Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-07-2003
Reported in : (2003)87ITD189(Pune.)
..... cit (2002) 253 itr 578 (p&h) the assessee challenged the charging of interest on the ground that no definite order for payment of interest under section 234b of the act had been passed in the assessment order and that the direction given in the assessment order for charging interest was vague and not specific.hon'ble high court ..... issues is being dismissed, therefore, the appeal of the assessee as well as of the revenue would be treated to have been accepted partly.reference under section 255(4) of the it act, 1961u.b.s. bedi, j.m.as there is a difference of opinion between the members on the bench, following points of difference are being ..... 64,940.4. the assessee appealed to the learned cit(a) and submitted that the assessee had maintained regular books of account which had been audited under section 44ab of the act. it was further stated that proper quantitative particulars had been maintained and produced for verification of the ao. the purchases and sales were also fully supported and .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-07-2003
Reported in : (2003)87ITD264(Pune.)
..... charges for repairs to machinery and interest on unpaid sale proceeds of machinery are attributable to priority industry. these were held eligible for deduction under section 80-i of the act. the court held that carrying out of repairs to machinery manufactured and sold by the assessee was an activity, which had a direct nexus to ..... has to be assigned a restricted meaning as compared to the words "attributable to" or "referable to" and, therefore, to avail of a rebate under section 80hh of the act, an assessee must establish that he has derived profits or gains form an industrial undertaking. in other words, the industrial undertaking must itself be the source of ..... was entitled to use the import entitlements that it had earned to others.its total income included the sale proceeds from such import entitlements. relief under section 80hh of the act was claimed on such sale proceeds. the apex court held that the source of import entitlements could only be said to be the export promotion scheme .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Decided on : Mar-07-2003
Reported in : (2004)91ITD1(Pune.)
..... the case of assessability of cash credits. whereas under the pre-1961 law, the cash credits were assessable only in the financial year in which they appeared, under section 68 of the 1961 act, the credit may be charged to tax as the income of the assessee of the relevant previous year. in this case, the credit was on 3rd july, ..... the assessee that the amounts had been earned in speculation business. the ito included the cash credits in the asst.yr. 1950-51 and also imposed penalty under section 28(1)(c) of the it act. in appeal before the tribunal, the assessee contended that penalty could not be imposed in the asst. yr. 1950-51. but the tribunal upheld the penalty ..... that no actual concealment was established was also a finding of fact and, therefore, the assessee would be held to have discharged the onus under explanation to section 271(1)(c) of the it act.14. the learned cit(a) has relied on the decision of the hon'ble bombay high court in the case of jainarayan babulal v. cit (1988) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2003
Reported in : AIR2003SC1216; 2003(4)ALLMR(SC)316; JT2003(3)SC86; 2003(3)SCALE124; (2003)5SCC669; [2003]2SCR852; 2003(2)LC1427(SC)
..... privilege to that person by or on behalf of the state government.'7. or attention was also drawn to sub-section (1) of section 114, sub-section (1), clause (u) of sub-section (2) of section 143 and section 58a of the prohibition act read prior to 18.5.1998 which run as follows:'114(1) all duties taxes, fines (except fines imposed ..... a strict test.71. in conway brothers and savage v. mulhern and co. (limited) [vol.xvii (1900-1901) the times law reports 730] sub-section (1) of section 10 the finance act, 1901 interpretation whereof fell for consideration was in the following terms:'where any new customs import duty or excuse duty is imposed, or where any customs import ..... of the rules of 1966 and rule 6(36) of the rules of 1973, additional amounts were or could be demanded, as also directly under section 58a and section 114 of the prohibition act. in our opinion, the high court has erred in not appreciating the submissions of the appellants that the judgment in the case of polychem appears to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-10-2003
Reported in : AIR2003SC1201; 2003(4)ALLMR(SC)389; [2003(97)FLR422]; (2003)3GLR281; [2003]2SCR799; 2003(2)LC919(SC)
..... have to be a member and precisely that was the reason why no separate qualification for the appointment of a president has been laid down in the act. sub-section (4) of section 10 of the act lays down the eligibility criteria of a member only. it is, therefore, significant that for the purpose of appointment of a member as also the ..... the high court is imperative.31. although we do not find any difficulty interpreting the provisions, even if it be assumed that the provisions of sub-section (2) and sub-section (4) of section 10 of the act render two different meanings, it is trite, that in such an event the rule of purposive construction should be taken recourse to.32. in jt ..... part of the government to enforce those rules in the near future. (see vimal kumari v. state of haryana and ors. : [1998]1scr658 )29. sub-section (4) of section 10 of the act states that a member of the industrial court shall be a person who is or has been a judge of high court or is eligible for being appointed .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-2003
