Court : Punjab and Haryana
Reported in : AIR1960P& H614
..... well as before us. in the first instance, it was urged that the aforesaid contract did not fall within the mischief of s. 7(d) of the representation of people act. section 7(d) provides:'a person shall be disqualified for being chosen as, and for being, a member of * * * the legislative assembly * * * of a state-- if, whether by himself or by ..... partnership was formed, the firm had been able to enter into a contract with the central government and thus it was quite natural for the firm to look for more finances to be able to cope with the orders which it expected to be placed with it as a result of this contract and there is nothing inherently wrong in shri ..... get a contract for the supply of some of these items to the central government.in order to have more finances to be able to make the supply of the goods to the central government a partnership firm under the indian partnership act was formed on 2-1-1956, vide exhibit p. 36. one thakar singh, a relation of shri karam singh .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2009]310ITR209(P& H)
..... professional doctor practising in the field of medical profession would be included within the scope of investment allowance under section 32a of the act. the court accordingly allowed a deduction to the assessee for the aforesaid expenses as investment allowance. in this behalf, reference may be made to ..... stabilizer and scanner, as well as, equipment to be utilized for pathological tests, were treated as purchases falling within the scope of investment allowance under section 32a of the act.7. the matter was also adjudicated upon by the gujarat high court wherein, it arrived at the conclusion that air-conditioner and fans purchased by a ..... entitled to deduction for the purchase of an ultra-sound machine, as also, the purchase of an air-conditioner and a stabilizer, as investment allowance under section 32a of the act.6. the issue under reference came for determination at the hands of the high court of andhra pradesh in cit v. dr. s. surender reddy .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2002]253ITR205(P& H)
..... tax at source from the petitioners is illegal and without jurisdiction. as a logical corollary, it has to be held that the provisions of section 206c as amended by the finance act, 1992, are not available to the income-tax department to compel citco to deduct income-tax at source from the petitioners.'8. in naresh ..... statutory provisions and decisions which have a bearing on the adjudication of the issue raised by the petitioners. by virtue of the finance act, 1988, sections 44ac and 206c were inserted in the 1961 act for computing the profits and gains from the business of trade in certain goods, including liquor, with effect from april 1, 1989 ..... court was dismissed by the supreme court.4. thereafter, by virtue of the finance act, 1992, section 44ac of the 1961 act was deleted and its substantial portion was incorporated in section 206c, making it a charging as well as collecting section. the relevant extract of section 206c (as it stands after the amendment of 1992) reads as under :'206c .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1971]80ITR248(P& H)
..... argument was addressed only half-heartedly and was not pressed and it is not necessary to further consider the same.24. in view of the above discussion section 24 of the finance act, 1969, amending the definition of 'net wealth' in the wealth-tax' by including agricultural land in the assets for the purpose of computing net wealth, ..... the aggregate value of all the debts owed by the assessee on the valuation date, ....'3. the definition of 'assets' given in section 2(e) as it existed prior to the amendment made by the finance act, 1969, was as follows:-'assets includes property of every description, movable or immovable but does not include- (i) agricultural land and ..... w. 2291 of 1970) and the other by a private person (c. w. 2673 of 1970), challenging the validity of section 24 of the finance act, 1969, so far as the same amended relevant provision of wealth tax act, 1957, and included the capital value of agricultural land in computing the total assets on which wealth tax is payable.2. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1990(26)ECC153; 1990(48)ELT363(P& H)
..... first schedule. the first schedule is a part of the enactment and only parliament is empowered to amend the same. this has actually been done on several occasions by the finance acts.24. we are thus of the considered view that rubber chappals manufactured by the petitioner did not cease to be excisable goods within the meaning of the ..... of rule 8 of the central excise rules, 1944 (hereinafter referred to as 'the rules') ceases to be ex-cisable goods within the meaning of section 2(d) of the central excise and salt act, 1944 ('the act' for short) is the short but important question raised in this writ petition.2. m/s hind rubber factory, the petitioner in the present ..... and to the liability in regard to the excise duty and they have been connected by the every significant words 'as being'. giving effect to every word in the sub-section, its meaning appears to be that all goods which are subject to duty by virtue of being included in the first schedule must be treated as excisable. the second .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2001)170CTR(P& H)251
