Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: patna Page 2 of about 67 results (0.129 seconds)

Life Insurance Corporation Class I Officers' Sahakari Grih Nirman Sami ...

Court : Patna

..... 2) impounding the sale deed dated 30-3-1987 of the petitioners under section 33 of the stamp act (hereinafter to be referred to as the act) and for restraining the respondents nos. ..... 2) impounding the sale deed dated 19-3-1987 of the petitioners under section 33 of the act (as contained in annexure-5) and also for restraining respondents nos. ..... chandramauli kumar prasad, learned counsel appearing for the petitioners, submits as follows:-- the ordinance in question having admittedly expired on 19-4-1987, issuance of notice on 21-12-1988 were not justified inasmuch as on that day the ordinance was no longer in force. ..... 15 of 1988 by which section 9-a of the act was further inserted, however, in terms of section 1(3) of the act came into force only with effect from 31-3-1990. ..... i do not find any saving clause in respect to section 9-a of the act as introduced by the bihar ordinance no. ..... 15 of 1988) was enacted by the state legislature re-inserting section 9a of the act in terms inserted by the ordinance. ..... the indian stamp (bihar amendment) act, 1988 (bihar act no. ..... the indian stamp (bihar amendment) ordinance, 1986 (bihar ordinance no. ..... 1 filed show cause (as contained in annexure-2 of both the cases) stating to the effect that section 9a of the act, as inserted by bihar ordinance no. ..... however, the said ordinance expired on 19-4-1987 which is evident from the letter sent by the special secretary to the government of bihar, department of finance (as contained in annexure-4). .....

Rajendra Prasad and Co. Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1995)52ITD142(Pat.)

..... the assessee invited our attention further to the amended provisions of section 154(1) substituted by the direct tax laws (amendment) act, 1987 w.e.f. ..... 14-5-1992 which is reproduced below :- provided that the assessing officer shall make an amendment for rectifying any mistake, which has been brought to his notice by the assessee in relation to an intimation referred to in clause (b) of sub-section (1), within a period of three months from the end of the month in which it is so brought to his notice and if no such amendment is made within the said period of three months, the assessee may appeal to the deputy commissioner (appeals), or as ..... the case may be, commissioner (appeals) against such intimation and the provisions of section 246 and section 249 shall have effect as if the said intimation were an order ..... the intention of parliament in enacting section 40(a)(t) can be gleaned from the memorandum explaining the provisions of the finance bill, 1968, which sets, out the object ..... further invited to the explanation below section 143(5) of the act inserted by the finance (no. ..... then invited to the proviso below section 154(2) inserted by the finance act, 1992 w.e.f. .....

Larsen and Toubro Ltd. Vs. State of Bihar and ors.

Court : Patna

..... they have also submitted that unless the follow up legislation to section 21(1) of the bihar finance act is enacted, the said section 21(1) of the act would not become workable and in the matter of works contract, the works ..... the supreme court after appreciating the rival contentions observed that in view of the legal fiction introduced by the amendment, a single contract would become divisible one and to give the value of the goods involved in the execution of a works contract on which tax is leviable must exclude the charges which appertain to the ..... the supreme court observed as under: 'keeping in view the legal fiction introduced by the forty-sixth amendment whereby the works contract which was entire and indivisible has been altered into a contract which is divisible into one for sale of goods and other for supply of labour and ..... the supreme court in the present matter referred to the historic background leading to the enactment of 46th amendment and also referred to the judgment of the supreme court in the matter of builders association of india [1989] ..... page 549 the phrase 'as may be prescribed' : has been indicated to mean as follows : 'the phrase 'as may be prescribed', in constitutional amendment authorising certain cities to adopt or amend their charters, subject to such limitations as may be prescribed by legislature, means that future legislation, as well as that existing when city first takes out or amends charter may limit its action' vernon's ann st constart 11 $ 5. .....

