Judgment Search Results Home > Cases Phrase: finance act 2001 schedule vii seventh schedule Court: kolkata Page 1 of about 272 results (0.083 seconds)

Fort Gloster Industries Ltd. Vs. Member, Board of Revenue

Court : Kolkata

Reported in : [1970]26STC141(Cal)

..... the question remains: what is the interpretation the court should give of the expression 'question of law' and deciding such question of law, expressions used under section 21(1) of the bengal finance (sales tax) act and also in similar other statutory provisions which are in pari material is it a question of law whether the law itself that has to be applied is valid or invalid is it ..... the bengal finance (sales tax) act, 1941, was originally a provincial legislation and the amendment which is in issue is a state legislation passed under article 246(3) of the constitution read with item 54 of list ii of the seventh schedule of the constitution of india which uses the words 'taxes on the sale or purchase of goods other than ..... in which he deals is therefore not a sale within the meaning of the sale of goods act and therefore it is not 'sale of goods' within the meaning of entry 54, list ii, schedule vii, of the constitution. ..... of sale of goods within the meaning of that expression in entry 54 of state list ii to schedule vii of the constitution. ..... laid down in unmistakable terms the rules that should guide us in interpreting the words 'sale of goods' occurring in entry 54 in list ii to schedule vii in state of madras v. ..... 1030, it is laid down that the expression 'sale of goods' occurring in entry 54 of list ii of schedule vii of the constitution is a composite expression having a defined meaning involving the existence of all the elements required to constitute a valid sale and there can .....

State of West Bengal Vs. Indian Steel and Wire Products Ltd. and anr.

Court : Kolkata

Reported in : [1967]19STC319(Cal)

..... trial judge came to the conclusion that 'the expression 'sale of goods' in entry 48, list ii, schedule vii, of the government of india act, 1935, was a nomen juris, its essential ingredients being an agreement to sell goods for a price and ..... under article 226 of the constitution making absolute a rule issued at the instance of the first respondent for a writ in the nature of certiorari quashing a notice under section 11(2) of the bengal finance (sales tax) act, 1941, and all proceedings thereunder together with a writ in the nature of mandamus directing the state of west bengal and its commercial tax officer, esplanade charge, not to give effect to the ..... the roman law in insisting on an agreement between parties and price as essential elements of a contract of sale of goods' and referring to the codification of the law in england by the sale of goods act, 1893, and the indian sale of goods act, 1930, it was said,according to the law both of england and of india, in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of ..... 48 in list ii of the seventh schedule to the government of india act, 1935, read 'tax on ..... entry 54 in list ii of the seventh schedule to the constitution before amendment in 1956 read 'tax on ..... the petitioners were sales within the meaning of entry 48 of list ii of the seventh schedule to the government of india act, 1935, or entry 54 of list ii in the seventh schedule to the constitution of india.28. .....

Engineers (Overseas) Corporation Pvt. Ltd. and anr. Vs. West Bengal Fi ...

Court : Kolkata

Reported in : AIR1986Cal132,89CWN700

..... it appears that initially, a preliminary objection was raised before the district judge about the maintainability of the said application on the ground that the said state act was ultra vires the constitution because the state act being in substance an act for money lending business comes under the jurisdiction of the state legislature under schedule vii of the constitution and the central government had no jurisdiction to enact the said state act of 1951. ..... mitter has submitted that money lending is essentially a subject under the state list under schedule vii of the constitution and the parliament was not competent to enact on the state subject. ..... the privy council has held that it is not always possible to make clearcut division of powers of authorised legislation under lists 1, 2 and 3 of the 7th schedule of the said act they are bound to overlap from time to time and the rule of interpretation is to find out the pith and substance and its true nature and character. ..... wish that a similar corporation should also be set up in the state to supplement the work of the industrial financial corporation the intention is that the state corporation will confine their activities to financing the medium and small scale industries and will as far as possible, consider only such cases as are outside the scope of the financial corporation. ..... 45 of list i of seventh schedule of the constitution. ..... 27 of list ii of the seventh schedule of the govt. .....

Peerless General Finance and Investment Co. Ltd. and anr. Vs. Reserve ...

