Court : Allahabad
Reported in : 2004(3)AWC2127
..... certificate they have become potential owners and therefore, the application under section 21 of the act was not maintainable. the petitioners further contended that even though they had shifted their business to the transport nagar, their booking office continued to ..... and that the first floor would be used for residential purposes after reconstructing the premises in question. respondent no. 1 alleged that he has the requisite finance to reconstruct the premises and had further got the plan sanctioned from the relevant authorities.4. respondent no. 1 further alleged that the petitioners had shifted ..... deed and surreptitiously executed a sale deed in favour of respondent no. 1. the petitioners contended that petitioner no. 3, filed suit no. 458 of 1978 before the civil judge for specific performance of the contract for sale of the premises in question. the petitioners contended that by virtue of the sale .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]84ITR575(All)
..... assets for the assessee. in the circumstances the expenditure incurred by the assessee was a revenue expenditure and not a capital expenditure contemplated by section 10(2)(xv) of the act. according to him, the assessee has succeeded in showing that the expenditure was incurred inconnection with the business. it was neither a personal ..... existence. such expenditure must, therefore, be classed as capital expenditure. the tribunal was right in not treating the expenditure as permissible expenditure under section 10(2)(xv) of the act. '19. aforesaid observations made in the case of dewan sugar and general mills were quoted with approval in a subsequent division bench case of ..... pursuance of a development plan formulated by the state government under which various sugar factories in the state agreed tocontribute a portion of the funds needed for financing the scheme. in his opinion, as a result of the contribution made by the assessee under the scheme, no asset or advantage of an enduring .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]83ITR303(All)
..... provision operates harshly in those cases where a house is gifted by one member of the family to another. apparently to reduce its severity, the finance act, 1965, has since inserted the following further proviso in section 10 : ' provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother or sister, ..... the donor is referable not to any proprietary right in the property but merely to the relationship of husband and wife between the donor and the donee. 5. section 10 of the act, as it stood at the relevant time, provided: ' 10. gifts whenever made where donor not entirely excluded. property taken under any gift, whenever made, ..... that house any more for any purpose. we feel it a little difficult to accept such an unqualified submission. the language and the words of section 10 of the estate duty act quoted above indicate that it is the possession and enjoyment of the property which are the target. if they are not immediately assumed by the .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]83ITR309(All)
..... be said that property stands limited to or in trust for any persons by way of succession in england, settlement estate duty is payable under section 5(1) of the finance act, 1894. it is a duty on the principal value of ' settled ' property. what is ' settled ' property within the meaning of ..... section 5(1) is indicated by section 22(1)(i) of that act. it defines the expression 'settlement' to mean an instrument whether relating to real property or personal property, which is a ' settlement ' within the meaning of section 2 of the settled land act ..... that the wakf properties valued at rs. 3,61,939, mast be deemed to have passed on the death of the deceased under section 12, estate duty act, or, alternatively, under section 10 of that act. an appeal was preferred by the accountable person 1o the board, and the appeal was dismissed. the present reference has been made .....
Tag this Judgment!Court : Allahabad
Reported in : 1988(34)ELT627(All)
..... on between the two departments both reiterating their stand till the superintendent, central excise, nainital sent notice on 22.12.1980 under section 14 of the excise act, founded on government of india, ministry of finance (department of revenue and insurance) f. no. 35/28/75-tru dated 20th august, 1976 that sawn timber was in nature ..... timber and no new commodity came into existence. the conversion of logs into planks, beams etc. did not amount to manufacture as envisaged by section 2(f) of the central excise act. it is thus obvious that opposite parties were not justified in demanding excise duty on 'round or sawed' timber.4. learned standing counsel ..... and exploitation of forest produce, has approached this court for a direction to union of india restraining it and its officials from enforcing provisions of central excises and salt act, 1944 and demanding excise duty on 'round' or 'sawn' timber obtained from standing trees sold to it by state government. '2. dispute started when assistant .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1929All417; 117Ind.Cas.622
..... liable to attachment. that objection has, however, been overruled by the court below.2. it has been pointed out by the learned government advocate that under section 2, provident funds act, 1925, a compulsory deposit is notuntil the happening of some specified contingency, repayable on demand otherwise than for the purpose of the payment of premia & ..... that portion of the amount which is not affected by the attachment, assignment or encumbrance and shall obtain the orders of the government of india in the finance department as administrators of the fund regarding the disposal of the balance.7. it is argued that this rule legalises the attachment of the amount which accumulates ..... c.;and under section 3(1) of the same act a compulsory depositshall not in any way be capable of being assigned or charged and shall not be liable to attachment under any decree or, .....
