Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Court: rajasthan Page 7 of about 470 results (0.486 seconds)

Rajasthan State R.T.C. Vs. Ogam and ors.

Court : Rajasthan

Reported in : 1(1992)ACC736

..... of the supreme court in union of india v. madan gopal kabra : [1954]25itr58(sc) at page 163 while examining the issue of applicability of finance act to the income earned before the commencement of the finance act. their lordships of the supreme court again observed in sree bank ltd. v. sarkar dutt roy and co. : [1965]3scr708 as under:it ..... could be said that even then the first sub-section would not have a retrospective operation but would only apply prospectively to a banking company being wound ..... . the claimants had made a claim for immediate award of rs. 25,000/- as compensation on the ground of 'no fault liability' as fixed by section 140 of the new act. this claim of the claimants was contested by the corporation on the ground that since accident has taken place on 19-5-89 before the commencement of .....

Maheshwari Agro Industries Vs. Union of India

Court : Rajasthan

..... to whether in the scheme of the act specially after amendment of section 254 of the act conferring powers of granting stay upon the appellate tribunal after insertion of sub-sections (2a) and (2b) in section 254 of the act by finance act, 1999 with effect from 01.06.1999 and further first proviso substituted by finance act, 2007 with effect from 01.06 ..... not require that once the assessment is made, recovery of tax should be made immediately, notwithstanding the remedy of appeal having been provided in the act. rather, sub-section (6) of section 220 clearly provides that the assessee against whom an assessment is made should not be treated as in default so long as his appeal remains ..... held that the ito can pass the necessary orders u/s 220 (6) in all cases except cases under section 144a or 144b where the approval of iac is required. (v) instruction no. 1158, dated 27th march, 1978 held that in suitable cases the assessee may be allowed to furnish security. (vi) instruction no. 1282, dated .....

Aditya Cement Staff Club and Birla White Staff Club Vs. Union of India ...

Court : Rajasthan

Reported in : (2003)182CTR(Raj)554; [2004]266ITR70(Raj)

..... discernible legislative policy laid down by legislature itself which could make it suffer from. it cannot be said that insertion of clause (vi) in sub-section (2) of section 17 by finance act, 2001, suffers from any vagueness so as to make it a redundant provision resulting in abdication of essential legislative function. whether notification dt. 25th sept ..... is said is of a wider connotation and any credit made in the employer's account is covered thereby. the word 'allowed' was introduced in the section by the finance act of 1955. the said expression in the legal terminology is equivalent to 'fixed, taken into account, set apart, granted.' it takes in perquisites given in ..... date. the impugned rule has not deviated from the basic substantive provisions.48. thus, viewed from any angle, neither the clause (vi) inserted in section 17(2) vide finance act, 2001, nor the notification substituting rule 3 w.e.f. 1st april, 2001, suffers from any invalidity and is not violative of any provision of .....

Commissioner of Income Tax, Jaipur Vs. Agarwal Flooring Stone Co.

Court : Rajasthan

Reported in : 2002(1)WLC475

..... assessee and has referred the aforesaid question as a question of law for the opinion of this court.6. we have heard learned counsel for the parties.7. section 43b inserted by finance act, 1983 w.e.f. 1.4.84 reads as under section 43b. certain deductions to be only on actual payment - notwithstanding anything contained in any other provision of this ..... him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him.8. later on operation of clause (a) was widened by substituting words tax, duty, cess or fee by whatever name called, for words 'tax or duty' vide finance act, 1988 (26 of 88) w.e.f. 1 ..... act, a deduction otherwise allowable under this act in respect of.(a) any sum payable by the assessee by way of tax or duty under any law for the time .....

Commissioner of Income-tax Vs. Agarwal Flooring Stone Co.

Court : Rajasthan

Reported in : [2002]253ITR595(Raj); 2002(2)WLN75

..... aforesaid question as a question of law for the opinion of this court.6. we have heard learned counsel for the parties.7. section 43b inserted by the finance act, 1983, with effect from april 1, 1984, reads as under :'section. 43b. certain deductions to be only on actual payment.--notwithstanding anything contained in any other provision of this ..... in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him.' 8. later on, operation of clause (a) was widened by substituting words 'tax, duty, cess or fee by whatever name called,' for the words 'tax or duty' vide finance act, 1988 (no. 26 of 1988), ..... act, a deduction otherwise allowable under this act in respect of- (a) any sum payable by the assessee by way of tax or duty under .....

