Court : Kolkata
Reported in : AIR2005Cal190
..... dakhalkar' as well as to bring the khas land hold by such occupier as dakhalkar under the purview of vesting provisions as laid down under chapter iib of w.b.l.r. act.(6) the erstwhile intermediaries like 'maliki' madhayaswatwadhikari' etc. who held agricultural land, orchard, tank fisheries etc. along with other non-agricultural land ..... date of accounting and vesting of ceiling surplus non-agricultural lands held by different classes of tenants and application of section 3a of w.b.l.r. act, 1955. in suppression of all previous circulars instructions relating to accounting and vesting of non-agricultural lands. it is clarified that all non- agricultural lands ..... their respective costs throughout.' 55. the learned counsel also relied on a government circular dated 14-9-1994 issued by the state government in connection with the- promulgation of section 3(a) of the west bengal land reforms act. the said circular is quoted hereinbelow :government of west bengal office of the director of land .....
Tag this Judgment!Court : Kolkata
Reported in : (2005)199CTR(Cal)261,2005(191)ELT128(Cal),[2005]278ITR274(Cal)
..... chairman may, for the disposal of any particular case, constitute a special bench consisting of more than three members.(6) subject to the other provisions of this chapter, the places at which the principal bench and the additional benches shall ordinarily sit shall be such as the central government may, by notification in the official gazette ..... for settlement of the cases and dues of the respective petitioners. in the case of smriti properties private ltd., the assessment years related to 1989-90 to 1994-95 and the orders were passed by the settlement commission by the bench of three learned members on march 16, 1999. by the said order, interest which ..... 12. he submits further that under the rules of business constitution of the bench with the members of less than three is permissible. in the income-tax act there is no corresponding provision of review like the civil procedure code. he further submits that rules of comity or norms of judicial courtesy are not applicable in the proceeding .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2005Cal28,[2005]125CompCas708(Cal)
..... compromise and/or settlement. failure in merit cannot say failure to jurisdiction . n.p.a. management policy 2001, uco bank itself provided a clause under the chapter cash recovery and compromise settlement as fotlows :'compromise' means, the bank is agreeable to waive a part of 'principal debt' and/ or unapplied interest and ..... decree. application for condonation of delay was made. on 24th june, 1993 the recovery of debts due to banks and financial institutions act, 1993 came into force. on 30th july, 1994 the records were directed to be transferred by the concerned assistant district judge to the debts recovery tribunal (d.r.t.). an application ..... suggested setting up of special tribunals for recovery of dues of the banks and financial institutions by following a summary procedure. the preamble of the act says 'an act to provide for the establishment to tribunals for expeditious adjudication and recovery of debts due to banks and financial institutions and for matters connected therewith .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(3)CHN187
..... point of time. so the term 'allergic vasculitis' is not strictly a dermatological disease. different textbooks of medicines including harrisons principles of internal medicine devoted chapters on vasculitis. only in few lines passing remarks are made on ten. dr. schinde (p.w.8) admitted that 'depo-medrol has anti-allergic ..... physicians' desk reference 1993 page 2446 that 'depo-medrol is also indicated 'in sjs (severe generalised erythima multiforme) sle, pemphigus'. according to usp di 1994 (page 973) '.................in glucocorticoids im (as for example depo-medrol) may be administered in cases of vasculitis'. so the choice of depo-medrol by dr ..... treatment along with supportive therapy to prevent the adverse effect of steroid by prescribing other medicines like zinetac (for preventing peptic ulcers), menabol (for counter-acting catabolic effect and osteoporosis by user of prednisolone), pot chlor (potassium in case of treatment of prednisolone), shelcal (calcium for decreasing the rate of .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)187CTR(Cal)113
..... from the 1st day of april, 1992.' 6. whether the amendment is clarificatory in nature, whether the intent of the legislature expressed in the statute before the finance act, 1999, is in consonance with the clarification, is required to be gone into. therefore, we propose to examine the scope and ambit of the statute and the ..... of the legislature, in this case in section 80hhc. sections 80aa and 80ab were introduced in 1992 giving retrospective effect since 1981 namely, with the introduction of chapter vi-a. this retrospectivity of sections 80aa and 80ab was held to be clarificatory in nature and as such though imposes additional burden of tax, yet were ..... supply industrial co. ltd. (supra) overruling that in cloth traders (p) ltd. (supra). this has since been reiterated in h.h. sir rama varma v. cit : [1994]205itr433(sc) dealing with section 80t, and in cit v. kotagiri industrial co-operative tea factory ltd. : [1997]224itr604(sc) dealing with section 80p. the controversy in some .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)89ITD172(Kol.)
