Judgment Search Results Home > Cases Phrase: finance act 1968 Court: kolkata Page 89 of about 13,667 results (0.057 seconds)

Ms. Enfield Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... a matter of fact, these two provisions, i.e. sub-section (2) of section 158bfa and the explanation to section 271(1)(c) as inserted by the finance act, 1964, have nothing in common. most importantly, unlike the latter, there is no presumption for concealment in the former. so onus would lie heavily with the department ..... . the decision of the gauhati high court is based on the applicability of the explanation to section 271(1)(c) which was inserted by section 40 of the finance act, 1964 with effect from 1-4-1964. the explanation reads as under: explanation : where the total income returned by any person is less than eighty per cent ..... not reflected in its original return.therefore, there was a clear case of concealment of undisclosed income, inviting thereby penal consequence under section 158bfa(2) of the act.the cit(a), therefore, was perfectly justified in treating the difference between the disclosure made originally and the subsequent revising the same by way of further declaration .....

Enfield Industries Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)107ITD1(Kol.)

..... as a matter of fact, these two provisions i.e. sub-section (2) of section 158bfa and the explanation to section 271(1)(c) as inserted by the finance act, 1964, have nothing in common. most importantly, unlike the latter, there is no presumption for concealment in the former. so onus would lie heavily with the department ..... . the decision of the gauhati high court is based on the applicability of the explanation to section 271(1)(c) which was inserted by section 40 of the finance act, 1964 w.e.f. 1st april, 1964. the explanation reads as under: explanationwhere the total income returned by any person is less than eighty per cent of ..... not reflected in its original return. therefore, there was a clear case of concealment of undisclosed income, inviting thereby penal consequences under section 158bfa(2) of the act. the cit(a), therefore, was perfectly justified in treating the difference between the disclosure made originally and the subsequently revising the same by way of further declaration .....

Ramneek Singh Vs. L and T Finance Ltd. and anr.

Court : Kolkata

..... title to the application. ap no.94 of 2013 is the challenge to an arbitral award. ap no.272 of 2013 is the finance company s petition under section 9 of the arbitration and conciliation act, 1996 since the award cannot be implemented during the pendency of the challenge. pursuant to a previous order, the receiver has taken possession ..... of the asset. the original petitioner or the petitioner s father had at one time offered to purchase the asset at rs.17.25 lakh and the original petitioner and the finance company had ..... in full and final satisfaction of the claim in respect of the agreement. the receiver will invite offers for sale of the asset in such newspapers as the finance company may suggest and carry the offers to court for confirmation. it will be open to the substituted petitioner to either bid for the asset or carry any .....

Multitech Construction Vs. Srei Equipment Finance Private Limited and ...

Court : Kolkata

..... the respondents have made over demand drafts of a total amount of rs.15 lakh to the petitioner in court today which have been accepted. the finance company will immediately communicate to advocate for the petitioner, without prejudice, the amount due on the basis of the usual practice of this court of awarding ..... , 1996, since the award remains unexecutable during the pendency of the petition for setting aside the same. the usual practice followed in this court in such matters is that the finance company is requested to disregard the award altogether and indicate ..... finance private limited and anr. versus multitech construction and anr. before: the hon'ble justice sanjib banerjee date : 8th july, 2014. appearance: mr.gautam chaudhury, adv.mr.s.banerjee, adv.the court : the earlier petition is for setting aside an award. the later matter is the post-award petition under section 9 of the arbitration and conciliation act .....

Deputy Commissioner of Income Tax Vs. M.L. Dalmiya and Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)100TTJ(Kol.)613

..... concise oxford dictionary as "find unexpectedly or in the course of search. as per law lexicon 13l edition, the word "discover " (occurring in memorandum explaining the provisions of finance act, 2002) indicates a detection as result of uncovering, revealing and laying of open to view that was hidden, concealed or unknown. now, we will see the meaning of word ..... under section 158b(b) seeks to cover any expense, deduction or allowance claimed by the assessee and found to be false. 26.3. the memorandum explaining the provisions of finance act, 2002 is contained in cbdt circular no. 8 of 2002 dated 27^th august, 2002, reported in 258 itr 13 - 57. the relevant portion of the same are ..... the assessee of any expense, deduction or allowance. this view was taken by various benches of itat in different cases like bangalore bench in the case of kirloskar investments finance ltd. v. acit 67 itd 504, bombay itat in the case of david dhawan v. acit 71 itd 1, jabalpur bench in the case of agarwal motors v .....

A) Orissa Small Industries Corpn. Ltd. and Another – Vs. Narasingha ...

