Judgment Search Results Home > Cases Phrase: cost and works accountants act 1959 section 22c procedure etc of authority Court: kolkata Page 1 of about 6 results (0.041 seconds)

Dr. P. Chattopadhyay Vs. the Institute of Cost and Works Accountants o ...

Court : Kolkata

Reported in : (1987)0CALLT179(HC)

..... 1 (hereinafter referred to as the said institute), is a body corporate and constituted under section 2(f) of the cost and works accountants act, 1959 (hereinafter referred to as the said act) and the appellant was appointed as a director of research of the same sometime in september ..... . the principle that the services of a government servant normally stand terminated from the date on which the letter of resignation is accepted by the appropriate authority, unless there is any law of statutory rule governing the conditions of service to the contrary can apply to the case of any other employee. ..... rule 33 as mentioned the provisions for suspension and rule 37 deals with acts of misconduct, while rule 38 provides procedure for imposing major penality and sets out in detail how a disciplinary enquiry is to be held and special procedure has been laid down in rule 43 in respect of certain ..... air1964ap357 , which was also a judgment of a learned single judge of the andhra pradesh high court, where section 23 of the madras district municipalities act was considered and on the question as to whether delegation by municipal council of its power to hear tax appears, it has been observed that the council does not denude itself of those powers during subsistance of the delegation and lastly, to the case of union of india, etc., v ..... may consist of government departments, statutory bodies, statutory corporation, government companies, etc ..... to the determinations in the case of state of assam, etc. v .....

Works Accountants of India and anr. Vs. State of West Bengal and ors.

Court : Kolkata

..... no.359 of 2010 in the high court at calcutta constitutional writ jurisdiction original side the institute of costs and works accountants of india & anr. ..... , the regional provident fund commissioner observed that the office has calculated the dues with up-to-date interest after taking into account the deposit already made from the exempted trust and after allowing 13% rate of interest as stated by the establishment upto the period 1998-1999 ( upto 9th quarter 1998) on the outstanding balance and it works out to rs.7,38,488/-. ..... fund commissioner in the said proceeding had determined a sum of rs.11,50,739/- as the amount due and payable on account of interest and damages for the period 4th quarter, 1991 to 12th quarter, 1998. ..... writ petition is directed against an order passed by the employees provident fund appellate tribunal on 17th september, 2008 affirming an order passed by the regional provident fund commissioner in connection with the proceeding initiated under section 14-b of the employees provident fund and miscellaneous provisions act, 1952. ..... counsel for the writ petitioner submits that the basis of such calculation has not been furnished by the authorities concerned. ..... the financial year 1995- 1996 to 1998-1999, the icwai (presently icai) employees provident fund trust 2 has earned an average interest of 13% per annum on the amount, invested in different prescribed securities and the interest on the accrued pension contribution of rs.20,98,935/- works out to rs.1,14,374/-. .....

Berger Paints India Ltd. Vs. Commissioner of Central Excise,

Court : Kolkata

..... for the purpose of this section, cost accountant shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the cost and works accountants act, 1959 (23 of 1959). ..... for the purposes of this section, chartered accountant shall have the meaning assigned to it in clause (b) of sub-section (1) of section 2 of the chartered accountants act, 1949 (38 of 1949). ..... learned senior advocate appearing for the petitioner has relied upon a decision of the supreme court reported in (2008) 300 itr403(sc) [sahara india (firm) versus commissioner of income-tax & another].and submitted that, since under section 14aa of the said act entails civil consequences, the authorities are obliged to grant an opportunity of hearing to the petitioner. ..... however, in sahara india (supra).the supreme court while considering the provisions of sub-section 2a of section 142 of the income tax act, 1961 and this question of right of hearing where the statute does not expressly provide for one, has held that, where a decision by a statutory authority entails a civil consequences and where the section does not expressly debar the application of the principles of natural justice, then a right of hearing has to be read into such provision of the statute. ..... special audit in cases where credit of duty availed or utilised is not within the normal limits, etc. .....

income-tax Officer Vs. Institute of Cost and Works

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1984)10ITD129(Kol.)

