Judgment Search Results Home > Cases Phrase: finance act 1968 chapter i preliminary Court: delhi Page 1 of about 1,655 results (0.417 seconds)

1. Mrs. Kailash Suneja (C.W. No. 5220 of 1993 and C.M. No. 1988 of 199 ...

Court : Delhi

Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)

..... to the appropriate authorities.section 269g provided for an appeal to the tribunal against the order of the competent authority and section 269h provided for a further appeal to the high court.the chapter xx-c was inserted by the finance act, 1986, with effect from 1st of october 1986. i do not want to advert to the scope of the finance act because the objects had already been extracted.thus, in the light of the above position of law, the approach made by the appropriate authority cannot be said to be in accordance with ..... had not at all discharged this burden and, thereforee, the purchase order is liable to be quashed. learned counsel relied upon the passage of the judgment of the supreme court in state of madhya pradesh v. d. k. jadav, air 1968 sc 1186, wherein supreme court had held :'it is well settled that where the jurisdiction of an administrative authority depends upon a preliminary finding of fact the high court is entitled, in a proceeding for a writ, to determine, upon its own .....

Mrs. Kailash Suneja and ors. Vs. Appropriate Authority and ors.

Court : Delhi

Reported in : (1998)145CTR(Del)560

..... . 269-g provided for an appeal to the tribunal against the order of the competent authority and s. 269-h provided for a further appeal to the high court.29. the chapter xx-c was inserted by the finance act, 1986 w.e.f. 1st of october, 1986. i do not want to advert to the scope of the finance act because the objects had already been extracted.30. thus, in the light of the above position of law, the approach made by the appropriate authority cannot be said to be in ..... . gautams case (supra) and submitted that the appropriate authority had not at all discharged his burden and, thereforee, the purchase order is liable to be quashed. the learned counsel relied upon the passage of the judgment of the supreme court reported in air 1968 sc 1156 wherein the supreme court had held :'it is well settled that where the jurisdiction of an administrative authority depends upon a preliminary finding of fact the high court is entitled, in a proceeding for a writ, to determine upon its own independent jud .....

U.A.E. Exchange Centre Ltd. Vs. Union of India (Uoi) and anr.

Court : Delhi

Reported in : (2009)223CTR(Del)250; [2009]183TAXMAN495(Delhi)

..... our reasoning with respect to preliminary objection of the respondent5. the provisions for advance ruling are contained in chapter xix-b of the act, which was introduced in the act, by virtue of the finance act, 1993 w.e.f. 1st jan., 1993. the said chapter consists of sections commencing from section 245n, section 245v. section 245n deals with definitions of various terms used in the chapter which, in sum and substance, define as to who can approach the authority and, the kind of transactions ..... entertain actions under article 226 of the constitution impugning the ruling given by the authority under section 245r of the act. [see : dhulabhai v. state of mp : [1968]3scr662 ) and gurbax singh v. financial commr. and anr. : air1991sc435 ]. the principles enunciated in the aforementioned judgments clearly point to the fact that section 245s in chapter xix-b of the act cannot be construed as an ouster clause, ousting the jurisdiction of the courts.7. this brings us to a question as to whether .....

Collector of Central Excise Vs. U.P. Twiga Fibre Glass Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1985)(5)LC2147Tri(Delhi)

1. respondents are primarily engaged in theanufacture of mineral fibres Appeal allowedd yarn. One of the components of their machinery, namely, platinum/rhodium bushings, gets worn out in course of use and requires to be remade. The department has permitted them to remake them with the help of a secondary manufacturer at Calcutta in terms of the special procedure laid down in rule 56C of the Central Excise Rules, 1944. The short point that falls for decision in this case is whether the respondents are entitled to take the remade bushings into use in their factory free of duty under Rule 56C(2) or, in the alternative, under exemption Notification No. 118/75-CE dated 30-4-1975.2. Before commencing discussion on the point of dispute, it would be helpful to notice the relevant portion of the rule as well as the exemption notification : "56C. Special procedure for the movement of finished goods falling under Item No. 68 without payment of duty. (2) The finished goods brought by a primary m...

Kanta Mehta Vs. Union of India and Others

Court : Delhi

Reported in : [1987]62CompCas769(Delhi)

..... public. section 8 prohibited the banking companies from directly or indirectly, dealing in the buying or selling or bartering of goods. by an amendment made in 1968, section 10a of the act provided for a board of directors to include persons with professional or special knowledge or practical experience in respect of matters amongst others of accountancy, banking, economics, law and finance. sub-section (5) of section 10a, further empowers the reserve bank to vary the composition of the board of directors of the banking company ..... may be problems of adjustment is no argument of invalidity, for every new legislation especially economic legislation poses a situation, but that cannot be a reason for striking down the legislation as unconstitutional. 56. there is also a safeguard that chapter iii-c is being operated under the supervision and control of the reserve bank of india. in this regard, a reference may be made to joseph kuruvilla vellukunnel v. rbi (1962) 32 comp case 514 (sc). there .....

