Court : Delhi
Reported in : 1987(29)ELT753(Del); ILR1985Delhi164
..... . assessment for each year is distinct and separate for the reason that the finance act which alone supports the assessment, is sanctioned only for a particular year by ..... . in the present case the challenge is only on merits and in the normal course i would have been inclined to reject this petition on this preliminary objection.but on peculiar facts of this case i do not intend to do so.that is why i have gone into the merits of the whole matter and have given my ..... . moreover, stc is not the authority at all for giving any interpretation about what items are canalised.thus in .chapter 20 of import policy 1980-81 dealing with classification and interpretation of the policy para 202 specifically provides that in all other matters relating to actual users enquiries emanating from other ..... . section 111 and 112 fall under the same chapter, chapter xiv, the heading 'confiscation of goods and conveyances andimposition ..... of 1980, chapter 15 has been substituted in customs act, 1962 ..... . 1979-80 hand book (para 70 of chapter vi) permitted revalidation on condition of conformity with current ..... makes a note that each heading number corresponds to the respective chapter and heading number of the first schedule to the customs tariff act. ..... . para 23(1) in the slid chapter speaks of importation on open ..... all the provisions of chapter xiv are penal ..... .-chapter 3-b-part b-jurisdiction of a single judge and of benches of the court :rule 8-judge or judges who refer a case shall ordinarily sit on the bench which .....
Tag this Judgment!Court : Delhi
Reported in : (1998)145CTR(Del)560
..... the chapter xx-c was inserted by the finance act, 1986 ..... relied upon the passage of the judgment of the supreme court reported in air 1968 sc 1156 wherein the supreme court had held :'it is well settled that where the jurisdiction of an administrative authority depends upon a preliminary finding of fact the high court is entitled, in a proceeding for a writ, to determine upon its own independent judgment whether or not that finding is correct. ..... the explanationn the details about the property sold in the locality in or about 1987 are given below :propertyaverage land rate1.vacant plot of land no. ..... the order of pre-emptive purchase made on 10th july, 1987, was set aside in cwp 2275/87 decided on 1st march, 1993, in view of supreme court decision in c. ..... land rate in respect of immovable property sold on 10th may, 1987 located at j-10, green park, new delhi near historical monument worked out to ..... appropriate authority had acted contrary to the established principles by comparing the subject property with properties situate in colonies like hauz khas, green park or safdarjung enclave which were fully developed more than 10 years prior to the agreement in 1987. ..... khas, new delhi, which sale took place in february, 1987; sale instance of property no. ..... (supra) and (1987) 166 itr 485 ..... of immovable property b-1/16, hauz khas, new delhi which was one side open and the sale took place in february, 1987 worked out to rs. ..... on 10th july, 1987 the appropriate authority passed the order for compulsory .....
Tag this Judgment!Court : Delhi
Reported in : [1998]231ITR318(Delhi); [1998]97TAXMAN144(Delhi)
..... 'while introducing chapter xx-c parliament did not think fit or necessary to have similar proviso but it came in the form of instructions in the department to the appropriate authorities.section 269g provided for an appeal to the tribunal against the order of the competent authority and section 269h provided for a further appeal to the high court.the chapter xx-c was inserted by the finance act, 1986, with effect from 1st of ..... would ordinarily fetch in the open market on the date of the transfer, if such transfer had been made only for consideration in money;'under section 269d the competent authority was enjoined to issue preliminary notice.under section 269c the competent authority could initiate proceedings for acquisition of property and the competent authority was obliged to give reasons. ..... land rate in respect of immovable property sold on april 10, 1987, located at j-10, green park, new delhi, near historical monument worked out ..... explanationn, the details about the property sold in the locality in or about 1987 are given below :propertyaverage land rate(rs.)1. ..... authority had acted contrary to the established principles by comparing the subject property with properties situate in colonies like hauz khas, green park or safdarjung enclave which were fully developed more than 10 years prior to the agreement in 1987. ..... hauz khas, new delhi, which sale took place in february, 1987; sale instance of property no ..... order of pre-emptive purchase made on july 10, 1987, was set aside in c.w.p. no .....