..... he submitted that the assessee being the institute of cost and works accountants is a statutory body constituted under the provisions of the cost and works accountants act, 1959 and the institute's properties are held for charitable purposes within the meaning of section 2(15) of the act. ..... (supra) has also held that in view of the scope for exercising the discretion by the ito to reduce or waive interest under section 18a(6) and 18a(7) of the indian income-tax act, 1922, the omission to charge interest cannot be said to be a mistake apparent from the records which can be rectified. ..... he took us through the provisions of section 217(1) to point out that where an assessee fails to submit the estimate of advance tax under section 212(3), sub-section (2) of section 217 provides that the provisions of sub-sections (2), (3) and (4) of section 215 of the act shall apply to interest payable under the said section as they apply to interest payable under that section. ..... in this case, the tribunal has categorically observed that there is nothing in section 10 on the one band and sections 11 and 12 of the act on the other to suggest that they are mutually exclusive. ..... the income-tax authorities have a discretion to reduce or waive the interest and, hence, in a case where discretion can be exercised either way cannot be a subject-matter of rectification proceedings. ..... the income-tax authorities have a discretion to reduce or waive such interest. .....

Kalyan Kumar Mukherjee Vs. Institute of Company Secretaries of India a ...

Court : Kolkata

Reported in : [1987]42CompCas466(Cal)

..... limited company (including a company deemed to be a public limited company) under the companies (amendment) act, 1974, and continues to hold that position on the date of application, and possesses one or more of the following qualifications : (i) degree in law granted by a recognised university including barrister-at-law ;(ii) membership of the institute of cost and works accountants of india constituted under the cost and works accountants act, 1959;(iii) post-graduate degree or diploma in management science granted by a recognised university or the indian institute ..... share capital) ; section 113 (issuing certificates of shares, debentures and debenture stock) ; section 118 (allowing inspection of the debenture register); sections 125 to 127 (delivering particulars of mortgages and charges for registration) ; section 149 (making the statutory declaration for commencement of business); sections 160, 161 and 162 (signing the annual return and certifying the documents annexed thereto) ; section 304 (allowing inspection of and furnishing copies of register of members) ; section 322 (where a ..... that the institute is not a statutory authority and, therefore, it is under no statutory ..... work and started discharging various functions of the company secretary, such as convening meetings of the board of directors and committee of board of directors, attending the meetings of the committee of the board of directors and/or board of directors, taking notes of the proceedings of such meetings, etc .....

London Investment and Mortgage Co. Ltd. Vs. Inland Revenue Commissione ...

Court : Kolkata

Reported in : [1958]34ITR43(Cal)

..... treated for all purposes as outgoings of a capital nature'; from which it follows, as i fully agree and as the judge said, that the contributions paid over a period of years were capital outgoings so far as the company was concerned and had to bed treated as such in its accounts.section 113 of the act of 1943 dealt with expenses and other matters, but it has been replaced by section 28 of the act of 1949 upon which, as will be recalled from the judges judgment, the real basis ..... that again, however, must be a matter for legislation - subject only to this, that in assessing this company and other companies similar placed no doubt the revenue authorities can properly exercise a certain discretion.i return to the basis of the arguments put forward on both sides, which proceed from ..... without undue elaboration those figures indicate that the cost of repair, which as i have already said cannot be deducted, as such, for the purposes of income tax liability, would be offset by the costs of works payments received, so that the latter, in effect, eliminated the former, and no question on either side of the account in such a case would arise.be that as it may, the problem with which we are concerned it that of a value payment, and i propose to confine myself strictly to that ..... ' then he cites certain authorities, and then the lord continues : 'moreover, the recent decision in this house in fry ..... him a number of questions at the beginning of his argument, and, having regard to the authority of j. .....

Regional Provident Fund Commissioner (ii) and anr. Vs. Vivekananda Vid ...

Court : Kolkata

Reported in : 2005(2)CHN307,[2005(104)FLR1042],(2005)IILLJ721Cal

..... the order passed by the employees' provident fund authority (at page 33 of the paper book) that the establishment was not paying any amount in the form of dearness allowance on account of rise in the cost of living, which is an ordinary ingredient of monthly pay or wages in all other establishments both under the government and in the private sector. ..... however, it does not include (i) the cash value of food concession (ii) (a) dearness allowance viz: cash payments by whatever name called paid to an employee on account of rise in the cost of living, (b) house rent allowance, (c) overtime allowance, (d) bonus, (e) commission, or any other similar allowance payable to the employee; (iii) any presents made ..... be taken on record.the question :the only question involved in this case is as to whether the special allowance, in the facts and circumstances of this case, could be treated as part of the basic wages or dearness allowance in the garb of a nomenclature of special allowance subject to the contribution towards provident fund under section 6 of the employees' provident fund and miscellaneous provisions act, 1952 (1952 act).the order appealed against:2. ..... court in mangalore ganesh beedi works (supra) had held that the special allowance payable in terms of the agreement to the employer and the employee was part of the basic wages since the said amount was being paid for the extra work done. ..... for the appellants relied on the decision in prantiya vidhyut mandal mazdoor federation etc. v. .....

income-tax Officer, b Ward and ors. Vs. British Paints India Ltd.

