Court : Punjab and Haryana
Reported in : 2005ACJ1178; (2005)139PLR230
..... in the said case was as to whether the difference of ten per cent between an industrial company and other companies in the levy of income tax, provided in the finance act, 1966 is to be construed a 'rebate' or 'relief in the payment of any direct tax, for the development of an industrial for the purposes of section 7 ..... vehicle of any specified class. chapter-ii of the act refers to licensing of drivers of motor vehicles. under section 3 of the said act, it is mandatory that before a motor vehicle can be driven, the driver must, have a driving licence. the driving ..... of both the above said definitions would show that while a driver means and includes who acts as the steersman of the vehicle but the driving licence has to be obtained and means that it should be issued by the competent authority under chapter ii authorizing the person specified therein to drive the vehicle other than a learner, motor .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)199CTR(P& H)466; [2005]278ITR470(P& H)
..... for the assessment year 1979-80, the division bench held in favour of the assessee, on the basis of the retrospective amendment to section 28 of the act by the finance act, 1990, making such receipts taxable as business profits. on appeal to the supreme court :held, reversing the decision of the high court, that the provisions ..... 80ia in the normal computation of income. this has been done to comply with the provisions of section 80a(2) which says that aggregate amount of deductions under chapter vi-a shall not, in any case, exceed the gross total income.(ii) however, while computing under section 115ja, the assessee has reduced profits under section ..... v. cit : [1991]190itr275(kar) reversed.sterling foods v. cit : [1984]150itr292(kar) approved.cases referred to :(1) cambay electric supply industrial co. ltd. v. cit : [1978]113itr84(sc) ;(2) cit v. wheel and rim co. of india ltd. : [1977]107itr168(mad) ;(3) national organic chemical industries ltd. v. collector of central excise : 1997( .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... its own heritage and traditions. the state of kerala, for the proper administration of gurvayoor, enacted the gurvayoor act, 1978. the management of the temple is, thus, carried out in accordance with the provisions of the said act. respondent no. 1 sent a letter to one of the judges of the high court of kerala alleging ..... principle was given regarding the amendment of punjab police service rules, 1959 and the creation of the additional posts. however, it was felt that since the finance department and personnel department have not expressed their views regarding these amendments and legal remembrancer has also not vetted the draft, therefore, a committee of officers under ..... of equality in public employment, which has been guaranteed as a fundamental right. part xiv of our constitution has devised a complete mechanism in chapters i and ii thereof. chapter 1 deals with the post appointment issues, namely, the conditions of service for persons serving the union or a state, tenure of an employee .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]278ITR559(P& H)
..... vide order dated april 18, 1988.4. it is at this stage that the petitioner filed this writ petition challenging the vires of the provisions of chapter xx-a of the act under which proceedings had been initiated.5. in the written statement filed on behalf of the respondent, it has been pointed that in pursuance of the ..... 15 per cent, proceedings for acquisition were initiated by issue of a notice under section 269d of the act. the assessee filed objections to the acquisition proceedings which were rejected by the competent authority and vide order dated march 31, 1978, the acquisition of the said property was ordered.2. aggrieved by the said order, the petitioner ..... tax appellate tribunal, chandigarh bench (for short 'the tribunal') which was allowed vide order dated july 28, 1978, and the acquisition order was set aside on the ground that the mandatory provisions of section 269d(2) of the act had not been followed.3. the revenue filed an appeal against the order of the tribunal in this court .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)198CTR(P& H)691; [2005]277ITR469(P& H); [2006]152TAXMAN120(Punj& Har)
..... , chandigarh bench, chandigarh (for short 'the tribunal'), has referred the following question of law arising out of its order dated june 12, 1984, relating to the assessment year 1978-79, for the opinion of this court:'whether on the facts and in the circumstances of the case, the appellate tribunal was right in law in allowing credit for tax ..... dividend income was in favour of the state government, no tax was required to be deducted at source as the state government is not assessable under the income-tax act. considered thus the companies deducting tax at source have deducted the tax which was not required to be deducted. the burden of the tax deducted at source has entirely ..... . the assessee, however, claimed that it was the sole owner of the shares out of which it paid to the state government the share of dividend received as finance charges. however, this contention was not accepted by the assessing officer who observed that according to the provisions of section 199 of the income-tax .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)191CTR(P& H)103; [2005]274ITR17(P& H)
