Court : Rajasthan
Reported in : AIR1960Raj294
..... directors at all. they having done so, the directors themselves should be deemed to have created the charge, and thus infringed section 8 of the insurance act. section 13 of the rct habilitation finance administration act of course provides that the assets created from the loan shall, notwithstanding any law or usage to the contrary, be deemed to ..... deposited this amount with the reserve bank of india for the purpose of carrying on the life insurance business under section 98(2) of the act. it is submitted that by virtue of section 13 of the rehabilitation finance administration act, there was a charge attached to the loan itself, and, therefore, it should not have been taken by ..... their own created such a charge. the charge was created by operation of law and it was no fault of the directors if section 13 of the rehabilitation finance administration act had an overriding effect notwithstanding any law or usage to the contrary.7. it is next contended that the directors should not have taken .....
Tag this Judgment!Court : Rajasthan
Reported in : 2001(3)WLC62
..... (mentioned in the appended schedule) raise an interesting question of law in the matter of one lime tax scheme introduced by way of insertion of section 3(1b) of the finance act, 1989 (act no. 6 of 1989)(2). the questions for our consideration are that:-(1) whether, fresh assessment is permissible under the law in respect of ..... in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b of the act cannot and need not be compared with section 3 (1b) of the act which has been subsequently introduced by the rajasthan ordinance of 1988 or by the finance act, 1989; and, the two provisions deal with altogether separate situations. land and ..... introduced in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b cannot and need not be compared with section 3(1b) of the act which has been introduced subsequently by the rajasthan ordinance of 1988 or by the finance act, 1989; and, the two provisions deal with separate situations altogether. (5) the .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217
..... mentioned in the appended schedule) raise an interesting question of law in the matter of the one-time tax scheme introduced by way of insertion of section 5(1b) of the finance act, 1989 (act no. 6 of 1989).2. the questions for our consideration are :'(1) whether, fresh assessment is permissible under the law in respect of the ..... in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b of the act cannot and need not be compared with section 3(1b) of the act which has been subsequently introduced by the rajasthan ordinance of 1988 and by the finance act, 1989 ; and, the two provisions deal with altogether separate situations. land ..... introduced in 1964 or when it came into force in 1973 and, therefore, sections 13, 15 and 15b cannot and need not be compared with section 3(1b) of the act which has been introduced subsequently by the rajasthan ordinance of 1988 or by the finance act, 1989 ; and, the two provisions deal with separate situations altogether.(5) the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of main enactment as also the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without ..... facts and they are required to be determined by the authorities under the act. against the assessment order by the respondent sub-registrar, an appeal lies before the d.i.g. (stamps) as per section 48 of the rajasthan finance act, 2006, and under section 51, a revision before the state government, which are quoted below for ..... ready reference: 48. appeals: - (1) any person aggrieved by an order under sections 42, 43 or 44, may at any time before the .....
Tag this Judgment!Court : Rajasthan Jodhpur
..... of main enactment as also the rules framed thereunder have been complete violated while framing assessment orders. definition of 'land' as given in section 38 (c) of the rajasthan finance act, 2006 has also not been taken into consideration. the provisional assessment lists were finalised without considering the objections submitted by the petitioners and without ..... facts and they are required to be determined by the authorities under the act. against the assessment order by the respondent sub-registrar, an appeal lies before the d.i.g. (stamps) as per section 48 of the rajasthan finance act, 2006, and under section 51, a revision before the state government, which are quoted below for ..... ready reference: 48. appeals: - (1) any person aggrieved by an order under sections 42, 43 or 44, may at any time before the .....