Court : Kolkata

Reported in : [1996]85CompCas808(Cal)

..... state of bombay : [1954]1scr1055 held that section 58 of the bombay public trust act imposing contribution upon each public trust, at certain rates to be fixed by the rules, in proportion to the gross annual income of such trust is not ultra vires the state legislature because the contribution imposed under the section is not a tax but a fee which comes within the purview of entry 47 of list iii in schedule vii to the constitution.299. ..... ordelivering' of any goods to a hirer under ahire-purchaseagreement as defined in clause (c) of section 2 of thehire purchaseact, 1972 (26 of 1972).2(f)hire-purchase financecompany means any company which is a financial institutioncarrying on as its principal business, hire-purchase transactions orthe financing of such transactions.45-i(c)(iv)the carrying on of any class of insurance business.2(h)'insurance company' means any company registered for any class ofinsurance business under section 3 of the insurance ..... or otherwise of any activity other than its own.2(j)'loan company'means any company which is a financial institution carrying on as its principalbusiness, the providing of finance, whether by banking oans or advances or otherwise for any activity other than its own but does not include an equipmentleasing company or a hire-purchase finance company or a housingfinance company.45-i(c)(ii)the acquisition of shares, stocks, bonds, debentures or securities issued by the governmentor local authority or other marketable securities of a like .....

Shri Mohan Lal Chokhany Vs. the Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1971]28STC367(Cal)

..... preference to one state over another or discriminate, or authorise the making of any discrimination, between one state and another by virtue of any entry relating to the trade and commerce in any of the lists in the seventh schedule of the constitution of india, and (3) there can be no question of the act giving preference to one state over another or discriminating between one state and another when it is a central statute operating throughout the land. ..... , after giving him a reasonable opportunity of being heard, by order in writing, impose upon him by way of penalty a sum not exceeding one-and-a-half times the tax which would have been levied under this act in respect of the sale to him of the goods if the offence had not been committed : provided that no prosecution for an offence under section 10 shall be instituted in respect of the same facts on which a ..... learned judge came to the conclusion that under section 11 of the bengal finance (sales tax) act, the sales tax authorities in west bengal were empowered to impose penalty for non-submission of return or late submission of return and also for default in payment of assessed tax and, therefore, reading section 9(3) of the central act with section 11 of the bengal finance (sales tax) act, the sales tax authorities could impose penalty on a registered dealer who ..... that section 9 of the central sales tax act of 1956 was ultra vires on the ground of entry 92a or 93 of list i of schedule vii of the constitution of india was rejected. .....

NitIn Chakravarti Vs. V.S.C. Bonarjee and anr.

Court : Kolkata

Reported in : AIR1970Cal477,74CWN958

..... the acts mentioned in the said order are: bengal finance (sales tax) act, 1941, bengal motor spirit (sales tax) act, 1941, bengal raw jute taxation act, 1941, west bengal sales tax act, ]9o4, west bengal tax on entry of goods in local areas act, 1955, central sales tax act, 1956, bihar sales tax act, 1947 and bengal sales tax act, 1909 ..... 14, schedule vii, ..... 3, schedule vii of the constitution ..... criminal procedure code but the tribunal must be subordinate to the high court or, in other words, it was held by the supreme court that the subordination for the purpose of section 3 of the contempt of courts act meant judicial subordination not subordination under the hierarchy of the courts under the civil procedure code or the criminal procedure code. ..... further submitted that the provision of the amending act is repugnant to the contempt of courts act, 1952 and as no assent of the president was obtained the act is ab initio void and ultra vires.5. ..... the provision of the contempt of courts act and section 7 of the board of revenue (amendment) act are clearly matters in the concurrent list and the latter was enacted in violation of the provisions of article 254 of thy constitution ol india and, therefore, it ..... 254 of the constitution inasmuch as the state government sought to legislate on matters in which the central government has already legislated and the said provision is repugnant to the provision of the contempt- of courts act, 1952 and, therefore, ultra vires and void. ..... 3, schedule 7, item .....

Mohanlal Chokhany Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1970]25STC413(Cal)

..... had in fact introduced the provisions for assessment and reassessment and imposition of penalty of different sales tax laws in different states into the central act, as if they have been enacted in the central act and thereby the legislature avoided reprinting of the said provisions into the central act and for all practical purposes those sections of the general sales tax laws dealing with assessment and imposition of penalties are to be dealt with ..... in that view of the matter i am of the opinion reading section 9(3) of the central act with section 11 of the bengal finance (sales tax) act, the sales tax authorities can impose penalty on a registered dealer who did not file return under the central sales tax act and/or did not pay any assessment due under the said act and there is nothing wrong in regard to the said assessment or penalty.5. mr. ..... mukherjee further argued that if it is held that under the powers given under section 9 the penalty can be imposed, then his argument is that section 9 is ultra vires entry 92a and entry 93 of list i of schedule vii of the constitution of india. mr. ..... on 16th november, 1964, the commercial tax officer issued a notice under section 11 (4b) of the bengal finance (sales tax) act read with section 9 of the central sales tax act whereby it was stated that the petitioner has defaulted for making payment of tax for the year ending chait sudhi 8, 2019, within the date fixed for payment and it was proposed by the said .....

