Judgment Search Results Home > Cases Phrase: finance act 1978 section 39 amendment of act 6 of 1898 Sorted by: recent Court: guwahati Page 21 of about 206 results (0.091 seconds)

Rehan Ahmed Laskar Vs. State Bank of India and ors.

Court : Guwahati

..... before a court. further, it is not the case of the respondent bank that the documents relate to the affairs of the state. the provisions of sections 123 and 162 of the evidence act, 1872 are therefore attracted in the facts of the instant case. the decisions however bear the judicially evolved principle relevant to decide whether the documents in ..... company (rs. 2.86 lakhs). this clearly indicates that the bank's funds were being utilized for interplay of funds within the group concerns resulting in diversion of bank finance.similarly, the credit limits in the case of d.s. kothari private limited (guwahati branch) were renewed by the circle credit committee at the existing level of rs. ..... rs. 881.66 lakhs and sundry debtors of rs. 14.36 lakhs, sundry creditors stood at rs. 700.19 lakhs which along with stipulated margin was sufficient to finance the exiting level of the stock as against the credit availment of rs. 553.66 lakhs as on the date of balance sheet. the loans and advances to group .....

Cit Vs. Hynoup Food and Oil Ind. (P) Ltd.

Court : Guwahati

..... many payments were made with unaccounted money possessed by the assessee and deductions were claimed in respect of such payments. in order to remedy such situation, section 40a was added by the finance act of 1968 and it came into force with effect from 1-4-1968. while introducing the bill in the lok sabha for its consideration, the ..... exceptions carved out by rule 6dd(j) of the rules the rule has to be read in the context of the second proviso to sub-section (3) of section 40a of the act whereunder a disallowance is not permissible if on consideration of business expediency an assessee is able to satisfy the assessing officer that he was required to ..... following decisions :(i) attar singh gurmukh singh v. ito : [1991]191itr667(sc) ;(ii) s. venkata subba rao v. cit (supra); and(iii) hasanand pinjomal v. cit : [1978]112itr134(guj) .7. the facts of the case are absolutely clear. it is an accepted position on record that the petitioner-company was carrying on business and was maintaining regular .....

Cit Vs. Hynoup Food and Oil Ind. (P) Ltd.

Court : Guwahati

Reported in : (2006)199CTR(Gau)350

..... many payments were made with unaccounted money possessed by the assessee and deductions were claimed in respect of such payments. in order to remedy such situation, section 40a was added by the finance act of 1968 and it came into force with effect from 1-4-1968. while introducing the bill in the lok sabha for its consideration, the ..... exceptions carved out by rule 6dd(j) of the rules the rule has to be read in the context of the second proviso to sub-section (3) of section 40a of the act whereunder a disallowance is not permissible if on consideration of business expediency an assessee is able to satisfy the assessing officer that he was required to ..... following decisions :(i) attar singh gurmukh singh v. ito : [1991]191itr667(sc) ;(ii) s. venkata subba rao v. cit (supra); and(iii) hasanand pinjomal v. cit : [1978]112itr134(guj) .7. the facts of the case are absolutely clear. it is an accepted position on record that the petitioner-company was carrying on business and was maintaining regular .....

Oriental Insurance Co. Ltd. and anr. Vs. Josua Halam and ors.

Court : Guwahati

..... if the insured failed to prefer any appeal against the award of the tribunal, that would also amount to failure to contest the claim within the meaning of section 170 of the act. therefore, the decisions of this court in the cases of narendra kumar and chinnama george were distinguished on facts. that apart, the case of chinnama george is ..... that case, on behalf of the insured, no argument was addressed whereas the appeal was argued only on behalf of the insurer. that apart, the provisions of section 170 of the act which have been taken notice of in the case of united india insurance co. ltd. were not considered therein. in the present case, appeal was whole hog ..... 000 per annum and multiplying it by 15. the high court did not interfere with the same, but kept open to the tribunal to decide the application under section 166 of the act, which was pending before it qua the heads other than those provided in the second schedule. in the facts and circumstances of the present case, as discussed .....

Union of India (Uoi) and anr. Vs. J.G. Engineers Pvt. Ltd.

Court : Guwahati

..... award passed by the arbitral tribunal could be set aside. it has been held that if narrow meaning is given, some of the provisions of the act such as sections 28(2), 28(3) and 24 would become nugatory. in the said judgment hon'ble supreme court has further held that if the award is ..... in vastu invest & holdings pvt. ltd., mumbai v. gujarat lease financing ltd., mumbai (supra), while dealing with an order passed by the learned single judge rejecting the chamber summons taken out for amendment of the petition filed under section 34 of the act by adding certain grounds has held that--no independent ground of challenge to ..... act, the same having been beyond the period of limitation prescribed under sub-section (3) of section 34. mr. dutta in support of his argument has placed reliance on the decision of the apex court in union of india v. popular construction co. reported in : air2001sc4010 and a decision of bombay high court in vastu invest & holdings pvt. ltd., mumbai v. gujarat lease financing .....

