Judgment Search Results Home > Cases Phrase: finance act 1968 Court: kolkata Page 100 of about 13,667 results (0.068 seconds)

Tata Finance Limited Vs. Pragati Paribahan and ors.

Court : Kolkata

Reported in : AIR2000Cal241

..... any manifest, intention, on the part of the applicant to take recourse to the arbitral proceedings. but for that purpose, no prior notice is necessary.14. in sundaram finance ltd. v. nepc india ltd., reported in : [1999]1scr89 , the law has been stated by the apex court in the following terms :'when a party applies ..... any event, it was not a case where the learned trialjudge should have exercised its jurisdiction under section 9 of the act inasmuch there did not exist any arbitrable issue. reliance in this connection has been placed on sundaram finance ltd. v. nepc india ltd., reported in : [1999]1scr89 . in any event, contends mr. dasgupta, the ..... , judge, 2nd bench, city civil court, calcutta whereby any whereunder while disposing of an application filed by the respondent herein under section 9 of the arbitration and conciliation act, 1996 (hereinafter referred to as 'the application), it was directed :--'in view of the above circumstances, the ptr. is directed to deposit rs. 52,900/- by .....

Wiseman and Another Vs. Borneman and Others.

Court : Kolkata

Reported in : [1969]71ITR651(Cal)

..... as pennycuick j. did, that section 28 reproduces a procedure which has been in force for over thirty years. it is the procedure about surtax directions in the finance act, 1927. in those cases there never has been anything in the nature of a hearing. the board of referees have only the documents which are specified in ..... was right. he relied on evidence which is not within the terms of r. s. c. (rev. 1965), ord.18, r.19(2). section 28 of the finance act, 1960, deals with 'tax advantages.' the dispute between the parties is whether, before the tribunal comes to a determination, the taxpayer is entitled to see the counter-statement ..... 1967, the inland revenue commissioners issued a notification to each of the plaintiffs, cyril robert wiseman and millicent edith wiseman, in accordance with section 28(4) of the finance act, 1960, that they had reason to believe that the section applied in respect of certain transaction. on march 23, 1967, the commissioners received statutory declarations from the .....

J. C. T. Limited Vs. Assistant Commissioner of Income Tax.

Court : Kolkata

Reported in : (1998)61TTJ(Cal)206

..... practice was followed even in respect of period after the commencement of the production so much so that the legislature were called upon to introduce expln. 8 by the finance act, 1986, with retrospective effect from 1st april, 1974.25. on consideration of the matter, it appears to us that there is no basis to hold that ..... mentioned that in the notice under s. 263, the learned cit did not rely upon expln. 8 to s. 43(1) which had been inserted by the finance act, 1986, with retrospective effect from 1st april, 1974. the same was not referred to by the parties during the course of their submissions before the honble single bench ..... be capitalised.'interest incurred' means actual interest paid or payable in respect of borrowings which are used to finance capital expenditure .... interest on capital during construction paid in accordance with the provisions of s. 208 of the companies act, 1956, may, however, be capitalised as permitted by that section. interest on monies which are specifically .....

Debendra Ch. Das Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1978]42STC458(Cal)

..... the division bench of this court in b. c. nawn & bros. private limited [1973] 31 s.t.c. 379. i hold that assessment under the bengal finance (sales tax) act, 1941, is an annual assessment and can be made only for an annual period. the statute does not provide for one comprehensive or consolidated assessment for several years. this ..... it did not raise objection in appeal or in revision should not be a ground for exercising the discretion of the court against the assessee.14. the bengal finance (sales tax) act, 1941, is a fiscal statute and it fixes a liability on the subject. the provisions of a fiscal statute have to be strictly construed and applied. with ..... section, west bengal v. b. c. nawn & bros. private ltd. [1973] 31 s.t.c. 379. here the respondent was a registered dealer under the bengal finance (sales tax) act, 1941 and its return period had been fixed by the assessing authority as each quarter of the 'akshoytritia year', according to the bengali calendar. it was liable to furnish .....

Kirkham Vs. Williams (inspector of Taxes.).

Court : Kolkata

Reported in : [1992]196ITR530(Cal)

..... the purposes of the trade, so as to entitle it to first-year allowance under section 41(1) of the finance act, 1971. the special commissioners rejected the claim holding that the partnerships were entered into with fiscal motives as their paramount object and could not therefore have been trading ..... matter of law, this was not a trading transaction since the paramount intention was to obtain a fiscal advantage. in my judgment, this constitutes an error of law : overseas containers (finance) ltd. v. stoker [1989] 1 w. l. r. 606. in the summary, that case decides : (1) trade involves not only the badges of trade but a ..... the vendor of the site.'in the ensign tankers case : [1991]191itr419(cal) the taxpayer company, having become a partner in two limited partnerships set up to finance the production and exploitation of two films, claimed that it was 'a person carrying on a trade' which had incurred capital expenditure on the provision of plant for .....

