Court : Orissa
Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)
..... has undergone several amendments by the finance act, 1966, with effect from april 1, 1966 ; the finance (no. ..... of the opinion that the assessee was entitled to deduction of 4d per cent, of the total income under section 36(1)(viii) of the act, but limited the same to the reserve created of rs. ..... on being moved by the revenue under section 256(1) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'), has referred the following questions to this ..... view of this conclusion, the revenue moved for a reference under section 256(1) and, as aforestated, two questions have been referred to ..... holding that the deduction permissible under section 36(1)(viii) of the act was to be calculated on the assessee's total income as it stood before the deduction allowable under section 36(1)(viii) of the act. ..... dispute as to what would be the quantum of deduction, it is relevant to refer to section 36(1)(viii) of the act as it stood at the relevant time.'36. ..... and in the circumstances of the case, the income-tax appellate tribunal was justified in holding that the total income on which deduction under section 36(1)(viii) of the income-tax act, 1961, has to be computed must be calculated before deducting relief allowable under section 36(1)(viii) ?' 2. ..... the legality of the latter view, but carried the matter in appeal so far as the direction of the commissioner relating to deduction under section 36(1)(viii) of the act was concerned. .....
Tag this Judgment!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. ..... 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. ..... 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 ..... both the provisos have been amended by the finance act, 1989. ..... the finance act, 1987, inserted a proviso to section 43b to provide that any sum payable by way of tax or duty, etc. ..... 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 : [1955]28ITR136(Orissa)
..... from the above resume of facts it would be seen that the ordinance in question had been promulgated before the decision on the reference under section 66(1) had been pronounced and the finance act of 1939 had been made applicable to chota nagpur with effect from 30th march, 1939, i.e. ..... it was correct, was not based on any definite information coming into his possession, but he only corrected a view of the mistake of law applied by his predecessor, and that was not a sufficient ground for applying section 34 as amended in 1939.5. mr. ..... presumably considerations of this nature led to the amendment of section 34 in 1939 by which it was provided that 'if in consequence of definite information which has come into his possession, the income-tax officer discovers that income, profits or gains chargeable to income-tax have escaped assessment in any ..... their lordships after discussing the entire question came to the conclusion that under section 34 if the indian income-tax act as amended in 1939, the income-tax officer had no power to reopen the assessment proceedings, unless he acted in consequence of 'definite information' which had come into his possession. ..... it would be seen under this section before the amendment of 1939, all that had to be shown was that the income had escaped assessment, or had been assessed at too law a rate, and the cases show that that position might arise by a mere error on the ..... it may be pointed out that section 34 was once amended in the year 1939. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1955Ori106; 21(1955)CLT555
..... the 'definite information' consisted only of his view of the law as to whether the rates of the finance act of 1938 or 1939 were applicable and as in his view the rates of finance act of 1939 were applicable that in his view constituted 'definite information' so as to attract the operation of section 34.it was found that the view of the second officer about the legal position was correct; but the question raised was whether a different view ..... gains chargeable to income-tax had escaped assessment in any year, or had been assessed at too low a rate, the income-tax officer might make a fresh assessment.it would be seen under this section before the amendment of 1939, all that had to be shown was that the income had escaped assessment, or had been assessed at too low a rate, and the cases show that position might arise by a ..... that, owing to some mistake of the income-tax officer, he ought to have been charged at a heavier figure with the result that he may cause considerable embarrassment.presumably considerations of this nature led to the amendment of section 34 in 1939 by which it was provided that if in consequence of definite information which has come into his possession, the income-tax officer discovers that income, profits or gains chargeable to income-tax have ..... any definite information coming into his possession, but he only corrected a view of the mistake of law applied by his predecessor, and that was not a sufficient ground for applying section 34 as amended in 1939.5. mr. .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR641(Orissa)
..... was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). ..... word 'deliberately' existed which was omitted by the finance act, 1964, with effect from april 1, 1964. ..... a conspectus of the explanation added by the finance act, 1964, and the subsequent substituted explanations makes it clear that the statute visualised the assessment proceedings and penalty proceedings to be wholly distinct and independent ..... in between, by the finance act, 1968, the base for levy of penalty became the amount of concealment as against the quantum of tax sought to be avoided under the ..... according to him, the onus lies on the department to prove contumacy of conduct and the expression 'concealment' under section 271(1)(c) imports the concept of mens rea and, consequently, the intention of the legislature appears to be that the assessee is not to be penalised unless the necessary mental element could be spelt out from the ..... three stages of amendment of section 271. ..... further amendments were brought by the taxation laws (amendment) act, 1975 (section 61 of the said amending act) ..... the effect of the said amendment, so far as we are concerned, is that where, in respect of facts material to the computation of total income of the assessee, he furnishes no explanation, or he cannot substantiate the explanation offered by him, or the explanation offered by him is found to be false, ..... the effect of amendment with effect from april 1, 1976, is that a deemed .....
