Judgment Search Results Home > Cases Phrase: eligible transaction Court: orissa Page 1 of about 100 results (0.042 seconds)

Indian Charge Chrome Pvt. Ltd. Vs. Sales Tax Officer and ors.

Court : Orissa

Reported in : (2008)11VST844(Orissa)

..... for both the parties, the essential issue to be resolved in the present case is:whether the 'deciding criterion' for determination of the quantum/ extent of exemption in terms of 1989 ipr is to be limited only to the transaction of sale of goods by an assessee under the orissa sales tax act and/ or whether the quantum of exported goods ought not to be taken into consideration while stipulating the quantum/extent of exemption19. ..... he further submits that although the main prayer is for issuing amended eligibility certificate by the director of industries, the petitioner actually seeks exemption for transactions which the petitioner has not admitted to be ost transactions in its returns filed before the assessing authorities and therefore, exemption in respect thereof ..... or 'goods the petitioner is licensed to manufacture or has manufactured' or 'sales of any product covered by assessee's industrial licence' or 'the goods that can be produced against installed capacity', but exemption of 'tax liability' in respect of admitted transactions, under the act, on sales of goods from out of the actual production, against installed capacity or licensed capacity. ..... submit that the petitioner in its applications submitted from time to time admitting the transactions of sales to be made referred to the letter of permission or the quantity permitted to be sold within the dta does not, at all in law, supply any connection to the issue of the certificate of eligibility to exemption under the s.r.o. .....

Lingaraj Pipes Pvt. Ltd. Vs. Sales Tax Officer and ors.

Court : Orissa

Reported in : (2007)9VST95(Orissa)

..... the incentives available to new industries in order to fulfil its objectives (vide part ii, page 19), claimed that the petitioner-company duly fulfilled all the objectives and therefore, it was issued with a certificate of eligibility both in form e(96) (annexure 3) as well as certificate of eligibility on sales tax concession on purchase of raw materials, machinery, spare parts, packing materials and finished products under ipr, 1996 (new units) in form ii (annexure 4) issued by the director of industries, orissa ..... we are dealing with the periods of 1999 to 2000, 2000 to 2001 and 2001 to 2002 during which the petitioner-company carried out its transaction, the certificate of eligibility granted by the industries department remained valid. ..... the general manager, district industries center, bhubaneswar issued form ii to the petitioner-company vide annexure 2 declaring therein that the petitioner is eligible for exemption of sales tax on machinery, spare parts, raw materials, packing materials and finished products for a period of five years with effect from january 8, 2000 to january 7, 2005 under ipr 1996 for a period ..... certified by the director of industries on march 29, 2001 to be a 'priority industry' within the meaning of paragraph 2.7 of the ipr 1996 and the director of industries has issued necessary certificate in form e(96) declaring the petitioner-company to be eligible for all the sales tax incentives available under the ipr 1996 under the category of 'priority industry'. .....

Krushna Chandra Vs. Commr. of Endowments and ors.

Court : Orissa

Reported in : AIR1976Ori52

..... the learned counsel for the defendants was also not able to show us any text or law that veka ceremony and ceremony for adoption of a chela must be performed one after another in course of the same transaction, in order that the adopted chela can become eligible to be nominated as a successor of the adopter-mahant. ..... if veka ceremony is an essential ritual to permanently effect transference of the plaintiff from worldly life into spiritual life for all time to come and thereby perfect his initial initiation as a chela and confer on him eligibility to succeed to the trusteeship, it can be performed at any time before the adopter-mahant died and succession opened. ..... it contains the statements of the last deceased mahant regarding transactions by which the plaintiff's claimed right was created. ..... adoption of a chela or nomination of a successor being past transactions would be nullified, even though the obligation of intimation provided in section 39, as indicated above, was impossible of performance. ..... by these two transactions it is contended that the plaintiff has returned to his purbashram and forfeited his right as a duly adopted and nominated chela. ..... is expressed in the language which is fairly capable of either interpretation, it ought to be construed as prospective only and that there is a presumption against a retrospective operation if, when so operated, it would prejudicially affect the vested rights or the legality of past transactions. .....

