Court : Supreme Court of India
Reported in : AIR1977SC1302; 1977CriLJ812; (1977)2SCC405; [1977]2SCR952; 1977(9)LC240(SC)
..... to, or exchange with, any person not being an authorised-dealer, any foreign exchange.section 23(1)(a) provides :if any person contravenes the provisions of section 4, section 5, section 9, section 10, sub-section (2) of section 12, section 17, section 18a or section 18b or any rule, direction or order made thereunder, he shall(a) be liable ..... sale proceeds of the foreign currency entrusted to him for sale by someone else. on february 14, 1966 the second appellant, director, enforcement directorate, ministry of finance, asked the respondent to show cause why the indian currency recovered from his possession, which admittedly was the sale proceeds of foreign currency, should not be ..... the words 'in respect of' accruing in section 23(1b) of the foreign exchange regulation act, 1947. for a proper appreciation of the question, it is necessary to refer to two other sections of the act, section 4(1) and section 23 (1)(a), before we turn to section 23 (1b). section 4(1) lays down :except with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1142a; [1977]107ITR101(SC); (1977)2SCC719; [1977]3SCR26
..... sustained.' such an uncertainty, however, is not present in the instant case. the submission of mr. hathi, therefore, cannot be accepted.10. the present case rests upon section 24 of the act. that, section so far as material for our purpose reads as follows:24 (1) where any assessee sustains a loss of profits or gains in any year under any of ..... the loss with regard to the illegal business in groundnut seeds which was carried on in two places, veraval and rajkot. this set off is permissible under section 10 (2) of the act because it is only by setting off of the loss of the particular business in groundnut seeds that true profit with regard to that particular business can ..... business.8. as stated earlier, at the instance of the commissioner of income-tax, the two questions set out above were, referred to the high court under section 66(1) of the act the high court relying upon its earlier judgment in the commissioner of income-tax v. s.c. kothari (1968) 69 ftr 1 answered both the questions in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1210; (1977)2SCC715; [1977]3SCR38; 1977(9)LC263(SC)
..... different form. the high court agreed with the view of the trial judge that when once the government abolished the first settlement committee it became incapable of acting and section 8(1)(b) became applicable. it also agreed with the trial court and found that there was nothing in the terms of the arbitration clause in ex ..... is again extracted. in the matter of dispute, the case shall be referred to the settlement, committee consisting of a superintending engineer, an officer of the finance department of the rank of at least deputy secretary and an accounts officer, all to be nominated by the government for arbitration whose decision will be final.the ..... in the following terms; in the matter of dispute, the case shall be referred to the settlement committee consisting of a superintendent engineer, an officer of the finance department of the rank of at least deputy secretary and an accounts officer, all to be nominated by the government for arbitration whose decision will be final.disputes .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC941; [1977(34)FLR269]; (1977)ILLJ463SC; (1977)2SCC329; [1977]3SCR91
..... become matters of national concern. law's delays are in some measure, caused by legislative inaction in making competent, radical change in the procedural laws and sufficient financing and modernising of the justice system as a high priority programme. 4. the chequered career of this lis and its zig zag climb up the precipice of ..... by the appellant. we may mention, at this stage that the parliament has enacted the payment of gratuity act, 1972. which has come into force with effect from september 16, 1972. section 4(5) of the said act gives an option to the workers to choose between the gratuity scheme under the award and the one under the ..... or special circumstances which merit the consideration of this court.it was also mentioned, what is not oft ' remembered when interfering with awards, that the industrial disputes act isintended to be a self-contained one and it seeks to achieve social justice on the basis of collective bargaining, conciliation and arbitration. awards are given on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1686
..... jawaharmal v. state of rajasthan : [1966]1scr890 is wholly misconceived. in that case, section 4 of the impugned act of 1964 in truth and substance provided that the failure to comply with the constitutional mandate of presidential sanction shall not invalidate the finance acts of 1961 and 1962. it was held by this court that it was not competent ..... to the legislature to pass an act providing that an earlier act shall be deemed to be valid even though it did not comply with the ..... and the appellants would be deprived of their statutory right to question the correctness of the assessment this apprehension is unfounded because the 2nd proviso to section 12 of the act of 1968 empowers the appropriate authority to admit an appeal after the period of limitation is over if it is satisfied that the dealer had .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1653; [1977]107ITR916(SC); (1977)2SCC735; [1977]3SCR125; 1977(9)LC407(SC)
