Court : Orissa
Reported in : (1992)101CTR(Ori)247; [1992]198ITR110(Orissa)
..... with a view to get over them, amendments in section 43b were introduced by the finance act, 1987. ..... the original provisos introduced in section 43b by the finance act, 1987, read as follows (see [1987] 166 itr 9) :'provided that nothing contained in this section shall apply in relation to any sum referred to in clause (a) which is actually paid by the assessee on or before the due date applicable in his case for furnishing the return of income under sub-section (1) of section 139 in respect of the previous year in which the liability to pay such sum was incurred as aforesaid and the evidence of such ..... the finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, etc ..... from the legislative history set out above, we find that the first proviso to section 43b came into effect from april 1, 1988, and explanation 2 enacted by the finance act, 1989, was made retrospective in its operation with effect from april 1, 1984. ..... both the provisos have been amended by the finance act, 1989. ..... this section was inserted by the finance act, 1983, with effect from april 1, 1984 ..... the memorandum to the finance bill, 1989, clarified the object of deleting the words 'during the previous year' in the following words (see [1989] 176 itr 124 'under the existing provisions of section 43b of the income-tax act, 1961, it is also provided that any sum payable by the assessee as an employer by way of contribution to the provident fund or superannuation fund, etc .....
Tag this Judgment!Court : Orissa
Reported in : [1991]190ITR139(Orissa)
..... before the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, section 139(4)(a) which was substituted by the finance act, 1968, with effect from april 1, 1968, and amended by the taxation laws (amendment) act, 1970, with effect from april i, 1971, stood as under :'4 (a) any person who has not furnished a return within the time allowed to him under sub-section (1) or sub-section (2) may, before the assessment is made, furnish the return for any previous year at any ..... time before the end of the period specified in clause (b), and the provisions of sub-section (8) shall ..... it was urged by the revenue before the tribunal that the decision of the supreme court is no more applicable in view of the amendment made to section 139 by the taxation laws (amendment) act, 1970, with effect from april 1, 1971. ..... : [1970]77itr518(sc) of the supreme court and held that the return, though not originally filed, was filed pursuant to the notice under section 148 of the act and is a return under section 139 although the provisions of section 139(3) of the act have not been complied with by the assessee. .....
Tag this Judgment!Court : Orissa
Reported in : [1992]195ITR539(Orissa)
..... subsequently, it has been renumbered as section 2(1b) with effect from april 1, 1989, by the direct tax laws (amendment) act, 1987. ..... subsequently, sub-section (3) was inserted by the finance act, 1978, making it operative from april 1, 1978 ..... the expression 'financial non-viability' has not been defined in the act ; but the finance minister's speech, the notes on clauses of the bill and the memorandum explaining the provisions of section 72a of the act make it clear that the financial non-viability of an undertaking has been equated with the 'sickness' of such undertaking and, obviously, in the context of its revival by a sound undertaking, the sickness must be of a temporary character and ..... the object of introduction of the said section, as appears from the finance minister's introductory speech during presentation of the budget, was to the effect that sickness amongst industrial undertakings is a matter of grave national concern ; closure of any sizable manufacturing unit in any industry entails social costs in terms of ..... the section was inserted by the finance (no. ..... this lack of finance may be acting as a detriment. ..... the notes on clauses to the finance bill, 1977, memorandum explaining the provisions of the said bill and the reply to the debate in parliament on the bill on june 23, 1977, clearly show that the object of the enactment is to save the government ..... such rejection the petitioner submitted a representation to the ministry of finance. ..... , it was introduced by the finance (no. .....
