Judgment Search Results Home > Cases Phrase: finance act 1978 chapter i preliminary Court: kolkata Page 1 of about 338 results (0.505 seconds)

Simplex Infrastructures Ltd. Vs. Commissioner of Service Tax, Kolkata

Court : Kolkata

..... or short payment of the service tax is by reason of fraud or collusion or wilful misstatement or suppression of facts or contravention of any of the provisions of chapter 1 of the finance act, 1994 or the rules made thereunder with intent to evade payment of service tax, by the person chargeable with the service tax. (53) in the instant case the ..... law. in this connection one may refer to the decision of the hon ble supreme court in the case of orient paper mills ltd.-vs.union of india reported in 1978 (2) elt j345. (75) in view of the aforesaid, it is not necessary for me to deal with the other grounds of challenge to the impugned show cause notice agitated ..... has been laid down by the hon ble supreme court in the case of j.steel-vs.-union of india reported in 1978 (2) elt j335 and also in the case of sanjana-vs.elphinestone spinning & weaving mills reported in 1978 (2) elt j399. (30) the petitioner is guilty of suppression of facts. in its reply dated 24th may, 2006, the petitioner .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... chandrachud, j. and gupta, j., the chief justice (as he then was) examined in detail the provisions of oil and natural gas commission act, 1959, the life insurance corporation act, 1956 and the industrial finance corporation act, 1948. in ascertaining the correct test his lordship referred to various decisions including the following : c. farnandez v. state of mysore : [1967 ..... 31. every officer or other employee of the corporation or of an acquiring company shall be deemed to be a public servant for the purpose of chapter ix of the indian penal code.section 32. every officer of the central government and every officer or other employee of the corporation and of any ..... the same cannot be enforced in this proceeding. in support of the same reliance has been placed on the following decisions : ramesh prasad v. state of bihar : (1978)illj197sc and state of jammu and kashmir v. t.n. khosla : (1974)illj121sc .7. the next preliminary point by way of maintainability of this application, as raised .....

Ambika Nahar Exports and anr. Vs. Commissioner of Customs (Port) and o ...

Court : Kolkata

Reported in : 2007(3)CHN625

..... explanation.-for the purposes of this sub-section, 'order passed under section 128a includes an order passed under that section before the commencement of section 40 of the finance act, 1984, against when an appeal has not been preferred before such commencement and could have been, if the said section had not come into force, preferred after ..... the time limit specified in section 28.section 129e. deposit, pending appeal, of duty and interest demanded or penalty levied.-where in any appeal under this chapter, the decision or order appealed against relates to any duty and interest demanded in respect of goods which are not under the control of the customs authorities ..... such destination if goods unloaded at such destination are short of the quantity required to be unloaded at that destination;(c) payment of drawback as provided in chapter x, and the rules made thereunder:-provided further that the appellate tribunal may, in its discretion, refuse to admit an appeal in respect of an order .....

State Bank of India Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1983)6ITD225(Kol.)

..... the amended law stood during the assessment year and the ito did not allow deduction correctly under section 80m. sections 80aa and 80ab were introduced in chapter via by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968 and 1-4-1981. it has been stated earlier that for reopening the assessment under section 147(b ..... allowed by the iac on the gross dividend.the commissioner (appeals) took into consideration the supreme court decision in cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84 and came to the conclusion that deduction under section 80m could not be allowed on the gross amount. he found that the bank charges 12 paise ..... amounts kept in suspense account under the heads interest, commission, etc., would not be assessable to tax. he further urged that the circular of 1952 was withdrawn only in 1978. therefore, the circular was in existence during the assessment years 1972-73 and 1975-76. the kerala high court in cit v. b.m. edward, india sea foods .....

Sen-Raleigh Ltd. Vs. Employees' State Insurance Corporation and Ors.

Court : Kolkata

Reported in : AIR1977Cal165,[1977(34)FLR292]

..... is a valid notice in view of the amended definition of section 2 (9) and the various notifications referred to above which brought into operation different chapters of the act in different areas in india.15. the result is that this application is dismissed. all interim orders, if any, are vacated. there will be no ..... was made on the 31st august, 1948. as we have pointed out in our aforesaid judgment sub-section (3) of section 1 in chapter i of the act provides that the act shall come into force on such date or dates as the central government may, by notification in the official gazette, appoint, and different dates ..... factories.4. this shows that on the 1st september, 1948, chapters i, ii, iii and viii of the act became applicable to all factories throughout india irrespective of location. the headings of these chapters respectively are (a) preliminary, (b) corporation, standing committee, and medical benefit council (c) finance and audit and (d) miscellaneous. sections 44 and 45 (employers .....

income-tax Officer Vs. General Investment Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)29ITD1(Kol.)