Tag this Judgment!Court : Delhi
Reported in : [1987]62CompCas769(Delhi)
..... inasmuch as they are catering for the purposes which were not met by the organized banking system until recently, thought it recognised that with the increasing interest taken by the banking system in financing the small man, there may well be a shift of a great may be an area of credit, beyond the line representing what the commercial banks would be prepared ..... on the weaker sections of the society and, thereforee, if by a measure, on a company which is permitted to attract deposits from the public generally described as gullible, simultaneously, an obligation is imposed to keep an infinitesimally small portion of assists as liquid finance available for meeting the obligations, namely, repayment of deposits maturing in a giving year, it cannot be said that this constitutes deprivation of the company's funds.' 44. ..... loan or finance companies were already subject to the regulation and supervision of the directions of the reserve bank issued by it in pursuance of powers under chapter iii-b of the reserve bank of india act, and it would have been superfluous to include these financial institutions within section 58a of the act. 23 ..... a reference was made by counsel for the petitioners to a preliminary report of the world bank with regard to the functions of the various shroffs and stress was laid on the fact of informality with which certain transactions are put through, which financial institutions are not ..... not much help can be drawn by the petitioners on this preliminary report. 48. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)99ITD417(Delhi)
..... before us, heavy reliance has been placed by the learned dr on the amendment made in section 158bb(1) by the finance act, 2002 with retrospective effect from 1-7-1995 to contend that even the other material or information as are available with the assessing officer and relatable to the evidence found ..... in the earlier part of this order relying, inter alia, on the decision of hon'ble calcutta high court in the case of bhagwali prasad kedia (supra), the block assessment under chapter xiv-b is in addition to the regular assessment and the assessing officer is not entitled to question or examine the transactions disclosed in the regular return during the course of ..... -- (c) any assets represent either wholly or partly income or property which has not been, or would not have been, disclosed for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act by any person from whose possession or control such assets have been taken into custody by any officer or authority under any other law for the time being in ..... however, keeping in view our decision on the preliminary issue rendered above holding that the said diaries could not be used as evidence for the purpose of computing undisclosed income of the assessee and ..... of income-tax, central circlc-2, new delhi (assessing officer), dated 26-8-1997 passed under section 158bc for the block period comprising of assessment years 1987-88 to 1997-98 and a further period up to 16-8-1996.2. ..... by the assessee in 1987-88 and .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(22)ECC86
..... shri d.n.mehta, learned advocate for the appellant-applicants wanted to argue on the preliminary objection and the matters were adjourned to 13.1.1989.on 13.1.1989, when the matters were called, shri mehta made a request for adjournment on the ground that he wanted time to rectify the defect ..... irregularity in presenting the appeal, namely, that the appeal was accompanied by only one set of the three items mentioned in rule 3 of chapter 2-c of the civil procedure code which requires that three sets should be filed. ..... fresh appeals have now been filed duly signed by the vice-president (finance) of the appellant-company.the learned advocate for the appellant-applicants has made an oral prayer during the hearing before us that rectification of the defect sought to be done by the appellant ..... that the appellant-applicants had rectified the defect by filing fresh appeals duly signed by the vice-president (finance) of the company and the same were presented in the registry on 9.2.1989. ..... he would like to contest the preliminary objec- tion of the learned ..... shri gupta raised a preliminary objection stating that earlier, appeals filed by the appellant-applicants being defective, should be dismissed and the present appeals should be taken on record after condoning the delay, if there is ..... that sub-section (6) of section 35-b of the central excises and salt act is a procedural provision. ..... an authorised person on those appeals as required under section 35-b(6) of the central excises and salt act. .....