Tag this Judgment!Court : Orissa
Reported in : [2005]141STC26(Orissa)
..... government of orissa in the finance department dated 16th august, 1980 as amended from time to time and the notification of the government of orissa in the finance department dated 12th november, 1990 earlier issued under section 7 of the orissa sales tax act. ..... general manager, district industries center, cuttack indicating therein that the date of commercial production of the small-scale industrial unit of the petitioner is september 11, 1993 and the petitioner was entitled to enjoy the aforesaid benefits of exemption from sales tax for a period of seven years up to september 11, 2000. ..... the large scale industrial unit of the petitioner set up pursuant to the ipr 1989 went into commercial production on february 1, 1993 and thus the promised period of seven years of such deferment of payment of tax was up to january 31, 2000, but the said benefit of deferment of payment of tax was withdrawn ..... said eligibility certificate on sale of his finished products up to july 31, 1999 for the assessment period 1993-94 to 1998-99 but has not been allowed exemption for the period from august 1, 1999 because of the withdrawal of the exemption by the finance department notifications dated july 30, 1999. ..... the petitioner undertook such expansion/modernisation/diversification and started commercial production on june 27, 1993 and was thus entitled to the exemption for the promised period up to june 26, 2000, but the said exemption was withdrawn by the impugned notifications dated july 30, 1999 with .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR107; [2005]139STC305(Orissa)
..... decision is whether the state government wh.ile exercising the power of issuing a notification under the bihar finance act could deny benefits declared by the state government under its industrial incentive policy and the supreme court held :'coming to the second question, namely the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitled the industrial units to avail of the incentives ..... in this view of the matter, any notification issued by the government order in exercise of power under section 7 of the bihar finance act, if is found to be repugnant to the industrial policy declared in a government resolution, then the said notification must be held to be bad to that extent... ..... the issuance of the notification under section 7 of the bihar finance act is by the state government in the finance department which notification is issued to carry out the objectives and the policy decisions taken in the industrial policy itself ..... for refund/in form xii-a under rule 42-a of the orissa sales tax rules, 1947 which are applicable to refund of tax paid on declared goods sold in course of inter-state trade and commerce under section 14-b of the orissa sales tax act but the petitioner has not sold the iron and steel materials purchased by it in course of inter-state trade and commerce and has instead consumed the same in production of re-rollable steel. ..... 19.9.1997 31.3.1993 rs. .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT33; [2009]19STJ357(NULL)
..... 11,91,73,890 of the petitioner under section 78 of the finance act, 1994 and directed that if the service tax amount and the education cess along with interest was deposited within 30 days of the order the penalty imposed under section 78 of the finance act, 1994 shall stand reduced to ..... on the petitioner-corporation under the proviso to section 73(1) of the finance act, 1994, along with interest payable under section 75 of the said act. ..... further alleged that the petitioner had violated the provisions of sections 68, 69 and 70 of the finance act, 1994 read with rules 4, 6 and 7 of the service tax rules, 1994 and, therefore, the petitioner is liable to penalty under sections 76, 77 and 78 of the said act.4. ..... been providing such service without registration and was not paying service tax leviable thereon and therefore, the said service tax not paid became liable for recovery under proviso to section 73(1) of the finance act, 1994 along with interest under the provisions of section 75 of the said act. ..... by the petitioner to the writ application and most important is the notification dated 30.1.2001 issued by the government of orissa, excise department whereby the state of orissa in exercise of the powers conferred by section 20-a of the bihar and orissa excise act, 1915, appointed the 1st day of february, 2001 as the date on and from which the right to carry on wholesale trade and distribution of foreign liquor in the state shall solely vest in ..... under section 77 of the finance act, .....
Tag this Judgment!Court : Orissa
Reported in : AIR1968Ori1
..... on appeal it was contended on behalf of the appellant that to render a motor car subiect to higher rate of duty as is prescribed under the finance act, it was necessary that it should not only be used for the conveyance of goods but also be constructed or adapted for such use, and that as the car had not been so constructed or adapted he ..... , a huir hill dumper, on the road in contravention of regulation 19 of the motor vehicles (construction & use regulations, 1955), made in pursuance to the road traffic act, 1930, as the vehicle was not fitted with certain instrument, capable of giving sufficient warning of approach contrary to the provisions of section 3 of the said road traffic act.it was contended on behalf of the appellant daley that these dumpers were not 'motor vehicles' within the meaning ..... filed by the plaintiffs for declaration that the machineries in their possession, and as described in schedule a of the plaint, are not liable for registration under section 22 of the indian motor vehicles act (hereinafter described as the act') and as such cannot be taxed under section 6 of the bihar and orissa motor vehicles taxation act (hereinafter referred to as the 'taxation act') as they do not come within the ambit of the definition of 'motor vehicles' given ..... covers the case of a tractor which is not itself constructed to carry any load.it is also clear from section 40 (2) of the act that a drawing vehicle like a tractor and the trailer has to carry the same registration mark. .....
Tag this Judgment!Court : Orissa
Reported in : [1959]36ITR100(Orissa)
..... , the word assessment is capable of bearing only the comprehensive meaning and would include re-assessment.re-assessment will without doubt come within the expression levy, assessment and collection of income-tax occurring in section 13(1) of the finance act.the three expressions levy, assessment and collection are of the widest significance and embrace in their broad sweep all such proceedings for raising money by the exercise of the power of taxation.there is nothing in the ..... to the second question, the learned counsel for the assessee contends that the expression 'levy, assessment and collection of income-tax' in section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949, does not include re-assessment and here in the case before us the assessment under section 23(4) read with section 34 being a re-assessment, the assessee having been assessed prior to that by the gangpur income-tax officer, the income-tax officer, jharsuguda ..... secondly the assessee contended that under section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949, the income-tax officer was entitled to levy, assess and collect income-tax and super-tax in respect of any preceding assessment year, but could not re-assess. ..... (2) whether the income-tax officer was competent to re-assess the income under section 23(4) read with section 34, in pursuance to section 7(1) of the taxation laws (extension to merged states and amendment) act, 1949 ? .....
Tag this Judgment!