..... .2. after completion of the original assessments for the assessment years 1977-78 and 1978-79, section 80aa came to be inserted by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968 in the income-tax act, 1961 (for brevity the act) which in substance provides that deduction allowable to a company under section 80m should ..... with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to the gross amount of such dividends.acting on the basis of section 80aa, the income-tax officer sought to rectify the assessments made for these two ..... the rectification order in a writ petition in the high court. the high court set aside the order by holding that whether the retrospectivity given by the finance act would cover completed assessments or would apply to pending assessments was a debatable point and since it was a debatable point, there could not be said to .....

Sree Sridhar Jieu and ors. Vs. Corporation of Calcutta and ors.

Court : Kolkata

Reported in : AIR1959Cal320,63CWN238

..... corporation will nave to carry out, the legislature went on to provide for the collection of the necessary finance which is the sine qua non for carrying out any purpose. the fourth part of the act is headed, 'taxation.' while chapters xii, xiii, xiv, xv and xvi of this part contain provisions for taxes on other things and ..... animals, chapter xi is solely concerned with the imposition of consolidated rate on lands and buildings. this chapter which starts with section 165 and ends with section ..... further that 'the commissioner shall value them, on amalgamation, after assigning to them one or more numbers, as the case may be, for the purposes of this chapter,' the legislature is authorising the commissioner to give effect to the intention of the owner and to treat them as one or more premises in accordance with the .....

Mahabir Prasad Jalan and ors. Vs. Bajrang Prasad Jalan and ors.

Court : Kolkata

Reported in : [2000]102CompCas81(Cal),(1999)2CompLJ72(Cal)

..... which are no longer continuing wrongs or giving compensation to the company or the aggrieved shareholders in respect of such transactions.'57. in hanuman prosad verma v. stock and finance ltd, [1985] 58. comp cas 338 (cal), the court was concerned with absolutely a different situation. it lays down that an application under section 406 read with ..... this expression has not been defined in the'code. but from the scheme of the code, the content and marginal heading of section 190 and the caption of chapter xiv under which sections 190 to 199 occur, it is clear that a case can be said to be instituted in a court only when the court takes ..... akshay nidhi ltd. (company petition no. 447 of 1990). the applicants respondents herein filed an application on february 12, 1990, under section 397/398 of the companies act, 1956, for certain reliefs against the appellants and other respondents. upon completion of exchange of affidavits the parties addressed the learned trial judge on the merits of the said .....

G.A. Renderian Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : (1983)32CTR(Cal)318,[1984]145ITR387(Cal)

..... was in error in basing its conclusion on the facts found by it indetermining whether the assessee was an industrial company in terms of section 2(7)(c) of the finance act, 1978. we would, therefore, answer the question in the affirmative and in favour of the assessee. in the facts and circumstances of the case, the parties will pay ..... in the course of its assessment had claimed that by carrying on the above business it was an 'industrial company' in terms of section 2(7)(c) of the finance act, 1978, and so it was entitled to the concessional rate of tax allowed to such a company. in order to appreciate the contentions, it would be necessary to refer ..... income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of the income-tax act) is not less than fifty-one per cent. of such total income.'4. the assessee, therefore, claimed that it was entitled to concessional rate allowed .....

S.P. Jaiswal Estates Pvt. Ltd. Vs. Commissioner of Income-tax (No. 1)

Court : Kolkata

Reported in : [1994]209ITR298(Cal)

..... different qualities and blending the same by mixing one type with another, claimed that it was an industrial company within the meaning of section 2(7)(c) of the finance act, 1978, and was entitled to concessional rate of tax. this court held that the assessee was an industrial company entitled to this benefit. there, this court considered in ..... processing of goods and accordingly, the court held that the sky room private limited was an industrial company within the meaning of section 2(7)(c) of the finance act, 1978. there the court held that the word 'processing' is broad enough to take in the activity of purchasing of goods and rendering them edible and selling them to ..... income attributable to any one or more of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter vi-a of the income-tax act) is not less than fifty-one per cent. of such total income.' 5. mr. poddar also drew our attention to circular no. 103 (see .....