Court : Orissa
Reported in : (2009)226CTR(Ori)621
..... to obviate this kind of unexpected outcome of section 43b, the first proviso was added in section 43b by the finance act of 1987. ..... explanation 2 was, therefore, added by the finance act, 1989, with retrospective effect from 1-4-1984, for the purpose of removing any ambiguity about the term 'any sum payable' under clause (a) of section 43b.section 43b(a), the first proviso to section 43b and expln. ..... the assessment order it clearly reveals that the pf has been paid during the financial year, which is also much before the time allowed under the statute for filing return under section 139(1) of the income tax act.as it appears, the learned tribunal has not discussed in its order as to why the decision of the hon'ble supreme court in allied motors's case (supra) is not in consonance with factual aspect involved in the ..... in allied motors's case (supra), the hon'ble apex court held that section 43b of the income tax act, 1961, was inserted with effect from 1st april, 1984, to discourage taxpayers who did not discharge their statutory liability of payment of excise duty, employer's contribution to pf, etc. .....
Tag this Judgment!Court : Orissa
Reported in : 1999(I)OLR408
..... various provisions of bengal finance (sales-tax) act, 1941 (in short, 'bengal finance act') and west bengal sales-tax act, 1954 (in short, 'bengal act') as amended by the west bengal taxation laws (second amendment) act, 1984 (in short, 'bengal amendment act'). ..... any period which remains after deducting therefrom his contractual transfer price during that period on -(a) contractual transfer of goods referred to in section 14 of the central sales tax act, 1956, on a prior sale whereof in west bengal sales tax act, 1954, if such goods are notified for taxable under that act, is shown to the satisfaction of the commissioner to have been paid;(b) contractual transfer of goods, sales of which are declared tax ..... that under the bengal finance act, section 6-d starts with non obstante clause that notwithstanding anything contained elsewhere in the act a person is to be held to be a dealer for effecting sale under section 6-d. ..... the bengal finance act a contractor shall not be held to be liable to pay sales-tax under the said act unless his contractual transfer price exceeds the limitation provided in section 6-d (1 ..... that is also the ratio of decision in gannon dunkerley's case : (1993) 88 stc 204 (sc) wherein provisions of sections 3, 4 and 5 of the central sales tax act were held applicable notwithstanding there being no amendment to section 2(g) for determining whether the transaction amounts to sale in the course of inter-state trade or determining the situs of sale, or whether it is a .....
Tag this Judgment!Court : Orissa
Reported in : AIR2006Ori175
..... 1 -corporation has no charge or lien over the aforesaid machine as it was not purchased with its finance, but instead it has seized the unit including the machinery belonging to the petitioner and advertised for sale. ..... a doppler ultrasound/logiq 500 style g++v2.2 asix are otherwise not tenable since the state financial corporation in the counter filed has taken a positive stand that it has not seized in exercise of powers conferred under section 29 of the state financial corporation act any such machine as claimed by the writ petitioner.7. ..... 2.55 crores, no fault can be found with the state financial corporation for its action under section 29 of the state financial corporation act in seizing the unit or advertising it for sale.6. ..... , hyderabad imported a 'whole body ct scanner' model somutem cr from usa with finance made available to it by the petitioner on execution of a hire purchase agreement. ..... 2, in its counter affidavit, has taken the stand that the machine has neither been hypothecated nor any charge has been created over the same and the finance corporation is to release the same in favour of opp. ..... , but the petitioner having not taken any steps, action under section 29 of the state financial corporations act has been taken. ..... 1, the state financial corporation in inviting offer for sale of the machinery, which according to the petitioner, is neither financed nor hypothecated or mortgaged to it. ..... 6758 of 1999 claiming that it had provided finance to opposite party no. 2 m/s. .....
