Court : Madhya Pradesh
Reported in : (2003)183CTR(MP)503; [2003]263ITR77(MP)
..... (see [2002] 258 itr 13) which has been referred to above in paragraph 61.3.2 has laid down as under (page 58) :'61.3.2. the finance act, 2002, has amended section 158bb to clarify that the block assessment of undisclosed income is to be based on the evidence found in the search and material or information gathered ..... board of direct taxes issued on august 27, 2002.6. to appreciate the rival submissions, it is appropriate to refer to section158bb(1) of the act which occurs in chapter xiv-b of the act. it reads asunder :158bb. (1) the undisclosed income of the block period shall be the aggregate of the total income of the previous years falling ..... the said question refers to an addition of rs. 2,49,350 made on account of unexplained expenses in the construction of a residential bungalow by the assessee. here also, chapter xiv-b has no application. the tribunal, rightly, found that the addition is made on the basis of the report of the departmental valuer. according to the assessing officer .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP62; 1981MPLJ175
..... that there exists some reasonable correlation between the total sum collected and the cost of services. 8. under the scheme of our act (m. p. municipalities act, 1961), imposition ot taxation falls in chapter vii. section 127 deals with the types of taxes which may be imposed section 128 deals with restrictions on the imposition of property ..... enhancement was struck down by their lordships and this is what their lordships held : 'section 78, empowering property tax levy, falls in part iii (taxation and finance), while section 321, relating to licence fees, is located in part vi. the scheme thus separates issue of licences and levy of licence fees from taxes on ..... factors,--to lug in a taxing provision into part vi may, therefore lead to obscurity and confusion. the madras act speaks with more precision and relegates licences aud licence fees to a part different from taxation and finance. the procedure for each is also delineated separately. for these reasons it cannot be said that 'fee' in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1991MP156; 1991(0)MPLJ36
..... therefore, that the provisions of sections 29, 30, 31 and 34 subserve the policy that resources of the corporations are efficiently husbanded and managed and their finances are not locked up with any particular industrial concern unduly and for that, special procedure for summary disposal of applications for enactment of securities pledged with the ..... counsel, shri suryavanshi also cited a large number of decisions to which we may briefly refer to reward his labour. in gujarat state financial corporation (air 1978 sc 1765), while expounding the scope of the application under section 31(1), their lordships observed that the application cannot be regard as one made for repayment ..... district judge. we readintrinsic evidence in section 24 for our view and that provision is the tone-setter of chapter iii which spans across section 24 to 33g, corporation's duty is stated therein to 'act on business principle, due regard being had by it to the interest of industry, commerce and general public.'4 .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2004]267ITR450(MP)
..... pronounced by the supreme court on august 1, 2000. subsequent to this judgment, an explanation 1 has been substituted in section 234b of the act with effect from april 1, 1989, by the finance act, 2001. the said explanation has been made effective retrospectively with effect from april 1, 1989. by this explanation 1 it has been clearly mentioned ..... sub-section (1) of section 143 or on regular assessment as reduced by the amount of tax deducted or collected at source in accordance with the provisions of chapter xvii of any income, which is subject to such deduction or collection. so by legal fiction explanation 1 was made applicable even to those cases, which were decided ..... passed by the income-tax appellate tribunal, indore bench.3. all these appeals have been preferred by the assessee under section 260a of the income-tax act, 1961 (for short 'the act'). the original order by the tribunal was passed in the appeal preferred by the revenue. the said order of the tribunal was based on a judgment .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1995(0)MPLJ176
..... 9. before referring to the two decisions which led to this reference, it will be appropriate to refer to the provisions in part-iii-finance chapter vii-municipal fund under the municipal corporation act, 1956 :'86. municipal fund to be sole and to be held in trust - there shall be one municipal fund and it shall be ..... of taxation is a necessary adjunct to their other powers'.18. further question is whether the mode of collection by auction is not permissible part x- chapter xxxvii of the municipal corporation act, 1956 deals with framing of byelaws :'section 427. byelaws - the corporation may, and if so required by the government shall, make byelaws consistent with ..... institutions functioning in the interest of the inhabitants of the city;(h) the cost of auditing the municipal accounts.''part iv-chapter xi-taxation132. taxes to be imposed under this act.- (1) for the purpose of this act, the corporation shall impose;xxx xxx xxx(2) in addition to the taxes mentioned in sub-section (1) the .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2005)197CTR(MP)44; [2006]282ITR97(MP)
