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Judgment Search Results Home > Cases Phrase: finance act 1984 section 2 income tax Court: patna Page 1 of about 944 results (0.083 seconds)

Mar 06 1997 (HC)

North Koel Kendu Leaves and Mahulam Leaves, Vs. Union of India (Uoi) a ...

Court : Patna

..... cit : [1986]162itr764(bom) , the question before the bombay high court was whether the assessee was an industrial company within the meaning of section 2(6)(c) of the finance act entitled to the concessional rate of tax. the assessee was a company engaged in export of wool to foreign countries. the assessee after purchasing the mixed ..... that the storing of goods in the cold storage is not sufficient for holding that the stored articles had undergone a process within the meaning of section 2(7)(c) of the finance act. the observation of the supreme court is as follows (page 660) :'in common parlance, 'processing' is understood as an action which brings ..... 47 stc 124. in thecase of g.a. renderian ltd. v. cit : [1984]145itr387(cal) the question for consideration before the calcutta high court was whether the assessee-company was an industrial company within the meaning of section 2(7)(c) of the finance act, entitled to the concessional rate of tax. the industrial company included even a company .....

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Nov 13 1996 (HC)

Narsingh Ram Ashok Kumar Vs. Union of India (Uoi) and ors.

Court : Patna

..... they were similarly situated. we may at this stage also refer to the explanatory notes on the provisions relating to direct taxes in the finance act, 1984, with reference to section 269ss which was inserted in the principal act by the finance act, 1984. it is as follows (see : [1985]152itr1(ap) : '(xxiv) prohibition against taking or accepting certain loans and deposits in cash. 32.1 unaccounted cash ..... , 1989, the amount of such loan or deposit was rupees ten thousand or more. section 269ss itself was inserted by the finance act, 1984. by the same amending act, 1987, section 271d was inserted and at the same time section 276dd which provided for punishment for failure to comply with the provision of section 269ss was omitted, 3. it is not that the petitioner has come to this .....

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May 02 1997 (TRI)

Mithila Properties, Publication Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1997)63ITD113(Pat.)

..... us is whether the godowns in question are liable to wealth-tax as per provisions of section 40(3)(vi) of the finance act, 1983.3. wealth-tax on closely held companies was revived by section 40 of the finance act, 1983 in respect of assessment year 1984-85 onwards. it was intended, as we will presently see, to limit the levy ..... present dispute under the wealth-tax act pertains to the assessment years 1984-85 to 1986-87 and lies in a very narrow compass, namely, as to whether the godowns in question are liable to wealth-tax as per the provisions of section 40(3)(vi) of the finance act, 1983 (referred to as the 'finance act") or not. the assessing officer ..... of wealth-tax to nonproductive assets. assets were listed out in sub-section (3) accordingly. we are concerned with clause (vi) thereto, .....

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Mar 16 1994 (TRI)

Debichand Mohallal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1994)50ITD426(Pat.)

..... 244 6 taxman 61. (sc) and the case of ito v. rattan lai [1984] 145 itr 183 16 taxman 25. (sc). in these cases, the only contention raised was that in view of the declaration made by the creditor under section 24 of the finance (no. 2) act, 1965, no enquiry into the genuineness of the credit in his name in the assessce ..... this appeal by the assessee is whether the addition of the credits in the names of certain minors is justified or not.2. while completing the assessment under section 143(3) of the act, the ito noticed credits in the following names :(1) babita kumari agarwal rs. 19,684 (minor, aged 13)(2) chanda kumari agarwal rs. 19,667 (minor, ..... judgment of his lordship justice s.k. jha at page 154 in the case of addl. cit v. hanuman agarwal [1985] 151 itr 150 [1984] 17 taxman 19. (pat.). the failure to issue summons under section 131 in such cases, according to the judgment, absolves the assessee from any further judgment, absolves the assessee from any further duty, with this .....

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Dec 01 1993 (HC)

Bihar Institute of Mining and Mine Surveying Vs. Commissioner of Incom ...

Court : Patna

..... came into effect on april 1, 1984, reads thus : ''charitable purpose' includes relief of the poor, education, medical relief and the advancement of any ..... as contained in section 2(15) of the act. 11. section 2(15) of the said act defines 'charitable purpose'. it says that charitable purpose includes relief of the poor, education, medical relief and the advancement of any other object of general public utility. 12. section 12a of the said act lays down registration of trusts. section 2(15), before its amendment made by the finance act, 1983, which .....

