Court : Chennai
Reported in : [1975]99ITR494(Mad)
..... section 280t which contemplated initiation of recovery proceedings in relation to annuity deposit amounts having been deleted with effect from april 1, 1967, by section 32 of the finance act of 1966, no annuity deposit could be recovered on or after april 1, 1967, and by the omission of section 280t the entire machinery for enforcement and ..... of the payment of annuity deposit contending that a legal representative cannot be held liable to pay the annuity deposit when the depositor under chapter 22-a of the income-tax act was dead, and that, in any event, section 280t which contemplated initiation of recovery proceedings in relation to annuity deposits having been ..... deposits already accrued or the right to recover the same. the petitioner's counsel is, therefore, not right in his submission that the provisions contained in chapter 17-d cannot be resorted to for recovery of annuity deposits. section 159 specifically states that where a person dies his legal representative shall be liable to .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1975Cal337
..... presumably the grounds mentioned in the notice under section 124 are formulated by making prima facie inference. as a result of an investigation of chapter xiii of the customs act. a charge once issued however becomes part of a quasi judicial proceeding. i fail to see how framing of such charge by an officer ..... initiation of a proceeding without involving any judicial determination. the para. 15, chap. iii of the adjudication manual, 2nd edition, govt. of india, ministry of finance. central board of excise and customs, 1970 specifies the authority to issue show cause notices. the same contains observations that there was no legal objection to the issue ..... was lawfully initiated. the learned advocate for the petitioners also made a grievance that the additional collector of customs by passing the ex parte order had acted in violation of the principles of natural justice. after the petitioners showed cause to the additional collector of customs they had prayed for adjournment of adjudication .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2193; (1975)2SCC497; [1976]1SCR333
..... a variety of considerations. of course, when drafting precision is absent, judicial caution has to be alerted.11. to recapitulate, in the madras act. chapter vi of part hi is devoted to taxation and finance. section 78(1) (a) authorizes levy of property tax. the section sets out the other taxes a municipal council may levy. section ..... in the sense that a power to tax is oddly placed in a chapter primarily concerned with licenses and permissions. the madras act. on the other hand, speaks with more precision and relegates licenses and license fees to a part different from taxation and finance. the procedure for each is also delineated separately. for these reasons ..... may, therefore, lead to obscurity and confusion.8. the calcutta municipal act 1951. also has some scheme of sorts and deals with finance in part iii. taxation in part iv and public health, safety and convenience in part v. in the same part, chapter xxvi deals with a miscellany of matters like inspection and regulation of premises .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1976Cal142
..... other chapters deal with other incidental matters. the bengal wakf act, 1934, provides definitions of ..... and the appointment of the commissioner. chapter iii deals with the function of the commissioner and the board. chapter iv deals with the enrolment of wakfs. chapter v deals with the wakf accounts. chapter vi deals with the statements of wakfs-al-al-aulad; chapter vii deals with the transfer of property. chapter viii deals with mutwali. chapter ix deals with finance. chapter x deals with judicial proceedings and .....
Tag this Judgment!Court : Kerala
Reported in : (1976)5CTR(Ker)214
..... 8 t.c. 663 at 669) where the facts are as follows : the assessee-company'persisted in seeking for business - business which, if they got, they would have had to finance some how and to carry out which they would have had to acquire plant and workmen whether the business was in this country or elsewhere. but they did not get ..... the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this chapter, be carried forward to the following assessment year, and -(i) it shall be set off against the profits and gains, if any business profession carried on by him and ..... . on appeal by the assessee, the tribunal confirmed the above direction of the additional commissioner.4. we shall now read the relevant portion of section 72 of the income-tax act.'72. (1) where for any assessment year, the net result of the computation under the head 'profits and gains of the business or profession' is a loss to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC417; (1976)1SCC843; [1976]3SCR1; 1976(8)LC302(SC)
..... done or proceeding taken under this act ..... to appoint the district magistrate of gorakhpur as the chairman of the gorakhpur improvement trust and others as trustees of it.chapter ii of the act of 1919 dealing with constitution of trusts, begins with section 3, which reads as follows:3. creation and incorporation ..... chapter iv deals with improvement schemes. chapter vi deals with acquisition and disposal of land. chapter vii deals with finance. chapter viii with framing of rules, and chapter ix with procedures and penalties. chapter x, which is the last chapter, deals with certain supplementary provisions among which is section 100 providing as follows:100. validation of acts and proceedings.-(1) no act .....