Tag this Judgment!Court : Orissa
Reported in : (1991)100CTR(Ori)211; [1992]194ITR743(Orissa)
..... been further amendments in the explanation to section 263(1) by the finance act, 1988. ..... explanation to section 263(1) was introduced by the taxation laws (amendment) act, 1984, with effect from october 1, 1984, for removal ..... sub-section (2) in the said section by the finance (no. ..... in this context, a reference to section 246 of the act as it stood at the relevant time ..... on being moved under section 256(1) of the act, the aforesaid question has been referred to this court ..... raised before the commissioner that the order having been passed after approval by the inspecting assistant commissioner in terms of section 144b, the same was not available to be revised by the commissioner under section 263 of the act. ..... commissioner of income-tax, orissa, was of the view that the order of assessment was prejudicial to the interests of the revenue, and proceedings under section 263 of the act were initiated. ..... of the revenue, the following question has been referred to this court for adjudication by the income-tax appellate tribunal, cuttack bench (in short 'the tribunal'), under section 256(1) of the income-tax act, 1961 (in short 'the act'). ..... section 144b has been omitted with effect from april 1, 1989, by the direct tax laws (amendment) act, 1987.5 ..... assessment order passed by the income-tax officer in conformity with the directions given by the inspecting assistant commissioner and thereby setting aside the order passed by the commissioner of income-tax under section 263 of the income-tax act, 1961 ?'2. .....
Tag this Judgment!Court : Orissa
Reported in : 1994(74)ELT802(Ori); [1993]203ITR729(Orissa)
..... was inserted by the taxation laws (amendment) act, 1984, with effect from october 1, 1984, and was amended by the direct tax laws (amendment) act, 1987, with effect from april 1, 1988. ..... june 1, 1988, the explanation to sub-section (1) of section 263 has undergone a change which was introduced by the finance act, 1988. ..... director-general or commissioner authorised by the board in this behalf under section 120 ; (b) 'record' includes all records relating to any proceeding under this act available at the time of examination by the commissioner ;(c) where any order referred to in this sub-section and passed by the assessing officer had been the subject-matter of any appeal, the powers of the commissioner under this sub ..... passed by the assessing officer shall include-- (i) an order of assessment made by the assistant commissioner or the income-tax officer on the basis of the directions issued by the deputy commissioner under section 144a ;(ii) an order made by the deputy commissioner in exercise of the powers or in the performance of the functions of an assessing officer conferred on, or assigned to, him under the orders or directions issued by the board or by the chief commissioner or ..... on april 11, 1988, the petitioner wrote a letter to the commissioner and undertook to file a petition under section 273a(1) and (4) of the act for the concerned four years and the petition was filed on june 9, 1988, and the matter is pending .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT118; [2009]185TAXMAN87(Orissa)
..... 701 dated 23.03.1995 stating therein, inter alia, that consequent upon the amendment of section 10(14) of the said act by the direct tax law (amendment) act, 1987 with effect from 01.04.1989, all circulars, instruction and clarifications issued by the board regarding section 10(14) up to 31.03.1999 ceased to have effect from the assessment year ..... it was also made clear that consequent upon the amendment of section 10(14) of the said act by the direct tax law (amendment) act, 1987 with effect from 01.04.1989, all circulars, instructions and clarifications issued by the board regarding section 10(14) up to 31.03.1989 ceased to have effect from the assessment year ..... paragraph 9 of the writ petition it has been stated that by the finance act, 1995 which came into effect on 01.07.1995 the words 'as may be prescribed' stated in section 10(14) of the said act has been amended. ..... in it appears that rajasthan high court was considering impact of the circular of the ministry of finance, government of india issued through the central board of direct taxes dated 28th november, 1986. ..... moreover, the subsequent circular issued by the government of india, ministry of finance dated 1st february, 2001 was also never placed before the division bench of the rajasthan high court and was ..... the circular of government of india, ministry of finance dated 4th january, 2001, which has been referred to above, was not at all considered by the division bench of the rajasthan high court as the same was not placed .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori1
