Court : Kolkata
Reported in : [1975]36STC98(Cal)
..... government. neither in any of the two explanations the firm has been included. the present definition clause (c) was substituted for the former by section 2(b) of the bengal finance (sales tax) (west bengal amendment) act, 1950, with effect from 6th november, 1950. before the amendment the definition was: 'dealer' means any person, firm or hindu joint ..... in the business of selling or supplying goods in east punjab. so, under the east punjab act a firm is a dealer within the meaning of section 2(d) of that act.7. 'dealer' has been defined in the bengal finance (sales tax) act in section 2(c). it means any person who carries on the business of selling goods in west ..... is included within the definition of 'dealer' under section 2(c) of the bengal finance (sales tax) act, 1941, and (b) whether a dissolved firm can be assessed to sales tax under the bengal finance (sales tax) act, 1941, in view of the decision of the supreme court in additional tahsildar v. gendalal [1968] 21 s.t.c. 263 (s.c.).2 .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]38STC163(Cal)
..... standards unrelated to the facts and circumstances of a situation, which occasioned the legislation.26. the bengal finance (sales tax) act was enacted in 1941. section 4 of the west bengal taxation laws (amendment) act, 1968, and the act which replaced it, by giving retrospective operation to the definition of 'business' has sought to impose fresh ..... amendment) act, 1968. by the said amending act, the second ordinance was repealed. by section 4 of the said amending act, section 4 of the second ordinance was re-enacted. by the west bengal taxation laws (amendment) act, 1969 (act 25 of 1969), the earlier act was repealed and by section 4 of the said act, section 4 of the earlier act was re ..... borne out by the objects and reasons in support of the west bengal taxation laws (amendment) act, 1968 -- where the reasons for the amendment were stated to be the need for additional resources for financing the development schemes of west bengal and also to meet the vast increase of commitments in the non .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]26STC141(Cal)
..... in connection with, or ancillary or incidental to, such trade, commerce, manufacture, adventure or concern.17. this amendment was expressly made retrospective by section 4 of the west bengal taxation laws (amendment) act, 1968, preceded by the ordinance mentioned above and was couched in the following language: 'the following clause (amendment) shall be and shall always be ..... what is the interpretation the court should give of the expression 'question of law' and deciding such question of law, expressions used under section 21(1) of the bengal finance (sales tax) act and also in similar other statutory provisions which are in pari material is it a question of law whether the law itself that has ..... u.p. and the other case in ramgopal mills [19611 41 i.t.r. 280 was with regard to the finance act read with the indian income-tax act and was not concerned with the sales tax act; but the principles formulated should be equally applicable.15. the last case cited on this point is the supreme court .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)92ITD468(Kol.)
..... 's income under the head "income from house property". the assessee's this claim was rejected by the a.o. in view of the amended provisions of section 32(2) amended by the finance act, 1996 by observing and saying that the unabsorbed depreciation pertaining to the assessment years 1995-96 and 1996-97 cannot be set off against income under any head ..... . the new sub-section (2) of section 32 as substituted by the finance act, 2001 w.e.f. 1.4.2002 has restored the sub-section (2) of section 32 as it stood in the assessment year 1996-97, in other words, the restrictions imposed by the ..... (2(iii) as substituted w.e.f. 1.4.97. in this context, it may be observed that amended section 32(2) as substituted by the finance (no. 2) act, 1996 (w.e.f. 1.4.1997) has been substituted by the finance act, 2001, w.e.f. 1.4.2002 and status quo ante has been restored with effect from a.y. 2002-2003 .....
Tag this Judgment!Court : Kolkata
Reported in : (1985)48CTR(Cal)146,[1985]153ITR488(Cal)
..... may be that there being no export and profits in respect of import entitlements, the assessee was not entitled to deduction of tax as contemplated under section 2(5)(a)(i) of the finance act, 1965. in this case also, two views are conceivable as regards the interpretation of the expression 'sale proceeds' or 'turnover'. one view is ..... to 'referable to exports.'.10. the gujarat high court in the case of ahmedabad . v. cit : [1982]137itr616(guj) , construed the provisions of section 2(5)(a) of the finance act, 1964, regarding the profits derived from exports and held that cash subsidy or allowance given on export of goods is directly connected with the export of goods ..... v. wheel and rim company of india ltd. : [1977]107itr168(mad) , the question before the madras high court was whether under the provisions of section 2(5)(a) of the finance act, 1966, the cash subsidy and the income derived from the sale of import entitlements would form part of the profits and gains derived from the export .....
