Court : Punjab and Haryana
Reported in : (1996)132CTR(P& H)22; [1996]219ITR271(P& H)
..... said locality ...' 8. the stand taken by counsel for the department mr. r.p. sawhney, is that initiation of acquisition proceedings is complete under chapter xxa of the act by publication of notice to that effect in the official gazette whereas the stand taken by counsel for the respondent-transferees is that assumption of jurisdiction commences ..... the notice is served on the transferors/transferees. it was held that the notices on the transferors/ transferees were caused to be served only on january 19, 1978, which were beyond the statutory period of nine months and, therefore, the entire acquisition proceedings including the acquisition order passed by the competent authority were bad in ..... in the official gazette under section 269d(1) were caused to be served on the transferors on january 18, 1978, and on the transferees on january 19, 1978, as was required under section 269d(2)(a) of the act. proclamation by beat of drum and pasting of a copy of the notice on a conspicuous part of the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]218ITR541(P& H)
..... 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, of any business or profession carried ..... years 1976-77 and 1977-78.2. the assessee filed appeals to the appellate assistant commissioner who disposed of the appeals by a common order dated march 13, 1978. the appellate assistant commissioner held that though the firm had not dissolved it had ceased to carry on its business and the assessee had lost her right to carry ..... originally computed continued to be carried on by him in the previous year relevant for that assessment year ; and . . . .' on analysis of section 72(1) of the act, it emerges that an assessee has to satisfy four conditions, namely, (1) for carry forward of business loss should be the net result of the computation under the head 'profits .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1997)IIILLJ230P& H; (1996)112PLR720
..... in the official gazette. the enactments referred to in the schedule were as under:-(1) the industrial employment (standing orders) act, 1946. (2) the following chapters and sections ofthe industrial disputes act, 1947, namely:- i) chapter v a ii) section 33 cp2 iii) section 9a it is common ground between the parties that even though the management ..... beentaken over by it. reference 19 of 1977 was,therefore, partly decided in favour of themanagment and partly in favour of theworkmen. as regards reference 8 of 1978 thetribunal found that the industrial undertakingdid not earn any profit during the year 1975-76and therefore, the workmen were not entitled tobonus at the rate of 20% ..... 1977. the workmen also claimed bonus for the year 1975-76 at the rate of 20% and this dispute as referred was registered as reference 8 of 1978. the company through its new management terminated the services of 39 workmen who contested the same alleging that their termination was not justified. in addition, two .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1996)133CTR(P& H)392; [1996]220ITR7(P& H)
..... places in the saidlocality.' 6. a perusal of the aforesaid provisions would show that before the competent authority can proceed to acquire the property under chapter xx-a of the act, it is necessary to first initiate the proceedings for acquisition under section 269d(1) and this can be done by a notice to that effect ..... filed their objections on september 10, 1973, and october 5, 1973, respectively, and after hearing the parties, the competent authority made an order dated march 30, 1978, for acquisition of the property. it is common ground between the parties that the aforesaid shop-cum-flat had been rented out to kesar singh lamba and sons on ..... n.k. sodhi, j.1. this appeal filed by the commissioner of income-tax under section 269h of the income-tax act, 1961 (for short, 'the act'), is directed against the order dated october 21, 1978, of the income-tax appellate tribunal, chandigarh, whereby the order of acquisition passed by the competent authority acquiring the property in dispute .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1995CriLJ3801
..... suspension of shri r. c. kansal, a. g. ii (a/cs) and balwinder singh cashier was recommended. it was further recommended that officer either jm (v&s;) or jm (finance) may be deputed to enquire into the same. shri jit singh am was deputed to thoroughly check it and to go to the district office that very day after proper ..... is lacking in this case.9. karanail singh a.g. ii f.c.i. while appearing as pw 25 deposed that he remained posted in the accounts section since 1978 at f.c.i. office patiala; that in june, 1982 while preparing income-tax statement it came to his notice that there were certain discrepancies in the entries concerning ..... either in league with their co-accused, or, these two appellants had entered into criminal conspiracy with their other co-accused including r. c. kansal in committing the illegal acts of cheating and forgery and receiving illegal gratification for which they have been charged. rather from the evidence on the record it seems quite probable that both g. s. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1996]86CompCas842(P& H); (1995)109PLR662
