Court : Jharkhand
Reported in : [2008(3)JCR365(Jhr)]
..... to imposition of entry tax under facially and patently show that the levy of entry tax is compensatory in nature for the following reasons:(i) the preamble of the act, after amendment by 2007 amendment act says that value added tax act is an act to provide for and consolidate the laws relating to value added tax on sale or purchase of goods and on entry of goods into local area in the state of jharkhand and to create jharkhand trade development fund ..... trade development fund which is proposed to be constituted are to be utilized for the following purposes:(a) construction, development and maintenance of roads and bridges for linking the market and industrial areas to their hinterlands;(b) providing finance, aids, grants and subsidies to financial, industrial and commercial units,(c) creating infrastructure for supply of electrical energy and water supply to industries, marketing and other commercial complexes,(d) creation, development and maintenance of other ..... constitution of board and its functions --(1) there shall be a board consisting of a chairman and following ex officio members:(a) chief minister, haryana chairman(b) chief secretary, haryana ex officio member(c) finance secretary, haryana ex officio member(d) financial commissioner and secretary ex officio memberto government, haryana, excise andtaxation department(e) financial commissioner and secretary ex officio memberto government, haryana, developmentand panchayats department(f) commissioner, urban local .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar137
..... rule and bye-laws made thereunder in the market area to provide such facilities for marketing of agricultural produce therein as the board may from time to time direct, and do such other acts as may be required in relation to the superintendence, direction and control of market, or for regulating the marketing of agricultural produce in any place in the market area, and the purposes connected with the ..... for the respondents led much stress that the preamble of the act needs not be resorted to for construing the provisions of the act and in particular for understanding the meaning of ..... conferred on the market committee under the said provision, a decision was taken for constructing shops under the self finance scheme for proper use and utilization of the property of the market committee. ..... been operating their business in principal market yard and are not in any way prejudiced or affected by the construction and allotment of shops for non-agriculture business under the self finance scheme facing road side of the market yard. ..... the shops are to be constructed under self finance scheme, meaning thereby that the cost of the shops would ..... (hereinafter to be referred as the 'market committee') are as follows:(i) the market committee decided to construct 60 shops, facing road side of the market yard, garhwa, to be allotted to the beneficiaries under the self finance scheme for non-agriculture trade. ..... rural marketing and finance have to be integrated through the development of marketing and .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar1; [2008(4)JCR542(Jhr)]
..... transfer his right in his holding or any portion thereof to a society or bank registered or deemed to be registered under the bihar and orissa co-operative societies act, 1935 (bihar and orissa act vi of 1935), or to the state bank of india or a bank specified in column 2 of the first schedule to the banking companies (acquisition and transfer of undertakings) act, 1970 (5 of 1970) or to a company or a corporation owned by, or in which less than fifty-one per cent of the share capital is held by the state ..... .33. the national scheduled tribes finance and development corporation has been set up in april, 2001 as a government company under section 25 of the companies act, 1956, a fully government of india owned undertaking under ministry of tribal affairs for the purpose of providing financial assistance for the economic development of scheduled ..... policy. the prohibition is to effectuate the constitutional policy of economic empowerment under articles 14, 21, 38, 39 and 46 read with the preamble to the ..... equality. the preamble to the constitution as a socialist republic visualises to remove economic inequalities and to provide facilities and opportunities for decent standard of living and to protect the economic interest of the weaker segments of the society, in particular, scheduled castes .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008]301ITR427(Jharkhand)
..... section was further amended by the finance act, 1983, with effect from april 1, ..... the supreme court observed that in computing the total income of the assessee carrying on the business of an industry specified under section 80e of the income-tax act, 1961, for the purpose of special deduction permissible thereunder, the balancing charge arising as a result of the sale of old machinery and buildings and worked out in accordance with section 41(2), irrespective of its real character, ..... of the objection raised by the revenue audit in respect of the aforesaid receipts whereby the deduction granted to the assessee under section 80i of the act was withdrawn and the matter was ultimately referred to the bombay high court for opinion on the following question (page 522):whether, on the facts and in the circumstances of the case, ..... earned on bank fdr's) for the assessment year 1990-91 should not have been considered for the purpose of allowance of deduction under section 80i of the income-tax act, 1961, as according to him the said interest income did not form part of the profits and gains derived from the industrial undertaking. ..... technical know-how which was paid for by the assessee by way of shares in the assessee-company is includible in the capital for the purpose of computation of relief under section 80j of the income-tax act, 1961, under rule 19a(2), clauses (ii) and (iii) of the income-tax rules, 1962, for 1970-71 and 1971-72 assessment years? ..... the act was inserted by the finance (no. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2002(95)FLR1205]; (2003)ILLJ801Jhar
