Court : Orissa
Reported in : [2000]246ITR108(Orissa)
..... . nil 3. 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, 1998.4. pursuant to our order dated june 30, 2000, standing counsel for the department has filed two separate charts showing adjustment of payments against ..... .2. the commissioner of income-tax on the basis of a declaration made by the petitioner under section 80 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 .....
Tag this Judgment!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 (in sub-section (2), as originally enacted, the words and brackets ' the amount of income (as determined by the .....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 section 274, as originally enacted with sub-section (2), read as follows :'274.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 : [1988]173ITR425(Orissa)
..... the tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by him, ..... bar. but before i come to the decisions, let me first notice the changes made in the law from time to time.5. chapter xxi of the act deals with the ' imposable penalties '. section 271 of this chapter deals with various situations under which penalties can be imposed and reads as follows :' 271(1). if the income-tax officer or the ..... completed on october 29, 1971. on receipt of certain information from a government department that the assessee had received a sum of rs. 30,516 during the financial year 1970-71 by way of consultation fees from the employees of the central government, the assessment for the period 1971-72 was reopened under section 147 read with section 148 .....
Tag this Judgment!Court : Orissa
Reported in : [1982]50STC211(Orissa)
..... payable under article 244, commences to run gulati, j., speaking for the court observed : under the income-tax act, although the liability to pay tax is cast upon an assessee each year in accordance with the finance act of that year, yet the tax becomes due and payable only when an assessment order is passed and a notice ..... high court in the case of purshottam dayal varshney v. commissioner of income-tax, u.p. : [1974]94itr187(all) . the court was dealing with chapter xix of the income-tax act of 1961, which made provision for refunds. the question that arose for consideration before the allahabad high court was, when an assessment '' is set aside and ..... in o.j.c. no. 199 of 1967 (health stores, buxi bazar, cuttack v. additional commissioner of sales tax, orissa, cuttack) disposed of on 25th march, 1970, where the tribunal had reduced the enhanced figure by the assistant commissioner by a particular sum and had allowed appeals partly and had directed recomputation of tax. the question .....
Tag this Judgment!Court : Orissa
Reported in : [1976]104ITR682(Orissa)
..... or plant installed or the immediately succeedingprevious year, as the case may be.' 7. relief by way of development rebate was introduced for the first time bythe finance act of 1955, and was intended as a fillip to business by permitting assessees to deduct a certain percentage of the actual cost of specifiedcapital assets as revenue expenditure ..... without making any allowance under sub-section (1) or sub-section (1a) of this section or sub-section (1) of section 33a or any deduction under chapter via or section 280o is nil or is less than the full amount of the development rebate calculated at the rate applicable thereto under sub-section (1) or ..... forward to subsequent assessment years for adjustment as and when there was assessable profit and a reserve to satisfy the condition imposed in section 34(3) of the act. the tribunal accepted this contention and required the income-tax officer to compute the development rebate for the purpose of being carried forward.5. learned standing counsel .....
Tag this Judgment!Court : Orissa
Reported in : [1991]190ITR139(Orissa)
..... been made to this court. 5. before the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, section 139(4)(a) which was substituted by the finance act, 1968, with effect from april 1, 1968, and amended by the taxation laws (amendment) act, 1970, with effect from april i, 1971, stood as under :'4 (a) any ..... the tribunal that the decision of the supreme court is no more applicable in view of the amendment made to section 139 by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. according to the departmental representative, the return was not filed either within time provided under section 139 or within such ..... be carried forward. however, section 80 of the act provides that such loss cannot be carried forward in the circumstances indicated therein. it reads as follows :'80. submission of return for losses.--notwithstanding anything contained in this chapter, no loss which has not been determined in pursuance of a return filed under section 139, shall .....
Tag this Judgment!Court : Orissa
Reported in : [1974]93ITR140(Orissa)
..... 13. the next question for consideration is whether the income-tax officer had jurisdiction to levy penalty under section 221(1) of the act before that provision was suitably amended by the taxation laws (amendment) act, 1970, by mentioning the income-tax officer as the authority empowered to impose penalty. the decision of the allahabad high court already referred to ..... in his return the amount of advance tax paid by him and under section 219 of the act: 'any sum, other than a penalty or interest, paid by or recovered from an assessee as advance tax in pursuance of this chapter shall be treated as a payment of tax in respect of the income of the period whichwould ..... law as indicated by the allahabad high court. the income-tax officer under the act is ordinarily the machinery for raising demands--be it by way of tax, penalty or interest. chapter xvii of the act deals with collection and recovery of tax and that chapter has been divided into various heads. one of the subheads ('d') deals with .....
Tag this Judgment!Court : Orissa
Reported in : [1972]84ITR351(Orissa)
..... in the sale price and does not constitute a part of the consideration.11. the definition of 'turnover' prior to its amendment by the orissa sales tax (amendment) act, 1950, (orissa act 24 of 1950), stood thus:' 'turnover' means the aggregate of the amounts of sale prices received and receivable by a dealer in respect of sale or supply of goods ..... which is turned over in the business again and again until the same is paid.20. mr. mohapatra places strong reliance on commissioner of income-tax v. shiv nath prasad, [1970] 77 i.t.r. 378 (all.), in support of his contention that sales tax does not constitute a part of the sale price. this case is wholly distinguishable on ..... .r. 488 (cal.), commissioner of income-tax v. chowringhee sales bureau (p.) ltd., [1969] 71 i.t.r. 131 (cal.) and commissioner of income-tax v. royal boot house, [1970] 75 i.t.r. 507 (cal.)).30. some of these cases may be noticed. the facts in punjab distilling industries ltd. v. commissioner of income-tax may be stated in .....
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 : [1976]104ITR148(Orissa)
..... . under these circumstances, by its letter, dated april 14, 1961, a representation was made by the assessee to the central board of revenue, ministry of finance, government of india, new delhi, requesting the board to direct the income-tax officer concerned to relax the condition for the purpose of assessment for the assessment ..... the supreme court and, therefore, negatived relief to the assessee. after quoting a passage from the judgment of hegde j. from the case in indian overseas bank : [1970]77itr512(sc) , the learned judges of the gujarat high court observed : [1971]80itr1(guj) : 'it is thus clear that according to this interpretation placed upon clause ..... in compliance with section 17 of the banking companies ace was not sufficient compliance with the requirements of creation of development rebate reserve in the income-tax act. there are two observations in the supreme court judgment which have led to differences of opinion between various indian high courts to which we shall refer .....
Tag this Judgment!