Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Sorted by: recent Court: kolkata Page 1 of about 764 results (0.159 seconds)

Commissioner of Income Tax Bengal-i, Calcutta Vs. M/S. M.N. Dastur and ...

Court : Kolkata

Reported in : (2000)2CALLT394(HC)

..... 1.4.72 and also amended by finance act 1974 but made effective from 1.4.1972. by ..... notice, specially after insertion of section 80ab in the act.24. for deduction of tax on royalties, etc., received from certain foreign companies were initially allowed under section 85c of the act. the provision of that section was substituted by section 80-o in the year 1968 and that section 80-ois further amendment by finance act 1971 w.e.f. ..... earn the income?'4. since basic common issue does arise in both the reference applications, whether the assessee is entitled for deduction, under section 80-o of the act on gross amount of convertible foreign exchange brought into india, without taking into account the expenses direct or indirect incurred in india.5. the .....

Sanjay Danchand Ghodawat Vs. Additional Commissioner of Customs (Port) ...

Court : Kolkata

..... then submitted that at the time of filing of the instant writ petition and until the amendment to the proviso to clause (b) of sec. 127a of the customs act by the finance act, 2015 came into effect on 14 may, 2015, a settlement application could be filed in a case where the writ court remanded the matter ..... not include a proceeding referred back to the adjudicating authority for a fresh adjudication by any court, appellate tribunal or any other authority and hence, sec. 127b of the customs act, which provides for application to settlement commission, would not be available to the petitioner. this amendment to the definition of case came into effect on ..... informed that the said noticee is approaching settlement commission, kolkata, after payment of differential duty of rs.25,91,844/-, along with interest under section 127b of the customs act, 1962. they further undertook through the letter that they will produce evidence of payment of differential duty and interest on or before 05-02-13 .....

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... grant any relief on a mythical hypothetical agreement. mr.p.chidambaram, the learned senior counsel appearing on behalf of the petitioner submits that the specific relief act, 1963 in section 15(h) has recognised pre-incorporation agreement. a pre-incorporation agreement must be incorporated in the terms of the actual incorporation of the company. the ..... the contract when that party had no right to do so and the inducement in fact brought about a breach. (daily mirror newspapers ltd v gardner [1968].2 q.b.762).where the contract is determinable, the defendant incurs no liability merely by inducing the contracting party to determine the contract lawfully, for there ..... held 75% shareholding in the plaintiff no.1 company through a holding company named benhill finance limited. in august, 2002, benhill finance limited ceased to be a shareholder of the plaintiff no.1 company. the entire shareholding of benhill finance limited in the plaintiff no.1 company was transferred by way of gift to the .....

Bengal Rowing Club and Anr. Vs. Commissioner of Service Tax, Kolkata a ...

Court : Kolkata

..... , a members club is outside the purview of such taxation. the issue as to whether a members club is liable to pay service tax under sections 65, 66 and 67 of the finance act, was considered by the jharkhand high court. in ranchi club limited (supra) it has held that, a members club is not liable to pay ..... the case of proprietary club. learned senior advocate for the petitioners draws the attention of the court to sections 66 and 67 of the finance act, 1994 as amended by the finance act, 2008. he submits that, section 66 provides for the charge of service tax. section 67 lays down the valuation of taxable services for charging service tax. he contends that ..... , section 67 sub-section (1)[i].,[ii].and [iii].requires a consideration to be passed. in the case of a .....

Kanak Projects Limited Vs. Stewarts and Lloyds of India Limited

Court : Kolkata

..... will not be possible to go ahead with the insolvency resolution process outlined in the code. further, the non-obstante clause contained in section 4 of the maharashtra act cannot possibly be held to apply to the central enactment, inasmuch as a matter of constitutional law, the later central enactment being repugnant ..... or rejection of such application, as the case may be. provisions of section 7 appear to be not applicable in the present case because the process is to be initiated by the financal creditor not by the corporate debtor. section 9 deals with application for initiation of corporate insolvency resolution process by operational ..... creditor. the said provision is also not applicable in the present case. section 10 deals with initiation of corporate insolvency resolution process .....

