Court : Madhya Pradesh
Reported in : 1979(4)ELT243(MP)
..... 1st march 1969 the excise duty payable by the manufacturers of vegetable product under item 13 was leviable by weight per quintal of the excisable goods. by finance act of 1969 which came into force on 1st march,1969, item 13 of the first schedule was amended so that from that date the excisable duty leviable ..... not be included in the price for the purpose of charging excise duty, as according to learned counsel the definition of 'manufacture' in section 2(f) of act itself indicates that 'manufacture' will mean process incidental or ancillary to the completion of a manufactured product. learned counsel therefore contended that the containers' price, therefore, ..... present order shall also govern the disposal of misc. petition no. 220 of 1975. 2. 1 he petitioner is a limited company incorporated under the companies act and they have a factory at indore where they manufacture hydrogenated oil commonly known as 'vanaspati'. the vanaspati so manufactured is subject to duty payable under the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1982)28CTR(MP)44
..... and record a finding in regard thereto when disclosure petitions made by smt. kapooridevi and virendra kumar u/s 24 of the finance (no. 2) act of 1965 had been acted upon by the it authorities ?'2. the disclosures under the finance act no. 2 of 1965 were made by smt. kapoori devi, the wife of the karta, and virendra kumar, his major son. the ..... faizan uddin, j. - the question of law referred in this reference u/s 256(2) of the it act, 1961, is as follows :'whether on the facts and in the circumstances of the case it was open to the it authorities to investigate into the genuineness of the deposits .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1996)134CTR(MP)280
..... arising from the transfer of any land referred to in item (a) or item (b) of sub-cl. (iii) of cl. (14) of this section.'(explanation inserted by finance act of 1989 with retrospective effect from 1st april, 1970)the capital asset has also been defined under s. 2(14), sub-cl. (iii) which is relevant for our purposes. ..... the profit arising from the sale of agricultural lands did not amount to capital gains within the meaning of it act, 1961 ?'4. meanwhile the act was amended and explanation was inserted below the proviso in sub-s. (1a) by the finance act, 1989 with retrospective effect from 1st april, 1970. the petitioner has now filed this writ petition challenging the ..... used for agricultural purposes, even though it may be situated in an area of municipal limits. the act was thereafter amended by inserting expln. to sub-s. (1a) of s. 2 with retrospective effect from 1st april, 1970 by the finance act, 1989 with a view to effectuate the levy of tax on capital gains arising from the transfer .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2006)205CTR(MP)396
..... , referred to the circular no. 117 dated 14-8-1991 of the board of directors, in which the scope and effect of the amendments in section 271b by the finance act, 1995, with effect from 1-7-1995 have been explained. he pointed out that in para 29.5 of the said circular, it is stated that the amendments take ..... he submitted that the change in section 44ab casting the obligation on the assessee to furnish the report of the audit by the specified date was brought in by the finance act, 1995 with effect from 1-7-1995 and the said change of the law would not be applicable to the assessment year 1995-96. in support of the aforesaid ..... while admitting the appeal, the court formulated the following substantial questions of law :'1. whether the tribunal was justified in confirming the penalty levied under section 271b of the act ?2. whether the taxing authority were justified in the facts of this case in properly interpreting the requirement of section 271b when they upheld the penalty of rs. 1, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1994(69)ELT485(MP)
..... orderg.p. singh, c.j.1. the petitioner is a manufacturer of bidis. hand-made bidis were not subjected to excise duty before 1st march 1975. by finance act no. 25 of 1975, hand made bidis were included as excisable goods under the heading 'other bidis' in item no. 4-ii(3)(ii) of the first schedule ..... pudas and that it was not necessary for completing the manufacture of bidis that they should have been packed in unit containers or pitaras.3. section 2(f) of the act defines 'manufacture' to include any process incidental or ancillary to the completion of manufactured product. clause (ia) of section 2(f) further clarified that in relation to manufactured ..... to the central excises and salt act, 1944. the said bidis thus now come under the category of manufactured tobacco. the petitioner's contention was that the stock of manufactured bidis with it which existed immediately on .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1984]146ITR510(MP)
..... facts and in the circumstances of the case, the tribunal was justified in law in holding that even if the provisions of section 5(1)(viii) as amended by the finance act no, 2 of 1971, are retrospective in operation, the inclusion of value of gold ornaments and jewellery could not be made by invoking the provisions of section 35 of the ..... wealth-tax act, 1957 ?'facts as stated by the tribunal are as follows : the assessee in her return of wealth for assessment year 1968-69 claimed that jewellery and ornaments valued at rs. 89,201 were exempt under section 5 of the w. ..... t. act. the wto rejected this submission and added the value of jewellery and ornaments in the net wealth of the assessee. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1991]188ITR741(MP)
..... order of the central board of direct taxes dated january 20, 1986. thereafter, section 34ab and other corresponding provisions of the wealth-tax act, 1957 (hereinafter called 'the act'), were amended by the finance act of 1988 with effect from june 1, 1988, and the name of the chief commissioner was substituted in the place of the central board ..... , and was empowered to deal with and issue licences to the registered valuers of immovable properties prior to the amendment of section 34ab of the act by the finance act, 1988, with effect from june 1, 1988, and respondent no. 3 is the union of india. before the amendment, the central board of direct taxes ( ..... of direct taxes in respedt of according registration. the provisions contained in chapter vii-b of the' act were also amended with effect from june .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP353
..... purposes, given another name in commerce. in our opinion french polish is included in the word 'varnishes' and is therefore taxable under the act.11. the only other point raised before us is that the finance act of 1955 operated from 1 april 1955 and thereunder tax could not be levied from 1 march 1955. in view of the provisions of ..... the provisional collection of taxes act, 1931 (16 of 1931), the finance bill of 1955 authorised collection of the tax from 1 march 1955. since this point was not pressed before us, we do not consider it necessary ..... state by the ministry of states notification no. 135/j dated 6th june, 1949 issued in exercise of the powers conferred by section 4 of the extra-provincial jurisdiction act, 1947. this notification was published in the bhopal gazette dated 26th june, 1949.(ii) french polish is spirit varnish which is used for polishing furniture. it is included .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1989]180ITR667(MP)
..... no cogent reason for holding that even after the omission of the words 'and exclusively used by him for residential purposes' by the finance (no. 2) act of 1971, exemption under section 5(1)(iv) of the act should not be allowed in the case of a commercial house owned by an assessee. in our opinion, therefore, the tribunal was ..... building owned by the firm was liable for exemption under section 5(1)(iv) of the act. the appellate assistant commissioner, however, rejected the contention on the grounds that the cinema building was not used for the purpose of the residence of the assessee and that ..... in question, the assessee was a partner in a firm having one-fourth share in the said firm which owned a cinema building. while framing the assessment under the act, the income-tax officer took into consideration the value of the cinema building. on appeal, the assessee, for the first time, contended that the value of the cinema .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2003(3)MPHT250; 2003(3)MPLJ528; [2004]52SCL5(MP)
..... *** ***'12. the provision regarding suspension of legal proceedings contained in section 22(1) seeks to advance the object of the act by ensuring that a proceeding having an effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under consideration before the board or ..... the provision regarding suspension of legal proceedings contained in section 22(1) seeks to advance the object of the act by ensuring that a proceeding having an effect on the working or the finances of a sick industrial company shall not be instituted or continued during the period the matter is under consideration ..... the year 1997 and objection was raised by the respondents before the executing court that by virtue of section 22 of sick industrial companies (special provisions) act, 1985 (hereinafter referred to as 'the sica'), execution of decree cannot proceed without consent of the bifr. the executing court has allowed the application for .....
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