Judgment Search Results Home > Cases Phrase: finance act 1987 Court: kolkata Page 93 of about 15,093 results (0.032 seconds)

Hinduja Leyland Finance Ltd. Vs. Mekail Islam and anr.

Court : Kolkata

..... order sheet in the high court at calcutta civil appellate jurisdiction original side apot no.81 of 2012 ga no.572 of 2012 ap no.81 of 2012 hinduj.leyland finance ltd.versus mekail islam & anr. ..... by the impugned judgement and order his lordship was also pleased to direct the directors to explain by filing an affidavit as to why forcible repossession of the financed asset could be taken by the finance company. ..... all parties concerned are to act on a signed photocopy of this order on the usual undertakings. ..... , we dispose of the appeal treating the same as on day s list by the following order: this appeal is against the judgment and order dated 14th february, 2012 passed on an application under section 9 of the arbitration and conciliation act, 1996. .....

K .N.D. Engineering Technologies Ltd and anr. Vs. Customs, Excise and ...

Court : Kolkata

..... a show cause notice was issued upon the petitioners upon invocation of the extended period provided under explanation to section 73(1) of the finance act, 1994. .....

Srei Equipment Finance Limited Vs. M/S. Tantia Constructions Ltd.

Court : Kolkata

..... since a substantial sum remains due under the agreed terms recorded in the order disposing of the previous petition under section 9 of the arbitration and conciliation act, 1996, it is necessary that the respondent be put on terms.the petitioner says that the agreement covers 512 assets including tippers.cranes, excavators and the like. ..... ap no.975 of 2014 in the high court at calcutta ordinary original civil jurisdiction srei equipment finance limited versus m/s.tantia constructions ltd.before: the hon'ble justice sanjib banerjee date : 31st july, 2014. ..... the petitioner says that this is the second petition under section 9 of the arbitration and conciliation act, 1996, the firs.having been disposed of on the basis of the terms agreed to by the parties. ..... the finance company says that there is no attempt at settlement. ..... become due in accordance with the terms.the matter had been adjourned previously since the respondent had submitted that the disputes would be resolved after a meeting with the chief 2 executive officer of the finance company. .....

C.i.T. Kolkata Ii Vs. Duars Union Tea Co. Ltd.

Court : Kolkata

..... in the circumstances of the case, the income tax appellate tribunal has erred in holding that the expenditure incurred by the company outside the books of account, prior to insertion of proviso to section 69c of the income tax act, 1961, by the finance (no.2) act, 1998, with effect from 1.4.1999, would have been allowable as business expenditure. ..... agarwal, adv.mr.debasish, mitra, adv.the court : this appeal has been preferred under section 260a of the income tax act, 1961 by the revenue against the order dated 21st april, 2005 passed by the income tax appellate tribunal, a bench, kolkata, in i.t(ss).no.43(kol) of 2002 relating to block assessment years 1987-88 to 1996-97 and broken period from 1.4.1996 to 22.1.1997 on the following questions: i) whether, on the facts and in the circumstances of the case, the .....

M/S. Korp Resources Pvt. Ltd. and Anr. Vs. Deputy Commissioner of Inco ...

Court : Kolkata

..... have found by further enquiry or investigation, whether the transaction was genuine or not, if on the basis of subsequent information, the income-tax officer arrives at a conclusion, after satisfying the twin conditions prescribed in section 147(a) of the act, that the assessee had not made a full and true disclosure of the material facts at the time of original assessment and therefore income chargeable to tax had escaped assessment. ..... contention of the respondents:(13) appearing for the department, mr.saraf, learned counsel submitted that notices for re-assessment under section 148 of the it act for the assessment years 2007-08 to 2011-12 were issued after a survey had been conducted at the business premises of the petitioner company on 30 september, 2013 ..... (2) the respondent no.1 issued five notices all dated between 6 february, 2014 and 28 february, 2015 under section 148 of the it act pertaining to the five assessment years from 2007-08 to 2011-12 for reassessment of the petitioner company s income for the said years. ..... however, we clarify that when a notice under section 148 of the income tax act is issued, the proper cours.of action for the noticee is to file return and if he so desires, to seek reasons for issuing ..... in this writ application the petitioners challenge notices issued by the income tax department under section 148 read with section 147 of the it act, 1961 pertaining to the assessment years 2007-08 to 2011-12 and other consequential notices. ..... sophia finance ltd. .....

Commissioner of Income-tax Vs. Shiva Prasad Bagaria

Court : Kolkata

Reported in : [1991]191ITR139(Cal)

..... before the division bench of the bombay high court, it was contended by the learned advocate appearing on behalf of the assessee that on a proper construction of proviso (b) to clause (vi) of sub-section (2) of section 10 of the indian income-tax act, 1922, the assessee was entitled to set off the aforesaid unabsorbed depreciation against the profits and gains of the business for the two assessment years in question although it was not carrying on the business of ..... decision does not constitute a binding authority on the interpretation to be placed by this court on the true meaning to be given to the statutory provision enacted in section 32(2) inasmuch as the provision contained in the act of 1961 has ceased to be a proviso as was the case under the act of 1922 and the decision in sahu rubbers' case : [1963]48itr464(bom) principally turned on the question whether the statutory provision was required to be considered and interpreted and given effect ..... : [1978]111itr119(bom) , where the division bench observed that when enacting the provision regarding carry forward and set off of unabsorbed depreciation under section 52(2) of the income-tax act, 1961, the legislature could have imposed a condition that unabsorbed depreciation could be set off against the profits of a subsequent year only if the business in relation to which depreciation was allowed continued to exist in such year. ..... : [1987]168itr773(guj) and the bombay high court in estate and finance ltd. .....