Tag this Judgment!Court : Delhi
Reported in : (2009)223CTR(Del)250; [2009]183TAXMAN495(Delhi)
..... chapter xix-b of the act, which was introduced in the act, by virtue of the finance act ..... his submissions above, the learned counsel for the petitioner further contended that, even if it is assumed, that the income is deemed to arise or accrue to the petitioner under the provisions of sections 5(2) and 9(1)(i) of the act, the business profits of the petitioner would be liable to tax, only if, it has pe within the meaning of article 7(3) r/w articles 5(1) and (3) of dtaa.3.2 it is the submission of the learned counsel for the ..... following activities:(i) responding to enquiries from correspondent banks with respect to drafts issued;(ii) undertaking reconciliation of bank accounts held in india with correspondent banks under drafts drawing arrangement;(iii) acting as a communication centre receiving computer advices of mail transfer from uae and transmitting to the indian correspondent banks;(iv) printing drafts and dispatching the same to the addressees and;(v) following ..... this brings us to the next limb of the preliminary objection as to whether in the facts and ..... , could not be termed as an activity of an 'auxiliary' character, so as to fall within the ambit of an exclusionary clause contained in article 5(3)(e) of dtaa.our reasoning with respect to preliminary objection of the respondent5. ..... jolly, has raised a preliminary objection, which is that, in view of section 245s, which provides, that the advance ruling pronounced by the authority under the provisions of section 245r shall be .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2000)72ITD97(Delhi)
..... chapter xiv-b comprising of sections 158b and ending with 158bh came into the statute by the finance act ..... on or after 30-6-1995 or where requisition is made of account books, other documents or assets under section 132a, the assessing officer should proceed to to assess the undisclosed income in accordance with the provisions of this chapter.the word 'undisclosed income' is defined under section 158b(b) which is an inclusive definition and it includes any money, bullion, jewellery or other valuable article or thing or any income based on any entry in the ..... granting sanction, the hon'ble supreme court held that the said authority can validly question by filing a writ in the high court and that the maxim actus curiae neminem gravabit (act of the court harms no one) applies.firstly, this case is dealing with the meaning of the word 'sanction' and not 'approval' with which we are concerned and we ..... that the decision will have far reaching consequences.he suggested formation of the special bench to answer the following questions : (1) (a) whether the commissioner while approving the order of assessing officer under section 158bc of the act is required by law to necessarily give an opportunity of hearing to the assessee (b) whether the approval of an order by the commissioner without giving an opportunity of being heard to the assessee, would render the ..... preliminary steps, which in the results may not involve immediate legal consequences may lead to acts ..... assessment year 1987-88 anywhere. ..... 1987 .....
Tag this Judgment!Court : Delhi
Reported in : 2000(2)ARBLR264(Delhi); 84(2000)DLT1; 2000(52)DRJ645
..... chapter xiv-b was inserted by the finance act, 1995 with effect from 1st july, 1995 laying down ..... search is initiated under section 132 in case of any person after 30th june, 1995, the assessing officer is required to proceed to assess the un-disclosed income in accordance with the provisions of the said chapter and the total un-disclosed income relevant to the block period has to be charged to tax at the rates specified in section 113 as to income of the block period irrespective of the previous year or years to ..... , bullion, jewellery or other valuable article or thing represents either wholly or partly income or property (which has not been, or would not be, disclosed) for the purposes of the indian income-tax act, 1922 (11 of 1922), or this act (hereinafter in this section referred to as the undisclosed income or property), then:- (a) the director general or director or the chief commissioner or commissioner, as the case may be, may authorise any joint ..... before parting with the case we may also deal with the aforenoted two preliminary objections raised by the respondents with regard to the territorial jurisdiction of this court and the availability of alternative remedy to the petitioner of appeal to the ..... in the common affidavit in opposition, filed on behalf of the respondents, two preliminary objections have been raised to the maintainability of the petition, namely, (i) that since the search and seizure was carried out by the income-tax authorities at chennai, this .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1987)(10)LC665Tri(Delhi)
..... the said change was effected by the finance (no.2) act, 1980 and the amended provision came into force ..... narendra p unrao and ors.supra has held that the expression "any person aggrieved" appearing in sub-section (1) of section 129a of the customs act does not take within its ambit "the revenue" or "collector" and refers only to "the assessee" or other persons other than the "revenue" and therefore the appeal filed by the collector of customs ..... chopra, learned consultant for the respondent raised the preliminary objections that the tribunal should not hear the appeal under proviso to sub-section (1) of section 35b of the central excises and salt act, 1944 and the collector being not, an aggrieved party has no right ot file the ..... also on record that the collector in exercise of the powers vested in him under section 35b(2) of central excises and salt act, 1944 authorised and directed the assistant collector, central excise, jalandhar to file the present appeal on his behalf. ..... as regards the other preliminary objection that the collector of central excise has no right to file the appeal shri chopra, learned consultant for the respondent submitted that the collector is not an aggrieved party within section 35b of the central excises and salt act, 1944 and therefore the appeal is ..... my due consideration to the arguments advanced by both the parties, i am of the opinion that this preliminary objection also has no force. ..... the present chapter vi-a replaces sections 35, 35-a and 36 of the act 1 .....
Tag this Judgment!