..... granted is rendered incorrect on the happening of the crucial event after the coming into force of the sub-section, and by the express terms of s. 28 of the finance act, 1956, the sub-section comes into force on april 1, 1956. we are unable, therefore, to agree with the learned counsel for the respondent that the language of ..... in cesc ltd. v. dcit 263 itr 402, p.416, the hon'ble jurisdictional high court has held: "in the absence of any restrictions provided within the scheme of chapter xv, the court is not supposed to read something, which is otherwise not permissible. while interpreting a provision, the high court is not supposed to legislate indirectly. xxxxxx the court ..... years in the form of free reserves. section 'm (iii)' of the revised guidelines issued by sebi vide rmb (dip series) circular no.2/94-95, dated 15.4.1994 provides: "the bonus issue is made out of free reserves built out of the genuine profits or share premium collected in cash only." the idea behind the issue of bonus .....
Tag this Judgment!Court : Kolkata
Reported in : [2004]136STC492(Cal)
..... company was manufacturing cold rolled strips from hot rolled strips since september, 1993 and it is registered dealer under section 26(7) of the west bengal sales tax act, 1994. on an application made by the petitioner, the assistant commissioner, commercial taxes granted an eligibility certificate to the company on january 20, 1995 for the purpose of ..... commodities is not permissible.9. learned counsel for the petitioner also relied on section 17 of the west bengal sales tax act, 1994 for contending that levy and rates of tax on sale under the state act are provided in the said section 17. reliance was placed on sub-section (3) of section 17 for explaining the expression ..... availing remission under section 10g of the bengal finance (sales tax) act, 1941 which was initially valid for a period of one year ending on october 29, 1994 and was thereafter renewed up to october 29, 1995 and, therefore, the company was eligible for remission of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)267ITR1(Kol.)
..... of the aforesaid sections. according to the counsel, an aop is normally subjected to tax at the rates which are applicable to an individual, huf as specified in the finance act for the relevant assessment year. however, section 167b is a departure from such normal position under section 167b(1), where the individual shares of the members of an ..... set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on." "80. notwithstanding anything contained in this chapter, no loss which has not been determined in pursuance of a return filed in accordance with the provisions of sub-section (3) of section 139, shall be carried ..... hands of the aop?" 2. the relevant facts briefly stated are that the appellant, an aop (hereinafter referred to as 'aop'), was constituted under an agreement dt. 31st march, 1994, by four members (all limited companies), as under : for asst. yr. 1995-96, the return of income was filed by the assessee on 31st oct., 1995, in the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)88ITD1(Kol.)
..... the aforesaid sections.according to the counsel, an aop is normally subjected to tax at the rates which are applicable to an individual, huf as specified in the finance act for the relevant assessment year. however, section 167b is a departure from such normal position. under section 167b(1), where the individual shares of the members of ..... set off, the amount of loss not so set off shall be carried forward to the following assessment year and so on. "80. notwithstanding anything contained in this chapter, no loss which has not been determined in pursuance of a return filed in accordance with the provisions of sub-section (3) of section 139, shall be ..... the aop? 2. the relevant facts briefly stated are that the appellant, an association of persons (hereinafter referred to as 'aop'), was constituted under an agreement dated 31-3-1994 by four members (all limited companies), as under :-name of member share in aopm/s. century textiles & industries ltd. 60%m/s. kesoram industries ltd. 20%m .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)79TTJ(Kol.)915
..... supreme court in the case of sardar arjun singh ahluwalia (supra). as pointed out earlier, section 139 of it act, 1961, falls under chapter xiv which deals with the procedure for filing of the return. section 80 of 1961 act falls under chapter vi which deals with aggregation of income and set off or carry forward of loss. strict compliance to ..... 236 (sc) that the view favourable to the assessee should be adopted, their lordships of the bombay high court in the case of cit v. thana electricity supply ltd. (1994) 206 itr 727 at p. 744 (bom) held as under : "we have considered the submissions. we have also carefully considered the decisions of the supreme court. we, ..... taxman 834 (ker). the learned departmental representative has also placed reliance on the decision of the calcutta high court in the case of koppind (p) ltd. v. cit (1994) 207 itr 228 (cal) where their lordships of the high court have dealt with the carry forward of loss in the return filed under section 148. but on analysing .....
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