Reported in : 2003(4)KarLJ203
..... the rights of the students to take the services of the teachers to give specialised coaching or training to them. the restriction imposed under section 4 of the act only prevents the employees of a recognised educational institution from giving private tuition outside the premises of the recognised educational institutions. the students who ..... the students in the educational institutions. therefore, if the state which has the responsibility of regulating the education in the state, has by incorporating section 4 of the act, mandates recognised educational institutions not to allow tuition by its employees and also prohibits such employees from giving tuition, in my view such a ..... 8. in the light of the rival contentions advanced, the only question that would emerge for my consideration is as to whether sub-section (28) of sections 2 and 4 of the act are liable to be declared as unconstitutional on the grounds urged by the learned counsel appearing for the petitioners?9. it would be useful .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : 2003(2)ALLMR409; 2003(3)BomCR481
..... government resolutions, set up scrutiny committees for the verification of caste and tribes claims. these committees now find statutory recognition in the provisions of the act. section 3 of the act requires any person belonging to a reserved category who seeks a benefit in public employment, for admission into any educational institution or for contesting an ..... of land revenue and the election of such person shall be deemed to have been terminated retrospectively.' a criminal offence and penalty is provided for in section 11 of the act in the following terms:'11. (1) whoever, - (a) obtains a false caste certificate by furnishing false information or filing false statement or documents ..... the caste certificate is that it is based on a false claim or declaration by such person claiming to belong to a reserved category. in section 10(4) of act xxiii of 2001, the disqualification is attracted where a person has contested an election for a local authority, co-operative society or statutory body .....
Tag this Judgment!Court : Karnataka
Decided on : Mar-10-2003
Reported in : ILR2003KAR2343
..... 8. in the light of the rival contentions advanced, the only question that would emerge for my consideration is as to whether sub-section (28) of section 2 and section 4 of the act are liable to be declared as unconstitutional on the grounds urged by the learned counsel appearing for the petitioners?9. it would be ..... the rights of the students to take the services of the teachers to give specialised coaching or training to them. the restriction imposed under section 4 of the act only prevents the employees of a recognised educational institution from giving private tuition outside the premises of the recognised educational institutions. the students who ..... the students in the educational institutions. therefore, if the state which has the responsibility of regulating the education in the state, has by incorporating section 4 of the act, mandates recognised educational institutions not to allow tuition by its employees and also prohibits such employees from giving tuition, in my view such a .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-10-2003
Reported in : AIR2003Bom351; 2003(3)ALLMR148; 2003(3)BomCR1; 2003(2)MhLj742
..... . in paragraph 5, the court observed:'having considered the respective contentions, the question that arises for consideration is : whether publication of the notification under section 10(3) of the act in the gazette is in accordance with law? no doubt, this question was not squarely put in issue before the high court in the manner in ..... and void and land would be reverted back to the government. it was denied that conditions laid down in the order dated 11th january, 1984 under section 21 of the act made conditions of sanad ineffective, nugatory and inoperative. it was stated that the land was given for dwelling houses of employees of the petitioner company, ..... been given, they had been heard and excess land over the ceiling limit had been determined. pursuant to the decision taken under section 10(1) of the act, objections came to be filed under section 10(2) and objections also were considered and an opportunity was given before their consideration and objections came to be rejected. the .....
Tag this Judgment!Court : Chennai
Decided on : Mar-10-2003
Reported in : (2003)IILLJ715Mad
..... period of three years on and from 15th march 1984. the second respondent relying on the said g.o., has come to the conclusion that section 41 of the act is applicable to the first respondent as the said provision was not exempted and as the period of the g.o. had also over. the ..... have wrongly exercised the said power, the 1st respondent cannot take advantage of the same to contend that the petitioner is estopped from relying on section 4(1)(c) of the act. there cannot be any estoppel with reference to the statute. in view of the above, the said submission of the learned counsel for ..... provide for the regulations of conditions of work in shops, commercial establishments, restaurants, theatres and other establishments, and for certain other purposes. section 2(3) of the act defines 'commercial establishment'. section 2(6) of the act defines 'establishment', which means a shop, commercial establishment, restaurant, eating-house, residential hotel, theatre or any place of public amusement or .....
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