Judgment Search Results Home > Cases Phrase: finance act 1976 section 25 amendment of ninth schedule Court: orissa Page 4 of about 70 results (0.168 seconds)

Hi-tek Powercon Pvt. Ltd. Vs. the Asst. Commissioner of Commissioner T ...

Court : Orissa

Reported in : 103(2007)CLT658; (2008)14VST379(Orissa)

..... in the industrial policy itself. in this view of the matter, the court held that any notification issued by the govt. order in exercise of the powers under section 7 of the bihar finance act, 1981, if it would be found to be repugnant to the industrial policy declared in a govt. resolution, then the notification must be held to be bad ..... by notification no. sro 932/2002 dated 12.11.2002 issued under section 6 of the orissa sales tax act, 1947 (annexure-17) amended item no. (ii) of the third proviso to clause 3 of entry 43-a of its notification dated 23.4.1976, which provided that the period of exemption for all priority industries would be extended by two additional ..... years and there would be no maximum limit on such exemption during the eligibility period. the sales tax officer on 27.11.2002 passed the orders of assessment for the year 2001-2002 under the o.s.t. act and c .....

State of Orissa and ors. Vs. Kambhupani Mohapatra

Court : Orissa

Reported in : 2006(I)OLR784

..... lordships' order dated 13.8.1985 with 10% interest per annum. thereafter on 29.2.1988 the opposite party filed an application under section 33(c)(2) of the industrial dispute act, 1977 for identifying as one of the beneficiaries of the award. on 2.8.1989 the presiding officer, labour court, sambalpur identified the ..... of the instant opposite party by the government, instructions to allow him central government scale of pay in the post of worksarkar duly concurred in by finance department, was conveyed to the concerned superintending engineer for implementation in this department letter no. 27708 dated 10.11.95 and it appeared that the concerned ..... it was specifically mentioned in the said order of the state government that direction to make payment as mentioned above, were passed with the concurrence of the finance department.3. the superintending engineer as well as the executive engineer concerned, did not make compliance of the above directions of the government and ultimately opposite .....

Crown Re-rollers Pvt. Ltd. Vs. the Orissa State Financial Corporation ...

Court : Orissa

Reported in : AIR2005Ori92

..... that law is well settled that the financial corporation being a statutory and public authority must act fairly and reasonably while taking over an industrial concern financed by it and selling the properties of such industrial concern under section 29 of the act. in support of this submission he relied oh the decisions of the supreme court in kasturi ..... excess of the amounts recovered towards the dues out of the sale of the properties of the petitioner and, if so, when. section 29(4) of the act and section 69(4) of the transfer of property act, 1882 on which great reliance has been placed by mr. mohanty, learned counsel for the petitioner, are quoted hereinbelow :-'29. ..... , mortgaged, hypothecated or assigned to it but any amount of interest so recovered will also be 'money received' by the financial corporation in terms of section 29(4) of the act and, accordingly, will have to be held in trust to be applied firstly in payment of costs, charges and expenses and, secondly, in the discharge .....

Chakradhar Patel Vs. Samasingha Service Co-operative Society Ltd. and ...

Court : Orissa

Reported in : AIR1982Ori38; 53(1982)CLT57; (1982)ILLJ381Ori

..... office at samasingha within the district of sambalpur. petitioner was appointed as secretary of the said society and was an officer within the meaning of section 2 (g) of the act on 19-11-1978 the president of the society (opposite party no. 2) suspended the petitioner from service and directed him to hand over ..... in the country are carried out in a responsible manner.' in the case of executive committee of vaishdegree college, shamli v. lakshmi narain, air 1976 sc 888, a three-judge bench was considering a claim to protection of service in a college which was a society registered under the relevant co-operative societies ..... society does not have astatutory character like the oil and natural gas commission, or the life insurance corporation or industrial finance corporation. it is a society incorporated in accordance with the provisions of the societies registration act. the fact that the prime minister is the president or that the government appoints nominees to the governing body or .....

