Court : Rajasthan
Reported in : (1986)55CTR(Raj)164; [1986]162ITR5(Raj); 1986(2)WLN209
..... 3) or sub-section (5) of section 185;...... (5) explanation:--for the purposes of this section,-- (a) 'appointed day' means the date appointed under section 39 of the finance (no. 2) act, 1977 ; (b) 'status' means the category under which the assessee is assessed as ' individual', 'hindu undivided family' and so on. 251. (1)(a) in an ..... being shown implies also a power to refuse to entertain the application if he is not satisfied with the explanation. the case of indo traders v. cit : [1978]111itr355(cal) , was also referred to by shri surolia appearing on behalf of the revenue.14. the assessee-firm made an application for registration in the year 1962 ..... assessee submitted an application for condonation of delay on the ground that it had no knowledge about the amendment of the provisions of section 184(7) of the act with effect from april 1, 1971, but the income-tax officer declined to continue the registration. an appeal was preferred before the appellate assistant commissioner. the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)189CTR(Raj)516; [2005]275ITR372(Raj); 2004(5)WLC285
..... hand to ensure a balanced and strong growth of cooperative movement as principal organ of rural economy through co-operative societies to be set up under the act. chapter n requires and deals with registration of co-operative societies. while providing for management of cooperative societies, it is envisaged under section 29 of the ..... or all of the following--(a) an object of public utility(b) a charitable purpose as defined in section 2 of the charitable endowments act, 1890.or may be placed in deposit with the financing bank until such time as a new society with similar conditions is registered when, with the consent of the registrar, such surplus may ..... future exigencies like enduing loss or the repayment of debts which cannot otherwise be repaid or significantly to use the reserve fund as finance of the society for its own purpose in case of scarcity of finance from other sources.(vi) the fact that the utilisation of reserve fund is subject to regulatory control of the registrar does not .....
Tag this Judgment!Court : Rajasthan
Reported in : [1992]194ITR371(Raj)
..... officer shall refer the case to the inspecting assistant commissioner who shall, for the purpose, have all the powers conferred under this chapter for the imposition of penalty.' ,12. by the taxation laws (amendment) act, 1975, section 274(2) has been deleted with effect from april 1, 1976.13. the question as to the competence of ..... on december 23, 1976, was illegal. notwithstanding the objection, the inspecting assistant commissioner imposed the penalty of rs. 58,000, vide his order dated february 25, 1978. on the assessee's appeal, the tribunal quashed the penalty on preliminary objection.38. the difference between the present case before us and the one reported above is ..... court was whether the tribunal was right in holding that penalty amounting to rs. 58,000 imposed by the inspecting assistant commissioner, vide order dated february 25, 1978, under section 271(1)(c) in pursuance of the reference made under section 274(2) on december 23, 1976, was without jurisdiction in view of the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2005)197CTR(Raj)401; [2006]280ITR168(Raj)
..... cases were heard together and are decided by this common order.8. the first returns were filed in pursuance of notice under section 17 of the wt act, 1957, on 27th march, 1978. the question relates to valuation of 57 kgs. of gold, which was delivered by the assessee to government treasury in the form of gold bars ..... , distribution, use and possession of, and business in, gold, ornaments and articles of gold and for matters connected therewith or incidental thereto. these provisions were introduced vide chapter xii-a in defence of india rules, which were in force at the time the assessee had delivered the primary gold to collector for weighing the prime minister, shri ..... which was required to be dealt with in terms of sub-rules (1a) and (1b) and other ancillary provisions contained in rule 126h under chapter xii-a of defence of india rules, 1962. chapter xii-a of defence of india rules continued to remain in force until the gold control ordinance, 1968, came into force, which was subsequently .....
Tag this Judgment!Court : Rajasthan
Reported in : (2004)186CTR(Raj)141; [2004]271ITR311(Raj)
..... deduction under section 80i ?'3. the above question relates to the rectification in the original assessment order in computing the deductions permissible under chapter vt-a of the it act, 1961 [hereinafter to be referred to as 'the act'] for the asst. yr. 1984-85. the original assessment order was passed on 27th march, 1988 and was modified on 30th march ..... under sections 80g, 80hh, 80hhc and 80i. the ito was of the opinion that the deductions allowed to the assessee under chapter vi-a of the act are in breach of section 80a(2) of the act inasmuch as after allowing the investment allowance of rs. 30,66,000 from the pre-incentive total income, the gross total income ..... 80i was sought to be rectified.however, the ao did not accept this contention and relying on the decision in cambay electric supply industrial co. v. cit : [1978]113itr84(sc) held that the carry forward unabsorbed losses of the priority industry was first to be reduced from the total income and before computing the income of the .....
