Judgment Search Results Home > Cases Phrase: finance act 1987 section 91 amendment of section 42 Court: patna Page 7 of about 67 results (0.120 seconds)

Mohan Mohan and Co. Pvt. Ltd. Vs. State of Bihar and ors.

Court : Patna

..... the petitioner has filed the present writ application challenging the order dated january 28, 2003 passed by the additional commissioner, commercial taxes, bihar, patna, in exercise of revisional power under section 46(4) of the bihar finance act, 1981 by which he has rejected the revision application filed by the petitioner on the ground of delay in approaching him.2. ..... suffice it to say that the petitioner is registered under the bihar finance act, 1981, hereinafter referred to as 'the act' and assessment proceeding was initiated and ex parte order of assessment had been passed on january 28, 2000 under section 17(3) of the act for the assessment year 1997-98. .....

Harinagar Sugar Mills Ltd. and anr. Vs. the State of Bihar and ors.

Court : Patna

..... means entry of goods into a local areas from any place outside the local area or any place outside the state for consumption : provided that in case of such goods which are liable to tax under section 12(1) of the bihar finance act, 1981, entry of goods shall mean entry of goods into local area from any place outside the state for consumption, use or sale therein ..... article empowers the state legislature to make the law putting reasonable restrictions upon the freedom of trade, commerce and intercourse with or within that state, which is required in the public interest, provided that no bill or amendment with regard to the law made under section 304 (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president. 15 ..... the schedule of the act and the same are used or consumed by them and as such they are liable to pay entry tax under the act and the authorities have rightly taken steps and directed the petitioners to comply with the provisions of the act by making payment of entry tax on those articles. 5. learned counsel for the petitioners raised following submissions to assail the validity of the amending act and the notification issued under section 3 (1) of the act ..... on, twelve items including the goods purchased by the petitioners have been included in the schedule by the amending act and a notification under section 3 (1) of the act has also been issued prescribing rates of entry tax, restrictions and conditions regarding the same. 3. .....

Mukesh Kumar and ors. Vs. Commissioner of Income Tax and ors.

Court : Patna

..... by the finance act, 1987, w.e.f. ..... by the finance act, 1987, w.e.f. ..... the case or the complexity of the investigation involved therein, the settlement commission may, by order, allow the application to be proceeded with or reject the application :provided that an application shall not be rejected under this sub-section unless an opportunity has been given to the applicant of being heard :provided further that the cit shall furnish the report within a period of one hundred and twenty days of the receipt of communication from the ..... the cit to be heard, either in person or through a representative duly authorised in this behalf, and after examining such further evidence as may be placed before it or obtained by it, the settlement commission may, in accordance with the provisions of this act, pass such order as it thinks fit on the matters covered by the application, and any other matter relating to the case not covered by the application, but referred to in the report of the cit under sub-s. ..... 245f provides that in the absence of any specific direction by the settlement commission to the contrary, nothing in this chapter shall affect the operation of the provisions of this act in so far as they relate to any matters other than those before the settlement commission to grant immunity from prosecution and penalty which power has to be exercised at the time of final disposal of the application ..... 277 of the act.chapter xix-a was inserted in the act by the taxation laws (amendment) act, 1975, .....

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

Court : Patna

..... in that case the question for consideration was whether the assessee, a private limited company, was an industrial company as defined under section 2(7)(c) of the finance act for the purpose of the first schedule to that act so that it is entitled to concession in the matter of taxation. ..... 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. ..... 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 as defined under section 2(7)(c) of the finance act was a company which was mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining. ..... it further held 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. .....

B.K. Jaiswal and ors. Vs. State of Bihar and ors.

Court : Patna

..... learned counsel further submitted that the impugned order issued by the excise commissioner was bound to cause interference in the assessment proceeding that would be held against the petitioners under the provisions of the bihar finance act and would come in their way to try to show and persuade the assessing authority that sales tax was leviable on the cost price of the country liquor, excluding the amount of excise duty.9. mr. ..... jain who earlier appeared on behalf of the petitioners in these cases was quite right in his submission that the amount of sales tax leviable is legally required to be determined in an assessment proceeding under the finance act and it is in that proceeding that the question as to what constitutes the taxable turnover of the assessee can be determined having regard to the facts and circumstances of the case and the relevant provisions of law. ..... jain submitted that the amount of sales tax leviable was legally required to be determined in an assessment proceeding held under the provisions of the bihar finance act, 1981 in which the excise commissioner did not come in the picture at all and, therefore, the order issued by the excise commissioner purporting to quantify the sales tax leviable, in the guise of fixing the wholesale ..... 555 which was rendered in the context of section 206c of the income-tax act as it was in existence at that time. .....

Sunderdas Haridas Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1998)67ITD89(Pat.)