Court : Kolkata

Reported in : [1979]118ITR878(Cal)

..... course of assessment proceedings for 1963-64, it was noticed that the company had valued the closing stock of finished products and work-in-progress at the raw material cost only, without taking into account the proportion of such manufacturing cost as have been expended by it in the manufacturing of finished products or work-in-progress. ..... the principle of law applicable to the question of reopening of the assessment under section 147 of the act, in our view, being well settled by a catena of decisions of the supreme court and various high courts it is not necessary for us to enter into any discussion regarding ..... to 1959-60, there was no non-disclosure of material facts for which the ito concerned was authorised to take action under section 147(a) of the act or to issue the saidnotices under section 148 of the act. ..... the constitution challenging the validity of five notices all dated 14th december, 1964, issued under section 148 of the income-tax act, 1965 (hereinafter referred to as 'the act') in respect of the assessment years 1956-57, 1957-58, 1958-59, 1959-60 and 1961-62. ..... was a case of invoking the provisions of section 147(1)(b) of the act different consideration might have arisen.' 7. ..... such an enquiry or investigation or a mere opinion on the part of another officer that his predecessor in the earlier years had erroneously accepted a wrong basis of valuation does not, in my view, justify reopening of the proceedings under section 147(1)(a) of the act, as is now sought to be done. .....

Rahmat Development and Engineering Corporation Vs. Commissioner of Inc ...

Court : Kolkata

Reported in : (1981)20CTR(Cal)228,[1981]130ITR602(Cal)

..... the wife of a partner in the firm (the assessee), and who claimed the money as hers and that it was she who made the deposit and the genuineness and regularity of the accounts had not been challenged, the accounts were relevant and are prima facie proof of the entries and the correctness thereof under section 34 of the evidence act and the entry therein was prima facie proof that the amount in ..... put forward by the assessee before the department certain items of flooring and cubicles were made by the tenants at their own cost, the tenants were summoned under section 131 upon intimation to the assessee, who appeared before him with their books of account, which were examined, and the deposition of the tenants' representatives and examination of their books were conducted in the presence of the authorised ..... the taxing authorities would take into consideration all the facts and circumstances, pros and cons, and then determine ..... the assessment orders for the assessment years 1962-63 to 1965-66, the ito had observed that 'the assessee had failed to furnish the detailed extent of the construction work undertaken during the accounting period with particulars of the area constructed, with other necessary details and the nature of construction effected during the relevant accounting period so as to justify the investment shown or disclosed'. ..... act, 1961, dealt with the penalty imposable and section 271 dealt with failure to furnish returns, comply with notices and concealment of the income, etc .....

Calcutta Goods Transport Association and anr. Vs. Union of India (Uoi) ...

Court : Kolkata

Reported in : [1996]219ITR486(Cal)

..... some of the guidelines which are material for the purposes of this writ petition are contained in paragraphs 7 and 8 of the board circular and read as follows (see [1994] 206 itr 299) : '(i) the provisions of section 194c shall apply to all types of contracts for carrying out any work including transport contracts, service contracts, advertisement contracts, broadcasting contracts, telecasting contracts, labour contracts, materials contracts and works contracts. . . . ..... on account of income-tax on the income comprised in payments made to contractors and subcontractors 'for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor' and specified concerns or authorities.4. ..... it is also contended that the expression in parenthesis 'including supply of labour for carrying out any work' furnished intrinsic evidence as to the meaning of the word 'work' and that, therefore, the word 'work' for purposes of section 194c must involve bestowing labour on a thing and by way of expansion supply of labour for the purpose. ..... in 1991, sections 194g and 194h were introduced in the act by which payment of commission on sale of lottery tickets and payment of commission, brokerage, etc. ..... there will be no order as to costs. 40. .....