Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)96TTJ(Kol.)1041
..... taking a contrary view overruling the tribunal decision considering the explanation to section 90(2) of the act inserted by the finance act, 2001." 65. our decision in regard to the issue of rate of tax for asst. yrs.1992-93, 1993-94 and 1994-95 shall apply to asst. yrs. 1997-98 and 1998-99 mutatis mutandis.66. the only ..... deduction has not been paid before the expiry of the time prescribed under sub-section (1) of section 200 and in accordance with the other provisions of chapter xvii-b of the act. when a deduction is not allowable because of the statutory provisions, it would make no difference whether the same was claimed or not by the assessee. ..... under this head for that financial year. 195a. where, under an agreement or other arrangement, the tax chargeable on any income referred to in the foregoing provisions of this chapter is to be borne by the person by whom the income is payable, then, for the purposes of deduction of tax under those provisions, such income shall be increased .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2006)100ITD462(Kol.)
..... other than that of interest on loan, was far more than earnings from interest on advances made. therefore, the "principal business" was not that of financing business. the learned counsel further argued that the ao has tried to assume jurisdiction without application of mind and against the established principle of law. the learned ..... of 'financial company' and clause (iv) of the section clarifies that a company which carries on, as its 'principal business', the business of providing finance, whether by making loans or advances or otherwise shall come under this definition.the learned counsel invited our attention to the audited accounts for three years under ..... advances from different parties amounting to rs, 1,17,14,605 and rs. 1,17,13,969 during financial years 1993-94 and 1994-95, respectively. under the interest-tax act, interest-tax is leviable on the chargeable interest income of credit institution, such credit institution, inter alia, include cooperative societies engaged in the .....
Tag this Judgment!Court : Kolkata
Reported in : 2006(1)CHN241
..... said proposition in view of the discussion made above apart from the fact that it is not in dispute that section 2 and section 3 of the principal act and chapter ii was duly enforced by appropriate notifications under section 1(3). once this section was so enforced the new provisions substituted in its place would no longer ..... bengal inland fisheries act, 1984 (1984 act). section 17a(1)(b) provides that 'no person shall ..... in conflict with any of the provision of the act or the rules. on the other hand the west bengal inland fisheries (amendment) act, 1993, which has came into force with effect from 16th june, 1994, puts an embargo on the conversion of water area for other use by inserting chapter iii a to introduce section 17a in the west .....
Tag this Judgment!Court : Kolkata
Reported in : (2006)3CALLT19(HC),2006(3)CHN348,2006CriLJ2934
..... setting aside the order of detention passed by the joint secretary to the government of india, ministry of finance, department of revenue in terms of the provision of section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (in short cofeposa).2. before considering the matter on merit, we may refer to the facts ..... the unorganized sector, the company was authorized to get the same manufactured/processed/finished by various job-workers as the said facility is given in paragraph 7.17 of chapter 7 of the duty exemption scheme. accordingly, it was prayed that the declaration given in the application for grant of annual advance licence dated 17.03.2001 be ..... 80 manju jalan v. union of india and ors. : 1999crilj3488 ahmed mohaiuddin jabbar v. state of tamil nadu1999 (ii) chn 329 mohd. jamil v. union of india and ors.1994 (i) chn 81 n.k. bapna v. union of india and ors.25. we have gone through the judgements referred to above. in our view, it is not at all .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(2)CHN142
..... conditions in the renewed lease with prospective effect. therefore, the amendment, if any, incorporated in schedule 'f' by reason of the amendment effective from 1st of june, 1994 would not be effective in respect of unexpired period of the lease to which the darjeeling dooars had stepped into. therefore, under clause 16(a) read with schedule 'f ..... november, 1991 the land registration collector, jalpaiguri, allowed mutation of the name in respect of zurantee in favour of darjeeling dooars.17.2. on 1st of june, 1994, the government of west bengal issued a notification amending schedule 'f' of the wbea rules inserting clauses 1a and 1b to be incorporated in the lease to be ..... of its renewal. this non-agricultural tenancy created in 1948 under the state existed when the wbea act came into force. as such his interest as non-agricultural tenant vested in the state after enforcement of chapter vi of the wbea act with effect from 14th april, 1956 and was entitled to retain such land under section 6(1 .