..... :the words continuance of injury or damage do not mean or refer to damage inflicted once and for all which continues unrepaired but to a new damage recurring day by day in respect of an act done, it may be once and for all at some prior time, or repeated, it may be, from day to day.the test in applying section 23 is not whether the right is a continuing right but whether the wrong is a continuing wrong: see a.i.r. ..... the wrong amounts to dispossession, of the plaintiff then even although it may be a continuing wrong the plaintiff cannot recover possession after 12 years because under section 28, limitation act, he himself has got no right left which he can enforce. ..... prayag das it was held that the rule under section 68, contract act, that a person who supplies necessaries to a minor is entitled to be reimbursed from the minor's estate does not apply to the case of a ..... gupta further develops his point and urges that the right of the thakur to remove itself is a continuing right as the thakur is an infant and that section 23, limitation act, will govern the case. ..... spoken of as a gift or transfer of the image of the deity.in the other privy council decision where the swetambari sect of jains placed 'charans' in three of the shrines, the digambaris, the rival sect, refused to worship and section 23 limitation act, was held to be applicable. ..... where the act or the wrong is complete, section 23 is inapplicable: ashutosh ..... of the plaint;(4) is the suit bad under section 42, specific belief act.5. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori284
..... to the production, supply, &distribute; on of commodities, have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from the province of goods of any class or description or,(b) by virtue of anything in the act, have power to impose any tax, cess, toll, or due which, as between goods manufactured or produced in the province & similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the case of goods manufactured or produced ..... this is so in view of section 11 of the act, which says:'any person......does any act preparatory to a contravention of an order made under the provisions of this act, shall be deemed to have contravened the order......'18. ..... according to both of these sections, the provincial govt's power under the act is to be exercised only when it appears to them to be necessary or expedient that certain measures should be taken only to maintain increase or secure supply, distribution & availability at fair prices or production of any essential article. ..... i have read the whole act & i find absolutely no provisions therein of which the object can be held to come within the mischief of section 297. ..... the key sections of the act are 3 & 4. ..... the offence, which is the subject of this trial, is contravention of this clause which is made punishable under section 10 of the act. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori80
..... the emergence of civil liability out of 'conspiracy' is confined to 'conspiracy to injure' even though the end were brought about by conduct and acts which by themselves and apart from the element of combination or concerted action could not be regarded as a legal wrong. ..... under these circumstances, the plaintiffs' learned counsel was given the option to select such of the defendants against whom he can maintain a suit for damages for the tortious acts of wrongfully cutting and carrying away the crops raised by the plaintiffs. ..... (iii) if c has an existing contract with a and b is aware of it, and if b persuaded or induces c to break the contract with resulting damage to a, this is, generally speaking, a tortious act for which b will be liable to a for the injury he has done him. ..... ' first, then, apart from the effects of combination, it is cleat that (i) if a is damaged by the action of b, a nevertheless has no remedy against b, if b's act is lawful in itself and is carried out without employing unlawful means. ..... there is every danger to confound internal feelings with outward acts and to treat the motive of the actor as one of the means employed by him. ..... they do not prove that by showing that they have been harmed by acts done by the defendants in combination, those acts being within the defendants' right. ..... in order to give rise to the civil right of action, it is not complete unless the conspirators do acts in pursuance of their agreement to the damage of the plaintiff. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori300
..... they accrued due from time to time during his occupation, but in order to protect his interest he paid all such rents which, as i have already said, constituted a charge even as against him according to cl, (b) of the sub section, but, in fact, the liability to pay such rent was in law with the recorded tenant, the legislature must have said that he shall be entitled to retain possession until these rent charges, paid by him but ..... charges as they accrue due from lime to time in other words, he, the recorded tenant of land, goes on making payment of such charges & also continues to be liable to pay the deposited amount constituted the debt within the section & its interest but for the very charitable & beneficial act of making the deposit, he (the depositor) will enjoy the lands free from any liability whatsoever. ..... rao strenuously contends that not only is he not liable to pay rent during his occupation of the property which he got under section 228, but also his purchase is free of the equity of redemption inasmuch as he does not hold the position of a mtgee ..... is a complete answer to the resp a contention, & if section 94 is the section applicable, then the liabilities of the trustee denned in sections 15 & 19 of the act will apply to the case [under section 96 of the act. ..... act was amended in 1929, the words' and all rent' were for the first time introduced into schedule 6 (c) removing all doubts whether the rent payable by the tenant to his landlord was a charge of a public nature .....
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