Judgment Search Results Home > Cases Phrase: competition amendment act 2007 section 25 amendment of section 32 Court: kolkata Page 3 of about 2,126 results (1.216 seconds)

Commissioner of Income-tax Vs. KelvIn Jute Co. Ltd.

Court : Kolkata

Reported in : (1980)17CTR(Cal)138,[1980]126ITR679(Cal)

..... that view of the matter, we reframe the question as follows :' whether, on the facts and in the circumstances of the case and in view of the income-tax (amendment) act, 1972, the tribunal was right in holding that there was no rectifiable error in its order dated 12th july, 1972, and in that view dismissing the miscellaneous application made ..... 1961. on the question whether the allowance of wealth-tax in that case could be withdrawn by an order of rectification, the court held that the amending act came into existence long after the order sought to be rectified (had been passed) and, therefore, at the relevant time there was a deemed mistake but no mistake ..... it was true that when the orders were passed by the tribunal they were made in accordance with law as it then stood, section 13 of the amendment act, viz., the direct taxes (amendment) act, 1974, provided that the amendment made in the section should be substituted and should be deemed always to have been substituted in the principal .....

Warren Tea Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1999(108)ELT628(Cal),[1999]236ITR492(Cal)

..... . it appears that prior to 1989, the assessee was entitled to a deduction of the whole of the income but by reason of the direct tax laws (amendment) act, 1989, the said words were substituted by the word of 'profits'. 32. the very fact that at one point of time parliament had allowed deduction of ..... and the said explanation was sought to be deleted by the kerala agricultural income-tax (amendment) act, 1980. similarly, in subsection (2) of section 8 of the bengal agricultural income-tax act, 1944, itwas provided that notwithstanding anything contained in that act in the case of tea grown in west bengal and sold by the grower himself or ..... consideration the effect of the provision of chapter vi-a of the act although it itself held as follows (page 73) : 'in the case of tata tea ltd. : [1988]173itr18(sc) , the kerala agricultural income-tax (amendment) act, 1980, and the bengal agricultural income-tax (amendment) act, 1980, were under challenge before the supreme court under article 32 of .....

Williamson Magor and Co. Ltd. Vs. Dy. Cit

Court : Kolkata

Reported in : (2001)73TTJ(Cal)303

..... as enunciated by the honble jurisdictional high court in the assessees own case as mentioned above.taking into consideration all these aspects, we feel that even after amendment of section 80hhc by retrospective introduction of sub-section (4b), so far as the assessees having composite nature of activities like production and manufacture of tea ..... simply speaks of exclusion of freight or insurance attributable to the transport of goods or merchandise behind the customs station. there is no provision in the act about exclusion of commission and brokerage also from the gross figure of sale proceeds. however, in the instant case, the departmental stands seems to be that ..... assessee relates to the disallowance of an amount of rs. 10,041 being of the nature of local conveyance expenses, but considered under section 37 of the act as guest house expenditure.2. the assessing officer discusses in this connection that the total expenditure on guest house maintenance was rs. 24,96,062. besides .....

Dhanoolal and Sons Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1996)57ITD426(Kol.)

..... subsequently. of course, while taking this sort of decision, he is completely governed by the new assessment procedures laid down by the direct tax laws (amendment) act, 1987 and direct tax laws (amendment) act, 1989 and also by board circular as mentioned by him in his order. for the sake of convenience, the relevant portion of section 143(1)( ..... subsequently before assessing officer is quoted as under for the sake of convenience: as we are aware the assessment procedure has been substantially amended by the d.t. laws (amendment) act, 1987 and by a similar act of 1989. under the new assessment procedure, the department is to accept the returns filed, excepting in a very small percentage of ..... a) after amendment and effective from 1-4-89 is extracted as under: 143(1)(a). where a return has been made under section 139, or .....

Hiralal Agarwala Vs. Bhagirathi Gore and ors.

Court : Kolkata

Reported in : AIR1975Cal445

..... purchased it. while dealing with the first point, it is seen that the explanation to section 17(2) has been added by section 2 of the indian registration (amendment) act, 1927. the said explanation clearly provides that such a document requires no registration in that view of the matter registration of such a document will not raise a constructive ..... deed of agreement, ext. m, even if not a collusive one, did not create any title in him in the property proposed to be purchased. as such in the competition between two title deeds-- one in favour of plaintiff and another in favour of defendant no. 2, the former one being prior in time will prevail. 25. let us ..... as it was executed on 18-11-55, whereas defendant no. 2's sale deed was executed on 24-9-56. the point for our consideration is, in a competition between these two kobalas which will prevail. 14. there is no dispute that the deed executed earlier will prevail over the one executed subsequently. 15. mr. acharya, learned advocate .....

