Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: old Court: kolkata Year: 2008 Page 1 of about 97 results (0.025 seconds)

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... great length. his arguments/submissions can be summarized as follows: 2. that section 40a(3) was introduced by the finance act, 1968, with effect from april 1, 1968. in the memorandum explaining the provisions in the finance bill, 1968, it was explained that the purpose behind the enactment of the provisions of section 40a(3) was to curb ..... has been contended by learned counsel sri s.k. tulsiyan that section 40a(3) was introduced by the finance act, 1968 with effect from april 1, 1968. he referred to the memorandum explaining the provisions in the finance bill, 1968 and pointed out that the purpose of introduction of section 40a(3) was to curb wasteful or lavish ..... high court in the case of kamath marbles v. ito have upheld the constitutional validity of section 40a(3) and of rule 6dd after amendment by the finance act, 1995 and the income-tax (fourth amendment) rules, 1995, respectively.11. he further submitted that while upholding the constitutional validity of amendment in section 40a( .....

The Islampur Municipality and anr. Vs. Chaudhuri M. Manjar Afaque and ...

Court : Kolkata

..... establishing markets for agricultural produce in the state of west bengal. accordingly, in the object it has been stated that earlier in the west bengal markets regulation act, 1968 there was some lacuna in the statute whereby the wholesale traders could be restrained to carry the business within the market yard and also in the market ..... and every phrase of the statute must have a meaning. reliance may be placed to the judgment passed in the case reserve bank of india v. peerless general finance and investment co. ltd. and ors. reported in : [1987]2scr1 , wherein in para 33 the apex court discussed the issue in the following language:interpretation ..... agricultural produce sold in the market area. section 17 reads such:17. levy of fee by market committee.- (1) notwithstanding anything contained in the bengal finance (sales tax) act, 1941 or any other law relating to taxation of agricultural produce in force, the market committee shall levy fees on any agricultural produce sold in the market .....

State of West Bengal and anr. Vs. Rita Kar and ors.

Court : Kolkata

Reported in : (2008)1CALLT336(HC),2008(2)CHN72

..... admns., with central assistance. 13. para 6.2.5 in chapter 6 speaks about creation of posts by the state education department upon receiving sanction from the finance department of the state government. referring to relevant paragraphs in the guidelines, it is submitted by mr. kar that in conformity with these guidelines, posts were ..... is under the central government scheme, it is submitted that the scheme itself has bestowed the entire responsibility of execution of the scheme on the state government. acting on such guidelines as prescribed under the scheme, the state government issued the g.o. no. 692-ac (pry) dated 27th july, 2004 thereby converting ..... recruit, select and recommend candidates also for posts such as the one for which it published the advertisement.3. the learned judge held that the respondent authorities acted in violation of the guidelines, which were to govern the recruitment, selection and appointment in the post of principal, diet. writ application was allowed with .....

Hindustan Unilever Limited Vs. Assistant Commissioner, Commercial Taxe ...

Court : Kolkata

Reported in : 2008BusLR303(NULL)

..... (supra), the hon'ble patna high court held at page 257 of the reports as follows:i accordingly find and hold that section 13(1)(b) of the bihar finance act, 1981 cannot be constructed so as to put a geographical limitation on the situs of manufacture or sale of manufactured goods within the state of bihar and it is sufficient ..... are inclined to place on section 5(2)(a)(ii) and the second proviso. section 5(2)(a)(ii) was amended with effect from 28th may, 1972, by the finance act, 1972, and the words in the union territory of delhi were added after the word manufacture so as to provide that manufacture should be inside the territory of delhi. it ..... herein:81. declaration and evidence for deduction of sale of tea at auction immediately preceding export (1) where a dealer makes a sale to a registered dealer of tea act auction held in kolkata under the auspices of the calcutta tea traders association or at siliguri under the auspices of the siliguri tea actuion committee or on internet under the .....

Pralay Karmakar and ors. Vs. Uttara Co-operative Housing Society Limit ...

