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Narayan Prasad Kotriwal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1994)50ITD539(Pat.)

..... 155(7a) were omitted from 1-4-1992 by the direct tax laws (amendment) act, 1987. the provisions of section 45(5) were expressly made applicable only from the assessment year 1988-89. therefore they are not applicable for the year under appeal ..... the first instance would continue to be chargeable as income under the head 'capital gains' in the previous year in which the transfer took place. 24.7 these amendments will come into force with effect from 1st april, 1988, and will, accordingly apply from the assessment year 1988-89 and subsequent years. the provisions of section ..... present case.8. the judgments relied on by the ld. d.r. were concerned with the amendment to the laws of procedural nature and were therefore held to act retrospectively. those judgments do not apply to the present case where the amendment is to a substantive provision which has been held to be a charging section.9. for .....

Commissioner of Income Tax Vs. Kailash Crockery House

Court : Patna

..... particulars of his income or furnished inaccurate particulars of such income for the purposes of clause (c)'. a new explanation was substituted by the taxation laws (amendment) act, 1975, with effect from april 1, 1976. since during the relevant period it is this explanation which was in force it would be appropriate to quote ..... ) and cit v. mussadilal ram bharose : [1987]165itr14(sc) which had been rendered in view of the explanation as it stood prior to the 1976 amendment. he submitted that a definite finding to the effect that the particulars of income were inaccurate had been recorded by both the assessing officer and the appellate assistant ..... the computation of his total income have been disclosed' by him.'6. by the taxation laws (amendment and miscellaneous provisions) act, 1986, the above proviso was deleted and clause (b) of the explanation, quoted above, was also suitably amended. the amended clause (b) reads as follows : 'such person offers an explanation which he is not able .....

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... the provisions contained in sections 30 to 43a.4. the id. counsel for the assessee submitted before us that "43b" was substituted for "43a" by the direct tax laws (amendment) act, 1987 with effect from 1-4-1989 only. thus, as far as assessment year 1986-87 was concerned, the income from business had to be computed in accordance with the ..... it in line with the insertion of section 43b of the act w.e.f 1-4-1984. the amendment in section 29 was operative from 1-4-1984. we, therefore, hold that section 43b ..... case justify amply a similar view with respect to section 29 of the act. this view is further reinforced by the non obstante clause at the beginning of section 43b of the act. we, therefore, conclude that this substitution of "43a" by "43b" by the direct tax laws (amendment) act, 1987 w.e.f.1-4-1989 was only clarificatory and to bring .....

Essel Adi Smart Grid Solutions Ltd Vs. Bihar State Power (Holding) Com ...

Court : Patna

..... relaxation of any terms and conditions in the bid document would encourage more competitiveness by permitting more people to participate, the power holding company should not alter or amend the bid document in a manner to restrict competition or make it more stringent because as it is on the existing ..... (holding) company limited. 4. the facts are not in dispute. the electricity act, 2003 (hereinafter in brevity 'act') and its subsequent amendments which repealed the indian electricity act, 2010, the electricity (supply) act, 1948 and the electricity regulatory commission act, 1998, while consolidating the law governing and relating to generation, transmission, distribution, trading ..... 1 of revised rfp of bsphcl reads as under:- the bidder should be a distribution franchisee or a distribution licensee as per provision of electricity act 2003 having experience of handling at least 70500 retail electricity consumers at one location during last three (3) years continuously." 14. from the .....

Sunil Kr. Sinha and ors. Vs. the State of Bihar and ors.

Court : Patna

..... eligible to be considered for the vacancies occurring during 1982 to 1998 shall be entitled to appear at the first limited competitive examination. the objection that the prescribed procedure in issuing the amending notification of 27.6.2000, as alleged, was not followed, has in the present case to be ignored. examinations ..... selection board. in view of the allegations of fraud, nepotism favouritism and arbitrariness, the supreme court handed it over to cbi for investigation. cbi report revealed acts of favouritism, selection without interview as also on the basis of fake or ghost interviews, tampering with final records, fabrication of documents, forgery, keeping the ..... conducted by the bihar public service commission (hereinafter referred to as 'bpsc'). all the writ petitions (except cr.wjc no. 583 of 2007 and cwjc no. 16093 of 2007) have been preferred by unsuccessful candidates, some of whom want cancellation of the selection process from the stage of the advertisement, some other want .....

