Judgment Search Results Home > Cases Phrase: finance act 1970 section 26 amendment of act 27 of 1957 Court: patna Page 7 of about 201 results (0.263 seconds)

Mohan Mohan and Co. Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... filed the present writ application challenging the order dated january 28, 2003 passed by the additional commissioner, commercial taxes, bihar, patna, in exercise of revisional power under section 46(4) of the bihar finance act, 1981 by which he has rejected the revision application filed by the petitioner on the ground of delay in approaching him.2. in view of the nature of ..... state facts in detail.. suffice it to say that the petitioner is registered under the bihar finance act, 1981, hereinafter referred to as 'the act' and assessment proceeding was initiated and ex parte order of assessment had been passed on january 28, 2000 under section 17(3) of the act for the assessment year 1997-98. the petitioner did not challenge the said order in .....

Harinagar Sugar Mills Ltd. and anr. Vs. the State of Bihar and ors.

Court : Patna

..... any place outside the local area or any place outside the state for consumption : provided that in case of such goods which are liable to tax under section 12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state for consumption, use or sale therein.' (amended provision ..... to which it has the same meaning as assigned to it under the bihar finance act. section 2 (e) of the bihar finance act defines the dealer. however, it is not necessary to reproduce the same for the simple reason that under sub-section (2) of section 3 of the act, the dealer as well as non-dealer both are liable to pay entry tax ..... 2001 (annexure-12). by the amendment a proviso was added to the definition of entry of goods as provided under section 2 (c) of the act. when the goods are liable to tax under section 12 (1) of the bihar finance act, the entry of goods shall mean entry of goods into local area from any place outside the state for consumption, .....

Mukesh Kumar and ors. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... so far as they relate to any matters other than those before the settlement commission.(5) omitted by the finance act, 1987, w.e.f. 1st june, 1987.(6) omitted by the finance act, 1987, w.e.f. 1st june, 1987.(7) the settlement commission shall, subject to the provisions of this chapter, have power to regulate its own procedure and ..... again re-examined and the final order has to be passed after taking into consideration the materials referred to in sub-s. (4) of s. 245d of the act. sec. 245f of the act provides with regard to the powers and procedure of the settlement commission. sub-s. (1) of s. 245f provides that in addition to the powers conferred on ..... filed an appeal before the tribunal. while the appeal was pending the it department filed a complaint against the assessee for the offence under s. 277 of the act and other sections of the ipc with regard to the asst. yr. 1963-64. the appeal was finally decided in favour of the assessee regarding the relevant assessment year and thereafter .....

North Koel Kendu Leaves and Mahulam Leaves, Vs. Union of India (Uoi) a ...

Court : Patna

..... cit : [1986]162itr764(bom) , the question before the bombay high court was whether the assessee was an industrial company within the meaning of section 2(6)(c) of the finance act entitled to the concessional rate of tax. the assessee was a company engaged in export of wool to foreign countries. the assessee after purchasing the ..... [1984]145itr387(cal) the question for consideration before the calcutta high court was whether the assessee-company was an industrial company within the meaning of section 2(7)(c) of the finance act, entitled to the concessional rate of tax. the industrial company included even a company engaged in the manufacture or processing of goods. it was found ..... the storing of goods in the cold storage is not sufficient for holding that the stored articles had undergone a process within the meaning of section 2(7)(c) of the finance act. the observation of the supreme court is as follows (page 660) :'in common parlance, 'processing' is understood as an action which brings .....

B.K. Jaiswal and ors. Vs. State of Bihar and ors.

Court : Patna

..... that connection mr. jain submitted that the amount of sales tax leviable was legally required to be determined in an assessment proceeding held under the provisions of the bihar finance act, 1981 in which the excise commissioner did not come in the picture at all and, therefore, the order issued by the excise commissioner purporting to quantify the sales ..... order issued by the excise commissioner was bound to cause interference in the assessment proceeding that would be held against the petitioners under the provisions of the bihar finance act and would come in their way to try to show and persuade the assessing authority that sales tax was leviable on the cost price of the country liquor, ..... . they also relied upon a bench decision of this court in (1993) 2 p.l.j.r. 555 which was rendered in the context of section 206c of the income-tax act as it was in existence at that time. counsel for the petitioners also relied on a decision of kerala high court in madras rubber factory limited v. .....

