Court : Kolkata
Decided on : Feb-25-1987
Reported in : (1987)64CTR(Cal)167,[1987]166ITR636(Cal)
..... bank or a land mortgage bank. ' 17. learned advocate for the assessee submitted that section 199 of the income-tax act, 1961, had been amended with retrospective effect by the finance act, 1968.18. learned advocate for the assessee submitted further that the andhra pradesh high court did not consider the effect of the retrospective ..... amendment introduced in section 199 of the income-tax act, 1961, in smt. batool begum : [1976]104itr642(ap) , which has been ..... certificate furnished under section 203 in the assessment (including a provisional assessment under section 141a), if any, made for the immediately following assessment year under this act: provided that--..... (ii) in any other case, where the dividend on any share is assessable as the income of a person other than the shareholder .....
Tag this Judgment!Court : Kolkata
Decided on : Nov-19-1987
Reported in : 1988(15)ECC280,1988(33)ELT12(Cal)
..... . in this connection it may not be out of place to mention here that a similar proviso to section 16 of the act relating to export goods (as it stood prior to the substitution of the section by the finance act of 1986) was given effect to by the supreme court in gangadhar narasingh das v. p.s. thrivikraman, - : 1983( ..... already come into force and, accordingly, the customs authorities were quite justified in demanding duty at the said rate from the petitioner in view of section 15 of the customs act, 1962 read with the proviso.44. the rule, as such, is discharged and interim order, if any, do stand vacated. the respondents will now be liberty to realise ..... required to be carried by merchant vessels, containing an account of the cargo, with other particulars, for facility of the customs officers'.24. and section 32 of the act lays down that imported goods should not be unloaded unless mentioned in the import manifest or import report.25. reference in this connection may be made to section 46 of .....
Tag this Judgment!Court : Kolkata
Decided on : Sep-02-1987
Reported in : AIR1988Cal28,92CWN600
..... objections fail on substantial grounds also. the appeal, in our view, was accordingly rightly admitted in exercise of the power conferred by section 5 of the limitation act and even otherwise, the order of admission is no longer open to challenge.27. let this appeal now be placed for hearing on merits two weeks after the ..... of the delhi highcourt in chander dev v. rani bala, : air1979delhi22 which has also held (at 24) that'the prohibition contained in section 29(2),limitation act, 1963 is restricted only to suitsand proceedings and hence does not extendto appeals'. the delhi decision also has not,and this again we say with respect, consideredthe various ..... d. roze has very strenuously urged that this division bench decision was wrongly decided without any advertence to the expression other proceeding in the long title of the act and the other relevant provisions thereof and advised us very seriously to have the question referred to a larger bench. for the reasons given by us hereinbefore .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-10-1987
Reported in : [1988]71STC404(Cal)
..... of the production of the said factory took place on 22nd october, 1979. on 22nd december, 1979 the petitioner was granted registration certificate under the bengal finance (sales tax) act, 1941. the petitioner applied for eligibility certificate under rule 3(66) of the (west) bengal sales tax rules which grants tax holiday to newly set ..... not paid taxes after rejection of the renewal application of the eligibility certificate on 11th march, 1986; notice of assessment under the bengal finance (sales tax) act, 1941 and the central sales tax act, 1956 was issued to the petitioner for the 12 months ending 30th september, 1983 and 30th september, 1984.3. the case of ..... , for declaration forms, has at the time of making the application defaulted in furnishing any return under the bengal finance (sales tax) act, 1941 or the west bengal sales tax act, 1954 or the central sales tax act, 1956 together with the receipted challan showing payment of tax, etc., due from him according to such return or .....
