Judgment Search Results Home > Cases Phrase: finance act 1978 section 2 income tax Court: uttaranchal Page 3 of about 167 results (0.098 seconds)

Tata Elxsi Limited Vs. State of Uttaranchal

Court : Uttaranchal

Reported in : [2004]134STC403(Uttra)

..... other incidents of the tax as parliament may by law specify.' explanation omitted by the constitution (sixth amendment) act, 1956, section 4.sub-sections by the constitution (sixth amendment) act, 1956, section 4, for clauses (2) and (3).sub-sections by the constitution (forty-sixth amendment) act, 1982, section 3, for clause (3).(c) article 366(29a) of the constitution :' 4(29a) 'tax on ..... . v. assistant commissioner of commercial taxes [1970] 26 stc 354 at page 381 (sc)].(v) section 3-f of the u.p. trade tax act, 1948 levies tax on the right to use any goods. however, in the case of 20th century finance corpn. ltd. [2000] 119 stc 182 the supreme court has held that the states in exercise of ..... with section 3-f(2) of the u.p. trade tax act, 1948. he contended that the deemed sale was not an outside sale. he contended that the deemed sale was not a sale in the course of inter-state trade or commerce. he relied upon the judgment of the supreme court in the case of 20th century finance corpn. .....

Telecommunication Consultants India Ltd. Vs. Commissioner of Commercia ...

Court : Uttaranchal

Reported in : (2010)29VST265(NULL)

..... a controversy similar to the one in hand, came up for consideration before the high court of andhra pradesh in itc classic finance and services case (supra), wherein section 5e of the andhra pradesh general sales tax act, 1957 was applied to levy tax on the assessee. the division bench, while dealing with the issues canvassed, inter alia reasoned ..... provisions of article 286(1) of the constitution of india, as also the law declared by the apex court in 20th century finance corporation ltd.'s case (supra), specially while interpreting section 3-f of the trade tax act, 1948, inasmuch as, the vires of the aforesaid provision (under which tax has been levied in this case) has been ..... . (madras) ltd. (1958) 9 stc 353, upheld the view taken by the madras high court. again in northern india caterers (india) ltd. v. lt. governor of delhi (1978) 42 stc 386, the apex court held, that payments in lieu of food and drinks provided to guests staying in a hotel could not be divided into two components, one .....

Balram Singh Verma S/O Shri Mamraj Singh Verma and Smt. Durgawati W/O ...

Court : Uttaranchal

..... (junior division) / judicial magistrate, dehradun, in criminal complaint case no. 22 of 2004 j.f.c. finance (india) ltd. v. balram singh and anr. relating to offence punishable under section 138 of the negotiable instruments act, 1881, police station kotwali dehradun, are quashed to the extent petitioner no. 2 smt. durgawati is summoned. ..... petitioners have sought quashing of the proceedings of criminal complaint case no. 22 of 2004 j.f.c. finance (india) ltd. v. balram singh verma and anr. relating to offence punishable under section 138 of the negotiable instruments act, 1881, pending in the court of ii addl. civil judge (junior division) / judicial magistrate, ..... petitioners) to face the trial in respect of offence punishable under section 138 of the negotiable instruments act, 1881.4. learned counsel for the petitioners submitted that the petitioner no. 1 after obtaining loan, later opted for a zero per cent interest finance scheme, as advertised by the complainant, copy of which is .....

Oil and Natural Gas Corporation Ltd. Vs. Deputy Commissioner of Income ...

Court : Uttaranchal

Reported in : (2004)187CTR(Uttranchal)462; [2003]262ITR648(Uttaranchal)

..... in appeal by the commissioner of income-tax (appeals). now the matter is pending before the learned income-tax appellate tribunal. with the insertion of section 14a by the finance act, 2001, with effect from april 1, 1962, the action taken by the assessing officer stood confirmed.in view of the above, i have reason ..... to believe that income to the tune of rs. 109,43,12,086 has escaped assessment within the meaning of the explanation 2(c)(i) of section 147 of the income-tax act. accordingly, notice under section ..... facts and peculiar circumstances of these cases, the two conditions which are required to be satisfied before assuming jurisdiction under the provisions of section 147 read with section 148 of the act were found to exist and whereas in the instant case the facts and circumstances conclusively show that the reasons or ground for reopening .....

Commissioner of Income-tax and anr. Vs. Atwood Oceanics International ...

Court : Uttaranchal

Reported in : (2004)186CTR(Uttranchal)328; [2003]264ITR761(Uttaranchal)

..... revenue have no application to the facts of the present case as in those judgments the facts related to the amendment of the income-tax act either by the finance act or by the tax law amending act which is not the case herein. in the present case, there is only a notification issued by the central government, that notification is ..... the continental shelf of india for ongc. the return of income was filed on april 17, 1986. original assessment was done on april 19, 1986, under section 143(3) of the income-tax act, 1961, on the total income of rs. 1,34,729.4. in the assessment proceedings, the assessee contended that the income of the employee was ..... department carried the matter in appeal to the tribunal, the appeal has been dismissed by the tribunal, therefore, the department has come by way of appeal under section 260a of the income-tax act to this court.arguments :5. mr. posti, learned standing counsel for the union of india, contended that by the notification issued by the government of .....