..... obtaining a certificate of fitness from the high court. 3. the indian income-tax act 1922 as originally enacted, did not contain the fasciculus of sections under chapter xxii providing for grant of tax credit certificates. this chapter comprising sections 280zc and 280 ze was inserted by the finance act 1965 with effect from 1st april 1965 with a view to providing incentive for export ..... purpose of which section 280 zc and 280 ze are material, reads as follows: 280 zc .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1977)2SCC724; [1977]39STC355(SC); 1977(9)LC219(SC)
..... court ought not to have entertained the writ petition and should have allowed the assessee to avail of the remedies provided to him under the u.p. sales tax act, particularly when questions of fact had to be determined. in the instant case, the question as to what is the true connotation of the words 'sanitary fittings' ..... the respondent for the assessment years 1962-63,1963-64 and 1964-65. according to the notification issued by the government in pursuance of the u.p. sales tax act, items classed as 'sanitary fittings' were to be taxed at 7% instead of 2%. the sales tax officer treated the hume pipes supplied by the respondent as ' ..... which are the subject-matter of the present case amount to 'sanitary fittings' as contemplated by a notification issued by the government under the u.p. sales tax act. the respondent is a dealer engaged in the manufacture and supply of hume pipes manufactured by the respondent arc reinforced with cement concrete pipes and the respondent also manufactures .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1323; 1977CriLJ992; (1977)2SCC634; [1977]3SCR132; 1977(9)LC339(SC)
..... govern the particular subject matter. from this it will be clear that the application made by the heirs of the deceased for compensation could not have been made under section 482 since, section 357 expressly confers power on the court to pass an order for payment of compensation in the circumstances mentioned therein. that did not, however, affect the power ..... as may be specified in the order to the person who has suffered any loss or in jury by reason of the act for which the accused person has been so sentenced. (4) an order under this section may also be made by an appellate court or by the high court or court of sessions when exercising its powers of ..... circumstances of the case, including the means of the offender. 12. section 357(1)(c) of the new code corresponds to section 545(1)(b) of the code of 1898 which was introduced by section 110 of amending act 36 of 1955. the statement of objects and reasons of that act shows that the joint committee took the view that, in suitable cases, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1638; (1977)2SCC246; [1977]3SCR149; [1977]39STC378(SC); 1977(9)LC268(SC)
..... from this court. 2. the bengal finance (sales tax) act, 1941 levies sales tax on the taxable turnover of a dealer computed in accordance with the provisions of that act. section sub-section (1) provides that no tax shall by payable under the act on the sale of goods specified in the ..... question which, therefore, requires as vegetable commonly known as 'sabji', tarkari or sak'. now, the word 'vegetable' is not defined in the act but it is well settled as a result of several decisions of this court of which we may mention only two, namely, ramavatrar budhaiprasad v ..... dried, commonly known as 'sabji, tarkari or sak' in item (6) of schedule 1 to the bengal finance (sales tax) act, 1941. if it is covered by this description, it would be exempt from sales tax imposed under the provisions of that ..... item (6) of schedule i and its sales must be held to be exempt from tax under section 6 of the act. 5. the result is that the appeals fail and are dismissed with costs. costs will be only in the set. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1977)6CTR(SC)183
..... obtained from this court.2. the bengal finance (sales tax) act, 1941 levies sales tax on the taxable turnover of a dealer computed in accordance with the provisions of that act. section 6, sub-section (1) provides that no tax shall be payable under the act on the sale of goods specified in ..... whether green ginger can be regarded as vegetable commonly known as sabji, tarkari or sak. now, the word vegetable is not defined in the act but it is well settled as a result of several decisions of this court of which we may mention only two, namely, ramavatar budhaiprasad ..... or dried, commonly known as sabji, tarkari or sak in item (6) of schedule i to the bengal finance (sales tax) act, 1941. if it is covered by this description, it would be exempt from sales tax imposed under the provisions of that ..... ' in item (6) of schedule i and its sales must be held to be exempt from tax under section 6 of the act.5. the result is that the appeals fall and are dismissed with costs. costs will be only in one set. .....
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