G.E. Capital Transportation Financial Services Ltd. Vs. Sourav Dey

Court : Kolkata

..... the vehicle being no. wb-15a-3721 and for the purchase of the said vehicle, he approached the defendant for providing financial help and accordingly, the defendant financed the said vehicle and delivered the chassis to the plaintiff.(b) the defendant took signatures of the plaintiff on various blank papers, printed forms and printed papers ..... civil court for avoiding the said agreement.13. the court below itself having converted the civil suit into one under section 9 of the arbitration and conciliation act, it necessarily follows that the learned trial judge accepted the position that the respondent was no longer disputing the existence of a valid arbitration clause and thus, ..... appearance and filed an application under sections 5 and 8 of the arbitration and conciliation act thereby praying for stay of all further proceedings of the suit on the ground that by virtue of a written agreement between the total amount financed by the plaintiff for the chassis was rs. 10,20,000/- and the total .....

Smt. Anannya Chowdhury and anr. Vs. Ranjit Kr. Bose and anr.

Court : Kolkata

..... supreme court, this court in the case of hindustan petroleum corporation ltd. (supra), agri gold exims ltd. (supra) and branch manager, magma leasing and finance ltd. and anr. (supra), this court feels that in the facts of the instant case the court has no other alternative but to refer the said ..... respective arbitrators for resolving the said dispute in the meantime.3. subsequently, the tenants filed an application under section 9 of the arbitration and conciliation act seeking injunction for protecting their possession of their tenancy and for enjoying various amenities annexed to the said tenancy uninterruptedly. such application was filed as the ..... such circumstances, the tenants approached the rent controller for depositing the rent before the rent controller as per section 21 of the west bengal premises tenancy act, 1997. the landlords objected to the maintainability of the said proceeding by referring to the aforesaid arbitration clause contained in the said tenancy agreement. the .....

State of West Bengal, Public Works Vs. Afcons Infrastructure Ltd

Court : Kolkata

..... having any verification of the contemporaneous record has awarded the amount 7 under claim nos.1, 2 and 4 namely overhead expenses, equipment charges and additional financing costs. the award as against claim no.1 has been awarded by the learned tribunal on the basis of auditor's certificate not on any accounts. ..... not is also the decision to be taken exclusively by the learned tribunal, as the provision of evidence act unless parties agree or the learned tribunal decides to adopt, does not apply. hence relevancy admissibility of the evidence as raised by the appellant is misplaced logic ..... not the duty of the court to examine adequacy, quantity, sufficiency and further quality of evidence for scrutiny of award under section 34 of the said act. it appears from the award both the parties by consent dispensed with adducing oral evidence therefore documentary evidence were produced. which documentary evidence would be admissible or .....

C.i.T. Kolkata Ii Vs. Global Capital Markets Ltd.

Court : Kolkata

..... , the appeal of the assessee is allowed. the revenue has relied on the judgment in the case rampyari devi saraogivesus- commissioner of income tax, west bengal and ors.: [1968].67 itr84sc) in support of its submission. the hon ble supreme court in considering whether fair opportunity was given to the assessee in the making of the order impugned therein ..... indexation of the cost of shares on the date of conversion, comes to the loss figure of rs.5,16,019/-. the 600 shares of itc classic finance ltd.were not sold by the assessee during the period but were converted into 40 shares of icici ltd., since the company was merged with icici ltd.and ..... under section 33b of the old act, appreciated the facts in that case which included but the income-tax officer without making any enquries to satisfy himself passed the assessment order on march 30, 1961, .....

Diamond Apartments Pvt. Ltd. Vs. Abanar Marketing Ltd.

Court : Kolkata

..... to arbitrate the dispute. is submitted that in an application under section 8 it of the arbitration and conciliation act, 1996, having regard to the law laid down in booz allen and hamilton inc. versus sbi home finance limited & ors.reported at (2011) 5 scc532 the court would be required to decide the abritrability of ..... terminated on 11th october, 2013. in the said proceeding, the plaintiff has also filed an application for interim relief under section 17 of the arbitration and conciliation act, 1996. mr.chandranath mukherjee, advocate, since deceased, was the named arbitrator. before the learned arbitrator pleadings were filed. in the counter objection as well as ..... inasmuch being a as complete the code arbitration in itself, and the remedies provided under the said act are required to be pursued. mr.mitra has referred to the decision of the madras high court in india cements capital finance limited versus kwality spinning mills ltd.& others reported at [2000].102 company cases 523 (mad.) .....