Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: recent Court: kolkata Page 9 of about 13,754 results (0.225 seconds)

Liquidator, Mahmudabad Properties Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1972]83ITR470(Cal)

..... 's liability borne by the owner.' (as it stood at the time of the assessment before the new amendment of this proviso was introduced by the finance act of 1968).this section 23 has certain sub-sections and explanations to which we shall refer later on in this judgment.6. it is followed by section 24 of ..... having been requisitioned by the said government for housing refugees and that requisition, we understand, was made under the west bengal premises requisition and control (temporary provisions) act, 1947. on the 26th december, 1960, the building was derequisitioned by the government and since then the property was lying vacant. the correspondence between the assessee and ..... the income-tax act, 1961, dealing with deductions from income from house property and the relevant portions, inter alia, are as follows:'24. (1) income chargeable under the .....

Ram Kanai Jamini Ranjan Pal Private Ltd. Vs. Member, Board of Revenue

Court : Kolkata

Reported in : [1970]26STC489(Cal)

..... referred to us, namely, 'whether on the facts and in the circumstances of the case, in exercise of his powers under section 20(3) of the bengal finance (sales tax) act, 1941, the additional commissioner was competent to reassess the gross turnover of the petitioner by taking into consideration additional material which had not been made available to the assessing ..... ignore the limitations inherent in the exercise of those powers.8. in a subsequent and later decision of the supreme court in swastik oil mills ltd. v. h.b. munshi [1968] 21 s.t.c. 383 (s.c.), the above view and principle were followed and approved. bhargava, j., rejected the principle of the decision of the andhra pradesh ..... with the view expressed by the decision of the madhya pradesh high court in commissioner of sales tax, m.p. v. caltex (india) ltd. satna a.i.r. 1968 m.p. 191, specially the observations appearing at page 194 in paragraph 6 of that report without a more detailed analysis of the c.p. and berar sales tax .....

Commissioner of Income-tax Vs. Deoria Sugar Mills Ltd.

Court : Kolkata

Reported in : [1971]80ITR408(Cal)

..... 8,731.10. but the appellate assistant commissioner decided against the assessee. before the tribunal the assessee submitted that it was beyond the competence of the finance act to provide for levy of tax with reference to declaration of dividend on bonus shares in an earlier year. the department contended that the tribunal was ..... to the income-tax act, the privy council in maharajah of pilhapuram v. commissioner ..... : [1968]67itr102(sc) .. the calcutta high court has taken the same view in commissioner of wealth-tax v. jhagrakhand collieries (private) ltd., [1968] 67 i.t.r. 572 (cal.) 12. we have now to discuss the appellate tribunal's powers to question the vires of the annual finance act. dealing with the position of the finance acts in relation .....

Tata Capital Financial Services Ltd. Vs. Susanta Kumar Samal and Anr.

Court : Kolkata

..... only. the learned counsel has relied upon a single bench decision as well as the division bench judgment of bombay high court in the case of l & t finance limited versus mr.kajal kumar das & anr. passed in chamber summons no.195 of 2011 in execution application no.1898 of 2011 in arbitration no.561 of 2008 ..... , 2010 and submits that in the said decisions it has been held that for the purpose of considering the application under section 34 of the arbitration and conciliation act the court shall taken into consideration as to whether any prior application has been filed in relation to the arbitration proceedings. per contra, the learned counsel appearing on ..... the agreement was executed at kolkata and payments have been received at kolkata. the execution application is not arbitral proceedings within the meaning of section 42 of the act and is not a subsequent application arising out of the agreement and the arbitral proceedings. in fact the arbitral proceedings come to an end when the time for .....

Ambuja Neotia Holdings Private Limited Vs. M/S Planet M Retail Limited

Court : Kolkata

..... by the civil courts; despite existence of the arbitration clause .16. the judgment in fingertips solutions was cited in course of a petition under section 8 of the 1996 act in the matter pertaining to diamond apartments. the following paragraphs from the unreported judgment capture the essence thereof: this judgment (orient paper), however, was not cited and, ..... 2015. before sanjib banerjee, judge date: august 7, 2015. sanjib banerjee, j.: the defence of the respondent to this request under section 11 of the arbitration and conciliation act, 1996 is two-fold: that the claim of the petitioner is generically incapable of being arbitrable; and, that there is no arbitration agreement between the parties.2. the ..... agreement at all.8. the petitioner contends that the supreme court judgment reported at (2011) 5 scc532(booz allen and hamilton inc v. sbi home finance limited) has been misread in the judgments of shyam retails and fingertips solutions. the petitioner says that the transfer of property .....