Court : Kolkata

Reported in : (2008)1CALLT251(HC)

..... to the registrar if the parties thereto are among the following, namely:(a) ...(b) ...(c) ...(d) any other co-operative society or any person including a financing bank having transaction with the concerned co-operative society or the liquidator of such society:provided that nothing in this sub-section shall apply to any dispute-(a) ...(b ..... the cause of action.19. from the aforesaid provisions it transpires that section 86(1)(d) of the said act clearly provides that when the dispute is between co-operative society and any person including a financing bank the same may be settled under the said provisions. in the present case, the question is relating to ..... performance of contract is well within the scope of affairs or business or transaction of the housing co-operative society within the provisions of section 86 of the act of 1973 and learned tribunal ought to have held the dispute case maintainable.17. mr. milan chandra bhattacharya, the learned advocate appearing for the respondent while .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... station of singur in the district of hooghly started acquisition proceedings and several notifications were issued by the state government under section 4 of the said act. one such copy of the said notification is reproduced hereunder:government of west bengaloffice of the land acquisition collector & district magistrate &collector;, hooghlynotification ..... v. lotus hotels put ltd. : air1983sc848 , in which a statutory corporation arbitrarily refused to grant the sanction of loans to entrepreneurs who had already acted on the basis of the sanction, and had incurred expenditure and liabilities. the argument that the transaction was purely a contractual arrangement between the parties ..... differential treatment meted out to government recognised private law colleges alone. there should be nexus between the basis of classification and the object of the act under consideration. on the above crucial aspects, on an evaluation of government's affidavits, they are found to be wanting, replete as they .....

Jenson Nicholson (i) Ltd. Vs. Controlling Authority Under the Payment ...

Court : Kolkata

Reported in : (2008)2CALLT350(HC),2008(2)CHN954

..... utilized for running the day to day operations of the company, subject to keeping proper records thereof and routing all transactions through the company's account with its financing bank(s) only.10. in this matter the petitioners have been represented by mr. sandip ghosh, whereas ms. sukla kabir sinha appeared on behalf of ..... in the case of maharasthra tubes ltd. (supra), a state financial corporation was prevented from exercising their power under section 29 of the state financial corporation act, 1951 under which such corporations are empowered to take over the management and/or possession of an industrial concern if such concern fails to discharge their liability ..... protect the assets of the company in their commercial dealings. but what is directed to be recovered by the controlling authority under the payment of gratuity act is the property of the employees. the authorities cited by the petitioners mostly relate to disputes of recovery of dues of the company arising out of commercial .....

Core Ceramics Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : AIR2008Cal88

..... challenge the notice. the property in question, solely financed by the bank, was mortgaged by deposit of title deeds. though in the writ petition it has been stated that rbi guidelines are vague and uncontrolled, yet during ..... reported in : [1999]235itr118(sc) .3. learned counsel for the bank submitted that interpretation of the provisions should be made taking into account the object of the act. since the petitioners were chronic defaulters, notice under section 13(2) was issued. however, save and except nupur sharma, the guarantor, other petitioners chose not to ..... no provision for preferring appeal against the decision making process and the decision. in such an event, the question of adhering to the alternative remedy under the act does not arise. the learned advocate for the petitioner had relied on the following decisions of the supreme court:1) chaube jagdish prasad v. ganga prasad .....

Allahabad Bank Vs. Shank's (Steel Fab Pvt. Ltd. and Ors.)

Court : Kolkata

Reported in : AIR2008Cal96,2008(2)CHN244

..... the plaint and in support of such contention, mr. basu has relied upon the following decisions of the supreme court as also different high courts:(a) r.s.d.v. finance co. pvt. ltd. v. shree vallabh glass works ltd. reported in : air1993sc2094 ;(b) athmanathaswami devasthanam v. k. gopalaswami ayyagar reported in : [1964]3scr763 ;(c) p. ..... initiated before the debt recovery tribunal, the claim may be, on the face of it, barred by limitation unless the benefit of section 14 of the limitation act is conferred upon the plaintiff. but even if the court exercises jurisdiction under order vii rule 10 of the code of civil procedure and returns the plaint, the ..... in view of such claim, the civil court has no jurisdiction to entertain the suit, the appropriate remedy being available before the debt recovery tribunal created under the act, court therefore, rightly concluded that this was a case of rejection of plaint. the moment, the plaint has been rejected instead of dismissal of the suit, it .....

State of West Bengal Vs. Aftab @ Aftab Ansari and anr.

Court : Kolkata

Reported in : 2008(3)CHN127

..... s. d/2 (posta) police station case no. 53 dated june 2, 2007 under section 395/397 of the indian penal code and section 25(1b)/27 of the arms act, the state preferred the instant criminal revisional application.2. the facts of the case in nutshell is as follows:posta police station case no. 53 dated june 2, 2007, under ..... section 395/397 of the indian penal code and section 25(1b)/27 of the arms act was registered following the incident of a dacoity took place at a broad day light in a busy business area of calcutta on june 2, 2007 at about 3.00 .....