Court : Orissa
Reported in : [1988]173ITR425(Orissa)
..... which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall ..... .17. strong reliance was, however, placed by learned counsel for the assessee on the case of shyam lal v. state, air 1968 all 392. that was a case under the prevention of food adulteration act and during the pendency of the trial, the punishing section was amended reducing the rigour of the law and, accordingly, it was ..... and reads as follows :' 271(1). if the income-tax officer or the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person--...... (c) has concealed the particulars of his income or furnished inaccurate particulars of such income, he may direct that such person shall pay .....
Tag this Judgment!Court : Orissa
Reported in : AIR1966Ori135
..... this principle. in a. n. lakhman shenoy v. income-tax officer, ernakulam, air 1958 sc 795 where in determining the meaning of 'assessment' in section 13(1) of the finance act, 1950, the supreme court held that the collocation of the words 'levy, assessment and collection' indicates that what is meant is the entire process by which the tax is ascertained ..... decision once made the supreme court answered the questions thus : while dealing with the true scope and the effect of section 12 of the finance act xxv, 1950 (corresponding to section 298 of the income-tax act, 1961) the supreme court held that it was for the central govt. to determine if any difficulty of the nature indicated in section 12 ..... of the finance act, 1950 has arisen and then to make such order or give such direction, as appears to it to be necessary to remove the difficulty. the supreme court also .....
Tag this Judgment!Court : Orissa
Reported in : [1991]190ITR139(Orissa)
..... this reference has been made to this court. 5. before the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, section 139(4)(a) which was substituted by the finance act, 1968, with effect from april 1, 1968, and amended by the taxation laws (amendment) act, 1970, with effect from april i, 1971, stood as under :'4 (a) any ..... from the end of such assessment year ;(ii) where the return relates to a previous year relevant to the assessment year commencing on the 1st day of april, 1968, three years from the end of the assessment year ;(iii) where the return relates to a previous year relevant to any other assessment year, two years from the ..... before the tribunal that the decision of the supreme court is no more applicable in view of the amendment made to section 139 by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. according to the departmental representative, the return was not filed either within time provided under section 139 or within such .....
Tag this Judgment!Court : Orissa
Reported in : [1972]85ITR342(Orissa)
..... powers thereunder . . . .' 6. there was a similar provision in section 54 of the indian income-tax act, 1922. but, as it appears, by the finance act of 1964 the provisions of section 137 have been omitted with effect from april 1, 1964. by the same act, section 138 was recast and ran to the following effect :'(1)(a) the board or any other ..... production of the papers up to the assessment year 1964-65 and it would be sufficient for his pur-purpose if the papers for the assessment years 1965-66 to 1968-69 are produced. in this civil revision i shall, therefore, confine the contentions and the ultimite decision to the legality of the learned trial judge's order in ..... m/s. nazir mahammad.2. when the trial commenced, an application was made by the plaintiffs for summoning the income-tax records relating to the asssessment years 1953-54 to 1968-69 from the income-tax officer, ward c, who was the concerned assessing officer. no notice was given of this application to defendant no. 2, who is the .....
Tag this Judgment!Court : Orissa
Reported in : [1976]103ITR479(Orissa)
..... the tax, if any, which would have been avoided if the income as returned by such person had been accepted as correct income.' 14. by section 40 of the finance act, 1964 (act no. 5 of 1964), section 271(1)(c) was amended with effect from april 1, 1964. in section 271(1)(c) the word 'deliberately ' was omitted. ..... the explanation of the assessee is false does not necessarily give rise to the inference that the disputed amount represents his income. under that section in the old act it was for the revenue to establish that the disputed amount represented income and that the assessee had consciously concealed the particulars of his income or had deliberately ..... into consideration all the facts and circumstances, pros and cons, and then determine whether the assessee has discharged the onus.30. on the aforesaid analysis, the tribunal acted contrary to law in not applying the explanation to the facts of this case. we would accordingly answer the question in the negative by saying that the tribunal .....