Bholaram Agarwalla Vs. Smt. Jiat and ors.

Court : Kolkata

Reported in : AIR1952Cal92

..... the plaintiff firm also used to advance sums to the defendant firm by way of financing their business. ..... both the courts have found in favour of the plaintiffs that the account was a mutual open account and the article 85 of the limitation act would apply.4. ..... it is not necessary to refer to any case other than that of the 'tea financing syndicate ltd. v. ..... the financing and the supplying of the goods for sale were independent transactions in my opinion, creating independent liabilities, but the two independent liabilities, were mutual and adjusted in one account.5. .....

N.K. Bapna Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : 1993CriLJ2199

..... the said file was received in the office of the mos (revenue) on 12th july, 1988 but the mos was on tour and on his return the representation was forwarded to the finance minister on 17th july, 1988 and the file was received back in cofeposa section on 19th july, 1988 and the order of rejection was communicated to the detenu who received it on 26th july, 1988 ..... explanation given in the subsequent return recites that the representation forwarded by the detenu was received in the cofeposa section of ministry of finance on 27th june, 1988 and that after receiving the comments from the sponsoring authority on 11th july, 1988 the file was forwarded ..... high court which for the reasons mentioned in paragraph 3 of its judgment based on the explanation given in the subsequent return dated 5th august, 1988 filed by the under secretary, ministry of finance, government of india had rejected the same though was not satisfied with the earlier return of the detaining authority'. ..... the order of detention under section 3(1) of the cofeposa act, 1974 was passed by the joint secretary to the government of india, ministry of finance on 1-1-92 with a view to preventing the petitioner from ..... india for the issue of a writ of habeas corpus for his release from detention by virtue of an order dated 1st january, 1992 issued by shri mahendra prasad, joint secretary to the government of india, ministry of finance, department of revenue under section 3(1) of the cofeposa act, 1974 as amended and other reliefs.4. .....

Ansuman Mullick Vs. Mallika Investment Co. (P.) Ltd. and ors.

Court : Kolkata

Reported in : AIR2004Cal316

..... in this context the learned judge held that since there was nothing to show that before issuing the notice under section 111(g) of the transfer of property act, 1882 the plaintiff had knowledge of the sub-letting there was no waiver of the forfeiture, because the foundation of waiver is knowledge of the person who is said to waive his rights, and there cannot be ..... the terms and conditions of the lease, and its renewal, apparently between the solicitors (acting under a corporate veil) and their clients, are bound to cause any person of reasonable prudence ..... if to the renewed lease, the requirements of the first part of section 107 of the transfer of property act are attracted, as obviously are in the present case, no valid lease would come into existence unless the said ..... absence of execution and registration of a deed to renew or grant fresh lease the possession of the lessee after expiration of twenty years was referable to the original lease under its renewal clause, as the parties acted upon the renewal clause; and the plea of holding over was not sustainable.9. ..... in paragraph 15 of the plaint, read with provisions in section 17 of the limitation act, 1963, it will clearly appear that the cause of action is not barred by limitation ..... while dealing with the proposition that a waiver must be an intentional act with knowledge two questions arose for consideration :-- (1) knowledge of what? ..... deputy secretary, ministry of finance, 70 cwn 399 discussed and legal ..... ministry of finance and ors .....

Sangita Jalan Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : 2006(1)CHN644

..... --in exercise of the powers conferred by the proviso to sub-section (3) of section 85 and section 86 read with sections 30, 31, 36, 37 and 37a of the bengal excise act, 1909 (ben, act v of 1909), the governor is pleased hereby to make, with immediate effect, the following amendment in the west bengal excise (selection of new sites and grant, of licence for retail sale of liquor and certain other intoxicants) ..... two decisions of the supreme court in the case of hukam chand (supra) and regional transport officer, chittoor (supra) turn on the question whether rules with retrospective effect can be framed under an act when the legislative mandate under the act does not authorise framing of rules with retrospective effect. ..... the question in snehanshu jha was whether in view of coming into operation of west begnal school service commission act, 1997, the post will be filled up in accordance with the said act or in accordance with the previous management rules. ..... this notification was published by the authorities in exercise of power conferred under proviso to sub-section (3) of section 85 and section 86 read with sections 30, 31, 36, 37 & 37a of the bengal excise act of 1909, the said notification is set out below:notification no. ..... the court held that the corporation cannot act in a discriminatory fashion and cannot refuse extension when it granted the same in other cases. .....