Court : Orissa
Reported in : AIR1994Ori258; 1995(I)OLR544
..... other hand, in the case of shashikant laxman kale v. union of india, air 1990 sc 2114, when validity of section 10(10c) of the income-tax act, as introduced by the finance act, 1987, had been challenged, their lordships held (at p. 2119 of air) :--'for determining the purpose or object of the legislation, it is permissible to look ..... reddy, air 1978 sc 215, as well as the decision of the gujarat high court in the case shri prithvi cotton mills ltd. v. broach borough municipality, air 1968 guj 124, and the decision of the bombay high court in the case of municipal commissioner, the municipal corporation of the city of ahmedabad v. gordhandas hargovandas, air 1954 ..... the federal court and the supreme court in support of the proposition that the pith and substance of the act has to be looked into and an incidental trespass would not invalidate the law. .....'in the gujarat case, air 1968 guj 124, the question for consideration was whether the impost in question is a tax on lands and buildings .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT671
..... september 15, 1993 the petitioner requested the sales tax officer, opposite party no. 3, to convert its provisional registration to permanent registration under section 9 of the orissa sales tax act w.e.f. september 10, 1993. the petitioner, however, received a copy of the letter from the general manager, d.i.c., opposite party no. 6, addressed to ..... that there was a promise for tax exemption in respect of the finished goods.18. the notifications of the finance department as per s.r.o. no. 790 of 1990 made under section 7 of the orissa sales tax act provide for exemption of tax in lieu of deferment. the schedule provides for the period of exemption in lieu ..... submitted that in view of the aforementioned provisions of the i.p.r. and the notification of the finance department under section 7, there is no scope for the petitioner to pray for exemption under section 6 of the orissa sales tax act. the state government having made statutory provisions in consonance with the i.p.r. in respect of .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori37; (2008)218CTR(Ori)568; [2008]299ITR56(Orissa)
..... income as per the provisions of section 139 are:xxx xxx xxx(v) body or authority referred to in clause (23bba).section 139(4c) was inserted by the finance act, 2002 w.e.f. 1-4-2003 requiring certain specific body or institutions such as, scientific research association, news agency or institution referred to under various sub- ..... the income-tax act provides that in computing the total income of previous year of any person, any income indicated in ..... .6. after pointing out the aforesaid features of the said act, the learned counsel for the petitioner submitted that keeping in view the said provision, exemption was allowed under section 10(23bba) of the income-tax act which was introduced in the year 1979 by the finance act with retrospective effect from 1st april, 1962.section 10 of .....
Tag this Judgment!Court : Orissa
Reported in : [1991]72CompCas436(Orissa)
..... curtailment of the state's power of taxation.17. in the aforesaid case, these observations were made while examining the validity of section 5(3) of the bihar finance act, 1981, which provision ran counter to what was laid down in the drug (price control) order, 1979, which had been issued by the central government under ..... section 3(1) of the essential commodities act, 1955. the argument was that the provision of section 5(3) of the bihar finance act which stated that the surcharge in question could not be collected from the purchasers, had to yield to the aforesaid price ..... under entry 33 of list iii which is the relevant entry relating to the essential commodities act, 1955. the provision of section 6 of the essential commodities act, was, therefore, not allowed to override the provisions of section 5(3) of the bihar finance act.18. though in hoechst pharmaceuticals' case : [1985]154itr64(sc) the apex court was .....