Tag this Judgment!Court : Orissa
Reported in : 1992(38)ECC1
..... in or in relation to the manufacture of specified 'final products' which are liable to excise duty. section 37(2)(x via) of the act which was inserted by finance act of 1986 (act 23 of 1986) authorises the central government to make rules for allowing credit of duty paid or deemed to have been paid on the goods ..... relevant provisions necessary for adjudicating the dispute. rule 57a stipulate that credit is available on basic excise duty, special excise duty or additional duty under the customs tariff act, 1975, paid on specified goods which are used in or in relation to the manufacture of specified final products. rule 57a makes the provision applicable to such ..... supports the petitioner's stand. since the notification issued under rule 57a specifies final products to be 'goods under the heading of chapter-85 of the tariff act' and chapter-85.28 describes the goods to be 'television receiver', there is nothing in rule 57a which prohibits a manufacturer of television receiver to avail of .....
Tag this Judgment!Court : Orissa
Reported in : AIR1963Ori111; 29(1963)CLT179
..... opposite party dated 20-2-1961) was not addressed to him and hence he was not the 'public officer' referred to in section 124 of the evidence act. the claim of the finance secretary was rejected on the ground that the document in question (serial no. 12) did not deal with 'affairs of state' and that his affidavit ..... and hence, according to mr. d. mohanty only the secretary of the department concerned would be the 'head of department' here the finance secretary for the purpose of section 123 of the evidence act. similarly, in the rules of business made by the government of orissa under article 166 of the constitution, the various departments in the ..... as the national saving commissioner (defendant no. 2) is admittedly not the secretary of the department concerned (which is the finance department in this case) his claim of privilege under section 123 of the evidence act must fail.12. the same reasoning would apply in respect of the claim of privilege made by the collector of cuttack. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1999Ori237; 1999(II)OLR8
..... senior officers to inspect all the district consumer forums under his direct supervision within the shortest possible time. appreciating the prayer, this court permitted the secretary, finance department to take effective steps in consultation with the secretary in charge of consumer affairs for the stale to appoint officers to inspect different district forums as ..... admit of creating a consumer welfare fund but have explained stating that the concerned authority i.e. the finance department has already been moved for amendment of the appropriate provisions in the sales tax and entertainment tax acts. the slate is directed to take these steps within a period of six months from the date ..... of receipt of the order.18. it is found from the records particularly the report of the finance secretary that at some places no staffs even according .....
Tag this Judgment!Court : Orissa
Reported in : AIR1953Ori185
..... or primary object of merely beating down the compensation payable under the estates abolition scheme then pending on the legislative anvil and not for the purpose of 'financing the various development schemes in the state,' as reiterated in the statement of objects and reasons appended to the revised bill published on 22-7-1950. ..... resources of the state. it is contended, therefore, that though according to the professed object of the amendment the tax was enhanced for the purpose of financing certain development schemes, this was nothing more than a mere pretence of the legislature. the statement of objects and reasons of the bill as published on 8 ..... essence, an export tax. notwithstanding the statement that the enhanced agricultural income-tax act was necessary for financing development schemes, no attempt was made for a period of nearly two years after the passing of that act even to assess under that enhanced act persons whose incomes were below rs. 20,000/-. moreover, as pointed out by .....
Tag this Judgment!Court : Orissa
Reported in : AIR1982Ori20; 52(1981)CLT402
..... orissa 143 (sarat chandra panda v. state of orissa).sub-section (4) of section 32 of the cooperative societies act runs as follows:'before taking any action under sub-section (1) in respect of society, the, registrar shall consult the financing bank to which it is indebted and consider the opinion, if any, received from such bank.' in the case cited ..... impugned order on 30-3-1981. the impugned order is attacked mainly on the following grounds:(1) that the financing bank (o. p. no. 5) was not consulted by o. p. no. 2 before initiating action under section 32(1) of the act. (2) that no opportunity of personal hearing was given, though specifically asked for. '(3) that opposite party ..... be superseded in the best interest of the said stores. it is also mentioned therein that the financing bank would be issuing the written consent in due course. thus, it appears that though the copy of the notice under section 32(1) of the act was forwarded to o. p. no, 5 on 23-1-1981, yet there was consultation .....
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