..... of taking over of a company by state finance corporation as per 29 of the state finance act, 1951 from which the subsequent transferee purchased the ..... reported in (1979) 4 scc 573 while upheld the provisions, held that a penalty for default or failure in performance of duty imposed under the act as well as a compensation for the loss sustained by the employees, recovery of damages equivalent to the amount of arrears from a habitually defaulting employer, ..... thereafter, took action under section 29 of the state finance corporation act, 1951 (skc's act, 1951 for short) and took over possession of ..... union of india, reported in 1976 lic 666, the gujrat high court discussed the scope and applicability of section 16(1)(b) of the act, 1952, taking into consideration the fact that the business of the old company was completely wound up and closed, court sold the assets of old company, held that there ..... by common appellant and as arises out of proceedings under the 'employees provident fund and miscellaneous provisions act, 1952' (act 1952 for short), they were heard together and are being disposed of by this common judgment. ..... if the appellant has been advised to move in appeal against the order of damages passed under section 14-b of the act, 1952, it can also raised the question of reasonable opportunity before the appellate court which can determine the issue on the ..... , patna, reported in 1983 lic 940 held that imposition of penalty under section 14-b is a quasi judicial function and the order .....
Tag this Judgment!Court : Jharkhand
Reported in : (2004)190CTR(Jharkhand)116; [2004]270ITR214(Jharkhand); [2004(2)JCR116(Jhr)]
..... the former is direct while the latter may be indirect in its execution.a conspectus of the explanation added by the finance act, 1964 and the subsequent substituted explanations makes it clear that the statue visualized the assessment proceedings and penalty proceedings to be wholly distinct and independent ..... therein, the full bench of the patna high court considered the effect of the amendment brought about to section 271(1) of the income tax act and the addition of the explanation and noticed that the burden had shifted to the assessee from the department to offer a reasonable explanation for his furnishing an alleged inaccurate particulars or concealing a particular ..... the assessee sought a reference of five questions in his application under section 256(1) of the income tax act, filed before the income tax appellate tribunal, which decided that the question that really arose for decision was the one that has been quoted above by us in the beginning which, in effect, ..... the kerala high court as follows :'section 271(1)(c) of the income tax act, 1961, is attracted where in the course of any proceedings under the act, the assessing officer or the first appellate authority is satisfied that (a) any person has concealed the particulars of his income; or (b) has furnished inaccurate particulars ..... the calendar year 1983 and rs. ..... that he intended to account for the amount on 'completed project basis' since the had undertaken a new project of erection of sulphuric acid plant in the year 1983. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2003(4)JCR212(Jhr)]
..... of erstwhile state of bihar and therefore, after creation of the, state of jharkhand the said report lost its relevance so far the area of the newly created state of jharkhand is concerned and cannot be acted upon particularly when by notification dated 27.7.2001 the state of jharkhand constituted a fresh expert committee with a direction to submit its report on the points mentioned in the year 12.12.1996 passed by the supreme court in t.n. ..... registered under the bihar finance act and was granted license under the bihar agricultural produce market act, 1961 and the factories act, 1948. ..... registered under the bihar finance act and license was granted under the bihar factories rules, 1950 and bihar agricultural produce market act, 1961. ..... ranchi and the petitioner was also granted license under the bihar saw mill (regulation) act, 1990 which was time to time renewed but the last renewal having been done for a period of less ..... 306, the question that arose for consideration before the division bench was whether proviso to section 5 of the bihar saw mills regulation act, 1990 is liable to struck down as being invalid piece of legislation and against the public policy. ..... while issuing general direction their lordships held that in accordance with section 2 of the said act, all on-going activity within any forest in any state through out the country without prior approval of the ..... saw mills of the petitioners were established in between 1983 and 1990 and since then their licences have been .....
