Court : Madhya Pradesh
Reported in : (2006)200CTR(MP)577; [2006]285ITR393(MP); 2006(1)MPLJ199
..... (annex. p/5) dt. 26th march, 1999 and third consolidated order (annex. p/6) dt. 7th june, 1999. therefore, as per provision under s. 90(2) of the finance act and kvss, for all the seven years, he deposited the demanded tax within 30 days and he prayed for correction of the mistake which was apparent on the face of ..... certificates (annexs. p/7 and p/8) for full and final settlement of tax arrears as per provisions under s. 90(2) r/w s. 91 of the finance (no. 2) act, 1998, in respect of kvss. granting immunity certificate subject to the provisions contained in the scheme instituting any proceedings for prosecution for any offence under the ..... between the parties is that the petitioner is carrying on the business in the name and style of 'poonam oil industries' in indore town. the respondent no. 1 introduced finance bill, no. 2 of 1998, regarding settlement of income-tax dispute called as kvss. the petitioner, as per the provisions of kvss, submitted declaration prior to the stipulated date .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1961MP257
..... , the question arose whether the sum paid for the dinner was a payment for admission to an entertainment within the meaning of the finance (new duties) act, 1916 (6 geo. 5, c. 11). the finance (new duties) act, 1916, defined the expressions 'entertainment', 'admission to an entertainment', 'payment for admission' and 'proprietor' in the same language as ..... 25 per cent of the total admission fee'. the petitioners contend that the display arranged by them was not an 'entertainment' within the meaning of section 2 (b) of the act; that the token of rs. 2/- obtained by a visitor in the evening was not by way of any payment for admission to entertainment; ..... has been used in the act before us. sub-section (1) of section 1 of that act was as follows : 'there shall, as from may 15, 1916, be charged, levied, .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2004)189CTR(MP)136; [2004]270ITR65(MP)
..... matter of j.p. tobacco products (supra) this court has been pleased to hold as under :'sub-section (9) of section 80hh, as it stood prior to insertion of section 80i by the finance (no. 2) act, 1980, w.e.f. 1st april, 1981, originally included only section 80j. section 80j providing for deduction in respect of the profits and gains from newly established industrial undertakings or ..... -i was inserted in its present form by the finance (no. 2} act, 1980, w.e.f. 1st april, 1981 and by the same finance (no. 2) act, section 80hh(9) was amended and the words 'section 80i or' were inserted to make the said provision applicable to section 80i as well. however, no provision was made in section 80i provide for deduction of the gross total income .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1981MP62; 1981MPLJ175
..... or on a calling. the enhancement was struck down by their lordships and this is what their lordships held : 'section 78, empowering property tax levy, falls in part iii (taxation and finance), while section 321, relating to licence fees, is located in part vi. the scheme thus separates issue of licences and levy of ..... speaks with more precision and relegates licences aud licence fees to a part different from taxation and finance. the procedure for each is also delineated separately. for these reasons it cannot be said that 'fee' in section 321 (2) is a tax. the plea that section 321 (2) lends itself ..... licence fees from taxes on porperty and other items. prima facie, in the absence of other compelling factors,--to lug in a taxing provision into part vi may, therefore lead to obscurity and confusion. the madras act .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (1987)66CTR(MP)207
..... its production in the next year i.e. 1971-72 and it was at the stage of construction, erection and installation in the earlier assessment years. sec. 28(i) of the act provides that the following income shall be chargeable to income tax under the head 'profits and gains of business or profession'.(i) the profits and gains ..... to utilise the waste material of the mill as a raw material for manufacturing straw boards. for this purpose, the assessee borrowed capital from the m.p. state finance corporation and started constructing, erecting and installing the straw board factory. in fact, this is only expansion of the existing business of the assessee and it is not ..... a factory to utilise the waste product of the rice and dal mill for manufacturing straw boards and for that purpose took a loan from the m.p. state finance corporation. the factory actually started production in the asst. yr. 1971-72, which means, in the assessment years in question, the factory had not commenced its production .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]225ITR427(MP)
