Skip to content


Judgment Search Results Home > Cases Phrase: income tax act Sorted by: old Court: mumbai Year: 1999 Page 4 of about 248 results (0.065 seconds)

Mar 09 1999 (HC)

Union Bank of India Vs. Kokila Nitish Kotak and Others

Court : Mumbai

Decided on : Mar-09-1999

Reported in : 1999(3)ALLMR208; 1999(3)BomCR488; (1999)2BOMLR518; 1999(2)MhLj370

..... deleted. 'in respect of union bank of india' (v) the following sentences appearing in of the plaintiff as well as appropriate authority under chapter xxc of income tax act, 1961 would have been obtained. the defendant no. 2 would have definitely incorporated in the written agreement to be executed between mr. diwan rahul nanda and ..... . later on the defendants applied for deletion of the said para and contended that the plaintiff was appointed as a mercantile agent and the plaintiff acted in that capacity in placing the orders on the defendants. the trial court had rejected the application for amendment on the ground that repudiation of ..... or one judge of any division court, pursuant to section 108 of the government of india act made (on or after the 21st day of february, 1929) in the exercise of appellate jurisdiction in respect of a decree or order made in ..... 108 of the government of india act and that notwithstanding anything herein before provided an appeal shall lie to the said high court from ajudgment of one judge of the said high court ..... a sentence or order passed or made in the exercise of the power of superintendence under the provisions of section 107 of the government of india act or in the exercise of criminal jurisdictional of one judge of the said high court or one judge of any division court, pursuant to section .....

Tag this Judgment!

Mar 09 1999 (HC)

Rafique Abul Hamid Kokani Alias Mohd. Rafique Abdul Hamid Vs. Deputy C ...

Court : Mumbai

Decided on : Mar-09-1999

Reported in : (2000)67TTJ(Mumbai)49

..... he framed the impugned order. the only objection is that the commissioner had not given a similar opportunity of being heard before granting his approval under section 158bg of the income tax act. in the view we have taken of the role of the commissioner under section 15813g, we are of the view that there is no mandatory requirement under this section ..... decisions of the apex court and the rajasthan high court are distinguishable inasmuch as in the present case the grant of approval under the provisions of section 158bg of the income tax act by the commissioner is entirely an administrative procedure which is intended for the safeguard of the assessee so that excessive or arbitrary additions are not made by the assessing ..... be set aside because the commissioner did not grant an opportunity of being heard to the appellant before he granted approval to the assessment order under section 158bg of the income tax act. it is pleaded that the principles of natural justice would apply unless the statutory provisions point to the contrary. in this context, reliance is placed upon the following decisions ..... the additional grounds read as follows :'1. without prejudice to the other grounds of appeal, the appellants submit that impugned order of block assessment passed under section 158bc of the income tax act, 1961 is void and illegal as no opportunity of hearing has been granted to the appellants by the commissioner before approving the order of assessment made by the assistant commissioner .....

Tag this Judgment!

Mar 09 1999 (HC)

M/S. Oswal Agro Mills Ltd. and Others Vs. M/S. Oswal Petrochemicals Em ...

Court : Mumbai

Decided on : Mar-09-1999

Reported in : 1999(3)ALLMR400; 1999(3)BomCR478; (1999)2BOMLR306; [1999(82)FLR310]; 1999(2)MhLj449

..... : air1995sc319 , has dealt with the case arising from madras and referring to item no. 5, wages for strike period of schedule ii under the i.d. act, also dealt with the general questions of resorting to strike or lock out. for that, details may be had from paragraph 9 of the said judgment. it is ..... two bombay high court decisions and asserting that the company having fulfilled its statutory requirement, the court under m.r.t.u. & p.u.l.p. act has no authority whatsoever to enter the justifiability of it, in my opinion it cannot be accepted.23. under the field of industrial labour legislation, the state ..... the shut down is also described by the union as nothing else but an illegal closer circumventing the provisions of section 25-o of the i.d. act. needless to say this is strongly refuted by the company. this is followed by the notice of loch out which is to take effect on the date ..... statutory provisions of section 24 as it was lacking in 14 days notice. the company corrected its action by issuing fresh notice complying with the provisions of the act. in this background, it was held for the period for which the lock out was admittedly illegal i.e. not in compliance with the statutory provisions, ..... will be on and after expiry of 14 days period required under the statute. by statutory it means the said section 24 of the said mrtu & pulp act. in the reasons required to be stated along with the notice, it has been categorically stated at page 63(b) that the management has decided to suspend .....

Tag this Judgment!

