Court : Rajasthan
Reported in : (1995)127CTR(Raj)413; [1995]213ITR98(Raj)
..... treating him as the assessee in default. sub-section (1a) of the said section fastens the liability to pay simple interest at the rate of 12 per cent. per annum on the amount of tax from the date on which the tax was deductible till the date the tax was actually paid. the finance act of 1966 has made certain amendments by which ..... it was held that the employer could not be deemed to be an assessee in default within the meaning of section 201 of the income-tax act, 1961, for not deducting at source tax payable on the amount. the provisions of section 201 require deduction of tax at source in respect of the matters referred to therein and failure to deduct the ..... questions of law arising out of its order dated december 3, 1986, in respect of the assessment year 1980-81 under section 256(1) of the income-tax act, 1961 :'(1) whether the tribunal was right in concluding that interest under section 201 need not be levied on the assessee for non-deduction of tax at source for payment covered under .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1960Raj294
..... directors at all. they having done so, the directors themselves should be deemed to have created the charge, and thus infringed section 8 of the insurance act. section 13 of the rct habilitation finance administration act of course provides that the assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed to ..... deposited this amount with the reserve bank of india for the purpose of carrying on the life insurance business under section 98(2) of the act. it is submitted that by virtue of section 13 of the rehabilitation finance administration act, there was a charge attached to the loan itself, and, therefore, it should not have been taken by ..... their own created such a charge. the charge was created by operation of law and it was no fault of the directors if section 13 of the rehabilitation finance administration act had an overriding effect notwithstanding any law or usage to the contrary.7. it is next contended that the directors should not have taken .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC62
..... (mentioned in the appended schedule) raise an interesting question of law in the matter of one lime tax scheme introduced by way of insertion of section 3(1b) of the finance act, 1989 (act no. 6 of 1989)(2). the questions for our consideration are that:-(1) whether, fresh assessment is permissible under the law in respect of ..... in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b of the act cannot and need not be compared with section 3 (1b) of the act which has been subsequently introduced by the rajasthan ordinance of 1988 or by the finance act, 1989; and, the two provisions deal with altogether separate situations. land and ..... introduced in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b cannot and need not be compared with section 3(1b) of the act which has been introduced subsequently by the rajasthan ordinance of 1988 or by the finance act, 1989; and, the two provisions deal with separate situations altogether. (5) the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217
..... mentioned in the appended schedule) raise an interesting question of law in the matter of the one-time tax scheme introduced by way of insertion of section 5(1b) of the finance act, 1989 (act no. 6 of 1989).2. the questions for our consideration are :'(1) whether, fresh assessment is permissible under the law in respect of the ..... reliance has been placed on the decision of the supreme court, reported in sudhir chandra nawn v. wto : [1968]69itr897(sc) . learned counsel for the petitioner has also submitted that section 3(1b) was inserted in the act for making provision for one-time payment of tax and the law department has clarified that one-time tax shall ..... in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b of the act cannot and need not be compared with section 3(1b) of the act which has been subsequently introduced by the rajasthan ordinance of 1988 and by the finance act, 1989 ; and, the two provisions deal with altogether separate situations. land .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(1)Raj896; 2009(1)WLN152
..... exists prescribing the age of superannuation, but a resolution of the board of management of the sangh (resolution no.38) having nature similar to the provisions of section 28 of the act of 1953 is in operation, as such it can be safely said that the amendment introduced in rule 56 vide notification dated 24.5.2004 being integral ..... it is open for any body or everybody to adopt and apply qertain provisions if not otherwise restricted by its own rules or regulations. the clarification made by the finance secretary of the government of rajasthan in no way stops application of the rsr or any other provision made by the state of rajasthan, if already accepted and adopted ..... factual position as above, the implication of the letter dated 10.8.2004 is to be examined as the sole stand of the respondent sangh is that the finance secretary of the government of rajasthan by the circular aforesaid clarified that the age of superannuation prescribed by making amendment of rule 56 of the rsr shall not be .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of main enactment as also the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without ..... facts and they are required to be determined by the authorities under the act. against the assessment order by the respondent sub-registrar, an appeal lies before the d.i.g. (stamps) as per section 48 of the rajasthan finance act, 2006, and under section 51, a revision before the state government, which are quoted below for ..... ready reference: 48. appeals: - (1) any person aggrieved by an order under sections 42, 43 or 44, may at any time before the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of main enactment as also the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without ..... facts and they are required to be determined by the authorities under the act. against the assessment order by the respondent sub-registrar, an appeal lies before the d.i.g. (stamps) as per section 48 of the rajasthan finance act, 2006, and under section 51, a revision before the state government, which are quoted below for ..... ready reference: 48. appeals: - (1) any person aggrieved by an order under sections 42, 43 or 44, may at any time before the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1980]45STC295(Raj)
..... respectful agreement with the decisions of this court in the shanti bai's case [1968] 21 s.t.c. 458. ..... different powers. it may also be pointed out that in the bengal finance (sales tax) act, 1941, which is extended to the union territory of delhi, section 12f was introduced by the finance act of 1972, which made a similar provision as was made in section 19(3) of the bombay sales tax act, 1959.11. in view of the aforesaid discussion, we are in ..... and the mst. j eeyakanwar's case [1968] 21 s .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)176CTR(Raj)165
..... the government of india introduced the scheme in the name of kar vivad samadhan scheme, 1998, under chapter iv of finance act, 1998, with a view to provide a quick and voluntary settlement of tax dues as on 31-3-1998, both in various direct tax enactments as well as ..... hearing. in these circumstances, it is obligatory for the designated authority to proceed with the declaration proceedings as provided under sub-clause. (1) and sub-clause. (2) of section 90. accordingly we direct the designated authority to proceed in accordance with law on the declaration filed by the petitioner.8. in view of this direction the petitioner seeks permission ..... be prescribed to the declarant setting forth therein the particulars of the tax arrear and the sum payable after such determination towards full and final settlement of tax arrears.'section 95 is the most relevant provision and has a direct bearing on the controversy involved in the instant case. the provision is extracted as follows:'95. the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)57CTR(Raj)185; [1987]168ITR364(Raj)
..... was not comprehensive enough so as to include gold ornaments not studded with precious or semi-precious stones prior to the insertion of explanation 1 to section 5(1)(viii) by the finance (no. 2) act, 1971, with effect from april 1, 1972. in this view of the matter, we uphold the view taken by the income-tax appellate tribunal ..... limit of rs. 25,000 which is imposed by the legislature in respect of jewellery and ornaments falling under clause (xv) of sub-section (1) of section 5.8. in pandit lakshmi kant jha v. cwt : [1968]69itr545(patna) , the case of the assessee before the wealth-tax officer was that the entire jewellery worth rs. 27,27,330 ..... it may be observed that the supreme court in arundhati balkrishna's case : [1970]77itr505(sc) , affirming the decision of the gujarat high court in arundhati balkrishna : [1968]70itr203(guj) , held that jewellery is widely used as articles of personal use by ladies in this country, specially by those belonging to richer classes and is excluded from .....
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