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Dr. K. Jagadeesan Vs. Central Board of Direct Taxes and ors.

Court : Delhi

Reported in : (1998)150CTR(Del)379

..... the delhi high court.8. sub-section (2) of section 279 of the act provides that offence under this chapter may, either before or after the institution of proceedings, be compounded by the chief commissioner or the director-general. the finance (no. 2) act, 1991, has inserted an explanationn giving it retrospective operation with effect from 1- ..... 4-1962, which reads as under :'for the removal of doubts, it is hereby declared that the power of the board to issue orders, instructions or directions under this act shall include and shall be ..... of the rule of limitation in specified matters and for avoiding genuine hardship in any case, by relaxing any requirement contained in any of the provisions of chapter iv or via relating to deduction claimed thereunder. the categories of such 'any case' do not cover the cases of prosecution and composition.12. the .....

Swami Vivekanand Uchchatar Madhyamik Vidyalaya, Unnao and Another Vs. ...

Court : Allahabad

Reported in : 1998(3)AWC1940; (1998)3UPLBEC2145

..... of the aforesaid contention, reliance has been placed on regulations 25 and 100 of the regulations framed under section 16g of the u. p. intermediate education act as contained in chapter iii of the regulations. these regulations read as here under :'25. the services of a temporary employee (other than a probationer) or of a probationer ..... is the appointing authority of class iv employees as per regulation 100 of the regulations framed under section 16g of u. p. intermediate education act and the same are contained in chapter iii of the aforesaid regulations. opposite party no. 2 moti lal singh was appointed on aclass iv post of mali by the principal vide ..... during probation period or not and if so, wbether the same required approval of .district inspector of schools under the relevant provisions of u. p. intermediate education act and the regulations framed thereunder or not?3. the facts, in the backdrop of which the aforesaid questions have arisen, in brief, are as follows : swami .....

Krishak Bharati Co-operative Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(61)ECC180

..... in these refund applications in which it was stated that the appellants are engaged in manufacturing of liquid nitrogen/liquid ammonia and urea falling under chapter no. 28 & 31 of the central excise tariff act, 1985 and holding central excise registration certificate no. 0037-04-01-0027 for the manufacture and clearance of the said excisable products. it ..... not to any or every person on whom the burden may ultimately fall.31. it is well known that from the point of view of economics, (particularly public finance) as well as from a legal point of view, the central excise is in the nature of indirect taxation.32. the burden to pay duty to the government ..... excise duty is also intended to benefit the ultimate consumer, but it does not mean that the ultimate consumer can deal directly with the excise authorities. although under chapter x, the industrial user has to deal directly with the central excise authorities for certain purposes inasmuch as he has to make an application to the collector and .....

Agrawal Motors Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Jabalpur

Reported in : (1999)68ITD407Jab

..... construction as well as the profit on sale of flats of bp complex are outside the purview of chapter xiv-b.chapter xiv-b provides special procedure for assessment of search cases. it was inserted by finance act, 1995. the hon'ble finance minister during his speech delivered in parliament on 15-3-1995 state as follow :- hon'ble members ..... . an appeal against the order can be filed directly before the income-tax appellate tribunal. [emphasis supplied] similar view was expressed in the notes on clauses of the finance bill.section 158b(b) defines the word "undisclosed income" as under :- undisclosed income' includes any money, bullion, jewellery or other valuable article or thing or any ..... sides. in the present appeal, we are considering the assessment of block period as per chapter xiv-b of the i.t. act. we have already discussed while deciding ground nos. 8 & 9 of the assessee's appeal. in our opinion, under chapter xiv-b, the assessment of undisclosed income found as a result of search is to .....

Kailash Paints and Chemicals Vs. C.C.E.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1998)(62)ECC395

..... of the appellant, shri ajay jain, learned counsel submitted that the change of tariff classification for items like zinc ash from chapter 79 to chapter 26 proposed in the finance bill of 1988 became effective only after passing of the finance act of 1988 which was on 13-5-1988. during the intervening period classification of such zinc ash continued to be only ..... under chapter 79. a similar issue had come up for decision before the tribunal in appeal no. e/1896/90-b1 & e/1897/90-b1 in ess ess metals ..... which have the effect of enhancing the rate of duty but those provisions amending the statute or tariff items will be effective only from the date of passing of the finance act. on that reasoning, the bench held that during the period 1-3-1988 to 12-5-1988 zinc ingots made from zinc ash continued to have the benefit .....