..... which provides for exemption of encashment of leave on retirement from service from inclusion in the assessee's total income, was inserted into section 10 to be effective from april 1, 1978, by the finance act, 1982, no consequential amendment of section 17(3)(ii) was made. ..... finance act stipulates the rates at which the tax is to be deducted at source from income subject to such deduction under the provisions of sections 193 to 195 of the it act. ..... the provisions of chapter xii-a which related to the incomes of non-residents were introduced by finance act, 1983 w.e.f.1-6-1983 and part-ii of the finance act, 1983 stipulated that in the case of a non-resident indian the tax should be deducted @ 20% on investment income and long-term capital gains and on other income other ..... rate is extended even to short-term capital gains by including the short-term capital gains within the scope of the expression "investment income" used in section 115e such an approach would overlook the distinction consistently made in the act between the short-term capital gains and long-term capital gains and also, as already observed, render the expression "long-term capital gains or both ..... bank of india has given an elaborate circular dated 11-2-1987 for the computation of long-term capital gains of an non-resident indian for enabling the banks or foreign exchange dealers to deduct tax at source as required under clause (iia) of section 204 of the it act and a copy of the circular may be seen ..... [1987] 167 .....

National Building Construction Corporation Limited Vs. State of Bihar ...

Court : Patna

..... 878/97(r)] and analogous cases, provisions of section 25-a of the bihar finance act, 1981 and other related provisions have been declared to be ultra vires. ..... this writ petition has been filed on behalf of a government company challenging the vires of section 25-a of the bihar finance act, 1981.2. ..... the petitioner is held entitled to interest on the amount collected under section 25-a of the act at 10 per cent per annum. ..... runs as follows : 'so far the interim relief is concerned, the respondents shall be at liberty to make deduction from the bills but such deduction shall be subject to the result of the writ application and the provisions of sub-section (2) of section 25-a of the amended ordinance. .....

Narayan Prasad Kotriwal Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1994)50ITD539(Pat.)

..... 24.6 with a view to removing these difficulties, the finance act, 1987, has inserted a new sub-section (5) in section 45 to provide for taxation of additional compensation in the year of receipt instead of in the year of transfer of ..... this sub-section along with the explanation thereto was introduced by the finance act, 1987, with effect from the assessment year 1988-89.prtma facie therefore the section does not apply to the assessment year 1987-88 which is the ..... compen sation, the ito also took the view that the same was taxable as capital gains under section 45(5) of the act, which according to him was applicable even for the assessment year under appeal. ..... section 155(7a) were omitted from 1-4-1992 by the direct tax laws (amendment) act, 1987. ..... not apply to the present case where the amendment is to a substantive provision which has been held to be a charging section.9. ..... concerned with the assessment year 1987-88 and as on 1-4-1987 the provisions of section 45(5) were not in the ..... the original assessment was completed under section 143(1) of the act accepting the income returned.subsequently the ito while completing the assessment for the assessment year 1988-89 noticed that the assessee had received enhanced compensation on 5-8-1986 which should have ..... the amendment to the laws of procedural nature and were therefore held to act retrospectively. ..... 24.7 these amendments will come into force with effect from 1st april, 1988, and will, accordingly apply from the assessment year 1988-89 .....

Abdul Rauf and Others Vs. the State of Bihar

Court : Patna

..... an offence like intent (mens rea), preparation, attempt and commission of the act, but by formulating the provisions of sections 3 and 4 of the act, the legislature appears laying down one of the unknown criminal behaviour of a person, like, the purpose with which he was to commit the act of detonating an explosion and was laying it down as the most important ingredient of the two offences that the act must be done with an intent and with purpose and that purpose ..... the other most important aspect of the application of the provisions of sections 3 and 4 of the act is that the act of detonating an explosion has to be with a particular purpose, that is to say, that it should be with a purpose which is unlawful and malicious both. ..... thus, the evidence which appears led by the prosecution during the trial of the case appears not constituting the important ingredients of the offences which are made punishable under sections 3 and 4 of the act, especially the one ingredient which is completely uncommon ingredient as regards commission of acts which are designated criminal. ..... 2,000/- eue to being convicted under section 3 of the act while they were individually to suffer rigorous imprisonment for seven years as also to pay a fine of rs. ..... three appellants were charged by the learned 3rd additional sessions judge, aurangabad with commission of offences under sections 3 and 4 of the explosive substances act (hereinafter referred to as the act) in sessions trial no. .....

B.T. Hirani Vs. State of Bihar and ors.

Court : Patna

..... portion of treasury challan for the financial years, 1984-85, 1986-87, 1987-88 and 1989-90 to the petitioner as required to be given under the provisions of bihar sales tax rules, 1983 by which the petitioner deposited the amount of tax which was deducted from the petitioner's running bills under the provisions of section 25-a of the bihar finance act, 1981 with respect to works contract executed by the petitioner during the ..... officer in-charge of the sub-circle or the deputy commissioner commercial taxes officer in-charge of the circle within whose jurisdiction the officer of the person making deduction under section 25-a is situated is satisfied that the said person has been and is maintaining adequate funds in his bank account, may permit that person to pay the amount so deducted, where such amount ..... is a registered dealer as works contractor under the bihar finance act (hereinafter referred to as the act) and has been executing civil works at different collieries of ..... (1) of rule 26-a provides that deduction of tax under section 25-a of the act shall be made at the rate notified in this behalf from ..... and took a stand that they are not in a position to state as to whether deduction at source under section 25-a of the act is being regularly made by the ccl. ..... section 25-a of the act makes a provision for advance recovery of tax ..... said to have executed works contract and different amounts were deducted by the respondent concerned under the provisions of section 25-a of the act. .....