Calcutta Hospital and Nursing Home Benefits Association Ltd., Calcutta ...

Court : Kolkata

Reported in : AIR1963Cal598,[1963]47ITR247(Cal)

..... so decides, it must specifically use charging words to make the surplus arising from such transactions liable to tax, or as has been done in section 53 (2) (h) of the finance act, 1920, relating to corporation profits tax, income must be declared to include, in the case of mutual insurance companies, the surplus arising from transactions with members. ..... authoritative, decisions introduced some refinements into the english rule and in 1933 parliament (by section 31(1) of the finance act of that year) enacted that 'profit or surplus arising from transactions of the company or society with its members' would be taxable as 'profits or gains' in all cases where they would have been taxable as such 'if ..... the original schedule of the income-tax act was repealed by the repealing act of 1927 and the present schedule to which reference is made in section 2 (6c) (vii) was added by section 84 of the indian income-tax amendment act, 1939 (act vii of 1939) and was a pre-existing schedule at the date of amendment ..... taxed was profit or income in the ordinary sense, then undoubtedly the surplus which was returnable to the members would not be liable to tax and, prior to the amendment of section 2(6c) of the indian income-tax act, it is common ground that these profits were not subject to taxation'.therefore, the only point before the tribunal and which is now open to the taxing authorities is the consideration of the question whether section 2(6c) of ..... the seventh, rule relates to what is called 'the .....

Mani Lall Sing Vs. the Trustees for the Improvement of Calcutta

Court : Kolkata

Reported in : 44Ind.Cas.770

..... and 42 (a), but the mere fact that the land is included in the scheme framed under section 42 (a) will not justify its acquisition unless it be for the purposes of the act, otherwise it would have been sufficient to say in section 69 that the board may acquire any land sanctioned by the government without the addition of the words for carrying out any of the ..... strictly construed: in construing the words [section 42 (a)] 'affected by the execution of the scheme' we should be guided by the decisions of the courts in england under the lands clauses consolidation act in the case of lands 'injuriously affected by the execution', of the authorised 'works' or undertaking' and we should further have regard to the analogy afforded by the sixth clause of section 24 of the land ..... to be taken were all put in a schedule to the act; they were actually defined by boundaries and quantities, and the words of the act were that they might take all those lands, which not only shewed the extent to which they were to go, but placed a limit within the four corners of the act, upon the quantity of land which they were ..... and 81 in the manner already touched upon, according to which they were designed to enable the board to make a profit out of the abandoned parts of their various undertakings, or to finance themselves out of land entered in their plans through errors of calculation or judgment.105. ..... chapter vi 'finance' chapter vii rules' and ..... act relate to taxation and finance ..... finance ..... vii-a so ..... vii .....

Neycer India Limited Vs. Gmb Ceramics Limited

Court : Kolkata

..... scope of reference; ii) the umpire exceeded his jurisdiction; iii) the umpire allowed new claims by way of amendment which were barred by limitation; iv) factually incorrect assumption; v) non-consideration of evidence and acting without any evidence and wrongful interpretation of documents; vi) against the law of the land; vii) speculative award without any basis of anticipatory or future damages; viii) non-application and misapplication of mind; and ix) mitigation of damages. ..... the petitioner also assailed the award on the ground that the particulars of the claim as mentioned in schedule e definitely constituted a new cause of action inasmuch as the original claim was for damages arising out of the delay ..... the supreme court in the case of puri construction private limited versus union of india, reported in (1989) 1 scc411 while considering the scope of section 30 of the act the supreme court observed that a court cannot sit in appeal over the views of the arbitrator by reexamining or reassessing the materials. ..... maharastra state electricity board versus sterilite industries (india) and another, reported in (2001) 8 scc482 is an authority on a proposition that unless the error of the law is patent on the face of the award neither the high court nor the ..... g/81 which is a letter written by the industrial finance corporation of india (ifci) on may 19, 1987, the petitioner argued that the umpire concluded that the said letter was indicative of the sanction of the loan applied for as it .....