Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: recent Court: kolkata Year: 2004 Page 1 of about 121 results (0.066 seconds)

J. Thomas and Co. Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (2004)190CTR(Cal)355,[2004]267ITR585(Cal)

..... , the assessee was describing its own status as a trading company till 1986-87. it is apparent that the law has been changed in the meantime by the finance act, 1985, when categories have been introduced differentiating between the cases of trading company and other cases. therefore, the assessee though it described itself as a trading company in ..... therefore, there was no question of estoppel in the case of the assessee for claiming itself to be not a trading company. it is contended that a separate finance act enforced each year provides for charging section separately, and, therefore, each year has to be considered separately.10. the contention has been made with regard to the said ..... a separate case and the principle of res judicata does not apply. reliance was placed on the judgment in the case of m. m. ipoh v. cit : [1968]67itr106(sc) .9. the next contention of learned counsel for the assessee is that out of the three assessment years which are the subject matter of this proceeding, the .....

Commissioner of C. Ex. Vs. Saktigarh Textile Industries Pvt. Ltd.

Court : Kolkata

Reported in : 2005(188)ELT8(Cal)

..... reasons and object: nothing indicated :5. in order to ascertain the intention of the legislature in the process of amendment of section 35h through the finance act, 1999, we had looked into the finance bill, 1999 which does not indicate any reason for such amendment which would lead us to hold that the legislature had intended to circumscribe the ..... the application for condonation of delay in filing the reference.1.1 he drew our attention to section 35h of the central excise act, 1944 and points out that this section 35h was inserted by finance act, 1999 replacing the earlier provisions where the period of limitation was less than the period of limitation provided in the amended provision ..... power to condone the delay which is otherwise available by reason of the provisions of section 4 to 24 of the limitation act, as contemplated under section 29(2) thereof. so far as the finance bill, 2003 is concerned, it would not be of any relevance since it has not brought about any material change in .....

West Bengal Power Development Corporation Ltd. and ors. Vs. Asis Dey C ...

Court : Kolkata

Reported in : [2005(107)FLR70]

..... .6. the learned counsel appearing for the appellants/corporation has urged that no application has been made by the writ petitioners under section 10 of the said act and as such there is no question of abolition of contract labour system under which the writ petitioners are working. the learned counsel further argued that assuming ..... appeal has accepted the position that the writ petitioners are entitled to have their claim for regularisation considered by the appropriate authority under section 10 of the said act.5. the learned judge has considered several judgments in the judgment under appeal but by the time the judgment was rendered by the learned judge, the ..... the first direction, which has been given by the learned judge of the writ court enabling the writ-petitioners to apply to the appropriate authorities under the said act for determination of the question of perennial nature of work performed by them. but, in so far as the second direction is concerned, according to the learned .....

Kamal Sengupta and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2005(2)CHN116

..... no. 148 of 1997, held that the claim of the writ petitioners was bona fide and accordingly allowed the review application. the respondents, and in particular the secretary, finance department, was directed to take necessary steps for extending the benefits of scale no. 19, if not already extended to the writ petitioners, and also to extend the ..... : [1998]2scr1108 .13. it was, however, urged that the facts of this case did not attract the provisions of section 22(3)(f) of the administrative tribunals act which were analogous to the principles embodied in order 47 rule 1 cpc and the review application was, therefore, not maintainable and was liable to be dismissed. mr. mitra ..... may induce the court to change its previous view.11. mr. mitra then urged that the extent of the power of review of tribunals created under the administrative tribunals act, 1985, had fallen for consideration of the hon'ble supreme court in the case of ajit kumar rath v. state of orissa, reported in : air2000sc84 . while .....

Mandira Mookerjee Vs. District Consumer Disputes Redressal Forum and o ...

Court : Kolkata

Reported in : AIR2005Cal108,2005(4)CHN694

..... j., as her lordship then was, being apo no. 498 of 1997 while disagreeing with the decision of delhi high court taking a contrary view in p. n. b. finance ltd. v. shital prasad jain, : [1990]185itr298(delhi) . the apex court had quoted the observation made by hon'ble mrs. ruma pal, j. with approval that ..... air1994sc787 (supra) has given the complete answer to the question before us. we would prefer to quote para 18 thereof :'18. the decision in dhulabhai case : [1968]3scr662 also does not help the appellant. the present ease is not one where the question to be considered is as to the exclusion of jurisdiction of the civil ..... the peculiar facts and circumstances of the particular case, come to the conclusion that the appropriate forum for adjudication of the disputes would be otherwise than those given in the act.'8.4. in secretary, thirumurugan cooperative agricultural credit society : air2004sc448 (supra), the apex court, relying upon the decisions in fair air engineers (p) ltd. : .....