Parikhit Meher Vs. Manasingh Dharua and ors.

Court : Orissa

Reported in : AIR1981Ori196; 52(1981)CLT217

..... at the time when the transfer took place, the unamended provision was in force and the maximum penalty eligible for the transaction was rs. ..... 200/- as had been provided under section 23 (2) of the orissa land reforms act at the time the transactions took place. 5. ..... patnaik for the petitioner makes a statement that the relief in the writ application shall be confined to the question of eligibility of penalty and its quantum. .....

Saurav Maharana Vs. Council for the Indian School Certificate Examinat ...

Court : Orissa

Reported in : 2007(II)OLR595

..... petitioner cannot claim equity with them.since the council was not aware of the fact that kamaldeep singh, kaushik prakash, bikram topno, santosh kumar nayak and suraj eka were not eligible for promotion from class-xi to class-xii they were allowed to fill up forms to appear in the final i.sc.examination. ..... examination, the council is estopped from questioning his eligibility for promotion from class xi to class xii and appearing in ..... this stage, it is estopped from questioning his eligibility for promotion and his competency in appearing annual i.sc. ..... party no, 4 for onward transaction of the same to the council to appear in annual i.s.c.examination, 2007 which was scheduled to be held in the month ..... of clause (a) of the proviso to rule 31 is statutory and goes to the root and operates to take away the eligibility or right or title of the petitioner to appear in the b.sc. ..... cannot be ordered without regard to the eligibility of the candidates.in the decision haripada das ..... submitted that chapter l(iv)(7) of the guidelines for affiliation to the council ('guidelines' in short) stipulates that the eligibility of candidates for admission to the i.sc. ..... the petitioner was not eligible to be promoted to class xii in terms of the examination regulations and affiliation guidelines of the council since he passed only in three subjects in class xi ..... according to the petitioner, he being eligible to get promotion from class xi to class xii has rightly been promoted and as such annexure-12 deserves to .....

Gobinda Chandra Sahoo Vs. Orissa State Financial Corporation and Other ...

Court : Orissa

..... on 31.3.2007 along with non-refundable processing charge of rs.10,000/- and initial deposit of rs.3,16,850/- but the same was not accepted by the corporation though the petitioner was even made to wait till closure of the transaction hours on the plea of pressure of work on the last date of the financial year. ..... according to the petitioner, though he was eligible to be considered under the ots scheme, 2007, his case was not taken into consideration under the said scheme. .....

Maa Chandi Stone Crushing Vs. the Chief Engineer (Con) - I, East Coast ...

Court : Orissa

Reported in : AIR2005Ori83; 99(2005)CLT457

..... has cautioned that intervention by the court in contractual matters may lead to considerable delay in execution of a project and consequential escalation of cost and therefore unless there is a substantial amount of public interest or the transaction is entered into mala fide, the court should not intervene under article 226 of the constitution in disputes between two rival tenderers ..... . for all these reasons, even if we take a view different than that of the tender committee and hold that the petitioner satisfied the eligibility criteria as prescribed in clause 6.1 of the tender notice for the work in question, we cannot not interfere in the award of the contract in ..... reason, the tender committee in its meeting held on 18.11.2003 took a view that the petitioner did not fulfil the stipulated eligibility criteria laid down in clause 6.1 of the tender notice quoted above because it had not satisfactorily completed supply of minimum 20, ..... he argued that the rejection of the tender of the petitioner on the ground that the petitioner had not satisfied the eligibility criteria in clause 6.1 of the agreement was therefore arbitrary and illegal and violative of the right of the petitioner under article 14 ..... these documents had been furnished by the petitioner along with his tender and these documents would show that the petitioner satisfied the eligibility criteria in clause 6.1 of the tender notice dated 1.9.2003 that a tenderer must have satisfactorily completed supply of minimum of 20,000 .....

