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Judgment Search Results Home > Cases Phrase: finance act 1968 Sorted by: recent Court: kolkata Year: 2008 Page 1 of about 97 results (0.056 seconds)

Mar 07 2008 (TRI)

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

Court : Income Tax Appellate Tribunal ITAT Kolkata

Decided on : Mar-07-2008

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( .....

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Jun 19 2008 (HC)

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

Court : Kolkata

Decided on : Jun-19-2008

..... 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 .....

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Dec 18 2008 (HC)

G.E. Capital Transportation Financial Services Ltd. Vs. Sourav Dey

Court : Kolkata

Decided on : Dec-18-2008

..... the vehicle being no. wb-15a-3721 and for the purchase of the said vehicle, he approached the defendant for providing financial help and accordingly, the defendant financed the said vehicle and delivered the chassis to the plaintiff.(b) the defendant took signatures of the plaintiff on various blank papers, printed forms and printed papers ..... civil court for avoiding the said agreement.13. the court below itself having converted the civil suit into one under section 9 of the arbitration and conciliation act, it necessarily follows that the learned trial judge accepted the position that the respondent was no longer disputing the existence of a valid arbitration clause and thus, ..... appearance and filed an application under sections 5 and 8 of the arbitration and conciliation act thereby praying for stay of all further proceedings of the suit on the ground that by virtue of a written agreement between the total amount financed by the plaintiff for the chassis was rs. 10,20,000/- and the total .....

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Nov 21 2008 (HC)

Anupam Talukdar Vs. Smt. Piyali Talukdar

Court : Kolkata

Decided on : Nov-21-2008

Reported in : 2009CriLJ1846

..... final disposal of the application. in taking this view we have also taken note of the provisions of section 7(2)(a) of the family court act, 1984 (act no. 66 of 1984) passed recently by parliament proposing to transfer the jurisdiction exercisable by magistrates under section 125 of the code to the family court ..... consideration of proof which is understood in terms of the law applicable, either by oral or documentary evidence as provided under different sections in the indian evidence act, 1872.34. refuting the argument advanced by learned advocate for the petitioner, learned advocate for the opposite party has referred to the following decisions:1. jnan ..... party herein left her matrimonial home on 1st november, 2001 along with her child. petitioner herein initiated a proceeding under the provisions of hindu minority and guardianship act, 1956 for the custody of the child. in the said proceeding, parties entered into an amicable settlement and subsequently the matter was decided by the learned .....

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Nov 06 2008 (HC)

B.L.B. Limited Vs. the Calcutta Stock Exchange Association Ltd.

Court : Kolkata

Decided on : Nov-06-2008

Reported in : (2008)4CALLT504(HC)

..... thereof is quite maintainable, if the application is accompanied by a xerox of the agreement containing the arbitration clause, mr. sen, counsel for the defendant, has relied on itc classic finance ltd. v. grapco mining and co. ltd. and anr. : air1997cal397 , and bharat sewa sansthan v. u.p. electronics corporation ltd. (2007) 7 scc 737. his submission ..... certified copy thereof is being filed along with the application. therefore, there was a clear non-compliance with sub-section (2) of section 8 of the 1996 act which is a mandatory provision and the dispute could not have been referred to arbitration. learned counsel for the respondent has submitted that a copy of the partnership deed ..... was on the record of the case. however, in order to satisfy the requirement of sub-section (2) of section 8 of the act, defendant 3 should have filed the original arbitration agreement or a duly certified copy thereof along with the petition filed by him on 28.2.2005, which he .....

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Sep 26 2008 (HC)

P.G. and Sawoo P. Ltd. and anr. Vs. Assistant Commissioner of Income-t ...