..... . 89,228 along with interest due thereon on account of excess payment recovered from him under the kar vivad samadhan scheme, 1998 (for short 'the scheme'), enacted under chapter vi of the finance (no. 2) act, 1998 (for short 'the act').2. the petitioner had filed a declaration dt. 14th dec., 1998 (annex. p-2), under section 89 of the ..... act, in respect of disputed tax arrears on account of tax, interest and penalty for the asst. yr. 1995-96 in respect of which appeal was pending before cit(a), ..... faridabad. on the basis of the said declaration, cit, rohtak, the designated authority, issued a form of certificate of intimation under section 91 of the act, dt. 23rd feb., 1999 (annex. p-3). this intimation was accompanied by the calculations whereby the disputed amount of tax arrears were determined at rs. 17,36,754, .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]124CompCas201(P& H); (2004)4CompLJ288(P& H); [2004]55SCL165(Punj& Har)
..... 2 scc 779. the respondent through a writ petition filed in this court had challenged the vires of section 24 of the finance act, 1969, by which an amendment was made to the provisions of the wealth tax act, 1957, to include the capital value of agricultural land, for computing 'net wealth', inter alia, on the ground, ..... scheme of the respondent-company was a 'prize chit' within the meaning of section 58a 2(e) of the prize chits and money circulation schemes (banning) act, 1978. it would be pertinent to mention that the appellant, by treating the endowment scheme of the respondents as a 'prize chit', desired to regulate the same, under ..... is permitted to attract deposits from the public generally described as gullible simultaneously, an obligation is imposed to keep an infinitesimally small portion of assets as liquid finance available for meeting the obligations, namely repayment of deposits maturing in a given year, it cannot be said that this constitutes deprivation of company's fund. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)198CTR(P& H)407; [2005]272ITR54(P& H)
..... aggregate average advances made by the rural branches computed in the prescribed manner whichever was higher. however, an amendment to section 36(1) of the act was introduced in parliament by the finance bill, 1985, whereby deduction was enhanced to 10 per cent, of the profit or 2 per cent, of the aggregate average advances made by ..... outside india] or a non-scheduled bank, an amount not exceeding ten per cent, of the total income (computed before making any deduction under this clause and chapter vi-a) or an amount not exceeding two per cent, of the aggregate average advances made by the rural branches of such bank, computed in the prescribed ..... that making of provision equal to the amount claimed as deduction in the account books is necessary for claiming deduction under section 36(1)(viia) of the act. the tribunal has distinguished various authorities relied upon by the assessee wherein deductions had been allowed under various provisions which also required creation of reserve after the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)191CTR(P& H)381; [2004]269ITR78(P& H)
..... evading assessee would try to inflate the cost to reduce the profits.(xvii) it was submitted that taking into account the objections, ingredients and requirements of chapter xx-a of the income-tax act, 1961, the initiation of proceedings for acquisition are wholly misplaced, misconceived and contrary to ordinary principles of reason and logic. therefore, there cannot, on ..... in i. t. a. no. 1 of 1989 from which the facts have been taken for the purpose of this order.3. the respondent--m/s. ansal housing finance and leasing company limited, vide sale deed registered at serial no. 760 dated may 13, 1986, purchased five bighas, eight biswas of land situated in village chakkarpur, tehsil ..... one where highest value had been declared. similar was the decision of the hon'ble punjab and haryana high court in the case of cit v. mohan singh [1978] 112 itr 430.m/s. unitech limited (south city) are small coloniser of the area unlike the transferee. they have also purchased the pieces of land showing .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2004)136PLR753
..... s a tribute to the national hero mr. bhagat singh, whose very name evokes pride, love and above all patriotism. bhagat singh had left behind him a glorious chapter in pages of indian history. he had fought to set his country free and to reform it even at the cost of his life. he was not a soldier ..... certification for adults or family and other allied matters, are not relevant for the purpose of deciding the controversy in issue. the guidelines spelled through notification dated 7.1.1978, and as extracted above, are quite exhaustive and appear to be dealing with almost all aspects that need to be done or omitted to be done. surely before the ..... and which do not make any dent on the patriotic image of shaheed bhagat singh and his associate freedom fighters. the respondents have relied upon section 5b of the act of 1952 to assert that notification of government of india, ministry of information and broadcasting dated 6.12.1991, giving guidelines to the board of film certification before .....
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