank pay slip and copy of the income tax returns of the concerned director. the learned counsel has taken me through the income tax returns of aw1 shri v.k. naik and pointed out that the salary shown to have been received by the said director is .....

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Jun 13 2012 (HC)

Shri Jitendra Raghuraj Deshprabhu and Others Vs. Shri Vasudeo Rajendra ...

Court : Mumbai Goa

Decided on : Jun-13-2012

..... union of india and another; (2004)3 bcr 450. (iv) unreported judgment in the case of m/s.shivsagar veg. restaurant vs. assistant commissioner of income tax dated 14/11/2008 delivered by the division bench of this court. 11. per contra, mr. lotlikar fairly conceded that the judgment delivered by the tribunal is ..... the absence of any prejudice having been pointed out, the petitioners are not entitled to any relief sought in the present petition. the tribunal having acted in breach of principles of natural justice, the judgment and order which affects the rights of the petitioners, is liable to be quashed and set ..... it was observed that the ballot boxes would be opened at the appropriate time at different stages as required by the tribunal. thus, the tribunal acted clearly in breach of the principles of natural justice by opening the ballot boxes, in the absence of the parties. thus, the procedure followed by ..... the judgment delivered by the learned single judge in the case of pradeep sangodker (supra) is clearly binding on the tribunal and the tribunal has acted in clear breach of the directions given by the learned single judge of this court. mrs. agni further submitted that this is a case of willful ..... and nullities of the election, appeal may be filed to the administrative, fiscal and audit tribunal within the time limit of 10 days from the act of election 7. it is further the case of the petitioners that article 30 of the devasthan regulations does not lay down any procedure nor any .....

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