Shakumbhri Udyog Vs. State of Bihar and ors.

Court : Patna

..... the sale has taken place in course of the inter-statei trade and, accordingly, the petitioner is not liable to pay sales tax or additional tax under the provisions of the bihar finance act and, accordingly, the direction issued by the assistant commissioner, commercial taxes, darbhanga circle, darbhanga, for charging 8 per cent sales tax and 1 per cent additional tax as well as the ..... said conditions then it is sale in course of inter-state trade and the petitioner is not liable to tax under the bihar finance act otherwise his liability arises under the bihar finance act on the ground that the sale has taken place in the state of bihar. ..... thus, further assertion made on behalf of the petitioner is that the blankets supplied were woven handloom blankets and they are tax-free under the haryana general sales tax act, 1973 and the blankets moved from the state of haryana in pursuance of a supply order and as such the supply was made in the course of inter-state trade and no sale has been ..... of blankets from panipat, haryana, on the ground that the supply/sale was made as a result of inter-state trade and as such no sales tax is payable under the provisions of the bihar finance act, 1981 with regard to the supply of blankets.2. ..... state of orissa : [1976]2scr939 , it was observed that so far as section 3(a) of the gst act is concerned there is no distinction between unascertained or future goods and goods which are already in existence, if at the time when the sale takes place these goods .....

Indian Oil Corporation Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... application for quashing four orders dated 6th september, 2002 (annexures 17 series) imposing penalty under section 7(4) of the bihar tax on entry of goods into local areas for consumption, use or sale therein act, 1993 (hereinafter referred to as 'the act') read with section 16(9) of the bihar finance act (hereinafter referred to as the 'finance act') for not paying the admitted tax under the act within time for the assessment years 1993-94, 1994-95, 1995-96 and 1998-99 and the demand ..... as i have already held that this was not a fit case for imposing penalty, the writ application filed by the petitioner is allowed and the orders dated 6th september, 2002 imposing penalty under section 7(4) of the act, read with section 16(9) of the finance act, as contained in annexure 17 series, and the demand notices dated 7th of september, 2002, issued in pursuance thereof, as contained in annexure 16 series, are quashed. ..... learned counsel appearing for the petitioner raised the following points:--(i) that the impugned order has been passed in exercise of the power of review under section 47 of the finance act, which empowers, inter alia, the assessing authority and other authorities as mentioned therein to do so, if the same is necessitated on the ground of mistake apparent from the record. .....

Kalyanpur Cements Ltd. Vs. the State of Bihar and ors.

Court : Patna

..... according to the petitioner opinions were obtained from the advocate general, who opined that no amendments were needed in the bihar finance act, 1981 but a notification only was required to be issued to give effect to the provisions of ..... case was thereafter duly examined on 23.1.1998 by a committee headed by the development commissioner which decided that for the purposes of giving sales tax exemption if amendments are required to be made in bihar finance act, the same be done after taking legal opinion. ..... , after consideration of the said proposal vide annexure-5 the state level committee decided to seek the legal opinion of the advocate general, bihar that whether under the provisions of bihar finance act the benefit of sales tax exemption could be considered for 'a potentially viable sick industrial unit' or not and if the said benefit cannot be extended under the existing provisions what ..... all its grammatical variations and cognate expression, shall have the same meaning as defined in the bihar finance act, 1981. ..... on 5.2.2001 the petitioner filed an application for amendment challenging the decision dated 6-1-2001, inter alia, pleading that the ground for rejection of the petitioner's case and non-issuance of the notification were not in accordance with law ..... the petitioner says that the finance commissioner in a meeting with director of industries and joint commissioner of commercial tax approved the draft of the notification and the same was later approved by the economic sub- .....

Sri Parimal and anr. Vs. State and ors.