..... grant the benefit of depreciation when it has not been claimed by the assessee. this position is further obvious from the fact that in the finance act, 2001, explnation 5 has been inserted in section 32(1)(ii) with effect from 1-4-2002. it has been inter alia provided that the provision shall apply 'whether or not the ..... was notionally allowed to him. a thing is allowed when it is claimed. a subtle distinction is there when we examine the language used in section 16 and sections 34 and 37 of the act, it is rightly said that a privilege cannot be to a disadvantage and an option cannot become an obligation. the assessing officer cannot grant ..... provision allowing the benefit of depreciation to the assessee 'on the written down value at the prescribed rate'. specific provision in this behalf has been made in section 32 of the act. it is implicit in the provision that the assessee has to disclose the value of the vehicle and can claim depreciation at the prescribed rate. however, the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)198CTR(P& H)86; [2005]277ITR80(P& H)
..... the amended section reads as under :(1a) (a) where, as a result of the adjustments made under the first proviso to ..... year 1989-90 relates to the financial year 1988-89 and the amendment made by the finance act, 1993, was given retrospective effect from april 1, 1989. learned counsel submitted that the express retrospectivity given to the amendment made in section 143(1a) cannot be further extended by judicial interpretation.4. shri rajesh bindal, learned counsel ..... clause (i) of clause (a) of sub-section (1) ;(ii) where any refund is due under sub-section (1), reduce the amount of such refund by an amount equivalent to the additional income-tax calculated under sub-clause (i).'6. sub-section (1a) of section 143 was amended by the finance act, 1993, with effect from april 1, 1989. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1992)108CTR(P& H)427; [1993]203ITR201(P& H)
..... of the country liquor, in view of the proviso to clause (a) of sub-section (1) of section 44ac of the act : circulated by the central board of direct taxes, delhi, dated june 26, 1989 (annexure p-1)'10. section 206c of the income-tax act, 1961, as amended by the finance act, 1992, reads as under :' 206c. (1) every person, being a seller shall, at the ..... distinguished and with respect of l-13 licensees, it was held that income-tax could not be deducted from the sales made to them by the distilleries under sections 44ac and 206c of the act. the judgment of the himachal pradesh high court was agreed to and relied upon in k. k. mittal's case by the division bench of this court ..... is that the ratio of the decision of this court in k, k. mittal's case which is reported as , would be applicable to the provisions of section 206c of the income-tax act as amended, as there is no practical change in the phraseology used with respect to l-13 licensees.5. on the other hand, the stand taken by the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)204CTR(P& H)395
..... for the period of such delay. at any rate whatever lacuna was there in the provisions of section 44ab or section 271b has since been plugged by the legislature by virtue of amendments made in sections 44ab and 271b by the finance act, 1995. a further obligation has been cast on an assessee who is required to obtain the ..... accounts audited under section 44ab, also to furnish the audit report to the ao before the specified date. similarly, section 271b has also been amended so as ..... cause for the said failure. 6. in cit v. capital electronics : [2003]261itr4(cal) , a division bench of the calcutta high court interpreted section 271b of the act and held:section 271b of the it act, 1961, inserted w.e.f. 1st april, 1985, began with the phrase 'if any person fails without reasonable cause, to get his accounts audited .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1993(43)ECC88; 1993LC25(P& H); 1993(67)ELT281(P& H)
..... cause notice for the subsequent period annexure page 8 the stand of the department with respect to fixation of value as contemplated under section 4(4)(d)(ii) of the act clause 47 of the finance act of 1982 which has been made effective from october 1,1975 is that the amount of duty of excise payable on any excisable ..... observed as under :-'this extra amount collected by the party becomes part of the assessable value and after adding this amount in 'value' already fixed under section 4 of the act, if the value exceeds the permissible limits as given in the exemption notification, the article no longer remains exempted under the said notification and the duty ..... excise under the notification dated july 24,1967. it may be noticed that at that stage the duty involved related to the years 1967 and 1968 and provisions of section 4 of the act 1944 as it then existed were so interpreted. it was observed that before determining the question of availability of the exemption under the notification .....
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