..... b. and to the directors, called upon the company to convene the extraordinary general meeting. the operative part of it reads--'pursuant to section 169 of the companies act, 1956, we, budgam finance and investment co. pvt. ltd. holding 5,50,000 out of the total 5,50,050 paid up equity shares of bhankerpur simbhaoli beverages pvt. ltd., ..... had not come to the court with frank and full disclosure of facts. in this context, a full bench of this court in charanji lal v. financial commissioner, air 1978 p & h 326, held thus (headnote):'mala fide and calculated suppression of material facts which, if disclosed, would have disentitled the petitioners to the extraordinary remedy under the ..... held that the court should not be a party and extend help to a party who is playing fraud on the court. in udai chand v. shankar lal, air 1978 sc 765, special leave was obtained by making false and misleading assertions in the petition. the supreme court relying upon hari narain v. badri das, air 1963 sc .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [1995]82CompCas203(P& H)
..... and go for the export of the product of the company in a big way and as such the company needed finances. the company obtained finances from the firms, sethi finance company, sikri finance company and sachdeva finance company. all the said firms are the sole proprietorships and are in the control of the brothers-in-law and nephew ..... of the agreement or any part of it and where a difference has arisen to which the agreement applies. either of the parties, instead of proceeding under chapter ii, may apply to a court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in court. section 21 which is ..... kaur, his daughters, miss soniya and miss ramanjit kaur, as also his son, gurpreet singh, filed company petition no. 79 of 1987 under section 155 of the companies act, 1956, for rectification of the register of members. this petition was fixed against raghbir cycles private limited, raghbir singh and his sons, manjit singh, kanwaljit singh, paranjit .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1995CriLJ744
..... shyam lal v. state of madhya pradesh air 1972 supreme court 886 : (1972 cri lj 638), and in state of kerala v. alasserry mohammed air 1978 sc 933 : (1978 cri lj 925). in the said case, gold was seized by the police and the subsequent investigation was conducted by the customs authorities under the customs ..... the makers (quoted with approval in punjab beverages pvt. ltd. v. suresh chand 1978 (3] scr 370 : air 1978 sc 995:1978 lab ic 693.6. consequently, in the light of above guidelines of the apex court, a harmonious construction of the entire act should be kept in view while ascertaining the real intent of the legislature qua the ..... , and includes(1) financing directly or indirectly any of the aforementioned activities.(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities; and(3) harbouring persons engaged in any of the aforementioned activities.9. the provisions of section 4, of chapter ii of this act makes it obligatory upon the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (1994)106PLR535
..... decisions of the supreme court in shyam lal v. state of madhya pradesh, a.i.r. 1972 supreme court 886 and in state of kerala v. al asserry mohammed, (1978) 5 cr.l.t. 204 (s.c.). in the said case, gold was seized by the police and the subsequent; investigation was conducted by the customs authorities under ..... , thereunder, and includes(1) financing directly or indirectly any of the aforementioned activities.(2) abetting or conspiring in the furtherance of or in support of doing any of the aforementioned activities, and(3) harbouring persons engaged in any of the aforementioned activities.'9. the provisions of section 4 of chapter ii of this act makes it obligatory upon the central ..... statute by another part of the same statute, for that best expresseth meaning of the makers (quoted with approval in punjab beverages pvt. ltd. v. suresh chand, (1978) 3 s.c.r. 370) (a.i.r. 1978 s.c 1995).'.6. consequently, in the light of above guidelines of the apex court, a harmonious construction of the entire .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 1994(46)ECC56; 1995LC49(P& H); 1995(75)ELT735(P& H)
..... and steel.3. in the finance bill, 1986, a scheme called 'modvat' (modified value added tax) was introduced 'by which duty once ..... central government had issued the order dated march 1, 1986 indicating that the inputs as well as the final products specified in chapter 72 (like steel & iron) of the schedule to the central excise tariff act, 1985 shall qualify for the grant of credit under the modvat scheme. rule 57g prescribed the procedure which had to be ..... 3 of the central excises and salt act, 1944 (hereinafter referred to as 'the act') excise duty is leviable on all excisable goods which are produced or manufactured. the rate of duty has been specified in the schedule to the central excise tariff act, 1985 (as amended by the finance bill, 1986). chapter 72 of the schedule deals with iron .....
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