Judgment Search Results Home > Cases Phrase: finance act 1978 section 19 amendment of section 155 Court: patna Page 6 of about 306 results (0.233 seconds)

Fusion Engineering Products Limited Vs. State of Bihar and ors.

Court : Patna

..... respective notices in the government treasury at jamshedpur from the account of the petitioner, towards payment of its sales tax dues, in purported exercise of powers under section 27 of the bihar finance act, 1981. cwjc no. 3221 of 1997 (r) relates to the period 1989-90 and the amount involved in rs. 15 lacs. cwjc nos. 3222 ..... of section 22 of the said act dues against a sick industrial company cannot be recovered by coercive means until the period envisaged in the rehabilitation scheme is over.3. it may be stated at the outset that against the assessment orders with respect to sales tax liability passed by the assessing authority under the bihar finance act, 1981 ..... separate writ petition being cwjc no. 3033 of 1997 (r) which was disposed of by this court directing the petitioner to seek alternative remedy under the bihar finance act. it was stated in course of hearing that in the light of the said order of this court the petitioner has filed revision before the commissioner of commercial .....

Nagendra Prasad Vs. Commissioner of Commercial Taxes and ors.

Court : Patna

..... liquor and spiced country liquor and in case discount has been allowed then steps should be taken to file revision before him under the provisions of section 46(4) of the bihar finance act, 1981.3. in view of the nature of challenge to the notification, it is not necessary to state facts in detail. the only ..... commissioner of commercial taxes has no power to issue direction to the assessing authority under the provisions of the bihar finance act, 1981 (hereinafter referred to as 'the act') and the rules, who exercises quasi judicial power under the act.4. learned counsel appearing for the state, on the other hand, submitted that the commissioner has already clarified ..... board can issue is that relating to administrative matters ; otherwise that rule will have to be considered as ultra vires section 35 of the act.'8. as stated above, under the provisions of the act and the rules the commissioner of commercial taxes is not authorised to issue any direction to the assessing authority in the .....

Sanju Lampu and anr. Vs. State of Bihar and ors.

Court : Patna

..... this common order. 2. both the writ petitions relate to the seizure of truck carrying lottery tickets and the passing of an order of penalty in terms of section 31(3) of the bihar finance act, 1981. 3. in c.w.j.c. no. 5582 of 1992 the petitioner is the driver of a truck bearing registration no. wb-37-1107 which ..... ) and 31(2)(a) of the bihar finance act. on the next day june 18, 1992 an order was passed in purported exercise of power under section 31(3) of the act imposing penalty amounting to rs. 15,13,712,10. 4. c.w.j.c. no ..... alongwith the lottery tickets loaded on it was seized on june 17, 1992 on the orders of the deputy commissioner of commercial taxes, intelligence branch, patna division, patna, under section 31(1 .....

Arun Kumar Vs. State of Bihar

Court : Patna

..... the bihar sales tax rules, 1983 (hereinafter referred to as 'the rules') and restraining the respondents from taking any steps including the proceeding under section 17(5) of the bihar finance act, 1981 for realisation of the sales tax for the aforesaid period.2. subsequently, the petitioner also challenged the order dated july 31, 1999 ..... district of patna which falls within the jurisdiction of city west circle. he is registered under section 14 of the bihar finance act, 1981 (hereinafter referred to as 'the act'). the petitioner is also registered under the central sales tax act.4. the state government by notification dated december 26, 1977 had exempted the country liquor for ..... the aforesaid submissions, it is relevant to make reference to the relevant provisions of the finance act and the rules which has important bearing on the question in the controversy.15. section 3 of the act is a charging section and it provides that the sales tax or purchase tax shall be paid by every dealer .....

Bhagwan Singh and Others Vs. Union of India and Others.

Court : Patna

..... obligation on the seller to collect income-tax at source had been provided under section 206c of the act read with section 44ac thereof. the finance act, 1992, has deleted section 44ac and sub-section (1) to section 206c has been substituted by a new sub-section.the present set of cases are governed by the provisions as they existed till ..... those provisions."yet recently in jaishree traders v. union of india [1993] 2 pljr 80 this court held as follows :"section 44ac and 206c were inserted in the act by the finance act, 1988. under section 44ac, the legislature had devised a notion of presumptive income, i.e., income deemed to accrue by conclusive presumption of ..... question of validity of the said provision is still pending consideration before the supreme court. in the meantime, by the finance act, 1992, section 44ac has been deleted from the statute book and section 206c has been substituted, making it self-contained. the effect of this amendment is that the concept of presumptive income .....

