Court : Kolkata
Reported in : (2000)2CALLT394(HC)
..... its earlier decision in cloth traders pvt ltd. (supra) and at page 141 their lordships observed as under :--'........ the decision in cloth traders' case is inconsistent with thatin cambay electric supply co.'s case. both cannot stand together. if one is correct, the order must logically be wrong and vice versa. it is, therefore, necessary to resolve the ..... that section was substituted by section 80-o in the year 1968 and that section 80-ois further amendment by finance act 1971 w.e.f. 1.4.72 and also amended by finance act 1974 but made effective from 1.4.1972. by amendment in 1974 the deduction was reduced from all of such income to an amount equal to fifty ..... counsel for the assessee shri syall submits that deduction under section 80-o should be allowed on convertible foreign exchange received in india. he further submits that after amendment in section 80-o w.e.f. 1.4.1972 the basis of deduction under section 80-o was changed to whole convertible foreign exchange so received and brought .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)159CTR(Cal)417
..... and at p. 141 their lordships observed as under :' ..... the decision in cloth traders (p) ltd. v. addl. cit : [1979]118itr243(sc) case is inconsistent with that in cambay electric supply industrial co. ltd. v. cit : [1978]113itr84(sc) . both cannot stand together. if one is correct, the other must logically be wrong and vice versa. it is, therefore ..... was substituted by section 80-o in the year 1968 and that section 80-o is further amended by finance act, 1971, with effect from 1-4-1972, and also amended by finance act, 1974, but made effective from 1-4-1972. by amendment in 1974 the deduction was reduced from all of such income to an amount equal to fifty ..... counsel for the assessee shri syali submits that deduction under section 80-o should be allowed on convertible foreign exchange received in india. he further submits that after amendment in section 80-o with effect from 1-4-1972, the basis of deduction under section 80-o was changed to whole convertible foreign exchange so received and .....
Tag this Judgment!Court : Kolkata
Reported in : [2000]243ITR514(Cal)
..... park hotel (p.) ltd. : [1996]218itr221(sc) ) has considered various aspects including the fact that when none of the orders of the authorities under the act say that surendra overseas limited, had constructed a multi-storeyed structure in the premises sub-leased to it by the assessee, therefore, their lordships proceeded on the footing ..... the provisions of the transfer of property act and the registration act, but for the purpose of the income-tax act, for taxing the income, the assessment should be made with the object of the income-tax act, i.e., to tax the income'.18. their lordships also clarified that though the amendment relating to section 27(iii), (iiia) ..... and (iiib) was made by the finance-bill, 1987, but, considering the object and background behind the amendment, the provisions are retrospective in operation and, .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)2CALLT333(HC)
..... i) pig iron (ii)billets and semis other than those of forging quality. (iii)bars and rods including wire rods other than those of forging quality. (iv) structural sections. (v) electrical steel sheets. (vi) gp/gc sheets including coils. (vii) rails-with light and heavy rails, (viii) cr sheets and colls. (ix) hr sheet and colls. (x) defectives ..... operations and functions of the iron and steelindustries. by a notification dated 27th december, 1978, issued by the central government the notification dated 7.4.1971 was amended and provided that the committee which has already been constituted to regulate the functioning of the iron and steel industry, would add a certain element to the ex- ..... setting up of a new rice mill by another--even if such setting up be in contravention of section 8(3)(c) of the rice milling industry (regulation) act, 1958--because no right vested in such an applicant is infringed. for all the foregoing reasons, we are of opinion that the appellant had no locus standi to .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT76(HC),2000(2)CHN400
..... each individual shop owners in order to meet their demand of electricity to their respective shops for being used for business purpose. this intimation is neither contrary to nor in flagrant violation of the order of this hon'ble court, ..... erstwhile business place and in the name of rehabilitation there is no scope to give more or added area to any of the shopkeepers. the intimation for supply of electricity by howrah improvement trust dated january 7, 1999 was given only to specify and inform, in particular the rooms and the blocks of the shopping complex allotted to ..... a housing colony therein simply because he had submitted some plan for approval, when grant of the permission under section 15 of the u.p act is not automatic and the statute permitted amendment of the master plan by change of the land use even thereafter. the mere fact that the area was shown originally as meant for recreational .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2000Cal222,2000(119)ELT536(Cal)
..... case while putting in narrow compass, is as follows :-- on or about 7th sept. 1981 the petitioners set up small scale industry for manufacturing and sale of different electrical electronic equipments and articles like radio, voltage stabilizer, booster, push button telephone dialer, black and white tv at no. e-161, v.i.p. road, ultadanga ..... industry. because of various reasons the petitioners had to stop manufacturing activities since 1988. in spite of that the petitioners made representations to all concerned for amending the permanent registration including the aforesaid item of colour tv as the petitioners have already manufactured and sold large quantity of colour tv and consequently the petitioner ..... to rescind, recall or cancel the memo no. nil dated 12-11-1992 issued by the respondent no. 2 and also directing the respondent not to act or further act upon the same. (c) a writ in the nature of certiorari directing the respondent to certify and transit to this hon'ble court records and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2001)77ITD405(Kol.)
