Court : Mumbai Nagpur
Decided on : Sep-17-2013
..... . the division bench found that legislation allowed benefit only on proportionate part of turn over. in earlier challenge, vide the judgment dated 13.10.2008 in case of pee vee textiles, the earlier division bench had found that in absence of rules prescribing the ratio, the deputy commissioner was not ..... while appreciating such schemes. 21. in pepsicoindia holdings (p) ltd. v. state of kerala, (2009) 13 scc 55, at page 77 , hon. apex court has observed : ??53. an exemption notification and a notification withdrawing the benefit granted would, however, stand on different footings. for the said purpose, the industrial ..... 8.6.1995 and it reads:-- ??-section 41c- cancellation of certificate of entitlement (1) notwithstanding anything contained in this act, or in any judgment, decree or order of any court or tribunal to the contrary, the certificate of entitlement issued in favour of an eligible unit by the commissioner in respect of ..... of the provision. ? 22. we find that the division bench of this court considers the original 1979 scheme as also amendment made to it vide gr dated 5.7.1982 in judgment reported at 2008 (12) ljsoft 203-2008(s) bom.c.r. 92- vinods/o ratilal patira vs. commissioner of sales ..... tax and ors. however this judgment considers the position of law prevailing prior to addition of s.41c to the state act. petitioners in this reported judgment had .....Tag this Judgment!
Court : Mumbai Nagpur
Decided on : Sep-04-2013
..... maharashtra, (supra), the said judgment would not be applicable to the facts of present case. after said judgment was delivered, section 20 of the said act has suffered various amendments which permits even a profit to be recovered. in that view of the matter, the said contention is without any substance. 12 ..... it can thus clearly be seen that the division bench in unequivocal terms held that in view of various amendments to section 20 of the said act, it is now not only permitted to recover the costs of certain anticipated works by defining the expression ??capital outlay ? but it is also ..... when lord coke reported 'heydon's case (v) ? . in ?? 'eastman photographic material co. vs. comptroller general of patents, designs and trade marks' 1898 act 571 at p.576 (x) earl of halsbury reaffirmed the rule as follows : ??my lords, it appears to me that to construe the statute in question, it ..... of the total capital outlay incurred, although such vehicles may have enjoyed such augmentation of facilities only partially. 10. by another amendment in 2001 vide act no. 17 of 2001, a further amendment was made to the said section so as to permit the construction of bridges and development projects on ?? ..... parties. 2. the petitioner, who claims to be a social worker, has approached this court seeking a direction to quash and set aside the tender notice published in the daily ??nav bharat ? dated 21.04.2008 and the whole process undertaken by the respondents in pursuance of the aforesaid tender notice. .....Tag this Judgment!