Tag this Judgment!Court : Orissa
Reported in : 67(1989)CLT601; 1989(42)ELT552(Ori)
..... in this application under article 226 of the constitution of india, levy of duty on electricity under central excises & salt act, 1944 (hereinafter referred to as 'the act') as amended by section 36 of finance act 1978 is assailed by the petitioner, a company registered under the indian companies act, 1913.2. ..... referring to section 39 of the indian electricity act, it was observed :-'with regard to the first reason that section 39 of the act extended the operation of section 378 of the code, it seems to us beyond question that section 39 did not extend section 378 in the sense of amending it or in any way altering the language used in it. ..... mohanti submitted that electricity is not goods and accordingly by section 36 of the act 19 of 1978 inclusion of item he to the first schedule to the providing for levy of duty on electricity at two paise per kilowatt-hour is beyond the legislative power. ..... in conclusion,(i) electricity is goods as has been held in the commissioner of sales-tax's case (supra),(ii) generation of electricity for the purpose of the act is manufacture or production of electricity, since the term 'manufacture' or 'production' is to be given a wide meaning, (iii) inclusion of tax leviable under the act on the board has rightly been included in the tariff as amended in the year 1980.10. ..... the term 'excisable goods' has been defined in section 2(d) of the act to mean 'goods specified in the first' schedule as being subject to duty of excise. .....
Tag this Judgment!Court : Orissa
Reported in : 1991(II)OLR32
..... it is the submission of the learned counsel appearing for the petitioners that section 32 (4) of the act makes mandatory provision for consultation with the financing bank before any action is taken under section 32 (1) and that whenever it is seen that the consultation has not been made, the supersession proceeding becomes liable to be quashed. ..... a rider' on the regsitrar's authority and is to the following effect:'(4) before taking any action under sub-section (1) in respect of a society, the registrar shall consult the financing bank to which it is indebted and consider the opinion received from such bank :provided that where no opinion is received from such bank of period of thirty days from the date of reference by the registrar, it shall be deemed ..... while thus consulting with the financing bank is the condition precedent before issue of notice under section 82( ) to show cause and non o consultation renders the supersession proceedins; void, yet where reference has been made to the financing bank -ifter the issue of notice under section 32(1) but the order of supersession is passed after receipt of the opinion of the financing bank as agreeing to the supersession, the orders of supersession have been upheld by this court in air 1981 or. ..... the amendments are only procedural in nature and do not in any way affect the interpretation of the substantive provisions of sub-sec-s. ..... the amendment of the provisions of sub-secs. .....
Tag this Judgment!Court : Orissa
Reported in : [1991]189ITR741(Orissa)
..... it is also urged that the conception of presumptive income has not been introduced for the first time by section 44ac inasmuch as sections 44b and 44bb which found place in the statute book by virtue of the finance acts of 1975 and 1987 had also dealt with presumptive incomes. ..... this has been done by inserting sections 44ac and 206c in the income-tax act, 1961, (hereinafter called 'the act'), by the finance act, 1988. ..... been collected, and specifying the sum so collected, the rate at which the tax has been collected and such other particulars as may be prescribed, (5a) every person collecting tax in accordance with the provisions of this section shall prepare half-yearly returns for the period ending on 30th september and 31st march in each financial year, and deliver or cause to be delivered to the prescribed income-tax authority such returns in such form ..... nothing contained in this clause shall apply to a buyer where the goods are not obtained by him by way of auction and where the sale price of such goods to be sold by the buyer is fixed by or under any state act; (b) the right to receive any goods of the nature specified in column (2) of the table below, or such goods, as the case may be, a sum equal to the percentage, specified in the corresponding entry in column (3) of the said table, of ..... these amendments will be made effective from 1st june, 1988... ..... this amendment will take effect from april 1, 1989, and will, accordingly, apply to assessment year 1989-90 and subsequent years .....
Tag this Judgment!Court : Orissa
Reported in : [2002]254ITR495(Orissa)
..... we need not examine the rival contentions in view of the recent amendment made to section 37 of the act as per section 15 of the finance (no. ..... by the aforesaid amendment, the following explanation has been inserted after sub-section (1) of section 37 with retrospective effect from april 1, 1962. ..... the above explanation to section 37(1) was inserted with retrospective effect from april 1, 1962, by the finance (no. ..... on being moved under section 256(1) of the income-tax act, 1961, by the assessee, the income-tax appellate tribunal has referred the following questions of law arising out of its order dated july 26, 1993, in i. t. a. no. ..... in view of the aforesaid amendment, we answer the question in favour of the revenue and against the assessee.9. ..... as it appears, the aforesaid amendment has been effected in order to clarify that no allowance shall be made in respect of expenditure incurred by an assessee for any purpose which is an offence or which is prohibited by law. ..... ]188itr6(bom) contended that in the commercial circles payment of secret commission is recognised as a matter of practice and accordingly the amount claimed by the assessee as payment towards commission of the agents is an allowable deduction within the meaning of section 37(1) of the income-tax act, 1961.5. ..... 1,14,450 was not an allowable deduction under section 37(1) of the income-tax act ? ..... during the assessment year 1987-88, its sale amounted to rs. ..... 2) act, 1998 (i.e. ..... 2) act, 1998, which was brought to our notice by mr. .....