Tag this Judgment!Court : Kolkata
Reported in : (1989)77CTR(Cal)112,[1989]176ITR473(Cal)
..... clause (c). by the said finance act, section 40(a)(v) was inserted with effect from 1st april, 1969. section 40(a)(v), as introduced by the finance act of 1968, is as follows :'(a) in the case of any assessee ... (v) any expenditure which results directly or ..... salaries' is seven thousand five hundred rupees or less.'10. minor changes were also introduced in the first proviso to section 40(c)(iii) which are not relevant.11. by the finance act of 1968, sub-clause (iii) of section 40(c) and explanation 2 thereof stood omitted with effect from april 1, 1969, and explanation 1 remains attached to ..... the contentions of the parties, it is necessary for us to set outthe legislative history of section 40(c), section 40(a)(v) and section 40a(5).6. section 40(c)(iii) was introduced by section 6 of the finance act,1963, with effect from april 1, 1963. section 40(c) as it stood after the insertion of clause (iii) is as follows .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]46STC35(Cal)
..... the purpose of assessment or reassessment of sales tax for the period in question. it is further contended that declarations made under the provisions of section 68 of the finance act, 1965, and the proceedings thereunder are confidential and no public servant including the commissioner of income-tax before whom the declaration might be made would ..... income so disclosed related to a period prior to 1961. the disclosures were duly accepted by the commissioner of income-tax and a certificate under section 68(7) of the finance act, 1965, has been given to the partners and taxes on such disclosures have been paid.14. the petitioner contends that the said notice dated ..... on 31st may, 1965, the partners of the petitioner made voluntary disclosure of their undisclosed income which they had earned in their individual capacity under section 68 of the finance act, 1965. the petitioner's case is that the particulars of the amounts disclosed were not available and that the said amounts had been earned .....
Tag this Judgment!Court : Kolkata
Reported in : [1967]20STC528(Cal)
..... and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 11,937-2-0 made to messrs rabindra & company ;(ix) whether there are admissible ..... and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 11,195-3-0 made to messrs lakhi stores;(viii) whether there are admissible evidence ..... vi) whether there are admissible evidence and vital defects in the declaration in form xxiv furnished to justify disallowance of the deduction claimed under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, in respect of sales of rs. 6,391-12-0 made to messrs biswanath choudhury;(vii) whether there are admissible evidence .....
Tag this Judgment!Court : Kolkata
Reported in : [1971]80ITR408(Cal)
..... is chargeable to tax independent of the passing of the finance act but until the finance act is passed no tax can be actually levied.'15. the close connection between the income-tax act and finance act is further evident from the provisions of section 294 of the income-tax act of 1961 corresponding to section 67b of the act of 1922. section 294 runs thus :'if on the 1st day of ..... same view in commissioner of wealth-tax v. jhagrakhand collieries (private) ltd., [1968] 67 i.t.r. 572 (cal.) 12. we have now to discuss the appellate tribunal's powers to question the vires of the annual finance act. dealing with the position of the finance acts in relation to the income-tax act, the privy council in maharajah of pilhapuram v. commissioner of income-tax .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)1SOT210(Kol.)
..... paid before due date for furnishing the return of income for the year, is unsustainable in law particularly in view of amendments, introduced by finance act, 2003 in section 43b of income tax act, 1961, which are to be treated as having retrospective effect covering the year under consideration in view of principles laid down by honble supreme ..... decisions of the aforesaid coordinate benches, we are, therefore, of the considered opinion that the amendment brought by the finance act, 2003 in the 1st proviso to section 43b of the act and consequential omission of 2nd proviso to section 43b is to be treated as retrospective in operation, and consequently, any sum payable by the assessee as an ..... incurred and evidence of such payment is furnished by the assessee along with such return. on reading the 1st proviso to section 43b of the act, as it stood prior to the amendment made by the finance act, 2003, with effect from 1-4-2004, it is clear that this proviso was applicable only to the sums .....
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