Judgment Search Results Home > Cases Phrase: finance act 1978 chapter iii direct taxes Court: madhya pradesh Page 24 of about 251 results (0.151 seconds)

Commissioner of Income-tax Vs. Motlay Finance P. Ltd.

Court : Madhya Pradesh

Reported in : [2008]303ITR414(MP)

..... ]203itr881(sc) . on the other hand, the decisions relied on by the learned departmental representative are quite distinguishable. in the case of cochin company v. cit : [1978]114itr822(ker) , the issue was whether the profit derived by the sale of import entitlements can be considered as profit derived from export of goods. that decision of hindustan ..... of banking as defined under the banking regulation act, 1949.6. from these objects it becomes clear that the assessee-company is an investment company. this also becomes clear from the findings of the assessing ..... , firm, person or association whether falling under the same management or otherwise in accordance with and to the extent permissible under the provisions contained in the companies act, 1956, with or without security and on such terms as may be determined from time to time. however, the company shall not carry on the business .....

Commissioner of Income Tax Vs. Omprakash Premchand and Co.

Court : Madhya Pradesh

Reported in : (1996)134CTR(MP)342

..... ' and collectively a 'firm', and the name under which their business is carried on is called the 'firm name'.'dissolution of a firm is regulated by chapter vi - ss. 39 to 44 of the aforesaid act.5. rule vi, substituted by no. 8, dt. 3rd sept., 1996, of general licence conditions, provided in exercise of powers conferred by s. 62 ..... privilege granted under the licence issued by the mp excise authority on the basis of the bid by the unreconstituted firm in february, 1976. registration was also granted for 1978-79. the ito refused to grant registration for 1979-80 despite there being no further change. the ito felt that the firm lost eligibility for registration as a result ..... s. 186(4) and cancelled registration already granted. on appeal, cit(a) reversed the order of ito and directed him to grant registration for asst. yrs. 1977-78, 1978-79 and 1979-80. aggrieved, the revenue filed appeals. accountant member (am) held that it was a case of change and not of a new firm and sustained the order .....

Commissioner of Wealth-tax Vs. H. H. Maharani Sharimisthadevi Holkar.

Court : Madhya Pradesh

Reported in : (1988)74CTR(MP)88; [1988]174ITR459(MP); [1988]40TAXMAN113(MP)

..... 6, 1953, issued by the ministry of states, new delhi. this facility was enjoyed by the assessee till the death of his highness maharaja tukojirao holkar on may 21, 1978. the value represented by this right of residence was being shown by the assessee in the taxable wealth and was so assessed up to the assessment year 1975-76.while ..... could legally part with her personal right of residence for any consideration to a third person. by the finance (no. 2) act of 1980, which came into force on april 1, 1980, an explanation has been added to section 7(1) of the said act, which is as follows :'explanation. - for the removal of doubts, it is hereby declared that the ..... judgment of the court was deliverd byp. d. mulye j. - the commissioner of wealth-tax, bhopal, has filed this application under section 27(3) of the wealth-tax act, 1957, with a prayer that the income-tax appellate tribunal be directed to refer the following question of law to this court for its opinion :'whether, on the facts and .....

i.J. Kapani Vs. Finance Secretary and ors.

Court : Madhya Pradesh

Reported in : [2002]256ITR455(MP)

..... is subject to ultimate authorisation by the commissioner of income-tax of the concerned area.4. the aforementioned powers which are conferred on the authorities under the act cannot be exercised by the high court in public interest litigation, filed by any individual else, it will amount to overstepping the powers by this court ..... claims to be one of the honest taxpayers, has prayed for directions against the income-tax department to proceed against such builders and take action under the act.2. heard the petitioner in person and shri patankar learned counsel for the respondents.3. in a petition of this nature, this court cannot embark upon ..... involves an entirely different type of exercise. indeed, the income-tax act has already taken care of these eventualities and has conferred sufficient powers on several authorities to initiate action against such persons. chapter xiii and in particular clause c of this chapter which deals with search and seizure operations has invested extensive as also .....

Commissioner of Sales Tax Vs. Bombay Glass House

Court : Madhya Pradesh

Reported in : [1986]63STC350(MP)

..... company) held that:glass sheets or glass panes are not glassware and, therefore, cannot be taxed under entry no. 23 of the first schedule to the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi. it has further been held that:glassware means containers or vessels or other items of use made of ..... crockery and goods made of glass and glassware, on which tax was levied at ten per cent. and for the subsequent period 26th march, 1975, to 30th september, 1978, entry no. 26 read as under:all types of crockery, goods made of glass and glassware, but excluding glass chimneys of hurricane lanterns and kerosene lamps. 6. from ..... form of a raw material.9. the learned counsellor the revenue further submitted that 'goods' have been defined in section 2(g) of the m.p. general sales tax act, 1958, which is as follows:'goods' means all kinds of movable property other than actionable claims, newspapers, stocks, shares, securities or government stamps and includes all materials, .....