Court : Kolkata

..... , 12th november, 2012 and 20th september, 2013. he further submits that the respondent was granted notional seniority and notional fixation of pay in the post of manager (finance) in e-5 grade with effect from 24th june, 2011 since the currency period of initial punishment awarded to him expired on the said date. subsequent thereto, the ..... came within the zone of consideration for promotion and was accordingly promoted from the post of senior accounts officer in e-3 grade to the post of deputy finance manager in e-4 grade, as would be explicit from the office order dated 22nd september, 2008. in the midst thereof, a departmental proceeding was initiated ..... charge sheet on 12th september, 2007 and though the enquiring authority exonerated him from the alleged charges on 21st april, 2008, the proforma respondent no.2 herein, acting as the disciplinary authority, disagreed with the finding of the enquiring authority and passed an order on 24th june, 2010 imposing a penalty of reduction of pay by .....

Fiat India Private Limited Vs. Rahul Udyog Viniog Limited and anr.

Court : Kolkata

Reported in : II(2004)BC101,(2003)3CALLT381(HC)

..... has been manufactured or binding on the plaintiff cannot be decided by the arbitrator as held by the learned trial judge. the decision cited by mr. sarkar in garden finance limited (supra) is distinguishable. i hold that there is identity of subject matter of the suit and the arbitration agreement between the parties.27. mr. sarkar argued ..... ]1scr89 held that the said act of 1996 was very different from the said act of 1940. the provisions of the said act of 1996 have, therefore, to be interpreted and construed independently and, in fact, ..... arbitration proceedings are enabled, under section 8 of the 1996 act to be commenced or continued and an arbitral award also made unhampered by such pendency. we have to test the order under appeal on this basis.'22. the supreme court of india in the case of sundaram finance limited v. nepc india limited, reported in : [1999 .....

Commissioner of Customs Vs. Md. Ahmed Ali Khan

Court : Kolkata

Reported in : 2006(204)ELT36(Cal)

..... shallcomprise of the placesbearing the surveynumbers and enclosedby the boundaries asare specified in para-graph 3 of the notifica-tion of the govern-ment of india in theministry of finance(department of reve-nue) no. 77- customs,dated the 17th april,1980(b) the territories ofdaman and diu of theunion territory of thegoa, daman and diuand ..... out as claimants could produce any documents in support of legal possession of those garments, those along with the containers were seized under section 110 of the customs act.(e) ultimately, a show-cause notice was issued and on adjudication, by order dated 19th february, 1996, the commissioner of customs (preventive) confiscated the bales ..... of officers of customsin exercise of the powers conferred by sub-section (1) of section 4 of the customs act, 1962 (52 of 1962), and in supersession of the notification of the government of india in the ministry of finance (department of revenue) nos. 167 and 168-customs, both dated the 8th june, 1983, the central .....

Subhonkar Mondl @ Suvankar Mondal Vs. Tata Motors Finance Ltd

Court : Kolkata

..... petitioner in court today. an affidavit of undertaking has been filed that the cheque would be honoured upon presentation. the order impugned will stand set aside and the finance company will be obliged to return the vehicle that was taken possession of pursuant to the impugned order of the arbitral tribunal, subject to the encashment of the cheque ..... of 2014 apo no.184 of 2014 ga no.1654 of 2014 in the high court at calcutta civil appellate jurisdiction original side subhonkar mondl @ suvankar mondal versus tata motors finance ltd before: the hon'ble justice sanjib banerjee date : 10th july, 2014. appearance: mr.s.chakraborty, adv.mr.p.sinha, adv.the court : this is an appeal ..... from an order passed under section 17 of the arbitration and conciliation act, 1996, by the arbitrator. on june 13, 2014, the appellant agreed to the finance company s proposal that a sum of rs.1.10 lakh would be paid on account of the defaulted instalments till the date .....

Srei Equipment Finance Ltd. Vs. M/S. Aqdas Maritime Agency Pvt. Ltd.

Court : Kolkata

..... in terms of the order of december 4, 2013 was not made and a further petition, a.p.no.202 of 2014, was carried by the finance company under section 9 of the 1996 act complaining of the hirer s failure to comply with the order of december 4, 2013. three other petitions, a.p.no.234 of 2014, a.p ..... the order of such date reflects the same. it was submitted by the parties that five agreements had been executed by them and a sixth agreement was executed between the finance company and citizen transport company limited, presumably an associate concern of the respondent. the second sentence of the order dated december 4, 2013 recorded as follows: the parties have ..... to resolve their disputes relating to five agreements executed between them in all and another agreement executed by the finance company and an associate of the hirer. it is elementary that the authority of the court under section 9 of the 1996 act is limited. the measures that the court directs to be taken are all in aid of the reference .....