Court : Kolkata

Decided on : Sep-26-2008

Reported in : (2008)221CTR(Cal)36,[2008]307ITR243(Cal),[2009]176TAXMAN326(Cal)

..... to note that the principle decided in hope (india) ltd.'s case : [1999]238itr740(cal) has been accepted by parliament when parliament introduced section 25b by the finance act of 2000 with effect from april 1, 2001, relevant to the assessment year 2000-01. as a result of the introduction of section 25b with effect from april ..... from house property' and accordingly charged to income-tax as the income of that previous year in which such rent is received. memorandum explaining the provisions in the finance bill of 2000 has been set out in [2000] 242 itr33. the memorandum sets out the object for which the said new section 25b was introduced which ..... intimation was duly sent to the assessee. thereafter the assistant commissioner of income-tax after recording the reasons issued the notice under section 147 of the said act. the reasons which were stated are as follows:reasons recorded for initiating proceeding under section 147. the assessee company in deriving its income mainly from house property .....

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Sep 25 2008 (TRI)

Kwality Ice Creams (India) (P.) Ltd., in Re

Court : Company Law Board CLB Kolkata

Decided on : Sep-25-2008

Reported in : 2009(148)CC631; 2009(91)SCL231(CLB-KOL.)

..... 24-9-2004. an application filed by the company seeking extension of time in filing the petition, is allowed. 2. initially, director, economic offences investigation cell, finance department, government of west bengal, vide his letters dated 8-7-2005, had raised certain queries in respect of the company regarding non-payment of sales tax/profession ..... the situation clause in the memorandum of association of the above named petitioner company proposed by the special resolution passed in accordance with section 189 of the companies act, 1956, at its annual general meeting held on 24-9-2004, (which special resolution is set forth in the schedule hereto) is hereby confirmed. schedule ..... bench which is not the proper forum to entertain and adjudicate such wrongful claims of the ex-employees in the instant proceedings under section 17 of the act. apart from this, the company is defending the said court cases and pending litigation cannot be a plausible ground which stands in the way of confirming .....

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Sep 02 2008 (HC)

Contai Co-operative Bank Ltd. Vs. Uday Chandra Dey

Court : Kolkata

Decided on : Sep-02-2008

Reported in : (2008)4CALLT353(HC)

..... of a cooperative society, whether surety is or is not a member of the cooperative society; ord) any other co-operative society or any person including any financing bank having transaction with a cooperative society or any liquidator of a co-operative society.12. thus in terms of section 95(1)(d) any dispute concerning the ..... any person including any financier bank having transaction with a cooperative society' comes within the purview of section 95(1)(d) of the west bengal co-operative societies act, 1983. in anjan chowdhury v. anandaneer co-operative registrar housing society and ors. reported in air 1993 cal 380 a special bench of this court has elucidated ..... contrary to the agreement. therefore where the parties have agreed to stipulating repossession of the vehicle by the financier in the event of the borrower failing to act in terms of the agreement, the financier can repossess the vehicle. a suit for permanent injunction to restrain the bank from taking repossession of the vehicle is .....

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Aug 19 2008 (HC)

Shiv Kumar Poddar Vs. Commissioner of Income Tax and anr.

Court : Kolkata

Decided on : Aug-19-2008

Reported in : 2008(4)CHN926

..... 1st april, 1989.4. it is also the contention of the id. advocate for the petitioner that a new section being section 27id came into force by the finance act, 1990 with effect from 1st april, 1990 whereby the penalty for failure to comply with the provisions of section 269ss is stipulated. the said section runs as follows:[( ..... for the violation of section 269ss, no criminal prosecution can be instituted. the position as highlighted above has been approved by the supreme court in the case of general finance co. and anr. (supra).7. in view of my above discussion it is clear that further continuation of the proceeding against the petitioner being complaint case no. ..... imposed by the deputy commissioner.]5. in support of his contention the id. advocate for the petitioner referred to the decision of the supreme court in the case of general finance co. and anr. v. assistant commissioner of income tax, punjab reported in : [2002]257itr338(sc) . in this case the supreme court dealt with the scope of .....

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Aug 06 2008 (HC)

Punjab National Bank Vs. Bengal Potteries Ltd. (In Liqn) and ors.

Court : Kolkata

Decided on : Aug-06-2008

Reported in : 2008(4)CHN727

..... provisions) act, 1985 (1 of 1986) and the small industries development bank of ..... effect. however, sub-section (2) further provides that the act of 1993 shall be in addition to, and not in derogation of. the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984), the sick industrial companies (special .....

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