Court : Orissa
Reported in : 74(1992)CLT202; [1992]197ITR344(Orissa)
..... is not very material for us. sub-section (2) of section 274 of the act was amended by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. there was a further change in section 271(1)(c) in clause (iii) by the finance act, 1968, with effect from april 1, 1968. prior to the amendment, the ..... of rupees one thousand, the income-tax officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.' 8. (in sub-section (2), as originally enacted, the words and brackets ' the amount of income (as determined by the ..... was omitted by the said amendment act with effect from april 1, 1976, and the inspecting assistant commissioner had no jurisdiction to deal with the matter imposing penalty. section 274, as originally enacted with sub-section (2), read as follows :'274. procedure.-- (1) no order imposing a penalty under this chapter shall be made unless the assessee .....
Tag this Judgment!Court : Orissa
Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)
..... 1, 1975. there have been substitutions and insertions by the finance act, 1979, with effect from april 1, 1980 ; the finance act, 1981, with effect from april 1, 1982. the original explanation which was inserted by the finance act, 1970, with effect from april 1, 1966, was omitted by the finance act, 1974, with effect from april 1, 1975. a new explanation ..... making any deduction under the aforesaid provision and chapter via.' (underlining * by us for emphasis) 5. before the amendment, obviously, the deduction under the provision, i.e., section 36(1)(viii), was not to ..... carried to a special reserve. under the existing provisions, the total income for this purpose is the total income as computed before making any deduction under chapter via. it is proposed to provide that the deduction shall be for an amount not exceeding 40 per cent, of the total income as computed before .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made' ..... , in fact, there was a transfer or not on which collateral fact the competent authority would assume jurisdiction under chapter xx-a.10. there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under ..... taken away. since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine the validity of an order in the acquisition proceedings under chapter xxa of the income-tax act, the civil court will have the jurisdiction to decide .....
Tag this Judgment!Court : Orissa
Reported in : [1974]96ITR133(Orissa)
..... servant in respect of such matters relating to such class of assesses or except to such authorities as may be specified in the order '6. this section after amendment by finance act of 1964 reads thus :'138(1)(a) the board or any other income-tax authority specified by it by a general or special order in this behalf may furnish or ..... ) all particulars contained in any statement made, return furnished or accounts or documents produced under the provisions of this act, or in any evidence given, or affidavit or deposition made, in the course of any proceedings under this act other than proceedings under this chapter, or in any record of any assessment proceeding, or any proceeding relating to the recovery of a demand .....
Tag this Judgment!Court : Orissa
Reported in : [1972]86ITR408(Orissa)
..... auditor appointed by the state government. a copy of the audited accounts together with the auditors report shall be published in the gazette.chapter viii of the regulations deals with the finances of the board.it would thus be seen that by varous statutory provisions the board. fund is controlled and utilised for the purpose ..... recommending any book as a text book or a handbook and to undertaken compilation and publication of such books;(d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or quesiton papers and of persons connected with an examination of the board;(e) to ..... filed under articles 226 and 227 of the constitution for issue of an appropriate writ for quashing the aforesaid notices and the proceeding under the income-tax act initiated against the petitioner.the sole question for consideration is whether the income of the petitioner is exempt from income-tax.the exemption is claimed under section .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT148
..... auditor appointed by the state government. a copy of the audited accounts together with the auditor's report shall be published in the gazette.chapter viii of the regulations deals with the finances of the board. 17. it would thus be seen that by various statutory provisions the board fund is controlled and utilised for the ..... of education. the income of the board cannot, therefore, be computed in the total income of the previous year under section 10(22) of the income-tax act, 1961. the opposite party exercised his jurisdiction illegally in issuing the aforesaid notices which are liable to be quashed. mr. misra very seriously contended that at this ..... and recommending any book as a text book or a handbook and to undertake compilation and publication of such books ; (d) to make regulations for imposing penalties, for acts of misconduct of students, teachers, examiners, examinees, printers of text-books or question papers and of persons connected with an examination of the board ; (e) to .....
Tag this Judgment!Court : Orissa
Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)
..... limited scope asit originally stood and is limited to disclosure of information in respect of the tax payable. the finance act, 1964 (act v of 1964), by chapter xiii omitted section 137 of th'e 1961 act and by section 33 substituted section 138 by a new section which contained two sub-sections. the first sub- ..... that sub-section on courts is maintained. the prohibition against any public servant disclosing certain particulars also has disappeared. the position, therefore, is that after the finance act, 1964, has come into force, no particulars contained in any document whatever filed or produced during assessment proceedings are confidential and the bar on courts from ..... any statement made, return furnished, or accounts or documents produced under the provisions of that act, or in any evidence given or affidavit or deposition made, in the course of any proceeding under the said act, except under chapter viii or in any record of any assessment proceeding should be treated as confidential. the .....
Tag this Judgment!Court : Orissa
Reported in : [2003]116CompCas557(Orissa); [2003]262ITR553(Orissa)
..... 11, 1981. the amalgamation was to be effective from january 1, 1979. in the chapter dealing with aggregation of income and set-off or carry forward of loss in the income-tax act, section 72a was introduced by the finance (no. 2) act, 1977, with effect from april 1, 1978. that provided for carrying forward and ..... the specified authority praying that the scheme of amalgamation be recommended to the central government so that the grant of benefit under section 72a(1) of the act could be considered by the central government. the authority concerned rejected the application. the amalgamated company, the petitioner, had made a further submission and had ..... company court on december 11, 1981, the petitioner, the amalgamated company, on january 15, 1982, made a formal application under section 72a(1) of the act. that application was not recommended by the specified authority. by communication dated may 6, 1983, the concerned authority informed the petitioner that the amalgamation of kalinga tubes .....
Tag this Judgment!Court : Orissa
Reported in : [1972]85ITR342(Orissa)
..... . . .' 6. there was a similar provision in section 54 of the indian income-tax act, 1922. but, as it appears, by the finance act of 1964 the provisions of section 137 have been omitted with effect from april 1, 1964. by the same act, section 138 was recast and ran to the following effect :'(1)(a) the board or any ..... defendant no. 2, who is the petitioner in this court, but orders were passed calling upon the income-tax officer to produce the records. on july 9, 1970, the documents were produced by an inspector of the income-tax department. at that point the objection was raised by the defendants about the legality of the order ..... particulars contained in any statement made return furnished or accounts or documents produced under the provisions of this act, or in any evidence given, or affidavit or deposition made in the course of any proceedings under this act, other than proceedings under chapter xxii, or in any record of any assessment proceeding, or any proceeding relating to recovery of .....
Tag this Judgment!Court : Orissa
Reported in : [2001]246ITR108(Orissa)
..... : rs. nil the petitioner assails the validity of the said determination on the ground, inter alia, that it is contrary to section 88 occurring in chapter iv (kar vivad samadhan scheme, 1998) of the finance (no. 2) act, 1998.pursuant to our order dated 30-6-2000, standing counsel for the, department has filed two separate charts showing adjustment of payments against arrear ..... for the parties,2. the commissioner on the basis of a declaration made by the petitioner under section 88 of the finance (no. 2) act, 1998, has determined a sum of rs. 75,000 under section 90(1) of the aforesaid act towards the full and final settlement of her tax arrear covered by the said declaration under the kar vivad samadhan scheme .....
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