Pritish Ranjan Roy and ors. Vs. State of Tripura and ors.

Court : Guwahati

..... while discharging public welfare function can not be said to be an industry and the decision of the labour court made in reference to section 10 of industrial disputes act, 1947 reinstating the daily wagers discharged from the project was said to have been no right to the post and the reinstatement of ..... little or no approach even though better qualified more meritorious and well deserving. the infection is widespread in government or semi-government departments or state financed institutions. it arises either because the appointing authority resorts to it deliberately as a favour or to accommodate someone or for any extraneous reason ignoring ..... the respondents that the petitioners were engaged in the panchayat department illegally during 1990 along with large number of contingent workers without any approval of the finance department, government of tripura, without any vacancy or posts without calling names from employment exchange, without advertising or publishing to the public and both, .....

S.P. Road Link and ors. Vs. State of Tripura and anr.

Court : Guwahati

..... of taxes may demand security deposit from the dealers only and not from the transporters, more so, the commissioner could demand 'fees' (as mentioned in section 38-b of the act) from the transporters for the purpose of registration, as such the demand of security money is unreasonable.7. according to the learned counsel for the petitioners, ..... is expensive. according to the learned counsel for the respondents the demand of rs. 10 lakhs as security money is in consonance to the requirement of section 38 of the act and such is legal and reasonable as the words 'in such manner as he may direct' mentioned in 'rule 64a' provide sufficient power and wide ..... . in this context a reference has been made of the decision of the honourable supreme court in mohinder singh gill v. chief election commissioner, new delhi : [1978]2scr272 :.when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot be supplemented by fresh .....

Oriental Insurance Co. Ltd. Vs. Mustt. Rejina Begum and ors.

Court : Guwahati

..... the high court's jurisdiction to entertain certain petitions if any other remedy for redress was provided by or under any other law, the constitution (44th amendment) act, 1978, has removed this restriction. the fall out of this removal further strengthens the principle that there is no rule of law barring exercise of jurisdiction under articles ..... justice. (see state of uttar pradesh v. mohammad nooh, air 1958 sc 86).39. i have already held that an award, which is appealable under section 173 mv act, is not amenable to revisional jurisdiction of the high court. can this restriction have any bearing on the high court's powers under articles 226 and/or ..... refused to grant temporary injunction and an appeal against refusal to grant injunction has been rejected and a state enactment has barred the remedy of filing revision under section 115, civil procedure code, in such a situation a writ petition under article 227 would lie and not under article 226 of the constitution. thus where the state .....

Prabindra Nath Bhattacharjya Vs. Assam Co-operative Apex Bank Ltd. and ...

Court : Guwahati

..... in service as per the provisions of rule 46(c), of the staff rules of the bank till final disposal of the cbi enquiry including the alleged irregularity of finance involving the petitioner.2. the petitioner was an employee under the respondent bank serving as manager, planning and development department at the time of his retirement. on receipt ..... contained in the staff rules of the bank for the time being in force, an employee of the bank shall be subject to disciplinary proceedings for any alleged acts of omission and commission causing pecuniary loss to the bank or in any other way harming the reputation, prestige and good-will of the bank, and for any ..... acts of violations of the provisions of the bye-laws and staff rules or any standing orders/instructions/circulars/procedures of the bank, even after their superannuation/retirement from .....

Assam Brook Ltd. Vs. Union of India (Uoi) and ors.

Court : Guwahati

..... in modi rubber limited (supra), the exemption notifications were issued in exercise of powers under rule 8(1) alone. section 32(4) of the finance act, 1978 is perimeteria with section 157(3) of the finance act of 2003. the notification no. 33/99 does not recite that the exemption granted is in exercise of powers under ..... answered the question in the negative holding that in view of the provisions of section 32(4) of the finance act, 1978, the source of power to exempt the special duty would be traceable to rule 8(1) read with section 32(4) of the finance act, 1978 which would require the exemption notifications to recite and record the said facts. ..... time) on manufacturers of tyres, special excise duty @ 5% of the basic duty was imposed by the finance act, 1978. two exemption notifications under rule 8(1) of the central excise rules (corresponding to section 5a of the present act) were in force exempting the 'duty of excise'. the question that arose is whether special duty of .....