Tag this Judgment!Court : Allahabad
Reported in : [1978]114ITR840(All)
..... is, therefore, not correct to say that the nature of the entitlement receipts was only a bounty.11. for the purposes of attracting clause (iv) of section 28 of the income-tax act, it is necessary that the benefit should arise from business. it would be seen that the advantage of receiving the entitlement originated from and was intimately connected ..... to give an import licence to another person if the assessee itself could not use it fully. this was a facility given for the purposes of avoiding and blocking heavy finances in import licence if the assessee itself could not afford to do it. in fact, the import entitlement by itself was a right. as a matter of fact, ..... under the head ' profits and gains of business'.5. consequent upon the decision of the income-tax appellate tribunal, the assessee filed four applications under section 256(1) of the income-tax act requiring the tribunal to draw up a statement of the case and to refer the questions of law to the high court for its opinion. as the .....
Tag this Judgment!Court : Allahabad
Reported in : 1978(2)ELT700(All)
..... reasons for rejecting the applications.6. the revising authority discharges judicial functions while deciding] the revision and the stay and waiver applications. the order under section 10(4) of the act is subject to scrutiny under articles 136 and 226 0f the constitution. the order as such must be a speaking order, and the decision given must ..... authority for stay of the disputed tax and also made an application for waiver of one-third of the disputed tax. this application was made under section 10(4) of the act. the additional revising authority rejected the application for waiver vide order which is in the following terms:-'heard the parties and gone through the papers. ..... or expediency [see mahabir prasad v. state of u.p.- air 1970 sc 1302 : tranvancore rayons ltd. v. union of india(uoi) - air 1971 sc 862 1978. absence of reasons vitiates the conclusions of a judicial authority. in the travancore rayons case the order passed by the government of india ran as under :-'government of india .....
Tag this Judgment!Court : Allahabad
Reported in : [1988]71STC493(All)
..... 2 of the table below, subject to the following conditions:--(1) the concession shall be admissible only to such karkhanedars as are registered under section 8-a of the u. p. sales tax act, 1948.(2) every karkhanedar seeding to obtain exemption shall, within three months of the commencement of the assessment year for which exemption is ..... some cases in gulli and silli both. the assessment years involved are up to the assessment year 1978-79. the various assessees had claimed exemption and had moved for the issue of exemption certificates under section 4 of the u. p. sales tax act. these applications were rejected by the sales tax officer. the assistant commissioner (judicial), however, ..... india has no statutory force and as such is not binding on the sales tax officer. it cannot, however, be denied that the ministry of finance, department of economic affairs, is intimately conversant not only with the policy of legislation for the purpose of implementation of the provisions of the central .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)AWC1709; 2005(1)ESC766
..... self-contained provision. the source of power of a court to make orders by way of interim measures is in section 9 of the act and there is no independent power de hors the provisions contained therein.14. in sundaram finance ltd. v. nepc india ltd., air 1999 sc 565, the hon'ble apex court held that a party ..... not been issued by the district collector. therefore, the apprehension of the learned counsel for the petitioner is unfounded.9. section 9 of the act corresponds to the provisions of section 41(b) of the arbitration act, 1940 (for short act 1940) read with schedule, wherein the court had power to grant interim reliefs for the purpose of and in relation ..... can approach the court even prior to commencement of the arbitration proceedings under section 21 of the act. there has been a complete departure in this respect if compared .....
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