Tag this Judgment!Court : Kolkata
Reported in : [1977]39STC246(Cal)
..... hereinbefore on 16th january, 1974. there was a fresh certificate of incorporation in favour of coal india limited on 21st october, 1975. section 17 of the bengal finance (sales tax) act, 1941, provides as follows :17. transfer of business. where the ownership of the business of a registered dealer is transferred absolutely by sale, gift, bequest, ..... a fresh assessment in accordance with law after giving the petitioner reasonable opportunity. if necessary, the respondent-authority will ensure compliance under section 21a of the bengal finance (sales tax) act, 1941, of such papers and documents that may be in the possession of the coal mines authority.15. with the aforesaid direction the rule is made ..... or group of coal mines specified in the second column of the schedule shall be given by the central government, in cash and in the manner specified in chapter vi, for the vesting in it, under section 3, of the right, title and interest of the owner in relation to such coal mine or group of .....
Tag this Judgment!Court : Gujarat
Reported in : AIR1978Guj226; [1978]115ITR824(Guj)
..... committee have also made a few suggestions on this subject in chapter iii of their report. the board have carefully considered the points involved and their decisions thereon are given below : point (i) : under clause (a) of the ..... of revenue had put too rigid and restrictive an interpretation on this provision, which is not in accord with the spirit of the assurance given by the finance minister. it does not, therefore, surprise us that the assessing officers have also taken an unduly narrow view in the matter and the genuine businessmen have ..... and suggestions have been received by the board from associations and chambers of commerce regarding the manner in which the provisions of section 24 of the income-tax act, particularly those of explanation 2 to sub-section (1) thereof, are being interpreted and applied by the income-tax officers. the direct taxes administration enquiry .....
Tag this Judgment!Court : Rajasthan
Reported in : 1976WLN251
..... section 32 of the finance act, 1964, that section provided that all particulars contained in any statement made return furnished or accounts or documents produced under the provisions of this act, or in any evidence given, or affidavit or deposition made in the course of any proceedings under this act, other than proceeding, under chapter xxii or in any ..... any documents pertaining to the period prior to april 1, 1964.with the omission of section 137 and amendment of section 138 of the income-tax act, 1961, by the finance act, the declaration of confidential nature of record, the embargo against a court requiring a public servant to produce such records or to give evidence before ..... office or for any records from the income-tax office or officer pertaining to the period from april 1, 1964, after section 137 of the act was omitted. after the finance act of 1964 was passed, the question of the commissioner of income-tax sitting in judgment over the summons issued by a court, calling for records .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC560; [1976]105ITR642(SC); (1976)4SCC562; [1977]1SCR638
..... of replacements is allowed as deductions in feu of depreciation in respect of certain assets. by the amendments made by the income-tax amendment act, 1946, the finance act, 1955 and the finance act, 1956 certain initial depreciation was allowed in respect of buildings newly erected or the machinery and plant newly installed. obviously, it was by way ..... to permit them to exceed the maximum limit provided therein. development rebate was provided in clause (vi-b) with effect from 1st april, 1955 by the finance act of 1955. there was an over-lapping period of about two years in relation to the allowance of initial depreciation or the development rebate. but as provided ..... had recommended in chapter vii, page 98 of vol.ii for assisting the expansion and development of productive enterprise by allowing them a proportion of new investment in fixed assets to be charged to current costs of production thereby permitting the taxable profits to be brought down to that extent. in the finance act of 1955 .....
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