..... . civil case no. 120 of 1989 and question no. (ii) in misc. civil case no. 578 of 1992 may be considered in these two cases.8. section 171(9) of the act, inserted by the finance (no, 2) act, 1980, with effect from april 1, 1980, provides as under :' (9) notwithstanding anything contained in the foregoing provisions of this ..... section, where a partial partition has taken place after the 31st day of december, 1978, among the members of a hindu undivided family hitherto assessed as undivided, -- (a) no ..... and any finding recorded under sub-section (3) to that effect whether before or after the 18th day of june, 1980, being the date of introduction of the finance (no. 2) bill, 1980, shall be null and void ; (b) such family shall continue to be liable to be assessed under this act as if no such partial partition .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1996(0)MPLJ53
..... supervisory control of the government of india, neither there is any control of the internal management of the society and its business nor the society is fully financed by the government of india. its activities and programmes are connected with coordination, 'research and training which are not wholly related to the governmental functions, ..... could be appropriate to look at the back history of the icfre which is not much in controversy.11. forest research institute was established in the year 1978 as a chemical laboratory attached to the forestry school, known as imperial forest research institute and college. after independence the institute was taken over by the ..... of agricultural research (icar) which was a society registered under the societies registration act, observed that substantially when it was set up was an adjunct of the government of india and had not undergone any noteworthy change. it was wholly financed by the government of india. its budget was voted upon a part of .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : [1997]227ITR81(MP); 1997(2)MPLJ138
..... the sale of agricultural lands did not amount to capital gains within the meaning of the income-tax act, 1961 ?'4. meanwhile the act was amended and an explanation was inserted below the proviso in sub-section (1a) by the finance act, 1989, with retrospective effect from april 1, 1970. the petitioner has now filed this writ petition ..... for agricultural purposes, even though it may be situated in an area within municipal limits. the act was thereafter amended by inserting the explanation to clause (1a) of section 2 with retrospective effect from april 1, 1970, by the finance act, 1989, with a view to effectuate the levy of tax on capital gains arising from ..... (b) of sub-clause (iii) of clause (14) of this section.' 5. (explanation inserted by the finance act of 1989, with retrospective effect from april 1, 1970).'capital asset' has also been defined under section 2(14), sub-clause (iii), which is relevant for our purposes. section 2(14)(iii) reads as under : 'agricultural land in india, not .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : (2003)184CTR(MP)349; [2004]270ITR314(MP)
..... previous years. it is pertinent to state that the major part of this provision has been amended by the finance act, 2002, giving retrospective effect w.e.f. 1st july, 1995. if the provisions so inserted in main sub-section (1) and sub-section (c) are read conjointly it would be graphically clear that in respect of a block period assessment, ..... been filed, as nil, in cases not falling under clause (c);' 4. it is pertinent to state here that the aforesaid provision came on the statute book by the finance act, 2002, w.e.f. 1st july, 1995. by virtue of this amendment, much confusion which had remained earlier really got cleared and the picture was frescoed without any ..... the block period of which the assessment was made under chapter xiv-b was for the assessment years, namely, 1986-87 to 1996-97. a notice under section 158bc of the act was issued and the assessee furnished a return of income on 8th july, 1996, declaring undisclosed income at rs. 4,04,959. the assessee further furnished another .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 1987(11)ECC116; 1987(10)LC645(MP); 1992(61)ELT558(MP)
..... of appeals and thereafter the remedy of approaching this court by a reference and then a further appeal to the supreme court as provided in the act by extensive amendment of section 35 of the act by finance act no. 2 of 1980 which was brought into force from 11th october, 1982. in view of the fact that all these remedies are available ..... assessable goods computed in accordance with section 4(4)(d) of the act. apparently this contention of the petitioner is yet to be decided on merits and the only thing done so far by which the petitioner is aggrieved, ..... rent of the cylinders' is to be included in the assessable value of the goods as the packing material while computing the value in accordance with section 4 of the central excises and salt act, 1944. the petitioner's contention is that this amount of rent recovered by it for the cylinders cannot be included in the value of the .....
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