Western Coal Fields Ltd. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1996(0)MPLJ439

..... relied on c.b. gautam v. union of india and ors. : [1993]199itr530(sc) . in the said judgment, it is held thus :'the conclusion that the provisions of chapter xx-c are to be resorted to only where there is significant undervaluation of the immovable property to be sold in the agreement of the sale with a view to ..... thus, no penalty can be levied for non-compliance under the guise of an imaginary evasion of tax.18. in r.s. joshi, sto v. ajit mills ltd. 1978 vkn (2) 65, the supreme court held that the doctrine of incidental or ancillary powers cannot overreach the charging provision and provide for penalty which cannot be levied on a ..... appearing for the respondents submitted that the provisions should be read down. however, this is not permissible as the scheme of the act does not confer jurisdiction on the authorities to reduce the penalty. he relied on : [1978]1scr338 for the proposition. as pointed out by the supreme court, reading down is permissible if such an intention can be spelled .....

Association of Private Dental and Medical Colleges and ors. Vs. the St ...

Court : Madhya Pradesh

Reported in : 2009(3)MPHT418

..... vary from student to student and also remained fixed for a certain period as mentioned in section 4(8) of the act, 2007. as has been held by the supreme court in peerless general finance v. reserve bank of india (supra), the court has to examine the substance of the provisions of the law to ..... professional educational institutions maintain proper standards in professional educational institutions and there is fairness, transparency and no exploitation in the admission procedure.17. mr. singh cited peerless general finance v. reserve bank of india : (1992) 2 scc 343, in which the supreme court has held that clause (6) of article 19 of the constitution empowers ..... conflict with fundamental rights and second that it has been enacted within the legislative competence of the enacting legislature under part xi, chapter 1 of the constitution. they argued that even if the act, 2007 is held to be implementing any directive principle of the state policy as contended by mr. gupta, the provisions of .....

Commissioner of Income Tax Vs. M/s Mechmen 11-C, Bhopal

Court : Madhya Pradesh

..... on section 158bd. to wit, amity hotels (p) ltd. and others vs. commissioner of income tax and others ((2005) 272 itr 75 (delhi))dated 5.10.2004, new delhi auto finance (p) ltd. vs. joint commissioner of income tax ((2008) 300 itr 83 (delhi))dated 22.2.2008, commissioner of income tax vs. dawn view farms (p) ltd. ((2009) ..... in section 153c is identical or pari materia with the procedure prescribed in section 158bd of the i.t. act. for, section 153c has been placed in chapter xiv which deals with the procedure for assessment, unlike section 158bd is placed in chapter xiv-b which deals with the special procedure for assessment of search cases for block period and undisclosed income. ..... person. the provisions of section 158bd of the act were examined in detail by the hon'ble supreme court in the case of manish maheshwari; 208 ctr 97. the said hon'ble supreme court decision was followed by the hon'ble delhi high court in the case of new delhi auto finance limited; 300 itr 83. the hon'ble supreme .....

Shri Sajjan Mills Limited, Ratlam Vs. Krishi Upaj Mandi Samiti, Ratlam ...

Court : Madhya Pradesh

Reported in : AIR1981MP30; 1981MPLJ117

..... retail; (b) the transfer of such agricultural produce to a co-operative society for the purpose of securing an advance therefrom'.chapter vi of the act provides for regulation of trading. section 31, which falls in that chapter, is as follows:'31. regulation of persons operating in market area. no person shall, in respect of any notified agricultural produce ..... further direction for refund of the fee paid. it is also prayed that the respondents be directed not to realise any market fee. the order, dated 30-1-1978, passed by the respondent no. 1 cancelling the petitioner's licence has also been questioned.3. we may first take up the questionof petitioner's liability to pay ..... was also rejected by the joint director of agriculture (respondent no. 2) by order, dated 14-11-1977 (annexure-d). this petition was then filed on 30-1-1978 the respondent no. 1 cancelled the petitioner's licence.2. according to the petitioner, it is not a market functionary within the meaning of section 2 (1) (j) .....

Pressure Sensitive System (India) Ltd. Vs. Aristocraft International P ...

Court : Madhya Pradesh

Reported in : AIR2001MP135; 2001(5)MPHT130; 2001(3)MPLJ520

..... the price after opening the price bid part of tender ought to have been accepted and acted upon by the union of india.8. in the counter-affidavit filed on behalf of union of india and security paper mill by the finance advisor and chief accounts officer he was one of the member of special tender evaluation committee ..... and m/s. aristrocraft international pvt. ltd. as per the recommendation contained in annexure-p/16. they further placed reliance on purchase of store guidelines contained in chapter v of dcs and d . that the decision of the learned single judge about the qualification of m/s. pressure sensitive systems is incorrect. from the capacity assessment ..... (in case of imported item but quoted in indian rupees)part-i and part-11 should be submitted under a covering letter indicating clearly the summary of tender chapters, annexure/ schedules of the complete tender. the part-ill shall also be submitted along with part-ii blanking the price together with list of annexures.for indian .....