Prajatantra Prachar Samity Vs. Commissioner of Income-tax

Court : Orissa

Reported in : (2004)186CTR(Ori)96; [2003]264ITR160(Orissa); 2003(I)OLR392

..... of the commissioner's order dated november 28, 1988. while considering the matter, the tribunal will also keep in view the provision of section 11(4a) of the act which came to be inserted by the finance act, 1983, with effect from april 1, 1984.12. in the result, we answer question no. (3) in favour of the assessee ..... the income-tax (appellate) tribunal, cuttack bench, cuttack, which by order dated january 19, 1990, dismissed the appeal. thereafter, the assessee made an application under section 254(2) of the act for rectification of the order dated january 19, 1990, and the tribunal by its order dated december 13, 1990, held that 'both legal principles and judicial ..... this court in cit v. jagabandhu roul : [1984]145itr153(orissa) after taking notice of an earlier decision of this court in the case of cit v. dhadi sahu : [1976]105itr56(orissa) and the decisions of the bombay, madras, madhya pradesh and calcutta high courts held that (page 157) : 'the tribunal does not have a power of review. .....

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

..... in rajesh kumar case (supra) and reaffirmed in sahara india (firm) case (supra) has no application to the present case. by finance act, 2007 with effect from 01.06.2007 proviso has been inserted to section 142(2a) to the effect that the assessing officer shall not direct the assessee to get the accounts so audited unless the assessee has ..... and reasons recorded for approving the same. this is certainly unfair.another important aspect of the case is that under sub-section (3) of section 133a of the i.t. act only an income tax authority acting under said section can retain in his custody the impounded books of account and other documents beyond ten days from the date of impounding ..... language employed in a statute is the determinative factor of legislative intent.the hon'ble apex court in hukum chand shyam lal v. union of india and ors. : [1976]2scr1060 , held that where a power is required to be exercised by a certain authority in a certain way, it should be exercised in that manner or not at .....

Kailash Chandra Mahesh Kumar Vs. Commissioner of Income-tax

Court : Orissa

Reported in : [1976]104ITR64(Orissa)

..... been settled in this court in the case of commissioner of income-tax v. k.c. behera : [1976]103itr479(orissa) . before amendment was brought to the provision by the finance act of 1968, sub-clause (iii) of section 271(1)(c) of the act provided :'in the cases referred to in clause (c), in addition to any tax payable by him, a ..... of the tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income.'5. by the finance act of 1968, the upper limit of penalty has now been fixed at twice the amount of income in respect of which the particulars have been concealed or inaccurate particulars ..... us by learned standing counsel, was completed on december 8, 1967, and along with the assessment, the income-tax officer directed initiation of a proceeding under section 271(1)(c) of the act. the satisfaction of the income-tax officer for imposition of penalty was thus reached in december, 1967, and he reported the matter to the inspecting assistant .....

Digambar Bhuyan Vs. Nityananda Sahoo and ors.

Court : Orissa

Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)

..... the old section 138. sub-section (2) entrusts the central government with the power to direct by ..... additional exceptions mentioned therein. section 138 (1961 act) is of 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-section is practically the same as .....

Srei International Finance Ltd. Vs. State of Orissa and ors.

Court : Orissa

Reported in : (2008)106CALLT192(NULL)

..... case of goods and there is no concept of bailment of immovable property. further case of the revenue is that, provisions of explanation (a) to section 2(g) of ost act will operate only, where the transfer of right to use took place inside orissa. hence, the said provision is not required to be declared ultra vires ..... their manufacture outside the state and the customer also placed an order for supply in anticipation of confirmation by the appellant. the manufacturer raised invoices against itc classic finance showing the customer as the consignee. the claim of itc was that since the goods moved outside the state as a result of lease agreement, the transaction ..... itc classic's, case (supra) and the judgment of the consandhra pradesh general sales titution bench of the hon'ble supreme court in the case of 20th century finance corporation's case (supra) squarely cover the case of the petitioner. the learned counsel urged that the transaction in question has taken place, long before the amendment .....

M/S.Vishal Metalics. Vs. State of Orissa and ors.

Court : Orissa

..... and 'furnace oil', on the basis of the impugned notification issued under section 20(8), clause(m) of the orissa value added tax act, 2004 ( here-in- after referred to as "ovat act") on the ground that the ovat act does not vest in the finance department of the government of orissa with the necessary authority in law for ..... other words, learned counsel submitted that the notification issued by the finance department purportedly in exercise of its power under clause (m) of sub- section (8) of section 20 of the vat act is clearly beyond the authority and/or competence of the executive i.e. finance department. learned counsel further submitted that in the present case the ..... 96, cuttack, tuesday, january 27, 2009/ magha 7, 1930 finance department notification the 27th january 2009 s.r.o. no.34/2009-in exercise of the powers conferred by clause (m) of sub-section (8) of section 20 of the orissa value added tax act, 2004 (orissa act 4 of 2005), the state government, having been satisfied that it .....