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Dec 01 1993 (HC)

Bihar Institute of Mining and Mine Surveying Vs. Commissioner of Incom ...

Court : Patna

..... into effect on april 1, 1984, reads thus :"charitable purpose includes relief of the poor, education, medical relief and the advancement of any ..... thereto as contained in section 2(15) of the act.section 2(15) of the said act defines "charitable purpose". it says that charitable purpose includes relief of the poor, education, medical relief and the advancement of any other object of general public utility.section 12a of the said act lays down registration of trusts. section 2(15), before its amendment made by the finance act, 1983, which came .....

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Sep 26 1994 (TRI)

industrial Packers and Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD1(Pat.)

..... patna high court has held in the case of jamshedpur motor accessories stores (supra) that the first proviso below section 43b is clarificatory and operative from assessment year 1984-85 retrospectively although the proviso was inserted by the finance act, 1987 w.e.f. 1-4-1988. this decision had been followed by the bombay bench of the ..... 1-4-1989 to include section 43b, the only conclusion to be drawn was that section 43b could not be invoked for assessment year 1986-87 ..... in accordance with the provisions contained in sections 30 to 43a only and section 43b was not applicable during assessment year 1986-87.5. the id. counsel for the assessee conceded fairly that section 43b had been inserted by the finance act, 1983 with effect from 1-4-1984, but since section 29 was amended only with effect from .....

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Feb 23 1995 (HC)

Eureka Forbes Ltd. Vs. State of Bihar and ors.

Court : Patna

..... of the bihar sales tax act, 1959 with that of section 147 of the income-tax act, 1961, ..... etc., is doing business of selling vacuum cleaner. petitioner has challenged notices issued by the respondent-deputy commissioner of commercial taxes, jamshedpur, under section 19(1) read with section 17(2) of the bihar finance act, 1981 (annexure 1 series in respective writ petitions) ; orders of reassessment (annexure 2 series of respective writ petitions) and orders passed in ..... meaning of this section."12. a full bench of this court in the case of bhimraj madanlal [1984] 56 stc 273 took into note the old provisions of section 18(1) of the bihar sales tax act, 1959, which is same and similar to new section 19(1) of the bihar finance act, 1981, having compared with section 18(1) .....

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Feb 01 2008 (HC)

Kandra Glass House and Baba Glass and Crockeries House Vs. Commissione ...

Court : Patna

..... ?2. whether on the facts and in the circumstances of the case the tribunal has correctly applied the provisions of section 43b and its expln. 2 inserted by the finance act, 1989, with retrospective effect from 1st april, 1984?2. short facts giving rise to these references are that the two assessees realised a sum of rs. 19,913 ..... the revenue and in favour of the assessees.9. we are further of the opinion that the tribunal has not correctly applied the provisions of section 43b of the act and its expln. 2 inserted by the finance act, 1989, hence answer to the second question is also in negative, against the revenue and in favour of the assessees. ..... the revenue, the tribunal, patna bench, came to the conclusion that any payment beyond accounting period cannot exonerate the assessees from the purview of application of section 43b of the act and accordingly it allowed the appeal of the revenue.3. on these facts the aforesaid questions have been sent for our opinion.4. mr. ashish agrawal, .....

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Mar 28 2003 (HC)

Associated Cement Company Limited Vs. State of Bihar and ors.

Court : Patna

..... as follows:'where an importer of scheduled goods liable to pay tax under sub-section (2) of section 3 of the ordinance becomes liable to pay tax under the bihar finance act, 1981 by virtue of sale of such scheduled goods, his liability under the bihar finance act, 1981 shall be reduced to the extent of tax paid under the ordinance.' ..... the petitioner is not entitled to adjustment towards the payment of entry tax under the act.10. alternatively, learned counsel for the petitioner submitted that the petitioner is paying additional tax of one per cent under section 6 of the bihar finance act, 1981 and as such to that extent his liability for payment of additional tax has ..... goods is liable to pay tax under the bihar finance act, by virtue of such scheduled goods it is entitled to reduction of its liability under the bihar finance act to the extent of the tax paid under the act. now the said provision has become part of section 3 by the amendment act (amendment made in the year 2001). as .....

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