Judgment Search Results Home > Cases Phrase: finance act 1968 section 28 amendment of section 280zb Sorted by: recent Court: kolkata Page 63 of about 764 results (0.238 seconds)

Bengal and Assam Co. Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Reported in : (2009)227CTR(Cal)399

..... bank were in the course of the appellant-company's business and the claim for allowance of the loss sustained by the appellant-company was therefore admissible under section 10(2)(xi) of the it act.(vii) s.a. builders ltd. v. cit(a) and anr. : (2006) 206 ctr (sc) 631 : (2007) 288 itr 1 (sc), wherein the court held as follows :to ..... (cal) 339 : (1982) 138 itr 763 (cal), wherein the court held as follows :since we have held that the assessee was engaged in the business as a holding company of financing its subsidiaries, the other argument of the departmental representative that the assessee's claim cannot be allowed against the dividend income if at all, loses its significance. even if the ..... (5) requires the discharge of the burden of proof by the assessee as had been held by the hon'ble supreme court in the case of cit v. joseph john : (1968) 67 itr 74 (sc). the cit(a) also relied on a judgment of the madras high court in the case of cit v. sk. ar. k. ar. somasundaram chettiar & co .....

Mannan Travels Transport Contractor and ors. Vs. Durgapur Projects Ltd ...

Court : Kolkata

..... be forcibly evicted from their pavement and slum dwellings. initially, some of the petitioners had challenged the action of the municipal corporation-respondents under section 314 of the bombay municipal corporation act on the ground of violation of their rights and article 19 and 21. in the writ petition filed before the bombay high court during the ..... or favouritism. however, it must be clearly stated that there are inherent limitations in exercise of that power of judicial review. government is the guardian of the finances of the state. it is expected to protect the financial interest of the state. the right to refuse the lowest or any other tender is always available to ..... after 15th of october, 1981. however, in the writ petition under article 32, while in the supreme court the contention of the petitioners was the procedure prescribed by section 314 of the b.m.c being arbitrary and unfair, it was not 'procedure established by the law' within the meaning of article 21 and, therefore, they .....

Indian Structural Engineering Company Pvt. Ltd. Vs. Pradip Kumar Saha ...

Court : Kolkata

Reported in : 2009CriLJ4229

..... was passed only because the respondents had misled the court by making false statements. the true facts were not placed before the learned single judge by the respondents. the finance manager of respondent no. 2, by a letter dated 24th march. 2006, had admitted the amount of rs. 8,160/- as due and payable by respondent no ..... authority of public servants, for offences against public judges and for offences relating to documents given in evidence'. it is apparent that the proceedings under the aforesaid section are in the nature of criminal contempt. these proceedings are initiated when the court is of the opinion that it is expedient in the interest of justice that ..... can exclude the special law. the specific provision would be a provision like section 100a.9. the aforesaid observations would clearly show that the aforesaid judgment reiterates the law with regard to the scope and ambit of the applicability of the letters patent act. in view of the law laid down by the supreme court, it is .....

Promising Exports Limited and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 2009(168)LC253(Calcutta),2009(243)ELT3(Cal)

..... the appeal, failing which the appellate tribunal is fully competent to reject the appeal. see, in this connection, the observations of this court in respect of section 129 prior to substitution of chapter xv by the finance act, 1980 in navin chandra chhotelal v. central board of excise & customs and ors. : 1981 e.l.t. 679 (s.c.) : 1971 3 ..... is quite clear from the facts already stated that the opposite party had information of the proceeding pending in this court when he made the order dated november 16, 1968. in the circumstances of the case, i have no doubt that the conduct of the opposite party in seeking to proceed with the departmental inquiry in spite of his ..... the notice demanding justice served on him that the petitioner was about to move a writ petition in this court, and yet he passed the order dated october 11, 1968, suspending the petitioner, and that also because of the very fact that he was informed of the intending proceeding. this is a conduct which, in my opinion, clearly .....

Jct Ltd. Vs. Cit

Court : Kolkata

..... investigated whether borrowed funds were given by way of interest-free loans to the subsidiaries of the appellant. the initiation of the proceedings under section 263 of the act were challenged by the appellant by way of writ proceedings before this hon'ble court in which it was not successful. thereafter by ..... 2. poly investment ltd. 7,44,13,340-----------------------------------------------------------------------3. gupta syal ltd. 26,353-----------------------------------------------------------------------4. kishanchand spinning mills ltd. 4,61,336-----------------------------------------------------------------------5. kidarnath kishanchand finance & investment ltd. 4,05,265-----------------------------------------------------------------------total 10,24,59,637-----------------------------------------------------------------------m/s chohal investments ltd., poly investments ltd. and gupta syal ltd. are appellants wholly-owned .....

Secretary, United Order and Supply Co-op. Ltd. Vs. Shiba Prasad Banerj ...