Tag this Judgment!Court : Kolkata
Decided on : Aug-03-1987
Reported in : (1987)66CTR(Cal)172,[1988]170ITR150(Cal)
..... to hold on to the shares which it received by way of gifts.30. some light is thrown on the point by the amendment incorporated in section 13 by the finance act, 1983, noted hereinbefore. under the said amended section, the benefit conferred by section 11 stands withdrawn not only where the funds of the trust are invested or remain invested ..... the assessee could not be deemed to be an investment of the funds of the assessee. in this connection, he drew our attention to section 13, as amended by the finance act, 1983, with effect from april 1, 1983. the said amended section reads as follows :'13. (1) nothing contained in section 11 or section 12 shall operate so as ..... , it was noted that in a circular issued by the cbr, being circular no. i. p. (xv-5) of 1968 dated january 23, 1968, it was laid down thatas the expression 'fund' had not been defined in the companies (profits) surtax act, the same had to be given its ordinary meaning as understood in common parlance. it was further noted in the .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-31-1987
Reported in : 92CWN345,[1989]175ITR422(Cal),[1988]69STC347(Cal)
..... the meaning of article 227 of the constitution of india. mr. bose based his argument mainly on the interpretation of sections 3, 3a and 3b of the bengal finance (sales tax) act, 1941, and also on the decision of the supreme court in the case of jagannath prasad v. state of uttar pradesh [1963] 14 stc 536. since ..... f. t. dated january 3, 1952, issued by the state government in exercise of the powers conferred by sub-section (2) of section 3a of the bengal finance (sales tax) act, 1941, it would appear that the governor was pleased to direct, inter alia, that the additional commissioner of commercial taxes shall have such of the powers and shall ..... it in a legal manner. the additional commissioner, commercial taxes, west bengal, while revising an assessment order under section 20 of the bengal finance (sales tax) act, 1941, is, therefore, required to act judicially and in a legal manner in exercising such functions when the disputes come to his notice or are brought before him by the parties .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-30-1987
Reported in : 1988(37)ELT176(Cal)
..... bail in favour of detenu on 20th of march, 1987.2. shri tarun roy, the joint secretary, government of india, ministry of finance, under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 directed that the detenu be detained and kept in safe custody at dum dum central jail with a view to prevent him .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-28-1987
Reported in : 1992(40)ECC409,1988(35)ELT317(Cal)
..... were already used as components and raw materials for manufacture. the original notification dated september 10, 1982, bearing no. 210/82-customs, is as follows :-'copy of ministry of finance, department of revenue, notification no. 210/82-customs, dated 10-9-1982.g.s.r. 560(e). - in exercise of the powers conferred by sub-section (1) ..... this notification shall also be available to the said raw materials and components imported under and open general licence issued under section 3 of the imports and exports (control) act, 1947 (19 of 1947), if at the time of clearance of such raw materials and components for home consumption, the import licence required under this notification is ..... by the notification-question by which the petitioner is entitled to get the goods cleared without payment of any customs duty. further under section 15 of the customs act, the rate of duty and tariff valuation, if any, applicable to any imoorted goods shall be at the rate and valuation in force in case of goods .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-24-1987
Reported in : (1988)67CTR(Cal)21,[1988]169ITR162(Cal)
..... the assessee is entitled to claim exemption in respect of the city compensatory allowance under section 10(14) of the income-tax act. subsequent to the said judgment, however, an explanation has been inserted by the finance act, 1975, with retrospective effect which has already been set out hereinbefore. the said explanation has made it clear that any allowance ..... us that in view of the explanation inserted by way of amendment to section 10(14) of the income-tax act, 1961, the assessee is not entitled to the relief claimed. the said amendment was inserted by the finance act, 1975, with retrospective effect. it is the contention of the revenue that the view taken by the tribunal is ..... in law having regard to the amendments made in the provisions of section 10(14) of the act by the finance act, 1975. by the said amendment, an explanation had been inserted to the said section 10(14) of the said act which read as follows:'for the removal of doubts, it is hereby declared that any allowance granted .....
Tag this Judgment!Court : Kolkata
Decided on : Jul-20-1987
Reported in : (1989)ILLJ426Cal
..... i section 1) constituted a public enterprises selection board with functions including appointments to board level posts. the bureau of public enterprises under the ministry of finance acts as a co-ordinater and evaluation agency for public sector undertakings and functions including personnel policies relating to public undertakings. as appears from correspondence the bureau ..... enterprises selection board initimated the secretary, ministry of petroleum, the following:in view of your positive recommendation, the tenure of shri k.k. majumder as director (finance) may be extended from 1st april 1985 to 31st july 1987 (the date of his superannuation).after closely watching their work during the last three months, the ..... case of parshotam lal dhingra v. union of india reported in 1958-i-llj-544 and the case of roshanlal tandon v. union of india reported in 1968-i-llj-576 support the distinction between contract and work and status of office.23. in lekhraj satramdas v. m.m. shah reported in (air) .....
Tag this Judgment!