Skip to content


Judgment Search Results Home > Cases Phrase: finance act 1970 section 16 amendment of section 80mm Sorted by: recent Court: kolkata Page 1 of about 1,321 results (0.358 seconds)

Jan 17 2014 (HC)

Mukul Chandra Bhattacharyya Vs. Union of India and ors.

Court : Kolkata

..... adopted by the board of directors of the bank with prior approval of government of india and reserve bank of india under section 19(1) of the banking companies (acquisition and transfer of undertakings) act, 1970. necessary notification has also been issued in govt. of india gazette on 29.9.95. the present regulations supersede all our ..... . are two different concepts and the petitioner has attempted to confuse the issue; that in view of communication dated february 19, 2002 of the ministry of finance, government of india, an employee who has not been awarded the benefit of full back wages shall not be entitled to have the period of absence counted ..... in regard to consideration of the cases of reinstated employees at the instance of order of court for the purpose of computing qualifying service for pension, the ministry of finance, govt. of india, department of economic affairs, banking division, (vide their communication dated 19.02.2002) had clarified to all public sector banks, that in case .....

Tag this Judgment!

May 04 1981 (HC)

Birla Vidhya Vihar Trust Vs. Commissioner of Income-tax, Central I

Court : Kolkata

Reported in : (1981)24CTR(Cal)307,[1982]136ITR445(Cal)

..... , 'the income of the previous year of any person' with the purpose of the introduction of sub-section (22a) in section 10 by the finance act, 1970, as explained. in this case the tribunal had emphasised that the trust, which is the assessee, had its objects in the trust deed--objects other ..... 22) any income of a university or other educational institution, existing solely for educational purposes and not for purposes of profit.' 13. sub-section (20a), which was introduced by the finance act of 1970, along with sub-section (22a) are as follows :'(20a) any income of an authority constituted in india by or under any law enacted either for the purpose ..... of a hospital or institution for the reception and treatment of persons. sub-section (22a) along with sub-section (20a) was introduced by the finance act of 1970, and in clause (4), which sought to amend section 10 of the i.t. act, it was explained in the memo of the finance-bill, 1970, as follows :'sub-clause (a) seeks to insert a new clause .....

Tag this Judgment!

Jul 22 1974 (HC)

Board of Trustees for the Improvement of Calcutta Vs. Calcutta Improve ...

Court : Kolkata

Reported in : AIR1975Cal87

..... trust which is a public body functioning for public benefit. section 23 of the land acquisition act is therefore preferred to be amended by omitting sub-section (2) (clause 70 (c)). this is in conformity with other acts and also the recommendation of the local finance enquiry committee.'the above statement clearly indicates that the relevant ..... contended firstly that the award under consideration was made by the tribunal on august 11. 1970 while by the amendment act, xxxii of 1955 which came into force from october 20, 1955, section 23(2) of the land acquisition act was deemed to be omitted therefrom and was not to be taken into consideration in making ..... look into the statement of objects and reasons of the relevant amendment act for incorporating the above provision in the c. i. act. such investigation is permissible in law as observed in jullundur rubber goods manufacturers' association v. union of india, : [1970]2scr68 in following words:'although it may not be permissible to take .....

Tag this Judgment!

Sep 21 2017 (HC)

Sanjay Danchand Ghodawat Vs. Additional Commissioner of Customs (Port) ...

Court : Kolkata

..... then submitted that at the time of filing of the instant writ petition and until the amendment to the proviso to clause (b) of sec. 127a of the customs act by the finance act, 2015 came into effect on 14 may, 2015, a settlement application could be filed in a case where the writ court remanded the matter ..... not include a proceeding referred back to the adjudicating authority for a fresh adjudication by any court, appellate tribunal or any other authority and hence, sec. 127b of the customs act, which provides for application to settlement commission, would not be available to the petitioner. this amendment to the definition of case came into effect on ..... informed that the said noticee is approaching settlement commission, kolkata, after payment of differential duty of rs.25,91,844/-, along with interest under section 127b of the customs act, 1962. they further undertook through the letter that they will produce evidence of payment of differential duty and interest on or before 05-02-13 .....

Tag this Judgment!

Sep 18 2017 (HC)

Lindsay International Pvt. Ltd. and Ors. Vs. Laxmi Niwas Mittal and Or ...

Court : Kolkata

..... grant any relief on a mythical hypothetical agreement. mr.p.chidambaram, the learned senior counsel appearing on behalf of the petitioner submits that the specific relief act, 1963 in section 15(h) has recognised pre-incorporation agreement. a pre-incorporation agreement must be incorporated in the terms of the actual incorporation of the company. the ..... held 75% shareholding in the plaintiff no.1 company through a holding company named benhill finance limited. in august, 2002, benhill finance limited ceased to be a shareholder of the plaintiff no.1 company. the entire shareholding of benhill finance limited in the plaintiff no.1 company was transferred by way of gift to the plaintiff ..... demurrer, the question of jurisdiction had to be determined with advertence to the allegations contained in the statement of claim made by respondent 1 under section 91(1) of the act and those allegations must be taken to be true. in roop lal sathi v. nachhattar singh gill (1982) 3 scc487(scc para24) it .....