Court : Kolkata

Reported in : AIR2009Cal258

..... the tenders and orders of the department provided such cases are duly recommended by the registrar of cooperative societies, west bengal.3. this order issues with the concurrence of finance department vide their unofficial no. 197 dated 25th may, 1966.6. a bare perusal of the aforesaid circular would clearly show that the exemption is granted to co-operative ..... heard the learned counsel for the parties. it is submitted by the learned counsel for the appellant that the society is duly registered under the west bengal cooperative societies act and the rules. it is also duly certified to be eligible for exemption from payment of earnest money and security deposit against the government tenders on the basis of ..... 1. the appellant is a cooperative society registered under the west bengal co-operative societies act and rules framed thereunder. the appellant claims that under a valid certificate issued by the co-operative societies department, the society is eligible to purchase consumer goods and .....

G.E. Capital Transportation Financial Services Ltd. Vs. Amritajit Mitr ...

Court : Kolkata

..... , we may profitably refer to the following observations of the supreme court in the case of sundaram finance ltd. v. nepc india ltd. reported in : [1999]1scr89 :when a party applies under section 9 of the 1996 act it is implicit that it accepts that there is a final and binding arbitration agreement in existence. ..... , the financier has challenged order no. 12 dated 22nd september, 2008 passed by the learned trial judge thereby disposing of the converted application under section 9 of the act by granting unconditional order of injunction till the disposal of the proceeding before the arbitrator. in this proceeding, after the conversion of the suit to ..... for loan including the agreement for arbitration contained therein was vitiated by fraud. in this connection, mr. banerjee strongly relies upon the provisions contained in section 16 of the act. mr. banerjee, therefore, prays for dismissal of all the appeals.17. therefore, the first question that arises for determination by us is whether the .....

Mintri Tea Co. (P) Ltd. Vs. Commissioner of Income Tax

Court : Kolkata

Reported in : (2009)223CTR(Cal)241,[2009]319ITR264(Cal)

..... learned counsel appearing on behalf of the appellant contended that the disallowance in both the years has been made with regard to the provision of section 43b. section 43b was inserted in the act by the finance act, 1983 w.e.f. 1st april, 1984, providing for deduction of certain amounts only upon actual payment irrespective of the method of accounting ..... where the authority concerned is the dy. cit(a) or the cit(a), by the ao also:from 14th may, 1992 : finance act, 1992 : a proviso to sub-section (2) was inserted with effect from the date on which the finance act, 1992, received the assent of the president, i.e., 14th may, 1992. as per the existing provisions, an assessee can ..... basis of mercantile system of accounting.9. he also drew attention to the two provisos which were inserted under section 43b w.e.f. 1st april, 1988. he also drew our attention to the finance act, of 2003 by which the said section 43b was amended w.e.f. 1st april, 2004. in the instant case it would be evident .....

Dilip Kumar Agarwal and Krishna Kumar Agarwal Vs. Commissioner of Inco ...

Court : Kolkata

Reported in : [2009]314ITR291(Cal)

..... ratan lal agarwal and consequently no co-ordinate investigation will be required.8. after the written reply was furnished, in accordance with the provisions contained in section 127 of the act, the petitioners were heard and the reasoned order was passed directing transfer of the files from calcutta to patna. the relevant portion of the reasoned order, ..... . 43(3), kolkata, respectively, to the acit/dcit, central circle-ill, patna, in exercise of the powers conferred under sub-section (2)(a) of section 127 of the income-tax act, 1961 (in short 'the act').4. it is submitted by mr. khaitan, learned senior advocate appearing on behalf of the petitioners that though pursuant to the notices dated ..... is bad. the learned senior advocate referred to the judgments in r.k. agarwal v. cit reported in : [2006] 283 itr 532 (all) and in p.s. housing finance p. ltd. v. union of india reported in [2007] 290 itr 316 (cal) in support of his submission.5. mr. bhowmik, learned advocate appearing on behalf of the .....

Smt. Anamika Mondal Vs. United India Insurance Company Ltd. and anr.

Court : Kolkata

..... , allowed. the award impugned is set aside and is enhanced to rs. 6,20,000/- excluding rs. 25,000/- already paid in the earlier proceedings under section 140 of the act. the insurance company is also directed to pay interest at the rate of 8% per annum on the amount of rs. 6,20,000/- as indicated above ..... two questions basically arrived for considerations; 1) what should be the principle for application of the structural formula under section 163a of the act and 2) whether section 163a of the act should be applicable in deciding the applications under section 166 of the act where the victim used to earn more than rs. 40,000/- per annum. we are not concerned with any ..... further compensation than the amount awarded by the learned tribunal. 11. at the very outset, we must remember that this appeal arises out of a proceeding under section 166 of the act and the appellant has proved rash and negligent driving on the part of the driver of the offending vehicles. we find that the victim, at the time .....