Tag this Judgment!Court : Rajasthan
Reported in : [1980]45STC295(Raj)
..... powers. it may also be pointed out that in the bengal finance (sales tax) act, 1941, which is extended to the union territory of delhi, section 12f was introduced by the finance act of 1972, which made a similar provision as was made in section 19(3) of the bombay sales tax act, 1959.11. in view of the aforesaid discussion, we are ..... the supreme court to come to the conclusion that a dissolved firm could be assessed in respect of its pre-dissolution turnover under the bombay act. under sub-section (3) of section 5 of the bombay act, it was observed by their lordships of the supreme court, the liability of a firm to pay sales tax continued, until the cancellation ..... liability of the dissolved firm to be assessed to sales tax in respect of the goods thus deemed to be sold.7. significantly, in the bombay sales tax act, 1959, section 19(3) was introduced which made a clear provision for assessment of a firm after dissolution, by providing that every partner shall be jointly and severally liable .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)176CTR(Raj)165
..... the government of india introduced the scheme in the name of kar vivad samadhan scheme, 1998, under chapter iv of finance act, 1998, with a view to provide a quick and voluntary settlement of tax dues as on 31-3-1998, both in various direct tax enactments as well as ..... hearing. in these circumstances, it is obligatory for the designated authority to proceed with the declaration proceedings as provided under sub-clause. (1) and sub-clause. (2) of section 90. accordingly we direct the designated authority to proceed in accordance with law on the declaration filed by the petitioner.8. in view of this direction the petitioner seeks permission ..... be prescribed to the declarant setting forth therein the particulars of the tax arrear and the sum payable after such determination towards full and final settlement of tax arrears.'section 95 is the most relevant provision and has a direct bearing on the controversy involved in the instant case. the provision is extracted as follows:'95. the provisions .....
Tag this Judgment!Court : Rajasthan
Reported in : (1986)57CTR(Raj)185; [1987]168ITR364(Raj)
..... not comprehensive enough so as to include gold ornaments not studded with precious or semi-precious stones prior to the insertion of explanation 1 to section 5(1)(viii) by the finance (no. 2) act, 1971, with effect from april 1, 1972. in this view of the matter, we uphold the view taken by the income-tax appellate ..... ' but not including jewellery ' at the end of the clause and two explanations were also added by the same amending act. thus, section 5(l)(viii), as it stood after its amendment by the finance (no. 2) act of 1971, reads as under :'(viii) furniture, household utensils, wearing apparel, provisions and other articles intended for the personal ..... cwt : [1981]132itr868(mp) and held that the intention of parliament in adding the words ' but not including jewellery' in section 5(1)(viii) retrospectively with effect from april 1, 1963, by the finance (no.2) act, 1971, and the addition of explanation 1 giving a wider meaning to the word ' jewellery ' prospectively with effect from april .....
Tag this Judgment!Court : Rajasthan
Reported in : 2008[9]STR451
..... to rs. 91,67,098/- and education cess amounting to rs. 28,235/- should not be demanded and recovered from the petitioner under the erstwhile section 73(1)(a) and proviso to section 73(1) of the finance act, 1994. the petitioner has also been asked to show cause and explain as to why interest as applicable should not be recovered from him under ..... section 75 of the finance act, 1994. show cause notice is also issued in connection with penalty. it is the aforesaid show cause notice which is impugned at the instance of the petitioner.2. the ..... connection, reference is required to be made to the decision of hon'ble supreme court in the case of trade tax officer, saharanpur v. royal trading co. reported in (2005)11 scc 518, wherein it is observed by the hon'ble supreme court as under:1. these appeals are against the judgment of the allahabad high court dated 21-1 .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)467; RLW2008(3)Raj2509; [2008]13STJ301; 2008[11]STR5; (2008)15VST542(Raj)
..... framed in both the appeals read as under:(1) whether the tribunal could reduce the penalty imposable under section 76 of the finance act, 1994 as amended by the finance act, 1998 read with rule 6 of the service tax rules below the minimum limit prescribed under that section?(2) whether the tribunal could entertain an appeal on merits when the appeal before the commissioner was ..... the requirement of pre-deposit, allowed the appeal, and reduced the penalty under section 77 to the maximum permissible extent, and the penalty under section 76 was reduced to 10%.5. the appeal no. 4 was admitted on 13.4.2005, while appeal no. 25 was admitted on 5.12.2005, by framing identical questions of law, notwithstanding the fact, that in appeal no .....
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