Sunderdas Haridas Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD89(Pat.)

..... (a) "non-resident indian" and "foreign exchange asset" shall have the meanings assigned to them in chapter xii-a;" clause (iia) of section 204 was inserted w.e.f. 1-6-1986 by finance act, 1986. the reserve bank of india has given an elaborate circular dated 11-2-1987 for the computation of long-term capital gains of an ..... for exemption of encashment of leave on retirement from service from inclusion in the assessee's total income, was inserted into section 10 to be effective from april 1, 1978, by the finance act, 1982, no consequential amendment of section 17(3)(ii) was made. that demonstrates the intention of parliament to the effect that all categories of payment by ..... is served by restricting the facility of easy remittance of sale proceeds only to long-term capital gains as is done under section 204.7. part-ii of the first schedule to the relevant finance act stipulates the rates at which the tax is to be deducted at source from income subject to such deduction under the provisions of .....

National Building Construction Corporation Limited Vs. State of Bihar ...

Court : Patna

..... w.j.c. no. 878/97(r)] and analogous cases, provisions of section 25-a of the bihar finance act, 1981 and other related provisions have been declared to be ultra vires. it is thus plain that this writ petition is squarely covered by the said decision.3 ..... sachida nand jha and gurusharan sharma, jj 1. this writ petition has been filed on behalf of a government company challenging the vires of section 25-a of the bihar finance act, 1981.2. by judgment and order dated july 19, 1999 reported in [2000] 117 stc 41 (pat). in the ease of larsen and toubro ltd. v. state of bihar [c. ..... allowed, all actions and things taken/ done under the impugned provisions are held to be bad. the petitioner is held entitled to interest on the amount collected under section 25-a of the act at 10 per cent per annum. it will be open to the petitioner to apply for refund/ adjustment which shall be made within 12 weeks of the application .....

Narayan Prasad Kotriwal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1994)50ITD539(Pat.)

..... account of enhancement of compensation by different courts often results in mistakes of computation of tax. 24.6 with a view to removing these difficulties, the finance act, 1987, has inserted a new sub-section (5) in section 45 to provide for taxation of additional compensation in the year of receipt instead of in the year of transfer of the capital asset. the additional ..... . the facts were already on record, having been informed by the assessee in the covering letter. therefore, even the provisions of section 147(b) cannot apply.7. the departmental authorities have referred to section 45(5) of the act. this sub-section along with the explanation thereto was introduced by the finance act, 1987, with effect from the assessment year 1988-89.prtma facie therefore the .....

Abdul Rauf and Others Vs. the State of Bihar

Court : Patna

..... with an intent of endangering human life or causing danger to any property. the other most important aspect of the application of the provisions of sections 3 and 4 of the act is that the act of detonating an explosion has to be with a particular purpose, that is to say, that it should be with a purpose which is unlawful ..... so and that too at the house of one dr. rahman. the other witness p.w. 6 was tendering the sanction order passed by the district magistrate under section 7 of the act in evidence. the sanction order for prosecuting the three appellants was marked ext. 2. ram lal singh (p.w. 7) had identified the writings and signatures of ..... of suffering imprisonment in case of making default in payment of fine, appears passed only as part of the sentencing order in respect of conviction of the appellants under section 4 of the act. the appellants have chosen to challenge the impugned judgment of conviction and order of sentence through the present appeal. 2. binda yadav (p.w. 2) gave his .....

B.T. Hirani Vs. State of Bihar and ors.

Court : Patna

..... rules, 1983 by which the petitioner deposited the amount of tax which was deducted from the petitioner's running bills under the provisions of section 25-a of the bihar finance act, 1981 with respect to works contract executed by the petitioner during the aforesaid period. in the alternative, the petitioner has prayed for direction, ..... ccl and file along with the returns.3. petitioner's case is that it is a registered dealer as works contractor under the bihar finance act (hereinafter referred to as the act) and has been executing civil works at different collieries of respondent-ccl. during the aforementioned financial years, the petitioner is said to ..... have executed works contract and different amounts were deducted by the respondent concerned under the provisions of section 25-a of the act. petitioner is said to have filed several petitions before the respondent-concerned-ccl for issuance of tax deduction certificates in the prescribed form but .....