Judgment Search Results Home > Cases Phrase: finance act 1984 section 2 income tax Court: patna Page 10 of about 944 results (0.069 seconds)

Commissioner of Wealth-tax Vs. Smt. Sushila Agrawal

Court : Patna

..... , 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-section (4) of section 7, is as under : ' notwithstanding anything contained in sub-section (1), the value of a house belonging to the assessee ..... , which is by the appellate assistant commissioner of income-tax. the order of the tribunal is dated november 13, 1984. we have mentioned these dates to show that when these proceedings were being conducted, sub-section (4) of section 7 of the wealth-tax act was in force.5. mr. rastogi, learned counsel for the assessee, has referred to a bench decision of the .....

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 .....

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.)

..... .thereafter 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 the assessing ..... in eastman consultants (p.) ltd. v. cbdt [1981] 132 itr 637/7 taxman 93 (bom.) and searle (india) ltd. v. cbdt [1984] 145 itr 673/[1983] 12 taxman 300 (bom.) supported the revenues stand regarding the claim of deduction under section 80-o by the assessee.8.21 the learned d.r. further submitted that the provisions of ..... the cases 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 similar payments .....

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

Court : Patna

..... and 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 tax at ..... as 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 and ..... sales tax [1987] 66 stc 2711, and the judgment of the high court of karnataka in the case of s. v. halavapalli and sons v. commissioner of commercial taxes [1984] 57 stc 343.22. in the case of chandu lal kishori lal : [1969]3scr849 the question was whether the cotton includes cotton seeds. the apex court held that they were .....

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 .....

Pro Agro Seeds Co. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... be charged from the date when the original return was filed under section 7(2) or 7(2a) of the act. section 7 of the rajasthan sales tax act is similar to section 16 of the bihar finance act, which provides for filing of the return. sub-sections (2) and (2a) of section 7 contain provision for deposit of the amount of tax due on ..... is that the direction issued by the commissioner has no support in law in the sense that he has no power under the provisions of the bihar finance act, 1981 (for short 'the act') to issue such directions to the assessing authority exercising quasi-judicial function. the petitioner has already filed a return and has paid amount of sales ..... is due according to the information furnished in the return. it is also not the case that return has not been approved and action has been initiated under section 20 of the act after giving opportunity of hearing to the petitioner. thus, the impugned notices, as contained in annexures 1 series, are quashed. it is made clear that .....

S.K.G. Sugar Ltd. and Shiv Shankar Chemical Industries Ltd. Vs. Commis ...

Court : Patna

..... be relevant to note that the period of sale as disclosed in the impugned letters is prior to march 31, 1991. the explanation inserted by the finance act, 1990, to section 44ac of the act has been made effectivefrom april 1, 1991. therefore, for the purposes of transactions which had taken place prior to that day, the purchase price in ..... such cases will include the excise duty as well. therefore, the petitioners are certainly required as per the provisions of section 44ac of the act to collect tax at the rate of 15 per cent. of the total purchase price, including the excise duty, cost of labelling, bottling, etc., plus ..... of deposit in the government's account. 3. by the aforementioned letters the petitioners were informed that wholesalers in liquor, in terms of the provisions of section 44ac of the income-tax act, 1961, are required to collect tax at the rate of 15 per cent. of the total purchase price, including excise duty, cost of labelling, bottling .....