J.K. Cement Works Vs. Asstt. Commissioner of Central Excise and Custom ...

Court : Rajasthan

Reported in : 2004(97)ECC6; 2004(170)ELT4(Raj); RLW2004(4)Raj2604; 2004(3)WLC757

..... was 10% which has now been lowered to 5% vide amendment made by finance act in 2001 with effect from 1-6-2003. section 11b refers to order passed under section 11b and application made under section 11b. hence reference to section 11b is also apposite which reads as under :'section 11b. claim of refund of duty. - (1) any person claiming refund ..... application is to be made from the relevant date. 'the relevant date' has been defined for the purpose of section 11b in clause (b) to the explanation appended to section 11b. sub- clauses (ea) & (eb) in the explanation were inserted by finance act, 1998. the petitioner's case is governed by sub-clause (f) of clause (b) of explanation. ..... date, which in the case of the petitioners, who did not fall within clause (a)(e) of explanation b to section 11b was the date of payment of duty. the period for making such applications since finance act, 2000 has been enhanced to one year.37. interest has been made payable with effect from the expiry of three .....

Mahaveer Enterprises Vs. Union of India (Uoi) and ors.

Court : Rajasthan

Reported in : [2000]244ITR789(Raj)

..... fact of the location of the agricultural lands within or outside the municipal limits. there was a challenge to the vires of the explanation inserted in section 2(1a) of the income-tax act incorporated by the finance act, 1989, with retrospective effect from april 1, 1970, contending, inter alia, that the same was illegal and unconstitutional. there was also a further prayer restraining ..... up or arisen from land like any other gain or income referred to in section 2(1)(a): cit v. kameshwar singh [1935] 3 itr 305 ; nawabzadi mehar bano khanum v. secretary of state for india : air1925cal929 and cit v. all india tea and trading co. ltd. : [1978]113itr545(cal) applied, capital gains arising from sale of land situate in india, which .....

Commissioner of Income Tax Vs. Udaipur Distillary Co. Ltd.

Court : Rajasthan

Reported in : (2004)187CTR(Raj)369; [2005]274ITR429(Raj); 2004(5)WLC163

..... paid during the previous year on or before the due date as defined in the explanation below clause (va) of sub-section (1) of section 36.'8. we may notice that section 43b was firstly inserted by the finance act, 1983, w.e.f. 1st april, 1983 and at the relevant time both the proviso first and second had ..... section 43b and the payment referred to in clause (b) has to be made timely on or before the due date ..... the due date,(c).......................(d)........................(e)....................(f)........................6. it is relating to the aforesaid second proviso to section 43b(1) that revenue contends that the second proviso which has been inserted w. e. f. 1st april, 1989, by the finance act of 1989 has made material difference in the scheme of the liability under second proviso to .....

Cit Vs. Jodhpur Diesels

Court : Rajasthan

Reported in : (2002)175CTR(Raj)300

..... points urged by the party or decided by the appellate authority.however, the controversy has been, now, resolved by introducing explanation to sub-clause (c) to section 263(1) of the income tax act by way of amendment. the explanation was substituted by the finance act, 1988, where retrospective effect from 1-6-1988, in clause (c) of the explanation was amended by the ..... finance act, 1989. the amendment is retrospective in nature (with effect from 1-6-1988), as is clear from the reading of the said explanation). we may refer the amendment made in section 263(1) of the income tax act, which reads as follows :'explanation.for the removal of doubts, it is .....

Cit Vs. Durga Shankar Kansara

Court : Rajasthan

Reported in : (2008)215CTR(Raj)176

..... when the reopening was clearly barred by limitation. a look at the amending provision being the finance act 2 of 1998, section 46 thereof does show, that the words used are 'in section 158be of the income tax act, after sub section (2), the existing explanation shall be renumbered as explanation 1 and after explanation 1 as so ..... the judgment of the hon'ble supreme court, in national agricultural cooperative marketing federation ltd.'s case (supra), and various relevant provisions of the act, and also the finance act.8. coming to the judgment of the hon'ble supreme court in national agricultural cooperative marketing federation ltd.'s case (supra), it will suffice ..... or not, though holding, that it cannot be disputed that the amendment can be retrospective. with this it was contended, that a look at the relevant finance act, introducing amendment, does show, that the amendment was expressly made retrospective, by using the words 'following explanation shall be inserted and shall be deemed to .....