Mar 10 1999 (HC)

Colour Chem Limited Vs. Commissioner of Income Tax, Bombay City Ii, Bo ...

Court : Mumbai

Decided on : Mar-10-1999

Reported in : 2000(2)BomCR215; [1999]238ITR171(Bom); 1999(3)MhLj980

..... rs. 26,50,507/- to the assessee by treating the chemicals manufactured by the assessee as heavy chemicals as listed in ninth schedule to the income-tax act, 1961?'6. during the relevant accounting year, the assessee acquired and installed machinery at the cost of rs. 1,06,02,027/- for manufacture ..... representing medical reimbursement given to employees which was not treated as perquisite in computing disallowance under section 40-a(5) of the income-tax act, 1961 should be treated as part of salary for computation of disallowance under said provision?'3. whether on the facts and in the circumstances ..... in the ordinary course of their employment should not be excluded from the total salary while computing disallowance under section 40-a(5) of the income tax act, 1961?'2. whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the amount ..... orders.h. kapadia, j.1. by this reference under section 256(1) of the income tax act, 1961, at the instance of the assessee, the income tax appellate tribunal has referred the following questions of law to this court for opinion.'1. whether on the facts ..... particular element like 'heavy water' which consists of a heavy isotope of hydrogen. this reasoning of the assessing officer was accepted by the commissioner of income tax (appeals). however, the tribunal relied upon the dictionary meaning given to word 'heavy chemical'. in condensed chemical dictionary, ixth edition, published by van .....

Tag this Judgment!

Mar 11 1999 (TRI)

D. A. Patel Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Mar-11-1999

..... money thereupon. this unaccounted money has been used by you in your business which means that those will be unexplained investment made in the business, as per income-tax act since you have already raised unaccounted hundies more than 2 crores, which thereby will be your unexplained investments. please explain this. ans. in my preliminary statement ..... the subsequent developments. q.10 was there any search action under section 132 of the income-tax act prior to this action in your case. if so, when. ans. yes, there was a search action under section 132 of the income-tax act somewhere in 1989. q.11 if i accept your earlier statement noted above as regards ..... 1. this appeal is directed against the order of the assessing officer dated 31-7-1997 passed under section 158bc(c) of the income-tax act for the block period 1-4-1986 to 15-7-1996.2. late shri a. k. patel and his group were mainly ..... the unaccounted principal and interest in respect of the hundies relating to the assessee upto the period 31-12-1995 and, accordingly, he brought to tax the same as income under the head 'other sources', along with the estimated interest for the balance of the period upto the date of search, i.e., 1 ..... 127 itr 572/6 taxman 63 in which it was held that the method of accounting cannot determine the range of taxable income or the ambit of taxation and no income can be brought to tax on the basis of hypothetical accrual of illusory interest. similarly, reliance is also placed upon the decision of the punjab and .....

Tag this Judgment!

Mar 15 1999 (HC)

Vijay Krishna Kumbhar Vs. the State of Maharashtra and Others

Court : Mumbai

Decided on : Mar-15-1999

Reported in : 2000(2)BomCR293

..... , the following:'and whereas the parties viz., the vendor and the developer submitted the necessary 37-i form before the appropriate authority under section 269(ua) of chapter xxc of income tax act and the appropriate authority has granted the clearance certificate/noc for the transaction of development agreement between the vendor and the developer vide its letter no. ahd/la/pl/2686 ..... -a of the act which used the expression that the income tax officer 'shall have regard to' the losses incurred by the company or the smallness of the profits made, the supreme court pointed out ..... vide no. 431/574/mu dated 5-4-1997;.....'these recitals suggest that the developer (respondent nos. 7 & 8) had obtained clearance under section 37(i) of the income tax act, 1961 and thereafter approached the government of maharashtra for getting directions regarding sanction of development permission on the land; that by an order dated september 3, 1996 the government of ..... in the delhi rent control act, 1958. the supreme court took the view that these words merely meant that where the provisions of old act of 1952 and new act were similar with slight modifications, those modifications should be applied. in i.t. commr. v. g.b. and co. (p.) ltd., : [1965]57itr176(sc) , a case under the income tax act, 1922, while interpreting section 23 .....

Tag this Judgment!