Tag this Judgment!Court : Orissa
Reported in : (1988)72CTR(Ori)231
..... was no dispute in that case that the creditors had complied with the requirementof section 24(2)(c) of the finance act which was accepted by the revenue.10. ..... to combat the above contention, learned standing counsel relied upon the definition of 'person' in section 2(31) of the act to show that in the definition, (i) an individual, and (ii) a hindu undivided family have been separately classified and a distinction was made between a ' hindu undivided family ' and ' an ..... the question falling for consideration in this case was entirely different, namely, as to whether section 3 of the wealth-tax act, 1957, in so far as it purports to levy a charge of wealth-tax in respect of the net wealth of hindu undivided families, ..... removal of doubts, it is hereby declared that, save as otherwise expressly provided in the explanation to sub-section (1) of section 13 and in sub-section (4) of section 16, nothing contained in this act shall be construed as conferring any benefit, concession or immunity on any person other than the person making the declaration under this act.'9. ..... the books of account of the assessee and the other documents were requisitioned under section 132a of the act from the custody of the superintendent of police, cbi, cuttack. ..... the assessee was summoned under section 131 of the act and his statement on oath was recorded by the income- ..... rather it goes against him as it has been held in unambiguous terms in this case that ' the declaration under section 24(2) of the finance (no. .....
Tag this Judgment!Court : Orissa
Reported in : 92(2001)CLT355; 2001(II)OLR144
..... provision of the act have been amended since the decision in sri ram chandra khera (supra) whereby the necessity of consultation with the financing bank before issuing notice ..... is correct that the registrar committed illegalities in giving effect to the order of removal on october 4, 2000 without obtaining the opinion of the financing bank, but there deemed no objection ultimately came to be attracted when no opinion of the bank was forwarded within 30 days from the date ..... the petitioners has submitted that under section 32(1) of the act an order of removal of the committee can be passed only after consulting the financing bank of the society. mr. ..... section 32(1) of the act has conferred on the registrar the power and authority to remove the committee of any cooperative society after giving the said committee a reasonable opportunity of being heard and after consulting the financing bank ..... clear from the language of section 32(1) that before removing the committee of management financing bank is to be consulted. ..... according to the said sub-section, if the financing bank of the society does not tender its opinion within 30 days of reference made to it, it shall be deemed that it has no objection if the ..... section 32(4) of the act came into play and there was deemed no objection to the registrar's proposal to ..... the managing director of the bank is not the opinion of the bank for the purpose of consultation within the meaning of section 32(1) of the act. ..... sub-section (4) of section 32 contains .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT658; (2008)14VST379(Orissa)
..... order in exercise of the powers under section 7 of the bihar finance act, 1981, if it would be found to be repugnant to the industrial policy declared ..... approved by the cabinet itself and the issuance of the notification under section 7 of the bihar finance act, 1981 was by the state govt. ..... and the representatives of the orissa aluminium utensils manufacturers association on 23.10.2002 (annexu,re-1a); (b) direct the opposite parties to grant sales tax exemption to the petitioner in view of entry 43-a of the finance department notification dated 26.7.1996; (c) direct the opposite parties to grant sales tax exemption to the petitioner as per the specific provision made in this regard under the industrial policy resolution 1996; and ..... 12.11.2002 issued under section 6 of the orissa sales tax act, 1947 (annexure-17) amended item no. ..... , the impugned action of the opposite parties holding that the petitioner's industrial unit is not entitled to the exemptions in terms of entry 43-a of the sales tax exemption notification dated 26.7.1996 of the finance department is absolutely arbitrary, unreasonable and violative of article 14 of the constitution of india. ..... with the present case but on the request of the counsel appearing for the petitioner in that case, the said case was delinked from this case because of certain amendments brought about in that writ petition. ..... 2184 dated 2.2.1999, annexure-10, by way of amendment substituted sub-para 5.6 (ii)(part-ll) of the ipr 1996 published in the .....
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