..... or other documents or transaction represents wholly or partly income or property which has not been or would not have been disclosed for the purposes of this act.'subsequently, by finance act, 2002, the following words were added with retrospective effect from 1st july, 1995, at the end of the above definition of 'undisclosed income' under ..... multiplicity of proceedings for different assessment years falling in the block period, which definitely was not the intention of legislature in enacting the special provisions in chapter xiv-b for expeditious disposal of such assessments.8. the tribunal, after examining the seized documents, held that the loose slip related to the year ..... other additions) to the total income, filed an appeal before the tribunal, indore bench. the assessee contended that the undisclosed income that could be assessed under chapter xiv-b was 'any money, bullion, jewellery or other valuable article or thing or any income based on any entry in the books of account or .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)180CTR(MP)553; [2003]259ITR593(MP)
..... proceeding shall not continue but a fresh proceeding for the same purpose may be initiated under the new provision.' 11. again, the supreme court in the case of general finance co. v. asst. cit : [2002]257itr338(sc) after considering the observations of the constitution bench decision in rayala corporation p. ltd. v. director of enforcement : ..... . learned counsel in support of his submissions placed reliance on the following decisions : (1) kolhapur canesugar works ltd. v. union of india : 2000(119)elt257(sc) (2) general finance co. v. asst. cit : [2002]257itr338(sc) ; and (3) kaushal kishore biyani v. union of india [2002] 256 itr 679. 9. learned counsel for the non ..... to pay any advance as required by or under the provisions of sub-section (9) of section 80e of chapter xvii-b, was punishable. this provision of section 276b, has been amended by the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, which prescribes punishment for failure to pay tax deducted at source. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1991]188ITR741(MP)
..... the wealth-tax act, 1957 (hereinafter called 'the act'), were amended by the finance act of 1988 with effect from june 1, 1988, and the name of the chief commissioner was substituted in the place of the central board of direct taxes in respedt of according registration. the provisions contained in chapter vii-b of the' act were also amended ..... , and was empowered to deal with and issue licences to the registered valuers of immovable properties prior to the amendment of section 34ab of the act by the finance act, 1988, with effect from june 1, 1988, and respondent no. 3 is the union of india. before the amendment, the central board of direct taxes ( ..... to consider the applications of the petitioners for registration as valuers in accordance with the provisions contained in rule 8a(2) of the rules framed under the act and should decide their applications as expeditiously as possible after forming an opinion in respect of the acquisition of sufficient experience in the fields as enumerated in .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [2007]292ITR533(MP)
..... calculation of depreciation, the assessing officer rectified the assessment suo motu under the provisions of section 154 of the act, on 28-1-1999.2. the appellant thereafter filed a declaration under section 88 of chapter iv of the finance (no. 2) act, 1998, called the 'kar vivad samadhan scheme, 1998', (hereinafter referred to as, 'the kvs scheme'), ..... of the case, the appellate tribunal is justified in holding that after full and final settlement of the tax arrears under section 90 of the finance (no. 2) act, 1998 in respect of all the matters, the commissioner of income-tax had jurisdiction to revise the said assessment order under section 263 of the ..... on 31-12-1999, after rectification of the order under section 154 of the act. the declaration was accepted under section 92 of the kvs .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1969MP150; 1968MPLJ854
..... , as stated in its return, is that the operation of transport services by viable units before the amendment effected in 1956 in the motor vehicles act, introducing chapter iv-a was altogether irrelevant; that when the corporation first decided to take over routes in the areas in which it was already operating, it ..... asked shri birbal the then general manager of the corporation to prepare a comprehensive phased programme for submission to the government with the estimates for allocation of finances. accordingly a three-phased plan was prepared with the following priorities :-- (i) in the first phase all national highways in the madhya pradesh and two ..... general manager of the corporation, therefore, asked the deponent to prepare a chased programme so as to forward to the government the estimates for allocation of finances. the corporation had in publishing its first batch of schemes, tentatively decided to take over the national highways after establishing on the routes on which it .....
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