Deputy Commissioner of Income Tax Vs. Venkateswar Investment and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)93ITD177(Kol.)

..... year, the manufacturing or trading company has nominal business income and has substantial interest income, it does not imply that the company's principal business is of finance or granting of loans. similarly, the company, the principal business of which is granting of loans and advances, may earn a comparatively high income from other ..... the asst. yr. 1997-98 is directed against the order of the cit(a). in exercise of the powers vested under section 255(3) of the it act, 1961 (the act), the president of the tribunal, has constituted this special bench to decide the following question arising in the case of the present assessee : "when the ..... the assessee-company during the relevant period is that of granting of loans and advances. what constitutes the "principal business" has not been defined anywhere in the act. therefore, what constitutes principal business will depend on the facts and circumstances of each case. the memorandum of articles of association of the company, past history of .....

Dy. Commissioner of Income-tax Vs. Venkateswar Investment and

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... year, the manufacturing or trading company has nominal business income and has substantial interest income, it does not imply that the company's principal business is of finance or granting of loans. similarly the company, the principal business of which is granting of loans and advances, may earn a comparatively high income from other ..... year 1997-98 is directed against the order of the cit(appeals). in exercise of the powers vested under section 255(3) of the income-tax act, 1961 (the act), the president of the income-tax appellate tribunal (i.t.a.t.), has constituted this special bench to decide the following question arising in the ..... the assessee company during the relevant period is that of granting of loans and advances. what constitutes the "principal business" has not been defined anywhere in the act. therefore, what constitutes principal business will depend on the facts and circumstances of each case. the memorandum of articles of association of the company, past history of .....

Nayek Paper Converters Vs. Asstt. Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)93ITD144(Kol.)

..... a.o. shall pass an order of assessment determining the total income or loss, and the sum payable or refundable to the assessee. by the finance act, 2002, section 143(2) and 143(3) has been amended to introduce a concept of limited scrutiny on and from 1.6.2002 as ..... due to him on the basis of such assessment".12. prior to the amendment in section 143(2) and 143(3) of the act made by the finance act, 2002 w.e.f. 1.6.2002, under procedure of assessment laid down in then existing section 143, the a.o. if ..... of twelve months from the end of the month in which the return is furnished".11. sub-section (3) of section 143 as substituted by the finance act, 2002 w.e.f. 1.6.2002 is as under :- (i) issued under clause (i) of sub-section (2), or as soon afterwards ..... income as provided earlier tinder the provisions of sub-section (1) of section 143 prior to 1.6.1009 has been done away by the finance act, 1999 w.e.f. 1.6.1999.on and from 1.6.1999, the sub-section (1) of section 143 provides that where a .....

income Tax Officer Vs. Kanchan Oil Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)92ITD557Cal

..... 80-ia(7) enacts provisions of overriding nature. section 80-ia(7) is a part of section 80ia, which was newly inserted in the income tax act by the finance (no. 2) act, 1991 w.e.f. 1.4.1991. it starts with the words "notwithstanding anything contained in any other provisions of this ..... act". thus section 80ia(7) has been given an overriding effect over any other provisions of income tax act. in other words, section 80ia(7) provides that its provisions are to prevail over any other provisions of the act ..... computation of the profits and gains derived from eligible industrial undertaking "under section 80ia. according to section 80ia(7), notwithstanding anything contained in any other provision of the act, the profits and gains of an eligible business to which the provisions of sub-section (1) of section 80ia apply shall, for the purpose of determining the .....

Asstt. Commissioner of Income Tax Vs. Poddar Projects Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)92ITD468(Kol.)

..... sub-section (2) of section 32 as substituted by the finance act, 2001 w.e.f. 1.4.2002 has restored the sub-section (2) of section 32 as it stood in the assessment year 1996-97, in other words, the restrictions ..... the head "income from house property". the assessee's this claim was rejected by the a.o. in view of the amended provisions of section 32(2) amended by the finance act, 1996 by observing and saying that the unabsorbed depreciation pertaining to the assessment years 1995-96 and 1996-97 cannot be set off against income under any head other than ..... substituted w.e.f. 1.4.97. in this context, it may be observed that amended section 32(2) as substituted by the finance (no. 2) act, 1996 (w.e.f. 1.4.1997) has been substituted by the finance act, 2001, w.e.f. 1.4.2002 and status quo ante has been restored with effect from a.y. 2002-2003. the new .....