Maruti Suzuki India Ltd. Vs. Commissioner of Income Tax

Court : Delhi

Dr. S. Muralidhar, J. Introduction 1. These are two appeals by the Assessee, Maruti Suzuki India Ltd. ( ˜MSIL'), under Section 260A of the Income Tax Act, 1961 ( ˜Act'). ITA No.110 of 2014 is directed against an order dated 2nd August 2013 passed by the Income Tax Appellate Tribunal ( ˜ITAT') in ITA No.5237/Del/2010 for the Assessment Year ( ˜AY') 2005-06. ITA No.710 of 2015 is an appeal against the order dated 24th August 2015 passed by the ITAT in ITA No. 5120/Del/2010 for the AY 2006-07. 2. These appeals concern the issue of determination of arm's length price ( ˜ALP') of the advertisement, marketing and sales promotion ( ˜AMP') expenses incurred by the Assessee, MSIL. 3. By the impugned order dated 2nd August 2013, the ITAT followed its decision in LG Electronics India Pvt. Ltd. v. ACIT 2013 22 ITR (Trib) I and held that the Assessing Officer ( ˜AO') was entitled to make a transfer pricing adjustment under Chapter X of the Act in respect of...

Sukh Ram Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)99ITD417(Delhi)

1. This appeal by the assessee is directed against the order of Assistant Commissioner of Income-tax, Central Circlc-2, New Delhi (Assessing Officer), dated 26-8-1997 passed under Section 158BC for the block period comprising of assessment years 1987-88 to 1997-98 and a further period up to 16-8-1996.2. The assessee in the present case is an individual deriving income mainly from agriculture. He is also involved in active politics from the State of Himachal Pradesh and occupied the public offices in different capacities including that of State Minister of Communication, Government of India. A search and seizure operation was conducted by the Central Bureau of Investigation (CBI) at the residential premises of the assessee situated at Mandi and Delhi on 16-8-1996 which commenced early in the morning. Later on, authorized officers of the Income-tax Department also joined the CBI with a warrant of authorization issued under Section 132(1) apparently on the basis of information received f...

Kailash Moudgil Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2000)72ITD97(Delhi)

1. When these three appeals together with several other appeals of similar type were pending in the Tribunal all over the country, the Chief Commissioner of Income-tax III, Delhi, addressed a letter dated 14-8-1998 bringing to the notice of the President the pendency of several appeals, involving block assessment orders, filed by the assessee in which grounds/additional grounds were raised about the legality of the approval given by the Commissioners of Income-tax approving the block assessment orders. The main contention of the assessees in those cases is that the Commissioner is required by law to give an opportunity of hearing to the assessees before giving approval and it is also contended that the Commissioner is required by law to record his reasoning in writing while approving the order of the Assessing Officer. This issue is involved in almost all the block assessments all over the country numbering hundreds. There is a possibility of difference of opinion amongst different Be...

Shri Dev Kumar JaIn Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

1. This is an appeal filed by the assessee against the order dated 1/3/2002 of CIT(A)-XXII, New Delhi pertaining to 1998-99 assessment year. "1. The Learned Commissioner of Income Tax (Appeals) has grossly erred both on facts and in law in confirming the income of the appellant at Rs. 21.20.632- assessed by the Learned Assessing Officer, without appreciating the detailed submissions in writing filed by the appellant. during appellate proceedings. 2. The Learned Commissioner of Income Tax (Appeals) has grossly erred both on facts and in law, in confirming the action of the Assessing Officer of referring the Plot at Tarun Enclave, Pitam Pura, New Delhi for Valuation. without giving adequate opportunity to the appellant. 3. The Learned Commissioner of Income Tax (Appeals) has grossly erred in upholding the action of the Assessing Officer who adopted the Sale Value of the Plot at Tarun Encalve, Pitam Pura, New Delhi at Rs. 22, 33, 662/- against Rs. 4, 02, 000/- received by the appellant a...

Wood Craft Products Ltd. Vs. Collector of C.Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(22)ECC86

1. When these stay applications came for hearing on 9.12.1988, Shri B.K. Gupta, learned S.D.R., raised a preliminary objection that the appeals had not been signed by the Principal Officer of the Company in accordance with the Central Excise (Appeals) Rules, 1982. Shri D.N.Mehta, learned Advocate for the appellant-applicants wanted to argue on the preliminary objection and the matters were adjourned to 13.1.1989.On 13.1.1989, when the matters were called, Shri Mehta made a request for adjournment on the ground that he wanted time to rectify the defect as was observed on 9.12.1988. The matters were, therefore, adjourned to 16.2.1989. On 16.2.1989, Shri Mehta stated that the appellant-applicants had rectified the defect by filing fresh appeals duly signed by the Vice-President (Finance) of the Company and the same were presented in the registry on 9.2.1989. Shri Gupta raised a preliminary objection stating that earlier, appeals filed by the appellant-applicants being defective, should b...