Pilani Investment Corporation Ltd. Vs. Income-tax Officer, a Ward, Com ...

Court : Kolkata

Reported in : [1968]69ITR847(Cal)

..... order under section 23a should not be made, could not be issued by the respondent no. 1.mr. sen next argued that the finance act of 1955 amended section 23a of the act, and after this amendment the section itself became a charging section, which empowered the income-tax officer to make an order that the assessee should be liable to ..... it was an order determining the amount of super-tax payable by the company under that section. it was held that an order under section 23a after its amendment by the finance act, 1955, was an order of assessment to which the period of limitation prescribed in section 34(3) applied, and such an order could not, therefore, be ..... in commissioner of income-tax v. navinchandra mafatlal, in which it was held that an assessment order could not be made under section 23a of the act (as it stood before the amendment) as that section did not provide for any assessment being made, and that the assessment of a shareholder consequent on an order of distribution made under .....

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

..... been specifically incorporated in article 30(1-a) as well as in the second proviso to article 31-a(1) for achieving specific objectives. the constitution (forty-fourth amendment) act, 1978 while omitting article 31 brought in a substantive provision clause (1-a) to article 30. resultantly, though no individual or even educational institution belonging to majority ..... best judge to decide what would be the public purpose. such view has already been expressed in daulat singh surana vs. first land acquisition collector reported in (2007) 1 scc 641.292. it is further submitted that the principal purpose of socio-economic development of the state by utilization of singur land would be possible, ..... it appears from:(i) letter of wbidc dated 20th december 2006 to tml to conversion of land under section 4 ( c ) of land reforms act;(ii) tripartite mou dated 9th march 2007. project of the state and tml was the agency for achieving the public purpose.430. mr. pal submitted that it is absurd even to .....

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

..... specifically incorporated in article 30(1-a) as well as in the second proviso to article 31-a(1) for achieving specific objectives. the constitution (forty-fourth amendment) act, 1978 while omitting article 31 brought in a substantive provision clause (1-a) to article 30. resultantly, though no individual or even educational institution belonging to majority ..... best judge to decide what would be the public purpose. such view has already been expressed in daulat singh surana vs. first land acquisition collector reported in (2007) 1 scc 641. 299. it is further submitted that the principal purpose of socio-economic development of the state by utilization of singur land would be possible, ..... appears from: (i) letter of wbidc dated 20th december 2006 to tml to conversion of land under section 4 ( c ) of land reforms act; (ii) tripartite mou dated 9th march 2007. project of the state and tml was the agency for achieving the public purpose. 430. mr. pal submitted that it is absurd even to suggest .....

Commissioner of Income-tax Vs. General Electric Co. of India Ltd.

Court : Kolkata

Reported in : [1978]112ITR246(Cal)

..... time when the income-tax officer proceeded to rectify the order and could determine whether the records disclosed an apparent mistake in the background of the amended act. in the instant case the amending act came into existence long after the order sought to be rectified and the order of rectification. therefore, at the relevant time, the mistake, though ..... for rs. 50,063 being interest at 2% on the tax paid in advance under section 18a(5) of the income-tax act. subsequently, the indian income-tax (amendment) act, 1953, was passed. in this amending act a proviso to section 18a(5) was added providing that an assessee was entitled to interest not on the whole of the tax ..... and obvious mistake of law can be rectified under section 35 inasmuch as a mistake of fact apparent from the record. the supreme court also noted that the amending act specifically gave power to the income-tax officer to revise his earlier orders. the supreme court observed as follows--see : [1958]34itr143(sc) :'it is in .....

Calcutta Hospital and Nursing Home Benefits Association Ltd., Calcutta ...

Court : Kolkata

Reported in : AIR1963Cal598,[1963]47ITR247(Cal)

..... amendment in 1955. a reference to the schedule is necessary but before doing so it will be more appropriate to notice section 10(7 ..... from the 1st of april, 1955.16. the original schedule of the income-tax act was repealed by the repealing act of 1927 and the present schedule to which reference is made in section 2 (6c) (vii) was added by section 84 of the indian income-tax amendment act, 1939 (act vii of 1939) and was a pre-existing schedule at the date of ..... income in the ordinary sense, then undoubtedly the surplus which was returnable to the members would not be liable to tax and, prior to the amendment of section 2(6c) of the indian income-tax act, it is common ground that these profits were not subject to taxation'.therefore, the only point before the tribunal and which is now open to .....