Tag this Judgment!Court : Orissa
Reported in : AIR2008Ori88; 106(2008)CLT324; 2008(I)OLR659
..... notified in exercise of powers conferred under sub-clause (iv) of clause (m) of sub-section (1) of section 2 of the securitization act. in the said notification maharshi housing development finance corporation ltd., new delhi has been notified as a financial institution on and from 10th november, 2003. this fact is not disputed. it is ..... ii) of clause (h) of section 2 of the recovery of debts due to banks and financial institutions act and under section 2(m)(iii) means the international finance corporation established under the international finance corporation (status, immunities and privileges) act, 1958. admittedly opposite party no. 6 is not coming under any of sub-clauses of section 2(m)( ..... i.e. on 26.5.2001 and 6.5.2002, opposite party no. 6 maharshi housing development finance corporation ltd., was not a financial institution within the meaning of section 2(m)(iv) of the said act and not being a financial institution it was not a secured creditor and could not invoke the provisions of .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... collateral fact the competent authority would assume jurisdiction under chapter xx-a.10. there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under chapter xxa of the income-tax ..... conclusive and the civil court has always the jurisdiction to examine whether the tribunal has acted within its jurisdiction unless the power of the civil court is expressly taken away. since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine ..... law. the bench of this court in the said case also relied upon the decision of the supreme court in the case of dhulabhai v. state of m, p., : [1968]3scr662 , and quoted the three principles which are extracted hereunder (at p. 89) :'(1) where the statute gives a finality to the orders of the special tribunals the civil .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT118; [2009]185TAXMAN87(Orissa)
..... purpose....;6. in paragraph 9 of the writ petition it has been stated that by the finance act, 1995 which came into effect on 01.07.1995 the words 'as may be prescribed' stated in section 10(14) of the ..... high court as the same was not placed before it. moreover, the subsequent circular issued by the government of india, ministry of finance dated 1st february, 2001 was also never placed before the division bench of the rajasthan high court and was not considered. therefore, ..... of india and ors. reported in it appears that rajasthan high court was considering impact of the circular of the ministry of finance, government of india issued through the central board of direct taxes dated 28th november, 1986. from the said circular it appears that ..... on the ground that the dispute pertained to the assessment year 1990-91 and as per the circular of cbdt dated 9th october 1968, the amount paid towards conveyance is exempted from tax. the hon'ble supreme court held that the income tax authorities are bound .....
Tag this Judgment!Court : Orissa
Reported in : [1982]50STC211(Orissa)
..... interest becomes payable under article 244, commences to run gulati, j., speaking for the court observed : under the income-tax act, although the liability to pay tax is cast upon an assessee each year in accordance with the finance act of that year, yet the tax becomes due and payable only when an assessment order is passed and a notice of demand ..... under article 29 of the indian income-tax act, 1922, and article 156 of the income-tax act, 1961, is served upon the assessee. if there is no ..... about it. the main provision in article 14 clearly indicates when exactly a claim for refund is available to be made.section 14-d which was inserted into the act by orissa act 2 of 1966 with effect from 30th of april, 1966, provides :power to withhold refund in certain cases.-where an order giving rise to a refund is the .....
Tag this Judgment!Court : Orissa
Reported in : (2009)11VatReporter168; (2008)12VST31(Orissa)
..... state of bihar reported in [2004] 134 stc 354. in that case also it was provided in clause (a)(i) of section 21(1) of the bihar finance act, 1981 that for deductions from dealer's gross turnover, in order to arrive at his taxable turnover, deductions are to be given in respect of works contract of the ..... the petitioner is that in response to notices dated march 3, 2006 and april 29, 2006, purported to have been issued under section 12(4) of the ost act, it furnished books of account, contract copy, transaction documents/bills/vouchers, various statement of turnovers, details of registered sub-contractors and details of tax deducted at source ..... the business of constructing/ executing road works throughout india and also in various other countries of the world. the petitioner is a registered dealer under the orissa sales tax act, 1947 as a 'works contractor' under the sales tax officer, bhadrak circle, bhadrak. the petitioner secured the contracts for road construction in the state of orissa, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori128; 34(1968)CLT373
..... ipso facto on the occurrence of such an attachment as actually took place; in other words, the claimant-owner sundaram finance ltd.became entitled to the possession of the truck without notice immediately upon the act of attachment before judgment at the instance of the plaintiff creditor. in the present case, there is no question that ..... truck immediately upon the attachment; sundaram finance ltd., the owner, had not only property in the truck but also the right to possession at the time ..... the truck attached was the property of sundaram finance ltd. as owner under the hire-purchase agreement. the question is: had sundaram finance ltd. also a right to its possession at the time of the attachment? in my opinion it had, because the act of attachment before judgment entitled it to take possession of the .....
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