Court : Patna

..... because, the term prior permission to erect such hoardings to pay taxes in relation thereto as existing under sections 196 to 201 of the municipal act, will be deemed have been was repealed by section 81 of the finance act and similar provisions, in their place, as sections 62 to 80 were brought into effect. ..... that apart, it has also to be remembered that by virtue of section 81 of the finance act, the provisions of levy of tax on an advertisement hoarding under the municipal act or any other enactment in force were repealed. ..... therefore, there cannot be any doubt that levy of tax or any liability determined with regard to levy of tax as contemplated under section 197 of the municipal act arid liable to levy of tax as contemplated under section 66 of the finance act cannot be equated together. ..... because, from a bare reference to the provisions of the section 66 of the finance act, it would appear that no advertisement liable to levy or otherwise under section 63 of the said act shall be erected, etc. ..... therefore, in case of any violation of the provisions of the finance act, the commercial taxes authorities were duly empowered under section 77(a) of the finance act to take a suitable action. .....

Shakti Tubes Ltd., a Company Incorporated Under the Provisions of the ...

Court : Patna

Reported in : 2010(58)BLJR159

..... state of bihar), whereby the order passed by the authorities under the provisions of the bihar finance act (hereinafter referred to as 'the act'), has been upheld, and it has been held that the petitioner is not entitled to the benefit of exemption from payment of purchase tax on raw materials used for manufacture of the products to the extent of sales effected by ..... in view of the provisions of section 7(3)(b) of the act, and in purported exercise of powers under paragraph 10.5 read with the provision of paragraph 10.4 of the 1993 industrial policy, the state government issued s.o. no. ..... the petitioner is a private limited company, incorporated under the provisions of the companies act 1956, and has set up a steel plant at hajipur, district vaishali. .....

Classic Automobiles Vs. State of Bihar and ors.

Court : Patna

..... thirty thousand one hundred sixty-nine and forty paise) for the assessment years 1996-97 and 1997-98 respectively, two identical orders dated march 25, 1998 have been issued under section 27 of the bihar finance act, 1981 (hereinafter referred to as 'the finance act') by the assistant commissioner of commercial taxes, dhanbad, attaching the bank accounts of the petitioner in the oriental bank of commerce, dhanbad (hereinafter referred to as 'the bank') and directing the bank to pay the ..... the impugned orders have been challenged by the learned counsel for the petitioner on three grounds, namely, (i) they have been passed in violation of section 27 of the finance act inasmuch as no notice of demand under section 25 of the said act has been issued, non-compliance of which is a condition precedent for taking action under section 27, (ii) neither any assessment, proceeding as regards entry tax has been initiated, nor any assessment order has been passed so far against the petitioner on account ..... (2) the authority issuing a notice under sub-section (1) may at any time or from time to time amend or revoke any such notice or extend the time for making any payment in pursuance of the notice. .....

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

Court : Patna

..... 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) of the bihar sales tax act, 1959 with that of section 147 of the income-tax act, 1961, the full bench held that the word 'information' in both the provisions of section 18(1) of the bihar sales tax act, 1959 and section 147 of the income-tax act, 1961 have ..... come to a definite conclusion and hold : (i) a mere change of opinion and/or second thought by any authority on the same set of facts and materials on record would not constitute 'information' under section 19(1) of the bihar finance act, 1981 ;(ii) there must be some material and/or facts on the record which had not been taken into account at the time of original assessment, to make reassessment in terms with ..... and thereby the impugned orders on different grounds, as enumerated below : (i) audit report cannot constitute an information, as enumerated under section 19(1) of the bihar finance act, 1981 and on that basis, no proceeding for reassessment can be initiated ;(ii) there is no new material on the record to make reassessment in terms with section 19(1) of the act aforesaid ;(iii) mere change of opinion, as has been made by the audit party and/or by the deputy commissioner, commercial taxes ..... , 1987-88, 1988-89, 1989-90 and 1990-91 were made by the assessing authority treating the vacuum cleaners as 'machinery', which was taxable ..... 1987 .....