Tag this Judgment!

Sep 14 2017 (HC)

Bengal Rowing Club and Anr. Vs. Commissioner of Service Tax, Kolkata a ...

Court : Kolkata

..... a members club is outside the purview of such taxation. the issue as to whether a members club is liable to pay service tax under sections 65, 66 and 67 of the finance act, was considered by the jharkhand high court. in ranchi club limited (supra) it has held that, a members club is not liable to ..... of proprietary club. learned senior advocate for the petitioners draws the attention of the court to sections 66 and 67 of the finance act, 1994 as amended by the finance act, 2008. he submits that, section 66 provides for the charge of service tax. section 67 lays down the valuation of taxable services for charging service tax. he contends that ..... (105) particularly to clause (zzze) thereof. he also draws the attention of the court to the explanation given to section 65(121) and submits that, the explanation also speaks of valuable consideration. relying upon 1970 (26) stc241(joint commercial tax officerversus- young men s indian association).14 vst499(cal) (state of west bengal & ors.-versus- .....

Tag this Judgment!

Sep 11 2017 (HC)

Kanak Projects Limited Vs. Stewarts and Lloyds of India Limited

Court : Kolkata

..... will not be possible to go ahead with the insolvency resolution process outlined in the code. further, the non-obstante clause contained in section 4 of the maharashtra act cannot possibly be held to apply to the central enactment, inasmuch as a matter of constitutional law, the later central enactment being repugnant ..... or rejection of such application, as the case may be. provisions of section 7 appear to be not applicable in the present case because the process is to be initiated by the financal creditor not by the corporate debtor. section 9 deals with application for initiation of corporate insolvency resolution process by operational ..... creditor. the said provision is also not applicable in the present case. section 10 deals with initiation of corporate insolvency resolution process .....

Tag this Judgment!

Sep 06 2017 (HC)

Efcalon Tie Up Pvt. Ltd. Vs. West Bengal Financial Corporation

Court : Kolkata

..... liquidation, the claims of the defendant were not only for money but also against the mortgaged immovable property which was security given to the defendant for all amounts financed by the defendant to the said company before its liquidation. it was a claim secured by immovable property of the value of more than rs.100/- and ..... .party (defendant) shall, therefore, also execute in favour of the second party (plaintiff) a specific irrevocable power of attorney authorizing the second party (plaintiff) to do all acts, deeds and things on behalf of the firs.party (defendant) that the firs.party (defendant) would have done in the matter of pursuing its claims against the company ..... favour of the plaintiff. the memorandum of understanding is drawn on a rs.500/- stamp and has been certified by a notary public. the said mou has been acted upon by both the parties and in furtherance thereof, the appeal preferred by the defendant against the order dated 6th january, 2005, was withdrawn. in terms of .....

Tag this Judgment!

Sep 06 2017 (HC)

The Peerless General Finance and Investment Vs. Commissioner of Income ...

Court : Kolkata

..... applying the ratio of the decisions noted above, it is necessary to evaluate the jurisdictional facts put forth as justification for assumption of jurisdiction under section 148 read with section 147 of the act of 1961 so as to pronounce whether requisite jurisdictional facts exists, in the facts of this case, for the assessing officer to do so ..... officer in his order of assessment. therefore, the authorities are guilty of non-application of mind in putting in such ground in the reasons for invoking section 148 of the act of 1961. learned senior advocate for the petitioner refers to air1961sc372(calcutta discount co.ltd.versus income-tax officer, companies district i, calcutta & anr.).320 ..... order sheet wp no.1952 of 2006 in the high court at calcutta constitutional writ jurisdiction original side the peerless general finance & investment versus commissioner of income tax-i, kolkata & ors.before: the hon'ble justice debangsu basak date : 6th september, 2017. appearance: mr.abhijit chatterjee, .....

Tag this Judgment!

Sep 05 2017 (HC)

Sesa International Limited Vs. Avani Projects and Infrastructure Limit ...

Court : Kolkata

..... reliance has been placed that intervener had raised points which are not raised by the writ petitioner with regard to section 28 of the contract labour regulations and abolition act, 1970 on the ground that the said section confers arbitrary and unguided power and, therefore, violating of articles 14 and 15 of the constitution of india. ..... the name of avani and adone had agreed to sign and execute all such agreements. the said agreement recognized that avani is availing a project finance facility from reliance finance capital ltd.and adone has agreed to join as a coapplicant or as corporate guarantor for obtaining or availing such loan or financial assistance. ..... . subsequently, on 10th october, 2012 a registered deed of mortgage, facility agreement and several other documents in favour of reliance capital limited relating to project finance of rs.250 crores was executed. the creation of charge over the said securities with the registrar of companies was created both by the defendant no.1 .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //