Court : Punjab and Haryana
Decided on : Dec-13-1991
Reported in : (1992)105CTR(P& H)378; [1993]199ITR490(P& H)
..... by the sale of the land, that is, by conversion of the land into cash. the resultant income is not agricultural income. the explanation inserted in section 2(1a) by the finance act, 1989, with effect from april 1, 1970, makes the position clear when it declares that revenue derived from land shall not include and shall be deemed ..... of land included in items (a) and (b) of section 2(14)(iii) of the act. in order to qualify for such exemption, it is not enough that the land was once agricultural land. it must be agricultural land even at the time of sale/transfer. by the finance act, 1970, with effect from the assessment year 1970-71, certain ..... specified lands situate in urban areas or semi-urban areas were brought within the definition of a capital asset. however, clause (viii) (sic) inserted in section 2(47) exempts capital gains on any transfer of agricultural .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Jun-04-1991
Reported in : [1994]80CompCas30(P& H)
..... be made by the central government into the scheduled industries or industrial undertakings regarding the circumstances leading to the various deteriorated conditions in the industrial undertaking. section 15 of the said act is reproduced below :' 15. power to cause investigation to be made into scheduled industries or industrial undertakings.--where the central government is of the opinion ..... sealing thereof, it was not possible for anybody to lay hands on the past record of the mills.4. another fact which needs highlighting is that the industrial finance corporation of india (hereinafter referred to as 'the corporation') had sanctioned a loan of rs. 25,00,000 to the mills. out of this amount, rs. ..... and sealed its premises. the corporation challenged in this court the sealing and attachment of the mill and a division bench of this court in industrial finance corporation of india v. state of punjab [1972] rlr 82 ; [1972] 30 stc 581, held that there was no provision either in the punjab general .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : May-09-1991
Reported in : 1992(37)ECC74; 1992(57)ELT27(P& H)
..... submitted false data regarding oil cans to claim the drawback which was not legally due to them and as such they had committed offences under section 132 of the customs act and under section 420 of the indian penal code. the contention of the learned counsel, however, does not hold good, in view of the evidence brought ..... the statement of shri r.s. subaramaniya pw 6 who remained posted as senior analyst in the office of the director drawback government of india, ministry of finance, new delhi. he visited the premises of the respondents in february, 1973 in connection with the checking and verification as to whether the claim for drawbacks on ..... was entitled to claim drawback under the provisions of customs and central excise duties export drawback general rules. the director of drawbacks, government of india, ministry of finance, department of revenue and insurance, new delhi fixed the rates of drawbacks on basis of the data showing the quantities of various items of imported and of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Apr-03-1991
Reported in : 1995LC43(P& H); 1992(58)ELT54(P& H)
..... 1388 (i) cigarettes, transistors and diodes; synthetic yarn and metallic yarn, and fabrics made wholly or mainly of synthetic yarn - see gaz. ind., 27-3-1968, pt. ii, section 3(i), ext., p. 141.'in union of india v.kasambhai umerbhai kureshi, 1979 criminal law journal 1173, this provision was interpreted as follows:-'the goods were seized ..... seized the goods under the bonafide belief that goods were smuggled goods. for these two reasons it is not possible to apply the provisions of section 123(1) of the act to the present case and shift the burden of proof to the respondent to prove his innocence.'it was also observed in the authority aforesaid:-'this ..... the customs act, all the three accused pleaded 'not guilty' thereto and claimed to be tried. vide its impugned judgment dated march 3,1982, learned trial court gave to all the three accused benefit of doubt and acquitted them. feeling aggrieved from the judgment of acquittal aforesaid, union of india in the ministry of finance (department of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-13-1991
Reported in : [1992]196ITR473(P& H)
..... 2 defaults have been clubbed together. failure to deduct the income-tax at source and to deposit the same within the time is an offence punishable under section 276b of the act.3. shri m. m. bhalla, chief judicial magistrate, hoshiarpur, vide his order dated march 27, 1987, ordered the discharge of the petitioner and ..... hoshiarpur, dated july 10, 1987. i will draw up the facts in brief from criminal revision no. 673 of 1989.2. prosecution under section 194a read with section 276b of the income-tax act, 1961, was instituted against the present petitioners by the income-tax officer, a ward, hoshiarpur, on the allegations that jagmohan singh was the ..... chairman, bhagat singh general finance private limited, hoshiarpur, who filed the return for the assessment year 1982-83, the accounting period 1981-82, .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-13-1991