Tag this Judgment!Court : Rajasthan
Reported in : [2001]121STC311(Raj); 2001(4)WLC115; 2000(3)WLN445
..... transporter and to be furnished at the check-post at the entry in the state. this aspect of the matter need a scan through the scheme of chapter viii of the act.92. section 77 provides for inspection and seizure of accounts and goods kept and found at the place where dealer is carrying on business or believed to ..... emphasis and the wide and positivistic reach of article 14 in its requirement of reasonableness and fair play in all state actions in maneka gandhi v. union of india air 1978 sc 597, while considering the inter-play of fundamental rights guaranteed under different articles of faith in part iii of the constitution, particularly articles 21, 19 and 14, ..... to the substantive levy.24. the question again cropped up for consideration before the supreme court in r.s. joshi, sales tax officer v. ajit mills ltd. : [1978]1scr338 . in that case, the court noticed several dealers showed a tendency under the guise of sales tax levy to collect from buyers tax even in regard to tax-free .....
Tag this Judgment!Court : Rajasthan
Reported in : [2002]125STC35(Raj); 2002(1)WLC369; 2001(2)WLN674
..... notification. the notification in question reads :s.o. 23.--in exercise of the powers conferred by section 8(5), central sales tax act, 1956 (central act 74 of 1956), the state government in supersession of the finance department notification no. f4(72)fd/gr./iv/81-36 dated december 3, 1985 [s.no. 584], hereby directs that, with ..... subject of the notification no. s.o. 23.'s.o. 23.--in exercise of the powers conferred by section 8(5), central sales tax act, 1956, the state government in supersession of the. finance department notification no. f4(72)fd/gr. iv/81-36 dated december 3, 1985, hereby directs that, with immediate effect, any dealer, ..... were raised ; one on the basis of the treatment given to the 'white cement' different from ordinary portland grey cement under the import cement (control) order, 1978 and secondly that white cement is a different commercial commodity in the commercial parlance. the contention of the assessee on both counts was accepted firstly because the import cement .....
Tag this Judgment!Court : Rajasthan
Reported in : [1997]225ITR990(Raj)
..... business of the hotel, as the case may be, included in the total income (as computed without applying the provisions of section 64 and before making any deduction under chapter vi-a in respect of the previous year relevant to an assessment year commencing on or after the 1st day of april, 1967 (not being an assessment year prior ..... of priority between carried forward losses, unabsorbed depreciation and unabsorbed development rebate have also taken the same view. in the case of rajapalayam mills ltd. v, cit : [1978]115itr777(sc) it was observed by the apex court that when the profits or gains of a business for a particular assessment year are to be computed under section 10 ..... law arising out of its order dated august 1, 1985, in respect of the assessment years 1975-7.6 and 1979-80 under section 256(1) of the income-tax act, 1961 : ' whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that for the purpose of determining priorities, the profits .....
Tag this Judgment!Court : Rajasthan
Reported in : [1994]206ITR222(Raj); 1993(3)WLC416
..... the assessee before criminal proceedings are initiated against him. in other words, a notice or a right of being heard before launching criminal proceedings under the income-tax act for the offences mentioned under chapter xxii is not mandatory and proceedings cannot be quashed on this ground. though, if such notice is given by the department, it may check frivolous and unnecessary ..... , however, agree with the view expressed by the high court of calcutta in jyoti prakash mitter v. haramohan chowdhury : [1978]112itr384(cal) . in that case on a complaint made against the assessee for an offence punishable under section 277 of the act, the chief metropolitan magistrate issued process. thereupon the assessee questioned the validity of the initiation of the criminal proceedings before .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2003(4)Raj2118; 2003(3)WLC543; 2003(1)WLN108
..... reads as follows :- '266. consolidated funds and public accounts of india and of the states. -(1) subject to the provisions of article 267 and to the provisions of this chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to states, all revenues received by the government of india, ail ..... petitioner against the recovery of rs. 39,900/-, was dismissed, be quashed and set aside and further, the petitioner be allowed pay and allowances of the post of manager (finance) from 1.11.1985 to 26.5.1987 without deducting the pension etc. etc.2. the case of the petitioner as put forward by him in this writ petition is ..... stayed.the further case of the petitioner is that the joint registrar, cooperative societies, bikaner zone, bikaner (respondent no. 4) registered a case under section 74 of the act of 1965 against the petitioner for recovery of the above amount and in this respect, a notice annex. 15 dated 20.5.1992 was issued by the respondent no. 4 .....
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