Court : Kolkata
Reported in : II(2004)BC88,(2003)3CALLT333(HC),[2005]123CompCas764(Cal),[2004]55SCL591(Cal)
..... company. the company shall not carry on any business of banking as defined by the banking regulation act, 1949, or any statutory modification thereof. 5. to manage investment pools, mutual funds, syndicates in shares, stocks, securities, finance and real estate.'2. as the said company was a non banking financial company it was to ..... obtain necessary licence from rbi under section 45ia of the said act. the company applied for licence from rbi for carrying out its business activities ..... in the same group; (iii) all other non-banking financial companies; and (2) the book value of debentures, bonds, outstanding loans and advances (including hire-purchase and lease finance) made to, and deposits with - (i) subsidiaries of such company; and (ii) companies in the same group.to the extent such amount exceeds ten per cent of .....
Tag this Judgment!Court : Kolkata
..... in : [1985]1scr432 .(2) doypack systems pvt. ltd. v. union of india, reported in : 1988(36)elt201(sc) .(3) reserve bank of india v. peerless general finance and investment co. ltd. reported in : [1996]1scr58 .23. mr. anindya mitra, the learned advocate appearing on behalf of the corporation, however, tried to impress upon us that ..... judge.15. therefore, the only question that falls for determination in this reference is whether the provisions contained in section 204(1) of the cmc act authorised the corporation to demand advertisement-tax from the appellants for giving advertisement of their products over the shop-rooms of other traders where the items manufactured ..... on the building where the item manufactured by his client are being sold, the case clearly falls within the limit of section 204(2) of the said act. mr. gupta, therefore, prays for passing a mandamus prohibiting the corporation from demanding advertisement-tax from his client on account of raising advertisement on the building .....
Tag this Judgment!Court : Kolkata
Reported in : [1980]45STC118(Cal)
..... refund has to be claimed within a certain time and if such claim is made beyond the time, it will not be maintainable. section 12(1) of the bengal finance (sales tax) act, 1941, provides as follows:the commissioner shall, in the prescribed manner, refund to a dealer applying in this behalf any amount of tax or penalty paid by such ..... , being rule 2{ii)(c) of the bengal sales tax rules, was ultra vires. the respondent, therefore, was not a dealer within the meaning of the bengal finance (sales tax) act, 1941. it was due to a mistaken notion of law before the said rule was declared ultra vires that the respondent applied for being registered as a dealer. the ..... applied to the central board for refund of tax for the years 1940-41 to 1961-62, but the board declined. thereafter, the appellant filed a writ petition in september, 1968, in the high court, and the high court dismissed the petition on two grounds: (a) that the assessment orders had become final, the appellant not having taken advantage .....
Tag this Judgment!Court : Kolkata
Reported in : [1988]70STC273(Cal)
..... rupees one crore.(4) no dealer shall realise from his purchaser the turnover tax payable by him under this section.7. section 6b was inserted in the bengal finance (sales tax) act, 1941 by an amendment with effect from 1st april, 1979. section 6b makes it clear that it is a tax payable by a dealer 'in addition to ..... schedule i, subject to the conditions and exceptions, if any, set out in the corresponding entry in the second column thereof.'5. the scheme of the bengal finance (sales tax) act is to levy tax on 'all sales effected' of all commodities except which have been specified as tax-free in the first column of schedule i to the ..... in partnership under the name and style of m/s. nityananda bhandar. the petitioners are registered dealers under the west bengal sales tax act, 1954, the bengal finance (sales tax) act, 1941 and also under the central sales tax act, 1956. there is no dispute that the petitioners are dealers in various notified commodities, like flour, suji, atta, soap, sugar, .....
Tag this Judgment!Court : Kolkata
Reported in : 1979(4)ELT155(Cal)
..... blowers with and without electrical device. the blowers without any electrical device were not liable to excise duty under item 33 of the schedule to the central excises and salt act, 1944, till june 30, 1971, when the said item was amended. in order to appreciate the contention of the petitioner item 33, as it stood before the amendment, may be .....