M/S. Maa Enterprise Vs. Union of India

Court : Kolkata

..... sinha roy, adv.before: the hon'ble justice sanjib banerjee date : july 16, 2015. the court : the request under section 11 of the arbitration and conciliation act, 1996 has been carried by a contractor following the failure of the appointing authority recognised in the arbitration agreement to constitute an arbitral tribunal to adjudicate upon the disputes ..... act did not indicate a time limit for an appointing authority or the named arbitrator to appoint an arbitral tribunal or take up ..... on the authority of the chief justice or his designate to exercise their statutory jurisdiction under section 11 of the said act. the history of the rule can be traced to the judgment in datar switchgear ltd.versus tata finance limited [(2000) 8 scc151, where the supreme court recognised that though section 11(6) of the .....

C.I.T Centralii, Kolkata Vs. Balarampur Chini Mills Ltd.

Court : Kolkata

..... case is that there was no deliberate concealment. clause (c) of section 271(1) originally qualified an act of concealment of income or furnishing of inaccurate particulars with the expression deliberately which was omitted by the finance act, 1964 w.e.f.1.4.1964 as a result concealment of income or inaccurate particulars need not ..... regard may be made to paragraph 18 of the judgment which reads as follows:- t he explanations appended to section 271 (1) ( c ) of the it act entirely indicates the element of strict liability on the assessee for concealment or for giving inaccurate particulars while filing return. the judgment in dilip n. shroff case has ..... the return already filed by him for the assessment year 2004-2005 under section 139 includes an expenditure disallowable under section 37 (1) of the i.t.act, it would automatically follow that inaccurate particulars had been furnished in the return originally filed, assessment whereof was completed on 28th december, 2005. the provisions of .....

Srei Equipment Pvt. Ltd. Vs. Mohammad Asif Habibi and Anr.

Court : Kolkata

..... notice to the borrower. the parties have been before this court on previous occasions. upon a previous petition under section 9 of the said act being disposed of to the dissatisfaction of the finance company, an appeal was carried from the relevant order. such appeal was disposed of on november 18, 2014 by the order impugned being ..... have been discharged. it will be apparent from the appellate order of november 18, 2014 that a substantial amount remained due from the respondents herein to the finance company under the agreement and on appreciation of such fact, the appellate order provided for the conditional use of the 15 remaining assets by the respondents subject to ..... november 18, 2014 permitted the respondents to use the 15 assets in the usual cours.of business, subject to payment of rs.5 lakh per month. the finance company says that such payment of rs.5 lakh per month has not been forthcoming, despite the passage of nearly seven months from the appellate order. the appellate .....

M/S Shyam Steel Industries and Anr. Vs. Deputy Commissioner of Central ...

Court : Kolkata

..... rule 7 of the said rules. (9) ld. counsel relied on a circular dated 30th june, 2000 issued by the central board of excise and customs.ministry of finance, department of revenue wherein at paragraph 9 it is stated as follows:- 9. as regards discounts, the definition of transaction value does not make any direct reference. in ..... the amount of duty as may be finally assessed and the amount of duty provisionally assessed. the grievance of the writ petitioners is that the respondent authorities have acted unreasonably in failing to exercise the power under the said rule and allowing the writ petitioners to pay duty on provisional basis. (19) it will be seen ..... taking into account the trade discounts made available by it to its customers.thereby ending up paying excess central excise duty than what is actually payable under the 1944 act. (8) the petitioners submit that trade discounts known and understood at the time of removal of goods, whether in the form of year ending discount or target .....

Diamond Apartments Pvt. Ltd. Vs. Abanar Marketing Ltd.

Court : Kolkata

..... to arbitrate the dispute. is submitted that in an application under section 8 it of the arbitration and conciliation act, 1996, having regard to the law laid down in booz allen and hamilton inc. versus sbi home finance limited & ors.reported at (2011) 5 scc532 the court would be required to decide the abritrability of ..... terminated on 11th october, 2013. in the said proceeding, the plaintiff has also filed an application for interim relief under section 17 of the arbitration and conciliation act, 1996. mr.chandranath mukherjee, advocate, since deceased, was the named arbitrator. before the learned arbitrator pleadings were filed. in the counter objection as well as ..... inasmuch being a as complete the code arbitration in itself, and the remedies provided under the said act are required to be pursued. mr.mitra has referred to the decision of the madras high court in india cements capital finance limited versus kwality spinning mills ltd.& others reported at [2000].102 company cases 523 (mad.) .....