Court : Delhi
Reported in : [1972]84ITR616(Delhi)
..... did not have jurisdiction to do so.the last contention raised on behalf of the petitioner was that according to clause (c) of sub-section (2) of section 282 of the act, the impugned notice issued to the association of persons had to be addressed to the principal officer of the association, but as it was ..... mentioned in the impugned notices; or that any association or persons named in the impugned notice did exist. secondly, it was maintained that proceedings under section 147 of the act could not be initiated against the petitioner on the facts of this case. these contentions can conveniently be examined together before dealing with the other points ..... may, 1948. in october and december, 1948, it is further stated, that dalmia cement marketing company ltd. allegedly purchased 7,325 shares of madhusudan mills from national finance ltd. and national construction and development ltd. at a price which was considerably higher than the market rate. these shares were sold on january 19, 1951, to .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi658
..... been made and even though an application under that section is made after the expiry of the time prescribed by article 158 of the limitation act of 1908. reliance for this proposition is placed on a full bench decision of this court in prem sagar chawla v. messrs. security and finance (p) ltd 1 967 dlt 277. (18) another decision of ..... this court is a judgment of jagjit singh, j., in an original suit in m/s. installment supply private ltd. v. mohd. shabir khan and others where it was held that though an application for setting aside an award, on any of the grounds specified in section 30 of the act ..... by the afore-said decision of the full bench in prem sagar chawla's case. (21) the difficulty in the way of the petitioner, however, is that under section 33 of act, the existence and validity of the arbitration agreement itself can be challenged even though the award on the basis of a supposed arbitration agreement has been made and that .....
Tag this Judgment!Court : Delhi
Reported in : [1973]32STC213(Delhi)
..... was under the east punjab general sales tax act (46 of 1948). unlike section 11 of the bengal finance (sales tax) act, 1941, as extended to delhi, section 11 of the east punjab general sales tax act did not prescribe two periods of limitation. further, while sub-section (1) of section 11 of the delhi act provides, as stated earlier, that the commissioner ..... their sales could not be taxed.3. i have heard the learned counsel for the parties.4. the first contention has no merits. the bengal finance (sales tax) act, 1941 (hereafter called the 'act') was extended to delhi by means of notification no. s. r. o. 615 dated 28th april, 1951, issued by the central government in ..... , 1951, made by the chief commissioner, are inoperative and illegal because they were not laid before each house of parliament as required by sub-section (4) of section 26 of the extended act.(4) that the assessment order, in any view, is vitiated because the assessment was not made within 18 months after the expiry of the .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi456
..... payable in respect of any arising or accruing from which would be chargeable to tax under schedule d but for the proviso to paragraph 1 of the schedule'. section? of the income-tax act with its explanationns contains provisions which are entirely different. in the case before the house of lords, the assessed, an employee of the imperial chemical industries ..... tribunal on the ground that the house-rent allowance was a perquisite as well as profit in lieu of or in addition to salary and hence taxable under section 7(1) of the act. the tribunal held that the house-rent allowance under consideration was profit in lieu of or in addition to the salary within the meaning of clause (ii ..... of house allowance in this case is under an office memorandum no 6(1) est.(spl.)/47 dated the 31st july, 1947 issued by the government of india, ministry of finance, new delhi. under that memorandum, . gazetted officers of government of india are paid a fixed sum ranging between rs. 50.00 to rs. 100.00 in the pay .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi51B; [1972]84ITR451(Delhi)
..... the respondents or the tax payable upon a self assessment as contended by the petitioner. this section appears in chapter xxii-b of the act relating to tax credit certificates. this chapter comprises of sections 280y to 280ze and was inserted by the finance act, 1965 with effect from april 1, 1965. the petitioner is a public limited company and ..... respect of income-tax to which the company is entitled under the provisions of this act or the annual finance act and after deducting from such amount of income-tax.- (a) the amount of additional income-tax if any, payable by the company under the provisions of section 104; and (b) (i) in respect of the assessment year commencing on ..... the 1st day of april, 1965, the amount, if any, by which the rebate of income-tax admissible to the company under the provisions of the finance act, 1965 (x of 1965), is, under the provisions .....