Reported in : (1992)101PLR193
..... shahi determined as a sikh gurdwara in petition no. 628 of 1974 filed by nitya nand vashisht and other worshippers of lopon under section 8 of the act.2. under sub-section (1) of section 7 of the act, more than fifty sikh worshippers belonging to village lopon, dhamot, jandali, doraha, rajgarh, etc. forwarded a petition to the punjab ..... possession, be-ehtemam (under the care and management of) ram singh chela sukha singh, kaum sadh nirmala mehme shahi, resident of the village occupancy tenant under section 8 of act 16 of 1887.' exhibit r-28 is an extract from khatauni istemal consolidation was carried out on co-operative basis and the new entry reads thus :-'shri ..... to their origin and habitual use, regarded by sikhs as essential place of sikh worship may be brought effectively and permanently under sikh control. sub-section (1) of section 16 of the act draws a distinction between the sikh and other gurdwaras. in case of dispute whether a gurdwara is or is not a sikh gurdwara the tribunal .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-20-1991
Reported in : [1994]80CompCas340(P& H); (1993)104PLR745
..... design appears, that the company can be wound up, either by the court or voluntarily or subject to the supervision of the court. reference may be made to section 425 of the act. the act specifically provides for the liabilities of the contributories, the obligations of directors and managers whose liability is unlimited, the nature of liability of contributories, the consequences on the ..... general finance (p.) ltd. [1977] 47 comp cas 279 (delhi), company application no. 8 of 1979, in c. p. no. 147 of 1978, decided on july 12, 1979.35. in reply to the arguments addressed, learned counsel for the respondents refuted the submissions made though he admitted the company court's jurisdiction for winding up. it was argued that though section 34 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Sep-20-1991
Reported in : AIR1992P& H196
..... control the distribution and consumption of energy. under s. 49 of the supply act, the board has been given the powers for fixing the tariff and conditions for the supply of electricity. it is mentioned in sub-sec. (4) of s. 49 of the supply act that the board shall not show undue preference to any person in fixing the ..... tariff and condition of supply of electricity; that the government as well as the board are acting in violation of these two statutory provisions of the supply ..... , not only amongst individuals but also amongst groups of people residing in different areas or engaged in different vocations. it was argued that the state has failed to act in accordance with the directions given in art. 38 of the constitution and has done little to eliminate inequalities in the facilities and opportunities provided to the groups of .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Dec-13-1991
Reported in : (1992)101PLR556
..... order dated april 4, 1973, dismissed the eviction application.4. the plaintiff assailed the order of the rent controller in appeal before the appellate authority under section 15 of the act. the appellate authority by its order dated february 26, 1975 affirmed the order of the rent controller and held that the plaintiff had let out the ..... the suit for possession and that he was not entitled to recover possession from the contesting defendants after having failed to get their eviction in proceedings under section 13 of the act ; issue no. 3 was not pressed; issue no. 4 was answered against the plaintiff and it was held that the civil court had no jurisdiction ..... act, 1949 (the act, for brevity) against kundan lal, babu ram and ram gopal for their ejectment from the shop situated in ward no. 4, mandi area of municipal committee, gidderbaha, on the ground that the shop in dispute was leased out to kundan lal at a monthly rent of rs. 500/- per mensem ; that the tenant paid rent upto april 1, 1968 .....
Tag this Judgment!Court : Punjab and Haryana
Decided on : Mar-05-1991
Reported in : AIR1992P& H29
..... . the division bench in the case while dealing with the liabilities of the trustees and the legal representatives observed as under :--'the loss occasioned by the negligent acts and omissions or wilful defaults of the late trustee must be made good from his assets in the hands of his legal representative. the cause of action survives ..... the beneficiaries. i have heard learned counsel for the parties.3. on behalf of the objector reliance has been placed on ss. 226 and 258 of the succession act, which are reproduced below:--'226. accrual of representation to surviving executor:-- when probate has been granted to several executors, and one of them dies, the entire representation ..... singh. both gurdial kaur and pritam kaur were wives of umrao singh. the beneficiaries satinder singh and others filed a petition u/s. 368 of the succession act for taking action against the executors for causing loss to the estate of the two deceased aforesaid. a direction was required to be given to the executors to .....
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