Shriram Transport Finance Co. Ltd. Vs. Assistant Commissioner of Incom ...

Court : Chennai

Reported in : [2000]70ITD406(Mad)

..... 4)(iv) which was brought into the statute book, as early, as 1981. the learned counsel also referred to the provisions of section 44ad(3), introduced by finance act, 1994. he urged that section 44ad is similar to section 115.j in that it provides for determination of total income in an ad hoc manner with a deeming ..... and abandoned. similarly, if the income tax officer found that the assessee has concealed particulars of his income or has committed any default mentioned in various sections under chapter xxi, he cannot levy penalty because once an income is assessed under section 115j these sections also would become sterilized. the assessing officer cannot also determine the ..... explains the provisions of section 115j. he also referred to the decision of the mumbai high court; in the case of cit v. smt. godavari devi saraf : [1978]113itr589(bom) to emphasis the importance of a decision of the high court. it is pointed out that if the legislature wilfully (sic-ignore) or miss to incorporate .....

Commissioner of Income-tax Vs. K.S. Venkataraman and Co. Pvt. Ltd.

Court : Chennai

Reported in : [2000]243ITR314(Mad)

..... from activity which could properly be regarded as manufacturing activity and, therefore, the assessee satisfied the stipulation in the explanation to section 2(7)(c) of the finance (no. 2) act of 1977 and is entitled to be regarded as an industrial company. he placed strong reliance on the decision of the supreme court in the case of minocha ..... 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.' 3. it is evident from the explanation that before an assessee-company can ..... the data so furnished, held that the data relating to 17 items of work completed by the assessee during the period from january 28, 1971 to december 1, 1978, showed that the total value of the bills was rs. 53.60 lakhs of which the bill amount relatable to the activities accepted to be manufacture or processing activities .....

Hargovind International Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Nagpur

..... that s. 80-i is introduced in statute book by the finance (no. 2) act, 1980, w.e.f. 1st april, 1981. by the same finance act, s.80ab is also introduced w.e.f. 1st april, 1981. sec. 80ab defines as to how the income for the purpose of various deduction under chapter vi-a has to be computed. further, s. 80b(5) also ..... rectification, the issue was already adjudicated upon by the hon'ble supreme court in the case of cambay electric supply industrial co. ltd. vs. cit (1978) 113 itr 84 (sc). this decision is dt. 11th april, 1978, i.e. much earlier to the date of the order of rectification passed by the ao. therefore, she submitted, that the order of rectification passed .....

Commissioner of Income-tax Vs. Appollo Tyres Ltd.

Court : Kerala

Reported in : [1999]237ITR706(Ker)

..... 30 to 43c. this was the position with respect to every person who is subjected to be charged under section 4 of the act. the legislature, by the finance act, 1983, introduced a new chapter--chapter vi-b--containing only one provision--section 80wa--imposing restriction on certain deductions in the case of companies, with effect from april 1, ..... 1984. later, by the finance act, 1987, the said chapter was deleted with effect from april 1, 1988. simultaneously, in the finance act, 1987, itself a new chapter--chapter xii-b--containing only one section--section 115j-- was inserted. so, as on the date of introduction of ..... supreme court again in standard refinery and distillery ltd. v. cit : [1971]79itr589(sc) and also in b.r. ltd. v. v.p. gupta, cit : [1978]113itr647(sc) . the tribunal, in the instant case, found as a fact that all the tests laid down by the supreme court in the abovementioned decisions are satisfied. .....

Smt. Vidya Devi Vs. Cit

Court : Punjab and Haryana

Reported in : (1998)150CTR(P& H)365

..... tax and rs. 1,200 as interest chargeable under the scheme. simultaneously, she also made an application for issuance of certificate under section 68(2) of the finance act, 1997. vide annexure p3, the respondent refused to issue certificate to the petitioner on the ground that the disclosure of income relating to the assessment year 1961-62 ..... that the declaration of the income made in respect of the assessment year 196 1 -62 cannot be treated as valid under the scheme.3. chapter iv of the 1997 act contains detailed provisions relating to the scheme. section 63(b) contains definitions of various terms and expressions. section 64 lays down the method of charging ..... to disclose fully and truly all material facts necessary for his assessment or otherwise,then, notwithstanding anything contained in the income tax act or in any finance act, income-tax shall be charged in respect of the income so declared (such income being hereinafter referred to as the voluntarily disclosed income) at the .....