Efcalon Tie Up Pvt. Ltd. Vs. West Bengal Financial Corporation

Court : Kolkata

..... liquidation, the claims of the defendant were not only for money but also against the mortgaged immovable property which was security given to the defendant for all amounts financed by the defendant to the said company before its liquidation. it was a claim secured by immovable property of the value of more than rs.100/- and ..... .party (defendant) shall, therefore, also execute in favour of the second party (plaintiff) a specific irrevocable power of attorney authorizing the second party (plaintiff) to do all acts, deeds and things on behalf of the firs.party (defendant) that the firs.party (defendant) would have done in the matter of pursuing its claims against the company ..... favour of the plaintiff. the memorandum of understanding is drawn on a rs.500/- stamp and has been certified by a notary public. the said mou has been acted upon by both the parties and in furtherance thereof, the appeal preferred by the defendant against the order dated 6th january, 2005, was withdrawn. in terms of .....

The Peerless General Finance and Investment Vs. Commissioner of Income ...

Court : Kolkata

..... applying the ratio of the decisions noted above, it is necessary to evaluate the jurisdictional facts put forth as justification for assumption of jurisdiction under section 148 read with section 147 of the act of 1961 so as to pronounce whether requisite jurisdictional facts exists, in the facts of this case, for the assessing officer to do so ..... officer in his order of assessment. therefore, the authorities are guilty of non-application of mind in putting in such ground in the reasons for invoking section 148 of the act of 1961. learned senior advocate for the petitioner refers to air1961sc372(calcutta discount co.ltd.versus income-tax officer, companies district i, calcutta & anr.).320 ..... order sheet wp no.1952 of 2006 in the high court at calcutta constitutional writ jurisdiction original side the peerless general finance & investment versus commissioner of income tax-i, kolkata & ors.before: the hon'ble justice debangsu basak date : 6th september, 2017. appearance: mr.abhijit chatterjee, .....

Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...

Court : Kolkata

..... parties as anything other than the relationship between the partners.the question is whether a single venture agreement can be a partnership. section 8 of the indian partnership act deals with such a situation. section 8 makes it clear that a person may become a partner with any person in particular adventure or undertaking. therefore, the ..... the name of avani and adone had agreed to sign and execute all such agreements. the said agreement recognized that avani is availing a project finance facility from reliance finance capital ltd.and adone has agreed to join as a coapplicant or as corporate guarantor for obtaining or availing such loan or financial assistance. ..... . subsequently, on 10th october, 2012 a registered deed of mortgage, facility agreement and several other documents in favour of reliance capital limited relating to project finance of rs.250 crores was executed. the creation of charge over the said securities with the registrar of companies was created both by the defendant no.1 .....

Bengal Srei Infrastructure Development and Ors. Vs. Union of India and ...

Court : Kolkata

..... an employer employee relationship is a condition precedent for the purpose of charging foreign fringe benefits tax. such legal fiction may not exist in the provisions of section 115wb of the act of 1961. he has relied upon 2004 volume 11 supreme court cases page 417 (nandkishore ganesh joshi v. commissioner, municipal corporation of kalyan & dombivali ..... a fringe benefit from the employer has to be considered and decided for fringe benefit tax to be attracted. fringe benefits are defined in section 115wb. sub-section (2) of section 115wb stipulates that, fringe benefits shall be deemed to have been provided by the employer to his employees, if the employer has, in ..... suggested, then, the entire chapter can pass the test of constitutionality. he has referred to the budget speech of the hon ble finance minister while introducing chapter xii-h to the act of 1961. he has submitted that, fringe benefits tax was introduced by such chapter. the chapter was, thereafter, deleted subsequently in the .....

Bhavani and Others Vs. Govind Bhargavi and

Court : Kolkata

..... 186-190 of mary s application).reliance was also placed on form no.26as being mary s tax statement under sec. 203 aa of the income tax act for the financial year 2007-08 (page 183 of mary s application).the said account is the one mentioned in ..... executors to the last will of abha. as an executor it is her duty to preserve abha s estate. under sec. 368 of the indian succession act, 1925, when an executor or administrator misapplies the estate of the deceased or subjects it to loss or damage he ..... in the case of in the goods of musstt. suraj bai (deceased).52 cwn914 that a proceeding for probate under the indian succession act is not a proper suit, although it is marked as a contentious cause under our rules. in such a proceeding, the only ..... not admitting that mary had brought her own funds in the joint accounts in which her name appears as the firs.holder, by the act of depositing the moneys in the joint names of abha and herself, mary constituted the funds as the joint properties of abha and .....