Bhagwan Singh and ors. Vs. Union of India (Uoi) and ors.

Court : Patna

..... obligation on the seller to collect income-tax at source had been provided under section 206c of the act read with section 44ac thereof. the finance act, 1992, has deleted section 44ac and sub-section (1) to section 206c has been substituted by a new sub-section;the present set of cases are governed by the provisions as they existed till 31st ..... 10. yet recently in jaishree traders v. union of india [1993] 2 pljr 80 this court held as follows : 'sections 44ac and 206c were inserted in the act by the finance act, 1988. under section 44ac, the legislature had devised a notion of presumptive income, i.e., income deemed to accrue by conclusive presumption of law ..... question of validity of the said provision is still pending consideration before the supreme court. in the meantime, by the finance act, 1992, section 44ac has been deleted from the statute book and section 206c has been substituted, making it self-contained. the effect of this amendment is that the concept of presumptive income for .....

Chetna Enterprises Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD257(Pat.)

..... until and unless income results from such borrowing and further such income exceeds the chargeable limit prescribed from year to year as per finance act of each year passed by the legislature. the provisions of section 68 says that if a person fails to explain satisfactorily, at the time of finalisation of the assessment, source of the ..... is, therefore, under no obligation to file a return as provided in section 139 declaring or disclosing the loan amount until and unless income results from such borrowing and further such income exceeds the chargeable limit prescribed from year to year as per finance act of each year passed by the legislature.... similarly, if any amount is ..... on by a mutual insurance company or by a co-operative society, computed in accordance with section 44 or any surplus taken to be such profits and gains by virtue of provisions contained in the first schedule; (viii) omitted by the finance act, 1988, w.e.f. 1-4-1988. originally sub-clause (vii) was inserted by .....

Commissioner of Income-tax Vs. Maqbool Alam and Company

Court : Patna

..... the powers of the commissioner under this sub-section shall extend and shall be deemed always to have extended to such matters as had not been considered and decided in such appeal.'7. it is obviously true that such explanation has been added by the amendment made by the finance act, 1989, but the amendment is retrospective in ..... the order of the commissioner of income-tax (appeals). against such fresh decision of the income-tax officer, the commissioner can exercise its jurisdiction under section 263 of the said act for the purpose of revising the order.10. therefore, for the reasons stated above, both the questions are answered in the negative and in favour ..... tax officer merged with the order of the commissioner of income-tax (appeals) and the commissioner of income-tax had no jurisdiction to pass orders under section 263 of the said act in respect of the assessment order.5. this court finds that the tribunal is obviously wrong. the commissioner of income-tax (appeals) did not decide .....

Commissioner of Income-tax Vs. Pawansut Cold Storage (P.) Ltd.

Court : Patna

..... case, the assessee-company running the cold storage could be held to be an industrial company for purposes of section 2(7)(c) of the finance act, 1973, and the first schedule thereto. section 2(7)(c) of the finance act, 1973, defined that industrial company meant a company which was mainly engaged in the business of generation or distribution ..... scientific examination might indicate loss of moisture content, that is not sufficient for holding that the stored articles have undergone a process within the meaning of section 2(7)(c) of the finance act, 1973. ' 11. taking the view following the supreme court decision as to what are the functions of the cold storage, we find ourselves ..... the investment allowance as claimed by the assessee as in his view the cold storage plant did not produce any article or thing as envisaged in section 32a of the act. 5. the appeal filed by the assessee was allowed by the commissioner of income-tax (appeals) and the appellate authority accepted the assessee's .....

Mukesh Kumar and ors. Vs. Commissioner of Income-tax and ors.

Court : Patna

..... so far as they relate to any matters other than those before the settlement commission.(5) omitted by the finance act, 1987, with effect from june 1, 1987.(6) omitted by the finance act, 1987, with effect from june 1, 1987.(7) the settlement commission shall, subject to the provisions of this chapter, have power to regulate its ..... before the income-tax appellate tribunal. while the appeal was pending the income-tax department filed a complaint against the assessee for the offence under section 277 of the act and other sections of the indian penal code with regard to the assessment year 1963-64. the appeal was finally decided in favour of the assessee regarding ..... been established nor was likely to be established for the assessment year 1980-81 and the order of settlement yet to be passed by it under sub-section (4) of section 245d, during which period the verdict of 'no concealment of income' having been given by the settlement commission against the commissioner of income-tax rendered the .....