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... if may, made under section 5a(2). it is explicitly made clear that such declaration shall be subject to the provisions of part vii of the act which bears the chapter heading 'acquisition of land for companies'. thus, section 6 reiterates the apparent distinction between acquisition for a public purpose and acquisition for a company. there ..... unfortunately not been raised in these writ petitions but it is not self-evident from the decisions of this court. under the revised notification dated 17.12.1994, three per cent of the seats have been reserved for candidates belonging to uttar anchal areas. these, two reservations along with reservations in favour of physically ..... of the act for the manufacture of synthetic rasina by tvl. reichod chemicals india limited, madras. the acquisition proceedings had become final and possession of the land was taken on 30.04.1964. pursuant to the agreement executed by the company, it was handed over to tvl. simpson and general finance co. which is subsidiary .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN842
..... ;3. ratnakar vishwanath joshi v. life insurance corporation and ors. reported in 1975(1) llj 501 (para-61);4. sukhdev singh and ors. v. the industrial finance corporation and ors. reported in : (1975)illj399sc .57. the learned advocate general, thereafter, submitted that even on the touchstone of article 21 of the constitution of ..... v. gurudasmal and ors. reported in : [1970]3scr881 and in the case of kazi lhendup dorji v. central bureau of investigation and ors. reported in : (1994)iillj815sc . thereupon the appeal and the connected matters including writ petition (cri.) nos. 531-36 of 1988 were dismissed. on perusal of these judgments the supreme court, ..... to open fire was justified.75. we may examine here the provisions of the criminal procedure code, 1973, the police act, 1861 and the west bengal police regulations, 1943. sections 129 to 132 are placed in chapter x, of the criminal procedure code which deals with maintenance of public order and tranquillity. section a of the aforesaid .....
Tag this Judgment!Court : Kolkata
Reported in : 2008(2)CHN546
..... . but the funds held or controlled by the university are not under the control of the state government and that, therefore, unless the procedure prescribed in chapter vii of the act is followed, it is not public purpose. we do not find the contention to be acceptable. hence, it would be clear that the state government has ..... comes to the inevitable corollaries of that state of affairs.272. the said principle has been reiterated by the court in m. venugopal v. divisional manager; lic of india : (1994)illj597sc . see also indian oil corporation ltd. v. chief inspector of factories : (1998)iillj604sc ; voltas ltd. v. union of india 1995 supp(2) scc 498; harish ..... for the two types of acquisition. this point has been stressed by this court in srinivasa co-operative house building society ltd. v. madam gurumurthy sastry : [1994]3scr848 as follows:in the case of an acquisition for a company simpliciter, the declaration cannot be made without satisfying the requirements of part vii. but that does .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)2CALLT391(HC),(2009)225CTR(Cal)67
..... making of the order, and thus they were entitled to the benefits of the amended provisions of section 245d(2a) of the act.9. the provision for settlement of a case is provided in chapter xix of the income tax act. the relevant provisions of the act which are material for the present case is contained in section 245d of the said ..... assessibility.25. he relied on three authorities, being a decision of the hon'ble supreme court in the case of commissioner of income-tex v. express newspaper ltd. : [1994]206itr443(sc) , and two decisions of hon'ble high court of madras and the hon'ble allahabad high court respectively in the cases of v.m. shnik mohammed rowther v ..... interference has been held to be permissible only on three grounds, being -(i) if grave procedural defects such as violation of the mandatory procedural requirements of the provisions in chapter xixa and/or violation of the rules of natural justice is made out;(ii) if it is found that there is no nexus between the reasons given and the .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CALLT107(HC)
..... in the book 'shackleton on the law and practice of meetings' by ian shearman, 9th edition, sweet & maxwell publication at chapter 9, page 90, which reads such:9-01. a 'committee' is a body of persons to whom something is 'committed ..... re. 1 /- and requested for implementation of the decision as early as possible.factsa committee was constituted comprising of d.m. (finance) d.m. (storage), d.m. (procurement) and regional manager being the chairman for negotiation with the owner of the ..... a representation after decision finalised in the case of chancellor and anr. v. bijay nanda kar reported in : air 1994 sc 579. in that case the selection of a teacher of the university became the subject matter. a committee member ..... black's law dictionary, sixth edition at page 999 thus:a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, wilful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, .....
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