Tag this Judgment!Court : Kolkata
Reported in : [1970]25STC413(Cal)
..... of the state in respect of collection or levy of the central sales tax in that state. it cannot be denied that under section 11 of the bengal finance (sales tax) act, the sales tax authorities in west bengal are empowered to impose penalty for the purpose of non-submission of return or late submission of return and also for ..... and challan in due time. on 16th november, 1964, the commercial tax officer issued a notice under section 11 (4b) of the bengal finance (sales tax) act read with section 9 of the central sales tax act whereby it was stated that the petitioner has defaulted for making payment of tax for the year ending chait sudhi 8, 2019, within the date ..... a notice in form 3 calling for books of accounts and to show cause why a penalty under section 11(1) of the bengal finance (sales tax) act read with section 9 of the central sales tax act should not be imposed on the petitioner. the petitioner filed the return and consequent thereto assessment order was made and the petitioner was .....
Tag this Judgment!Court : Kolkata
Reported in : [1985]58STC370(Cal)
..... which judgment has been reported in bachhraj baid v. commercial tax officer [1975] 36 stc 101 and where the learned judge has observed that under the bengal finance (sales tax) act, 1941 a firm is not a dealer and only the individual partners of the firm are registered dealers. where a partnership consisted of three persons, but the ..... gujarat high court in the case of champaklal sohanlal v. j.h. shah, sales tax officer [1968] 22 stc 507 which, while dealing with the term 'dealer', has observed that there is no provision in the bombay sales tax act, 1953 making liable the heir or the legal representative of a deceased dealer for the payment of the ..... the case of nandi charan paul & bros. ltd. v. certificate officer, alipore (1960) 64 cwn 484, the transfer, as contemplated in section 17 of the bengal finance (sales tax) act, 1941 relates to the transfer of business of a registered dealer, and therefore, irrespective of the fact as to how many times the transfer is effected, the transferee .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]61STC131(Cal)
..... is whether sales tax could be levied on lottery tickets and if they are goods within the meaning of section 2(d) of the bengal finance (sales tax) act, 1941 (hereinafter be referred to as the said act), which has denned 'goods' to include all kinds of movable property other than actionable claims, stocks, shares or securities. initially sales tax ..... be submitted within sixty calendar days from the date of draw.38. the ticket is issued subject to the condition laid down in the west bengal state lottery rules, 1968, as amended from time to time and instructions of the government of west bengal. in any case of dispute, the decision of the director, state lotteries, government of ..... agent and the necessary appointment is made by the director and/or by the collector of the district in accordance with rule 7 of the west bengal state lottery rules, 1968 (hereinafter be referred to as the said rules), which provides as under :7. (1) the appointment of agents shall be made by the director and/or by .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC576(Cal)
..... is at any time of opinion that it would be in the public interest that any commodity which is liable to taxation under the bengal finance (sales tax) act, 1941, should be taxed under this act, it may by notification in the official gazette specify such commodity; and on and from the date of such notification, the bengal ..... finance (sales tax) act, 1941, shall cease to apply to such commodity and this act shall apply to such commodity.10. by notification no. 2053-f.t. dated 26th september, 1955, as the government was of opinion ..... the net proceeds thereof among the states, according to the principle of distribution recommended by the finance commission. 'sugar' in the said act has the same meaning assigned to it by item no. 1 (formerly 8) of the central excises and salt act, 1944, as having more than 90 per cent sucrose content at 105 centigrade. these provisions .....
Tag this Judgment!Court : Kolkata
Reported in : [1991]189ITR613(Cal)
..... valued by the valuer, but the wealth-tax officer estimated the value of such immovable property. similarly, he did not accept the valuation of the shares of jaipur finance and diary products pvt. ltd. on the basis of the valuation made by the registered valuer. he proceeded to value the shares on the basis of a circular ..... the assistant commissioner of wealth-tax with a direction that he may refer the question of valuation of shares of jaipur finance and diary products p. ltd. to the valuation officer under section 16a of thewealth-tax act. the income-tax appellate tribunal has thus allegedly extended the time-limit for completion of the assessment as prescribed under ..... the matter to the assistant commissioner of wealth-tax to make a reference under section 16a of the wealth-tax act, 1957?' 2. shortly stated, the facts are that the assessee, inter alia, held 19,997 shares of jaipur finance and diary products pvt. ltd. in the wealth-tax return, the assessee declared the value of these shares .....
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