Tag this Judgment!Court : Jharkhand
Reported in : III(2004)ACC913; AIR2005Jhar47; [2004(4)JCR142(Jhr)]
..... the vehicles for its own purposes and in that situation, no tax was liable to be paid as per section 6 (1- a) of the act inserted by the bihar finance act, 1981 and substituted by the bihar finance act, 1983 as from 1.4.1983 and thereafter the tax need be paid only by the registered owner of a public service motor vehicle and the additional motor vehicles tax at the rate specified in the third schedule of that act. ..... statutory remedy available to the petitioner to challenge the order, annexure-1 in that behalf, holding that the company is liable to pay additional tax, since it involved the question of interpretation of the relevant provision in the act, it was appropriate that the question be decided in this writ petition, especially in view of the fact that the writ petition was admitted for hearing long ago and has been pending in this court all ..... state of orissa, air 1992 sc 1371, while interpreting the relevant provision of the orissa motor vehicles taxation act, the supreme court held that the very nature of dumpers and rockers which fun on rubber tyres made it clear that they were adapted for use on roads and the significant ..... is based on the plea that a public service motor vehicle as defined in that act meant a motor vehicle used or adapted for the carriage of passengers or goods for hire ..... according to the petitioner, tax was being paid on these vehicles in terms of the act, but additional tax was not liable to be recovered in view of the fact that the vehicles could not be .....
Tag this Judgment!Court : Jharkhand
Reported in : 2008(56)BLJR2126; [2008(3)JCR698(Jhr)]; (2009)24VST233(Jharkh)
..... besides challenging the re-assessment order dated 5/5/2006 for the period, 1999-2000, the petitioner also challenged the vires of rule 13a of the bihar sales tax rules, 1983 as amended by notification dated 01.2.2000 and also section 21(1)(a)(1) of the bihar finance act, 1981 on the ground, inter alia, that such provisions are unworkable and ultra vires in view of the law laid down by the supreme court in the case of gannon dunkerley ..... exercise of power conferred under section 48 of the bihar finance act 1981, bihar sales tax rules 1983 was framed which was notified vide notification no. s.o. ..... petitioner's case is that it has been filing returns both under the bihar finance act and under the central sales tax act in the jamshedpur urban circle and the assessment order for the years 1999-2000 was duly passed in ..... account of certain error apparent on the face of the record, the petitioner filed review application under section 47 of the bihar finance act and accordingly, order of review was passed. ..... thereof, the petitioner submitted show cause and the authority, after considering the show cause, passed the impugned order under sections 17(3), 19(1)(a) and 19(2) of the bihar finance act raising a demand of rs. ..... of law says that particular deductions would be provided but unfortunately nothing is provided in relation to the other charges either in section 21 itself or in the rules framed in exercise of the powers conferred by section 58 of the bihar finance act.xx xx xx xx xx xx xx31. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2006(4)JCR37(Jhr)]
..... ['provided that in case of such goods which are liable to tax under section-12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the ..... the stand of the state that the revenue earned is being made over to the local bodies to compensate them for the loss caused, makes the impost compensatory in nature, as augmentation of their finance would enable them to provide municipal services more efficiently, which would help or ease free-flow of trade and commerce, because of which the impost has to he regarded as compensatory in nature ..... ) ordinance, 2001 (jharkhand ordinance 02 of 2002), constitutes reasonable restriction, we are of the view that the entry tax imposed by bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993, as adopted by the state of jharkhand and amended by jharkhand tax on entry of goods into local areas for consumption, use or sale thereof (amendment) ordinance, 2001 (jharkhand ordinance 02 of 2002), ..... aforesaid stand taken on behalf of the state of bihar and the decisions, rendered by the supreme court, patna high court held that levy of entry tax, sought to be imposed under the said act, cannot be said to be either compensatory or regulatory but it impedes the free flow of trade and commerce and does not satisfy the requirement under article 304(b) of the constitution, inasmuch as it ..... preamble and provisions in the ..... reasons, the preamble and the provisions in the act .....
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