Court : Madhya Pradesh
Reported in : (1999)154CTR(MP)1
..... to make a return under the income-tax or to disclose fully and truly all material facts necessary for his assessment or otherwise, then, notwithstanding anything contained in the it act or in any finance act, income-tax shall be charged at the rates specified in s. 64.5. the condition set out in cls. (a), (b) and (c) of s. 64( ..... be explained by her, therefore, she made a disclosure under the voluntary disclosure of income tax scheme 1997, promulgated by the government in accordance with s. 62 of the finance act, 1997 (act no. 26 of 97). the petitioner submits that according to the scheme a person could make a declaration in accordance with the provisions of s. 65 of the ..... finance act for any assessment year. any income chargeable to tax has escaped assessment by reason of omission or failure on assesses part to make return or to disclose fully .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1998)144CTR(MP)235
..... development rebate was discontinued through a notification dt. 25th may, 1971 in respect of plant and machinery installed after 31st may, 1974. sec. 16 of the finance act, 1974 however, provided that benefit of the scheme would be available in some exceptional cases even in respect of plant and machinery installed after 31st may, 1974. ..... rebate in accordance with law. we further direct the assessing authority to withdraw the initial depreciation, if any, allowed by applying the other provisions of the act alternate to development rebate. the ao is directed to modify his order and also carry out the consequences of the same.'3. the revenue was not satisfied ..... the assessee observing :'we have carefully perused the records and considered the rival submissions. it is well accepted principle in companies law that a promoter cannot act on behalf of the company under incorporation and the company soon after its incorporation has ratified such actions of the promoters. this is an accepted mode of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996CriLJ2754
..... -95.6. so far as present appeal is concerned the appeal will have to be allowed because by reading all relevant provisions of m.v. act, it cannot be held that appellant who happens to be financer of the tractor in question can be saddled with the liability of paying interim award to the claimants in view of the provisions of section ..... 140 of m.v. act he needs to be and stands exonerated so far as liability of paying interim compensation amount to claimants in view of ..... tribunal passes an independent order after recording some evidence for the purpose of coming to the conclusion which is necessary to be arrived at in view of section 140 of mv act. the amount which has been deposited by the appellant in the office of tribunal be returned to him. so far as the appeal is concerned, no order as to .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2009(2)MPHT535
..... the m.p. van upaj vyapar (viniyaman) adhiniyam, 1969, in brief 'the 1969 act'.2. brief facts are that petitioner rakhiyabai is the owner of tractor trolley no. mp 48 m 1565, which is stated to be purchased after obtaining finance from the bank. the tractor trolley was stopped by the forest officers on 16-12-2003 ..... indal was driving the tractor.3. the authorised officer initiated proceedings for confiscation of the tractor on the ground of violation of section 5 (1) of 1969 act. the statements of the prosecution as well as the defence witnesses were recorded and thereafter the authorised officer passed the order dated 26-12-2005 directing confiscation of ..... taking loan and illegal transportation of the teakwood was done without her knowledge, therefore, she should be given the benefit of section 15 (6) of the 1969 act. he further submitted that there is variation in the initial statement of the driver given to the forest authorities and his statement recorded before the authorised officer in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)180CTR(MP)491
..... of the delhi high court has been overruled by the full bench of the same high court in cit v. sophia finance ltd. : [1994]205itr98(delhi) . in the subsequent decision it is clearly held that section 68 of the it act is applicable in respect of share application money although it will be a question of fact to be decided whether the entries ..... following question, said to be the question of law :'whether the learned tribunal was justified in holding that cit(a) rightly deleted the addition made under section 68 of the it act following the delhi high court's decision in cit v. steller investments ltd.. stating that provisions of section 68 is not applicable in respect of share application money ?' 2. the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996ACJ1107
..... a decision of the supreme court also which deals with a somewhat similar situation. it would, therefore, be apt to refer to some of them.6. in motor and general finance (india) ltd. v. mary mony 1991 acj 101 (kerala), the division bench was considering the meaning to be assigned to the words 'arising out of the use of ..... high court in united india insurance co. ltd. v. premakumaran 1988 acj 597 (kerala). the division bench was of the view that the provisions of the motor vehicles act, 1939, do not curtail the power of the tribunal to direct the payment of compensation to the injured or the legal representative, legal heirs of the deceased by any ..... suffered an accident on account of it being not kept in proper running condition. the question raised is that the claimants could not claim any compensation under the motor vehicles act, 1988, though they could have sought their remedy under the workman's compensation ad, 1923, it is this issue which is also being examined in this appeal. before .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ988
..... is a decision of the supreme court also which deals with somewhat similar situation. it would, therefore, be apt to refer to some of them.6. in motor and general finance (india) ltd. v. mary mony, 1991 acj 101 (kerala), the division bench was considering the meaning to be assigned to the words 'arising out of the use of ..... division bench was of the view that the provisions of the motor vehicles act, 1939 do not curtail the power of the tribunal to direct the payment of compensation to the injured or the legal representative, legal heirs of the deceased by any person ..... and v.g. sumant v. shailendra kumar, 1979 mplj 785 = 1980 acj 248 (mp).7. with regard to the persons who are entitled to claim compensation under the motor vehicles act, reference may again be made to the another d. b. decision of the kerala high court in united india insurance co. ltd. v. premakumaran, 1988 acj 597 (kerala). the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(14)ECC129
..... thereafter the remedy of appeals, reference to this court and a further appeal to the supreme court, as provided in section 35 of the central excises and salt act, 1944, as amended by finance act no. 2 of 1980 with effect from 11-10-1982, are still available to the petitioner. the petitioner's case is similar to that in eastern air products .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1997)137CTR(MP)63
..... being in force shall be allowed only in computing the income of the previous year in which such sum is actually paid by the assessee. by an amendment by the finance act, 1988 sum payable towards cess and fee were also included which clearly indicates that the provision as it stood at the relevant time did not include or encompass cess or ..... of s. 43b were not applicable. the department thus raised the above question for being referred under s. 256(1) of the act and accordingly the said questions have been referred for the opinion of this court.3. we have heard the learned counsel for the parties and perused the record.4. sec ..... mercantile basis. the department filed an appeal against the decision of cit(a) contending that liability could not be allowed in view of the provision of s. 43b of the act, which was dismissed on the ground that there was distinction between tax and fee and since in the case of the assessee, it was fee and not tax, provisions .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]227ITR429(MP)
..... in force shall be allowed only in computing the income of the previous year in which such sum is actually paid by the assessee. by an amendment by the finance act, 1988, sums payable towards cess and fee were also included which clearly indicates that the provisions as they stood at the relevant time did not include or encompass cess ..... and not a tax, the provisions of section 43b were not applicable. the department thus raised the above questions for being referred under section 256(1) of the act and accordingly the said questions have been referred for the opinion of this court.3. we have heard learned counsel for the parties and perused the record.4. section ..... was not paid but only provision for meeting the liability was made. the assessing officer disallowed the claim in view of the provisions of sections 43b of the income-tax act, 1961. against the order of the assessing officer, an appeal was preferred to the commissioner of income-tax (appeals) which was allowed by him on the ground .....
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