Mar 15 1999 (HC)

Mrs. Dinaz Adi Bharucha Vs. Rajendra P. Ashar and Others

Court : Mumbai

Decided on : Mar-15-1999

Reported in : 1999(2)ALLMR511; 1999(3)BomCR501; (1999)2BOMLR268; 1999(2)MhLj405

..... has refuted whatever is in the affidavit, in reply by the defendants. she has stated that she was a gullible lady nothing knowing of the investment and tax planning. she had given the aforesaid amounts as loan to the defendant nos. 1, 2 and 3 who are introduced her by a common time and finally ..... that the plaintiff had requested them to invest that money in some other companies or the banks to get her for maximum benefits and for the purpose of tax planning. there was no question of investing that amount in their own company i.e. defendant no. 3.6. the plaintiff has also filed a rejoinder ..... affidavit in reply to the summons for judgment and the defendant no. 4 has also filed his own reply. the defendants have stated that they were only acting as agent of the plaintiff. it is further stated by the defendants that there was no agreement for repayments of the said amount and that there was no ..... is his wife and defendant no. 3 is a private limited company of which the defendant no. 1 is a director, who have engaged into such as act which partakes the character of clear deception. the defendants have not denied and they could not have denied the receipt of the said amount which was paid by ..... shall file their affidavits of documents within four weeks thereafter.(ix) the suit is transferred to the list of commercial causes.(x) prothonotary to act on an ordinary copy of this order duly authenticated by the chamber registrar of this court. certified copy of the decree and this order, expedited. .....

Tag this Judgment!

Mar 20 1999 (HC)

Commissioner of Income-tax Vs. Shetkari Sahakari Sakhar Karkhana Ltd.

Court : Mumbai

Decided on : Mar-20-1999

Reported in : [1999]238ITR983(Bom); 2000(4)MhLj65

..... exemption under section 80p(2)(a)(iv) of the income-tax act, 1961, in respect of the income of rs. 5,51,651 from the lift irrigation scheme ?'2. the assessee is a co-operative society engaged ..... a profit of rs. 5,51,651 from the activity of providing water to its members through the lift irrigation scheme. the assessee claimed deduction in respect of the above income under section 80p(2)(a)(iv) of the income-tax act, 1961 ('the act'). the case of the assessee was that it had purchased water from the state government on payment of water ..... price of the same. he submits that the case of the assessee is squarely covered by the provisions of section 80p(2)(a)(iv) of the act and hence the income in question is exempt from income-tax under the said provision.4. we have carefully considered the rival submissions in the light of the uncontroverted facts of the case. the assessee is a ..... this reference under section 256(1) of the income-tax act, 1961, the income-tax appellate tribunal has referred the following question of law to this court for opinion at the instance of the revenue :'whether, on the facts and in the circumstances of the case, the tribunal is justified in upholding the decision of the commissioner of income-tax (appeals) that the assessee was entitled to .....

Tag this Judgment!

Mar 22 1999 (HC)

Commissioner of Income-tax Vs. Roche Products Ltd.

Court : Mumbai

Decided on : Mar-22-1999

Reported in : [1999]240ITR506(Bom)

..... 37-c form was also filed by the parties to the said indenture. thereafter, the competent authority initiated proceedings by issue of a notice under section 269d(1) of the income-tax act, 1961 (as it then stood). this notice was issued on april 12, 1985. the reasons given for initiation of the proceedings were that the building had ground plus three upper ..... valuation as stated hereinabove and accordingly, directed acquisition of the property.3. being aggrieved by the said decision of the competent authority, the respondent-company preferred income-tax acquisition application no. 13 (bombay) of 1986 before the income-tax appellate tribunal. by judgment and order dated february 12, 1987, the tribunal allowed the appeal and set aside the order of the competent authority. the ..... of rs. 50,00,000 under the indenture dated february 9, 1984, was far in excess of the present market value arrived at on the basis of capitalisation of rental income. according to the respondents, the present market value was rs. 14.44 lakhs on the basis of the rent capitalisation method. according to the department, the correct method to ..... herein contended before the competent authority that it was a protected tenant by virtue of the amendment to the bombay rent act, 1973. that, the respondent was in exclusive possession of the property and in the circumstances capitalisation of the rental income was the only proper method of valuation and applying that method, which was the correct method, it was submitted that .....

Tag this Judgment!

Mar 24 1999 (HC)

State of Maharashtra Vs. Shankaraji Appa Patil

Court : Mumbai

Decided on : Mar-24-1999

Reported in : 2000(2)BomCR651

..... construction of a percolation tank in the village. notification under section 4 was published on 27-11-1976 and thereafter declaration was made under section 6 of the land acquisition act. the land acquisition officer thereafter passed the award on 28-11-1978. the land acquisition officer treated the acquired land as jirayat inferior and awarded compensation at the rate of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //