Judgment Search Results Home > Cases Phrase: finance act 1978 section 36 amendment of act 1 of 1944 Court: patna Page 10 of about 153 results (0.149 seconds)

M/S. Cecon Engineers India Private Limited and Another Vs. Shanta Devi ...

Court : Patna

..... tripartite agreement, the petitioners were entitled to their share in the built-up property, which was to be the consideration payable to them for building the property. their act of putting together finances and building the property on the land of the opposite party first set was not gratuitous nor intended to be so. even if the tripartite agreement was to be ..... treated as a clause independent would still subsist and be available, for which reference has been made to section 16(1)(a) and (b) of the act as well as the judgment of the apex court in case of m/s magma leasing and finance limited vrs. potluri madhavilata, since reported in (2009) 10 scc 103. it is further submitted on behalf of ..... to operate and will not stand expired and rescinded in any manner. that is the spirit of section 16(1)(a) and (b) of the act and this is what has been held by the apex court in the case of m/s magma leasing finance limited (supra). i can also refer to the case of m/s reva electric car co. (p .....

Commissioner of Wealth-tax Vs. Smt. Sushila Agrawal

Court : Patna

..... -section (4) of section 7, is as under : ' notwithstanding anything contained in sub-section (1), the value of a house belonging to the assessee ..... the case, the assessee is entitled to the benefit of section 7(4) of the wealth-tax act for the years 1974-75, 1975-76 and 1976-77 ?2. whether the operation of section 7(4) is retrospective in nature ?'2. sub-section (4) of section 7 of the wealth-tax act, 1957, was inserted by the finance act, 1976, with effect from april 1, 1976. this sub .....

Alok Kumar Gupta Vs. the State of Bihar and anr.

Court : Patna

..... dishonoured due to insufficient funds in the account. accordingly a legal notice was given on 27.03.2003 and as there was no response a complaint under section 138 of negotiable instruments act was filed, bearing complaint case no. 256(c) of 2003. when no payment was made even thereafter the company had no option but to seize ..... the learned magistrate has: referred to the police report and the fact that it was anil kumar tripathy and authorised agent of paragon finance company who had seized the truck against non-payment of loan after informing the police station. subsequently cognizance had teen taken. the learned magistrate in the impugned ..... are admitted from the materials available on record. firstly the truck no.br-16g-5151 was stopped by one anil kumar tripathy, the authorised agent of the finance company after he had lodged a written information with the barachatti police station vide annexure-6 and this fact is also available in the impuged order where in .....

Ganga Tractors and ors. Vs. State of Bihar and ors.

Court : Patna

..... to pay additional tax and surcharge and is not covered by the notifications dated may 22, 2004 issued under sections 5(4) and 6(2) of the bihar finance act, (hereinafter referred to as 'the act') making amendment in the schedule attached to the finance (commercial taxes) department notification s.o. no. 128 dated july 27, 2000, by which light, medium ..... come into force from the date of its issue.9. notification issued under section 6(2) of the act reads as follows:s.o. 25, dated the 22nd may, 2004.--in exercise of powers conferred by sub-section (2) of section 6 of the bihar finance act, 1981, part i (act 5 of 1981), the governor of bihar is pleased to make the ..... 144 - tractor and its accessories--at 4 per cent.8. notification issued under section 5(4) of the act reads as follows:s.o. 27, dated the 22nd may, 2004.--in exercise of powers conferred by sub-section (4) of section 5 of the bihar finance act, 1981, part i (act 5 of 1981), the governor of bihar is pleased to exempt sale of light .....

Anil Kumar Agrawal and ors. Vs. State of Bihar and ors.

Court : Patna

..... that the notices were in conflict with the terms of the licences taken out by the petitioners under the bihar agricultural produce markets act and the conditions of registration under the bihar finance act. he next submitted that the notices imposed unreasonable restriction on the petitioners' right guaranteed under article 19(i)(g) of the constitution ..... the statement made in the notice or stating that mahua flower was not notified by the state government as an intoxicant within the meaning of section 2(12a) of the act. the only conclusion would, therefore, be that mahua flower is an intoxicant and subject to the provisions of the excise law. the other ..... two submissions based on restriction of rights guaranteed under article 19(1) of the constitution, are similarly answered adequately by section 7 of the excise act of which only sub-section (1) is relevant for the present. it is as follows:7. establishments & delegation & withdrawal of powers:(1) the administration of .....

Bachan Traders Vs. State of Bihar and ors.

Court : Patna

..... october 19, 2000, passed by the assistant commissioner, commercial taxes (respondent no. 4), who in exercise of power under section 17(3) read with section 16(8) of the bihar finance act, 1981 (hereinafter referred to as 'the act') passed an order of assessment in which he has included the turnover of the period may 21, 1997 to november 16, ..... and rejected by the appellate authority and the revisional authority, he still has an adequate and efficacious remedy of reference as provided under the provision of the bihar finance act. thereafter, if the same is decided against the petitioner then he may take the recourse to the filing of a writ application and as such his application ..... the sales tax on the country made liquor was imposed by the state of bihar at 25 per cent by a notification dated may 21, 1997 issued under the act. a wholesale dealer s.k. consolidated ltd., filed a writ application (cwjc no. 5220 of 1997) challenging the aforesaid notification. the petitioner and others also filed .....

Amit Coke Industries Vs. State of Bihar and ors.

Court : Patna

..... (hereinafter referred to as 'the policy') issued, vide notification nos. s.o. 478 and 479 dated december 22, 1995, under section 7(3)(b) of the bihar finance act, 1981 (hereinafter referred to as 'the act'), the petitioner has filed this writ application. the said application has been rejected on the ground that the petitioner's unit is not ..... .14. that it is settled principle of law the coal briquettes and hard coke are same and similar part of the coal for the purpose of the finance act and also the industrial policies published from time to time. therefore, it cannot be said that the petitioner-unit has started manufacturing of new product other than ..... by the department of labour and employment in june, 1996. it has further been stated that it has been registered both under the bihar and central sales tax acts.5. the petitioner claims to have made an application for exemption along with requisite papers. the deputy commissioner of commercial taxes, dhanbad, passed an order recommending .....

Kamkap (India) Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD237(Pat.)

..... it negotiated commercial terms under despatch arrangements.it was further submitted that the words 'technical services' had been substituted by 'technical or professional services' in section 80-o vide finance act (2) of 1991. the assessee further submitted that 'technical' means a person having specialised knowledge and experience in 8.7 in its reply to ..... of steel, grading of steel, chemical properties, mode of finance and transportation. these services were of the nature of technical and professional services. it was, therefore, contended that the assessee fulfilled all the requisite conditions for allowance under section 80-o of the it act.8.9 the assessing officer examined the assessee's explanations; submissions ..... relied upon by the rival parties. we are of the view that the assessee is not entitled to the claim of deduction under section 80-o. section 80-o of the it act provides for a deduction of 50 per cent from the income of the assessee by way of royalty, commission, fees or any .....

Spic Phi Seeds Ltd. and ors. Vs. State of Bihar and ors.

Court : Patna

..... as such they have been heard together and are being disposed of by a common order.2. all the petitioners are registered dealers under the bihar finance act, 1981 (hereinafter referred to as 'the act') to sell specified seeds including maize seeds. the point for consideration in this case is as to whether the maize seed is to be levied ..... a goods of special importance and 4 per cent is leviable on it. maize seeds are not cereal and as such the general rate as provided under section 12 of the act will apply.8. the settled law is that taxing statute is to be construed strictly and while interpreting the taxing statute if two reasonable views are possible ..... .'16. the entry no. 12 'cereals' after excluding certain items, includes maize also in all forms and it includes the cereal as defined under section 14 of the central sales tax act.17. section 14 of the central sales tax act defines cereals, that is to say--(i) paddy, (ii) rice, (iii) wheat, (iv) jowar or milo, (v) bajra, (vi) maize, (vii) .....

Orient Engineering Construction Vs. State of Bihar and ors.

Court : Patna

..... that any tax recovered without the authority of law may be directed to be refunded to the persons from whom the same is recovered.8. the provisions of section 42 of the bihar finance act also takes care of in this regard if proper application is made before the concerning authority for the refund of tax. however, it is submitted that this ..... ) v. state of bihar]2. the matter in issue involved in this batch of writ petitions is about the validity of the provisions of section 25a of the bihar finance act, 1981 (hereinafter to be referred to as 'the act'). it is contended that in the case of geeta prasad singh and co. v. state [1986] 63 stc 337 (pat) ; 1986 pljr 451, ..... the validity of the provision of section 25 a of the act is upheld declaring it intra vires. but it is submitted that while considering the .....