Court : Orissa
Reported in : (1992)103CTR(Ori)222; [1993]199ITR761(Orissa)
..... the original explanation which was inserted by the finance act, 1970, with effect from april 1, 1966, was omitted by the finance act, 1974, with effect from april 1, 1975. ..... the assessing officer was 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 court : ' 1. ..... in view of this conclusion, the revenue moved for a reference under section 256(1) and, as aforestated, two questions have been referred to this court, 3. ..... it was right in 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. ..... for resolution of the 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. ..... whether, on the facts 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. .....
Tag this Judgment!Court : Orissa
Reported in : (1992)101CTR(Ori)247; [1992]198ITR110(Orissa)
..... 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 ..... with a view to get over them, amendments in section 43b were introduced by the finance act, 1987. ..... 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. ..... this is against the legislative intent and it is, therefore, proposed, by way of a clarificatory amendmentand for removal of doubts, that the words 'any sum payable', be defined to mean any sum, liability for which has been incurred by the taxpayer during the previous year irrespective of the date by which such sum is statutorily ..... in the case of certain assessees, practical difficulties were encountered. .....
Tag this Judgment!Court : Orissa
Reported in : [1955]28ITR136(Orissa)
..... 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. ..... who made the original assessment came to the conclusion that the rate at which the super-tax was assessed by virtue of the provisions of section 6(4) (v) of the finance act, 1939, should be the rate prescribed by the finance act of the previous year, viz. ..... was a decision under the agricultural income-tax act, and the income-tax officer in the present case being informed that the patna high court had decided in that case that it was not agricultural income liable to be taxed under the agricultural income-tax act, sought to invoke his powers under section 34 of the income-tax act. ..... 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. ..... the legislature thought that it was necessary to curtail the powers of the income-tax authorities in this respect. ..... the act confers wide powers on income-tax officers to assessee such incomes which have not been shown by the assessee in his return, provided they come to know of the existence of such incomes through other .....
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 of the law entertained ..... decision under the agricultural income-tax act, and the in-come-tax officer in the present case being informed that the patna high court had decided in that case that it was not, agricultural income liable to be taxed under the agricultural income-tax act, sought to invoke his powers under section 34, income-tax act. ..... in our opinion, the second condition for the exercise of powers under section 34 has not been established in the present case.8. mr. ..... after discussing the entire question came to the conclusion that under section 34, 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 ..... legislature thought that it was necessary to curtail the powers of the income-tax authorities in that respect. ..... the act confers wide powers on income-tax officers to assess such incomes which have not been shown by the assessee in his return, provided they come to know of the existence of such incomes .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR641(Orissa)
..... an explanation was inserted at the end of sub-section (1) of section 271 by the said finance act (section 40 of the finance act, 1964). ..... originally, the 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 of each other. ..... 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 then existing provisions. ..... four explanations were substituted for the explanation introduced by the finance act, 1964. ..... of the total income of any person under this act,-- (a) such person fails to offer an explanation or offers an explanation which is found by the income-tax officer or the appellate assistant commissioner to be false, or (b) such person offers an explanation which he is not able to substantiate, then, the amount added or disallowed in computing the total income of such person as a result thereof shall, for the purposes of clause (c) of this sub-section, be deemed to represent the income in respect of which particulars .....
Tag this Judgment!Court : Orissa
Reported in : [2005]141STC26(Orissa)
..... ) 8 jt 2 (sc) is that the industrial policy resolution is issued by the state government after the policy resolution is approved by the cabinet itself whereas the notification under section 7 of the bihar finance act is issued by the state government in the finance department to carry out the objectives and the policy decisions taken in the industrial policy resolution itself and therefore such notification cannot be repugnant to the industrial policy resolution of ..... . [1999] 112 stc 258 ; (1998) 8 jt 2 (sc) wherein it was held that a notification issued in exercise of powers under section 7 of the bihar finance act cannot authorise the state government to negate the incentives and the benefits which an industrial unit would otherwise be entitled to under the industrial policy resolution of ..... 42 ; air 1979 sc 621, kasinka trading air 1995 sc 874 and shrijee sales corporation (1997) 3 scc 398 held :'it is, therefore, obvious that even though it may be found that the government or any other competent authority had held out any promise on the basis of which the promisee might have acted, if public interest required recall of such a promise and such a public interest outweighed the interest ..... not revived if legislative power is subsequently given to the legislature which enacted it ; a law partly void because of violation of constitutional limitations operates proprio vigore when the limitations are removed ..... removed the law begins to operate proprio vigore from the date of such .....
Tag this Judgment!Court : Orissa
Reported in : 2004(I)OLR107; [2005]139STC305(Orissa)
..... which arose for 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 ..... petitioner for refund can only be considered in accordance with the provisions of the orissa sales tax act, 1947 and the rules made thereunder and in this case the sales tax officer considered the applications of the petitioner dated 19.9.1997 and 20.9.1997 in accordance with the provisions of the orissa sales tax act, 1947 and the rules made thereunder and rejected the same by the impugned order dated ..... aggrieved, the petitioner has filed this writ petition under article 226 of the constitution with a prayer to quash the said order dated 18.12.1997 of the sales tax officer, rourkela-ii circle, panposh and to direct him to immediately quantify and refund to the petitioner the entire amount of tax paid by the petitioner for the years 1989 ..... show that the sales tax officer has recorded the statement of sri naresh agarwal, director of the petitioner company, made on 15.12.1997 in which he has stated that the total amount of tax paid on raw materials purchased against form 1-b for the periods 1989 .....
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 rs. ..... documents have been appended 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 ..... ray also contends that even if it is pleaded by the petitioner that it seeks to invoke jurisdiction under article 227 of the constitution of india, it is well settled in law that the power of superintendence of the high court under article 227 being extraordinary has to be exercised most sparingly and only in appropriate cases. ..... commissioner, central excise, customs and service tax, bhubaneswar submitted that the writ application is not maintainable since admittedly disputed question of facts arise for a decision which can be adjudicated by the authorities under the act and therefore, the high court should not exercise its power under article 226 of the constitution of india. .....
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 is not liable to pay a ..... that was a case where the owner of a private motor car paid duty thereon at the horse-power rate under the finance act of 1920. ..... appeals arise out of two suits 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 ..... ' taking into consideration the nature of work the machineries are employed to perform, we may have no difficulty in treating them as 'vehicles' for the purpose of definition as the evidence discloses that they are engaged in the movement of ores in the mining areas. ..... the scrapers are engaged to remove the over-burdened earth and are pushed by bulldozers. ..... 3) are used to remove the surface earth over the rock-bed. .....
Tag this Judgment!Court : Orissa
Reported in : [1959]36ITR100(Orissa)
..... 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 recommendations of the indian states finance enquiry committee, 1948-49, on the basis of which agreements have been entered into between the ..... were not referred to according to the statement in the case.the assessee raised two contentions before the tribunal to the effect, firstly, that under section 3 of the indian income-tax act, there must be a central finance act enacting the rates of income-tax for the year of assessment and as, such finance act was not passed by the gangpur state, there was no rate in force so as to determine the tax and levy the same upon the income assessed ..... president of india and the rajpramukhs of travancore-cochin and mysore on february 25 and 28, 1950, respectively, which would restrict the meaning of the expression levy, assessment and collection of income-tax in section 13(1) of the finance act; nor do the recommendations bring section 13(1) into conflict with articles .....
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