Dr. Ram Narayan Singh and ors. Vs. the State of Bihar and ors.

Court : Patna

..... following grounds:(i) that after 30.9.1975, all appointments on teaching posts in the engineering colleges could only be made by direct recruitment on all india competition basis as per norms prescribed by the a.i.c.t.e.(ii) the subject. 'co-ordination and determination of standards in institutions for higher education or ..... 1995, again posted respondent no. 6 as director-incharge. the petitioners have also challenged the said notification dated 25.4.1995 in this petition by way of amendment petition. by interim order dated 7.8.1995, this court stayed the operation of the notification dated 25.4.1995 during the pendency of the writ petition. ..... education should be by the open selection on the basis of merit as per prescribed qualification and experience. that apart, after the india council for technical education act, 1987 (act 52 of 1987) was enacted, appointments to the post of associate professor, assistant professor and professor in the engineering colleges/institutions are to be made as .....

Secretariat Press M. Staff Union Vs. the State of Bihar and ors.

Court : Patna

..... muffasil offices and assistants in the secretariat are different. the clerks in muffasil offices had the opportunity of seeking entry into secretariat assistants cadre through competitive examination provided they fulfilled the requisite qualification prior to 1992 when recruitment rules relating to appointment of assistants of secretariat were framed. there is no ..... bihar.7. after the case came back to this court on remand, the petitioners filed an application vide i.a. no. 3986/2002, seeking amendment of the pleadings and additional relief to the effect that ministerial staff of the secretariat printing press and the government stationery stores stand on the same ..... section officers, registrars and under secretaries of the secretariat and its attached offices for confirmation and promotion to higher posts. as the preamble of the act states, every department of the state government in the secretariat and its attached offices had separate cadre of assistants and promotion of the assistants to .....

Premlata Gupta Vs. State of Bihar and ors.

Court : Patna

..... despite her protest and objections on 28-6-2002 itself the collector issued the licence during the pendency of this writ application. the petitioner, therefore, prayed that the amendment be allowed and the grant of licence and issuance, of the licence be also quashed.6. on 3-7-2002 the respondent no. 6 submitted its counter affidavit. ..... the basis of these allegations and submissions it was contended that the petitioner is entitled to the relief.5. on 1-7-2002 the petitioner made an application for amendment of the petition. it is contended in the said application that the case was listed on 28-6-2002, the respondent no. 6 prayed for an adjournment though ..... licence is granted, the state would earn the licence fees and further revenue would be earned because of the competitive rates, in the opinion of this court, the recommendations were not, in accordance with rule 45 of the act and the collector had not taken into consideration either the hike in the demand to curtail the supply through .....

Achalesh Nandan Vs. National Institute of Technology and ors.

Court : Patna

..... ble supreme court considered the question of repeal of 1947 rules by the 1950 rules as amended in 1969 and held that the petitioner having appeared in the competitive examination should not be allowed to challenge the validity of the competitive examination as having been held not in accordance with law. in the case of rajendra prasad ..... is adopted by all the technical institutions undertaking technical education including the nit, patna and in terms of the powers contained in chapter iii of the act, the council has laid down norms for appointment on the posts of lectures in different engineering stream providing 1st class bachelor's degree in the subject ..... the present case.12. counsel for the aicte submitted that in terms of the provisions of the all india council for technical education act, 1987 (hereinafter referred to as the act), the council has been established for ensuring planned and coordinated development of technical education system through out the country and to achieve such .....

Poorvanchal Caterers Vs. Union of India (Uoi) and ors.

Court : Patna

..... cause unnecessary loss or serious prejudice to petitioner. in our considered opinion, the policy of 2000 would stand amended by letter dated 22-10-2001 (annexure-12) and the petitioner would be required to submit his competitive bid in accordance with the notice/advertisement issued by the railway administration.23. after giving our thoughtful consideration ..... the appellant also prayed that notice/advertisement dated 24-12-2001 (annexure 1 to the petition) calling up the appellant and others to participate in the competitive bids for the same job be also quashed.4. learned single judge after taking into consideration the said policy of 2000, especially para 14.10 and the ..... the learned single judge also found that no material has been produced on the record to show that the petitioner/appellant meted discrimination or the authorities were acting unfairly. it was also observed that the petitioner/appellant is not entitled to an automatic renewal of his licence in accordance with para 14.10 of .....