..... by the ld. counsel of the assessee towards instruction no. 1964 dated 17-3-1999 issued by the c.b.d.t. explaining the amendments made by the finance (no. 2) act, 1998 enlarging the definition of assets to include business or commercial rights, right to manufacture, produce or process an article or thing, the board ..... 2.2 that the assessee promoted a partnership firm called m/s. western india erectors pvt. ltd. in 1963 for undertaking contracts for the execution of heavy electrical and mechanical construction work and the firm grew to a substantial size, later on another company known as western india erectors pvt. ltd. was promoted in 1970 and ..... is not limited by the words "profits" and "gains". a receipt may be taxable as income although it may contain no element of profit and gain. the act describes sources of income and prescribes methods of computing income but what constitutes income discreetly refrains from saying, the definition of income in the interpretation clause [section 2(24 .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT412(HC)
..... by clause 37 to be subject to the legislative power of the governor general in council and also the governor in council under the government of india act, 1915 and may in all respects be amended or altered in exercise of legislative authority (see :- state of west bengal v. r.c. banerjee, reported in calcutta law times, 1999(1) hc 52).13 ..... ) can no longer said to be applicable to order 37 as it stands after the amendment. the division bench was also of the opinion that by virtue of the decision of the supreme court in shah babu lal khimji v. jayaban d. kania &anr.;, reported in ..... as it stood then envisaged a decree being passed subsequently.3. the latter division bench presided over by ruma pal, j. (as lordship then was) noticed the amendment to order 37 by the amendment of the code of civil procedure on 1976 and was of the view that the said two decision in (1) hiralal deb gupta and (2) bonwarilal roy (supra .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT355(HC)
..... his from service. (c) an order directing the respondents not to give effect to the rules and regulations made by the state of west bengal consequent upon the amendment act of 1994.' 16. the interim order which was passed in the said writ application was to the effect that the respondents were asked not to disturb the current ..... note that in o.a. no. 7979 of 1998 the petitioner sought for the following reliefs;'(a) an order declaring section 9 of the amendment act ( 59 of 1994) of the legal services authorities act, 1987 ultra vires the constitutional of india. (b) an order directing the respondents not to dispense with the services of the applicant nor to ..... the post has been illegally taken away by the employer. we, therefore, set aside the impugned order and judgment of the high court and direct the maharashtra state electricity board to appoint the appellant to the post for which he was duly selected within two months from today. we make it clear that appointment would be prospective .....
Tag this Judgment!Court : Kolkata
Reported in : (2000)3CALLT434(HC),[2002]110CompCas162(Cal)
..... expressed by u.n. bachawat, j. in tej kumar case : air1981mp55 in the madhya pradesh high court reflect the correct legal position after the 1976 amendment we hold that the respondent-defendant in an appeal can, without filing cross-objections attack an adverse finding upon which a decree in part has been passed ..... matter only with respect to the provisions of section 398.41. what according to the respondents (employees share holders) are the principal charges on defalcation, mismanagement, acts of illegalities conducted, which are prejudicial to the interest of the company (swc) its share holders and prejudicial to public interest are said to be the following ..... it should have itself either investigated or superseeded the board in its entirely.61. it was next contended that the proceedings under section 408 of the act and the proceeding under sections 397/398 could not have been investigated simultaneously. the statutory power which vested in the central government to appoint directors had .....
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