Court : Kolkata
Reported in : (2004)187CTR(Cal)113
..... from the 1st day of april, 1992.' 6. whether the amendment is clarificatory in nature, whether the intent of the legislature expressed in the statute before the finance act, 1999, is in consonance with the clarification, is required to be gone into. therefore, we propose to examine the scope and ambit of the statute and ..... the legislature, in this case in section 80hhc. sections 80aa and 80ab were introduced in 1992 giving retrospective effect since 1981 namely, with the introduction of chapter vi-a. this retrospectivity of sections 80aa and 80ab was held to be clarificatory in nature and as such though imposes additional burden of tax, yet ..... (sc) , the apex court had interpreted section 80m in a manner different in which the principle was decided in cambay electric supply industrial co. ltd. v. cit : [1978]113itr84(sc) dealing with the question of deduction under section 80e. the decision in cloth traders (p) ltd. (supra) was rendered without noticing cambay electric supply industrial co. .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)190CTR(Cal)355,[2004]267ITR585(Cal)
..... , the assessee was describing its own status as a trading company till 1986-87. it is apparent that the law has been changed in the meantime by the finance act, 1985, when categories have been introduced differentiating between the cases of trading company and other cases. therefore, the assessee though it described itself as a trading company ..... . s. balaram, ito v. volkart bros. : [1971]82itr50(sc) ; cit v. calcutta steel co. ltd. : [1985]153itr488(cal) ; cit v. simplex concrete piles (india) pvt. ltd. : [1978]112itr812(cal) ; cit v. c. d. r. laxmidevi : [1995]211itr858(guj) ; asian techs ltd. v. cit : [2000]243itr262(ker) and vijay mallya v. asst. cit [2003] 263 itr 41 ..... been stated that the error apparent from the records, has been explained in different cases. the division bench of this court in the year 1978 in the case of simplex concrete piles (india) pvt ltd. : [1978]112itr812(cal) held as follows (page 818) :'from the records before us, as appearing in the paper book, it is quite .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)190CTR(Cal)245,[2004]267ITR345(Cal)
..... body corporate, and formed under the statute and they are required to audit their accounts compulsorily under section 44ab of the said act which has been incorporated in the act on and from april 1, 1985, by the finance act, 1984, whereas section 142(2a), (2b) was incorporated much earlier than the aforesaid section with effect from april 1, ..... has referred to the following decisions :controller of court of ward v. g. n. ghorpade, : air1973sc627 ;jeewanlal (1929) ltd. v. ito : [1978]115itr465(cal) ; andmetal distributors ltd. v. ito : [1978]115itr608(cal) .9. his further contention is that the aforesaid impugned order is mala fide for the following reasons :on december 16, 2002, an order was ..... passed under section 154 of the said act. a sum of rs. 1,45,29,451 was directed to be refunded to .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)192CTR(Cal)557,[2005]272ITR513(Cal)
..... in the said decision was really obiter dictum and cannot be cited as precedent.19. similarly, the decision of the allahabad high court in the case of peerless general finance & investment co. ltd. (supra) has been set aside by the supreme court on a different point and the point involved herein has been kept open. thus, ..... the two decisions cited by mr. mullick, one in the case of reckitt colman of india ltd. v. assn. cit and the other in the case of peerless general finance & investment co. ltd. v. ao and ors. : [2001]248itr113(all) cannot be relied upon as precedent. in the case of reckitt colman of india ltd. ( ..... ) (2) (3)------------------------------------------------------------------------------------dc, range-21. ito (tds), ward- all matters relating to all the sections 21(1), calcutta. in chapter xvii-b except section 195 and also relating to section 221 of the it act, 1961, for the assessee deemed to be in default in respect of the tax under sub-section (1) of section 201 of the .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]140TAXMAN646(Cal)
..... (1)(2)(3)dc, range-21. income tax officer (tds), ward-21(1), calcutta.all matters relating to all the sections in chapter xvi1b except section 195 and also relating to section 221 of the income tax act, 1961 for the assessee deemed to be in default in respect of the tax under sub section (1) of section 201 of the ..... decisions cited by mr. mullick, one in the case of reckitt colman of india ltd. v. asstt. cit : [2001]251itr306(cal) and the other in the case of peerless general finance & investment co. ltd v. assessing officer : [2001]248itr113(all) cannot be relied upon as precedent. in the case of reckitt colman of india ltd. (supra) a division bench of ..... bench in the said decision was really obiter dictum and cannot be cited as precedent.19. similarly, the decision of the allahabad high court in the case of peerless general finance & investment co. ltd. (supra) has been set aside by the supreme court on a different point and the point involved herein has been kept open. thus, the said .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)203CTR(Cal)377,[2005]273ITR133(Cal)