Maa Mangala Construction, Paradip Vs. Indian Oil Corporation Ltd. and ...

Court : Orissa

Reported in : 2001(II)OLR600

..... or the public authority was done in safeguarding and with due regard to the public interest, whether the state or the public authority granted equal treatment and made a fairplay in the whole of the transaction, whether the state or the public authority acted mala fide in dealing with the subject and whether deviation, if any, made is illegal or irregular. ..... but, however, a conspectus of the decision of the apex court discussed in the foregoing paragraphs has authoritatively laid down that a term in the tender notice or an eligibility condition stipulated therein is not subject to judicial scrutiny, but the court will certainly step in where the action is arbitrary or discriminatory if the policy adopted has no nexus with the object it seeks to achieve ..... an immediate employer like the petitioner and as such, incorporation or stipulation of such requirement in the notice inviting tender as a minimum eligibility clause is illegal, unreasonable and only to deprive the petitioner and all such tenderers from competing for award of the work under tender. ..... /contractor like the petitioner is of no avail in view of the requirement of law, such a clause in the tender as an eligibility condition is unreasonable and without any purpose to oust the petitioner from consideration has considerable force. ..... 1979 sc 1628 in support of his contention that a term in the tender notice or an eligibility condition fixed therein is not subject to judicial scrutiny and the court could not interfere in such .....

Rajendra Prasad Bagaria Vs. Bhubaneswar Stock Exchange Association Ltd ...

Court : Orissa

Reported in : 85(1998)CLT681; [1999]97CompCas182(Orissa)

..... the stock exchange instead of carrying out the direction of the central government, illegally squared up the transaction, carried forward the same to the next settlement and imposed a penalty of rs. ..... it is also submitted that on expulsion of membership of the exchange the petitioner has ceased to meet eligibility criteria stipulated for registration of brokers under rule 4(a) of the securities and exchange board of india (stock brokers and sub-brokers) rules. ..... since the stock exchange has the responsibility of regulating the transactions and consequently make payments through the clearing house of the stock exchange, no fault can be found with the stock exchange either for suspending or expelling the petitioner or auctioning the card of the petitioner for ..... 1 compelling him to pay margin money by compulsorily carrying forward the transactions of fifth settlement to sixth settlement of 1993. ..... it was an act to prevent undesirable transactions in securities and regulation of business dealing therein by prohibiting options and by providing for certain other matters connected therewith. ..... the details of transaction have been given and it is stated that non-delivery of shares despite demands by the investors amounts to default on the part of the members who sold it. ..... but retention of membership is certainly dependent upon compliance with certain eligibility criteria. .....

Sudarshan Gochhayat. Vs. State of OrissA.

Court : Orissa

..... records, no such procedure appears to have been followed and the grant of lease of hundreds of acres of government land in favour of the beneficiary company has been made without following the procedure contemplated in the business transaction rules framed by his excellency the governor in exercise of power under article 166 (3) of the constitution. ..... it forewarns the owners and other interested persons not to change the character of the land and, at the same time, make them aware that if they enter into any transaction with respect to the land proposed to be acquired, they will do so at their own peril. ..... with reference to the existing record of rights and map to ascertain whether the land applied for is free from encroachment of encumbrance or not, whether lease can be granted has to be examined and whether the applicant is eligible to get the land for the purpose for which he has applied. ..... observed that fraud vitiates all transactions known to the law of however high a degree of ..... can the ingredients, which establish fraud in commercial transaction, be of assistance in determining fraud in administrative law ..... relation to statute must be a colourable transaction to evade the provisions of a statute. ..... from private' to public' company, the said laxmi narayan agarwal has been shown as one of the directors of anil agarwal foundation which demonstrates the mala fide intention of the company to obtain conversion so as to have eligibility for acquisition of land under the provisions of l.a. .....