Commissioner of Income-tax and anr. Vs. Bhawani Shankar Was

Court : Uttaranchal

Reported in : [2009]311ITR8(Uttaranchal); [2010]186TAXMAN352(NULL)

..... a reference to a departmental valuer without formally or categorically rejecting the books of account submitted by the assessee. this view is further strengthened by section 142a which was inserted in the act by the finance act of 2004 with retrospective effect from november 15, 1972. section 142a is being reproduced below:142a. (1) for the purpose of making an assessment or reassessment under the ..... act, where an estimate of the value of any investment referred to in section 69 or section 69b or the value of any bullion, jewellery or other valuable article .....

In Re: U.P. Carbide and Chemicals Ltd.

Court : Uttaranchal

Reported in : [2005]63SCL419(NULL)

..... report dated 2-12-2003 (numbered as 308/2003) for disbursement of claim to ex-workers and financial institutions as per the provisions of section 529a of the companies act, 1956. the said report shows that the official liquidator has in all rs. 7,00,50,000.00 with him for distribution while ..... 1996 the official liquidator sought permission to sell the assets of the company by auction. meanwhile, the workers through their union filed application under section 529a of the companies act for direction for payment of their dues. one of the secured creditors made an offer to purchase the assets of the company for rs ..... section (2), the provisions of this act shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time being in force or in any instrument having effect by virtue of any law other than this act.(2) the provisions of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act .....

Alok Mehrotra Vs. Government of Nct of Delhi and Others

Court : Uttaranchal

..... late smt. jiyo rani mehrotra or the plaintiff after the said date inspite of repeated demands. 16. it is significant to mention that in the application under section 8 of the act read with section 151 cpc moved on behalf of the applicants/defendant nos. 1 and 2, wherein the defendant nos. 1 and 2 had taken recourse to clause 12 of ..... same does not help to them. 14. the last case-law relied upon by the learned counsel for the respondent nos. 1 and 2 is branch manager, magma leasing and finance limited and another vs. potluri madhavilata and another [(2009) 10 s.c.c., 103]. in this case, the apex court has held that merely because the contract has ..... . in support of his argument, learned counsel for the revisionist has placed reliance upon paragraph no. 36 of the case of booz allen and hamilton inc. vs. sbi home finance limited and others [(2011) 5 supreme court cases, 532]. this case law will be dealt with at appropriate place in the latter part of this judgment. 10. learned counsel .....

Bharat Heavy Electricals Ltd. Vs. Commissioner Central Excise

Court : Uttaranchal

Reported in : 2009(165)LC1; 2009(241)ELT33(NULL)

..... crystallization of the right to modvat in favour of the assessee thus amounting to taking of the credit? 3(b). whether s-131 of finance act, 1999 inserting clause (xxvii) in s-37 of central excise act, 1944, goes to the extent of neutralizing 3 supreme court's ruling about the date of accrual of right to modvat credit to the ..... goods utilised in manufacture of further products, as inputs then the tax on these goods gets adjusted, which are the case in hand relates subsequent to the amendment made in section 37. vide notification no. 28/95-ce(nt) dated 29.06.1995, following proviso was inserted in rule 57 g (2): finished subsequently. as such, the right ..... scheme. however, eicher motors ltd. (supra) case refers to the period prior to 16.03.1995 i.e. the date when clause (xxviii) was inserted in section 37 of central excise act, 1944. said clause (xxviii) provides that the rules may provide for the lapsing of credit of duty lying un-utilised with the manufacturer of specified excisable goods .....

Rai Bahadur Narayan Sugar Mills Ltd. Vs. State of Uttaranchal and ors.

Court : Uttaranchal

Reported in : AIR2007Utr36

..... . 1,16,800/-was paid.7. the petitioner was served with a notice from a.d.m. finance under section 47a of stamp act stating therein that the sale deed in question is undervalued and stamp duty paid is less. the a.d.m. finance, vide impugned order dated 25-11 -2005, observed that the petitioner company could use the land for ..... stamp duty as computed on the basis of the minimum value determined in accordance with the said rules and return the instrument for presenting again in accordance with section 23 of the registration act, 1908.15. a perusal of rules 340, 341 and 349 of the stamp rules provide the guidelines while deciding the question with regard to deficiency of ..... paragraphs 14 to 22 of the decision in the case of rai bahadur narayan sugar mills ltd. v. state of uttaranchal and ors. (supra) are quoted below:14. section 47a of the stamp act provides as under:47-a. under-valuation of instrument.- (1) (a) if the market value of any property, which is the subject of any instrument, on .....