..... conclusion that the commissioner of income-tax (appeals) erred in holding that the assessee was an industrial company within the meaning of section 2(8)(c) of the finance act, 1984 ?4. whether, on the facts and circumstances of the case, the tribunal was justified in law in holding that the printing, publication and distribution of pharmaceutical ..... the appeal was allowed relying upon the decision of the calcutta high court in the case of addl. cit v. a. mukherjee and co. (p.) ltd. : [1978]113itr718(cal) . this time the revenue preferred an appeal and the income-tax appellate tribunal held that the assessee-company is not directly engaged in the manufacture of pharmaceutical goods ..... a manufacturer is a person by whom or under whose direction or control the goods are manufactured. the judgment of this court in a. mukherjee's case : [1978]113itr718(cal) was also noticed. the judgment of the tribunal in that case was reversed on the ground that the tribunal had not gone into the question as .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2004Cal316
..... to be treated as admitted, and at this stage they have to be accepted at their face value. the decision in sahu jain ltd. v. deputy secretary, ministry of finance, 70 cwn 399 discussed and legal position regarding this.39. i find that in talbot & co. v. haricharan halwasiya, : air1952cal47 the suit was filed alleging forfeiture of ..... lease by unilateral exercise of the option for renewal. the renewal required execution and registration of a fresh lease.20. the lessor (aviram mullick) died on march 20th, 1978. during his lifetime he executed a will dated november 19th, 1965. he bequeathed all his properties in favour of his two sons (the plaintiff and the second defendant) ..... are lawful,, just and sustainable.28. submissions made by mr. sen, in reply, are these. the advocates act, 1961 did not prohibit the transaction. an advocate's duties to his client have been specified in rule 49 (1) (c) of chapter (ii) of the bar council of india rules. the rules also did not prohibit the transaction. sri .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(4)CHN167,2004(176)ELT93(Cal)
..... provided. he relied on the decision in hemraj gordhandas v. h.h. dave, assistant collector of central excise and customs, surat and ors., 1978 elt (j 350) (sc) to contend that in a taxing statute, there is no assumption for any intendment but regard must be had ..... a show cause notice was issued to the respondent requiring levy of excise duty, as per classification under heading 8607 of central excise tariff act, 1985, on the ground that the assessee was not entitled to obtain the benefit of two exemptions under notification no. 217/86-ce ..... finance (department of revenue) no. 214/86-central excise, dated the 25th march, 1986, namely :in the said notification, in the opening paragraph--(i) the existing explanation shall be numbered as explanation i; and(ii) after explanation i as so numbered, the following explanation shall be inserted, namely: -explanation ii.......................................................................................exemption to specified goods falling under chapter .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)1CALLT575(HC),2005(180)ELT437(Cal),2006[3]STR305
..... year, 1998 praying inter alia declaration that the petitioner club is not a mandap keeper within the meaning of chapter v of the finance act 1994 as amended by the finance act, 1997 and is not liable to pay any service tax under the act along with various writs in the nature of mandamus, prohibition, certiorari with the incidental prayers virtually to restrain ..... service or different from its usual service to the members so that service tax can be imposed. he called upon the court to go through the relevant portions of the finance act, 1994. section 65 sub-section (19) gives the meaning of the word 'mandap' which means :'(19) 'mandap' means any immovable property as defined in section 3 ..... able to raise bill upon the user of the premises along with the service tax. therefore, i cannot hold it good that members' club is covered by the finance act, 1994 for imposition of service tax to use its space as 'mandap'. so far as the other point is concerned whether the ratio of the judgments can be .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)195CTR(Cal)161,[2005]273ITR16(Cal)
..... . in the circumstances stated above, i have reason to believe that, by reason of the omission and failure on the part of the assessee, the peerless general finance and investment co. ltd., to disclose fully and truly all material facts necessary for its assessment for the assessment year 1981-82, income exceeding rs. 50,000 ..... asst. cit : [1999]236itr832(guj) and also certified copy of a judgment passed by the division bench of this court in f. m. a. no. 372 of 1978. we have considered all these decisions. it appears from all these decisions that there is practically no dispute regarding the principles as laid down in calcutta discount co. ltd. ..... certificate, wrong basis of calculation and suppression of relevant facts :(a) income from forfeiture of lapsed certificates.(b) profit under section 41(1) of the income-tax act as a result of cessation of liability already claimed as 'interest and bonus accrued.'(c) excess deduction claimed under the head, 'interest and bonus accrued', at a fixed .....
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