Tag this Judgment!Court : Delhi
Reported in : 1971RLR29
..... he further contends that the said article 158 prescribed the period of limitation only for applications made under section 30 of the arbitration act. reliance is placed on a full bench decision of this court in prem sugar chawla v. messrs security and finance (p) ltd. 1967 d.l.t. 277 wherein it was held :- 'theexistence and validity of ..... referred 13 the arbitration of the person named in the said arbitration clause, who gave an award on'17th august, 1963. an application under sections 14 and 17 of the arbitration act was made by the respondent requesting that the said arbitrator be directed to file the award with all the proceedings in the court and the ..... the arbitration agreement, thereforee, may be challenged by an application under section 33 even though award on the basis .....
Tag this Judgment!Court : Delhi
Reported in : ILR1971Delhi556; [1972]84ITR822(Delhi)
..... incentive for increased production. the above scheme was made by the central government in exercise of the powers conferred by section 280-ze read with section 280-zd of the income-tax act, 1961 which had been inserted by the finance act, 1965, for the year 1965-66, with which we are concerned, the excise duty for cement levied under ..... collection of the duties of excise on such goods under that act or those rules.' now chapter xxi 'b entitled 'tax credit certificates' covering sections 280y to 280ze was introduced in the income-tax act by section 62 of the said finance act, 1965 sub-sections (1) and (2) and (6) of section 280zd, which deals with tax credit certificates in relation to ..... the central excises and salt act, 1944 (hereinafter, for the sake of brevity, referred to as 'the excise act') was rs. 23.60 paise per tonne. as per section 80 of the finance act of 1965, a special duty of excise equal to twenty per cent of the total .....
Tag this Judgment!Court : Delhi
Reported in : [1972]84ITR811(Delhi)
..... incentive for increased production. the above scheme was made by the central government in exercise of the powers conferred by section 280ze read with section 280zd of the income-tax act, 1961, which had been inserted by the finance act, 1965. for the year 1965-66, with which we are concerned, the excise duty for cement levied under the ..... collection of the duties of excise on such goods under that act or those rules.'new chapter xxiib entitled 'tax credit certificates' covering sections 280y to 280ze was introduced in the income-tax act by section 62 of the said finance act, 1965. sub-sections (1), (2) and (6) of section 280zd, which deals with tax credit certificates in relation to ..... central excises and salt act, 1944 (hereinafter, for the sake of brevity, referred to as 'the excise act') was rs. 23.60 per tonne. as per section 80 of the finance act of 1965, a special duty of excise equal to twenty per cent. of the total .....
Tag this Judgment!Court : Delhi
Reported in : [1973]30STC88(Delhi)
..... last about 150 years. on receipt of a complaint that the assessed was doing business in contravention of section 7, read with section 4(2) of the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, herein called the act, an enquiry was instituted by the authorities in 1961. the business premises of the firm were visited ..... petitions before the additional district judge, delhi, met the same fate. the assessed then applied to the lt. governor of the union territory of delhi under section 21(1) of the act, with a prayer to refer to this court certain questions of law, which, according to it, arose out of the order of the learned additional district judge ..... as the gross and taxable turnover for each year.3. the assessed contended that the sale of parched rice, gram and dal was not taxable as under section 6 of the act they were tax-free goods, being included in the category of 'all cereals and pulses including all forms of rice', which is item 1 in the list .....
Tag this Judgment!Court : Delhi
Reported in : ILR1972Delhi725
..... and bye-laws made there under, or of which payment is duly directed, sanctioned or required by or under any of the provisions of the act. sub-section (2) of the said section provides that such monies shall likewise be applied in payment of all sums payable out of the municipal fund under any other enactment for the time ..... to levy the taxes show that the taxes are to be levied only for the discharge of various civic functions, particularly the obligatory functions mentioned in section 42 of the corporation act, and thereforee the discharge of the various functions and the provision of civic amenities and conveniences is a condition precedent for the levy of the taxes. ..... based really not upon the costs incurred by the government but upon the benefit that the individual receives. in such cases, according to all the writers on public finance the tax element is pre-dominant, and if the money paid by license holders goes for the up keep of roads and other matters of general public utility, .....
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