Court : Rajasthan
Reported in : 1987(12)ECC389; 1987(10)LC307(Rajasthan); 1986(26)ELT703(Raj); 1986(2)WLN612
..... be enforced against the state. it is observed by their lordships of the supreme court that the government was bound since the u.p. sales tax act and particularly section 4 contain a provision to grant exemption from sales tax, the government can legitimately be held bound by its promise to exempt the sales tax. ..... . the notification dated 15th july, 1985 (annexure p) is reproduced herewith :-'to be published in part ii, section 3, sub-section (i) of the gazette of india extraordinary dated the 16th july, 1985. government of india ministry of finance (department of revenue) new delhi, the 15th july, 1985 25 asadha, 1907 (saka) notification no. 159/ ..... plant and machinery. after this notification the petitioner company also made a loan application to the financial institutions of central government for a long term loarn for financing the new factory. it also took necessary steps towards the establishment of factory and incurred investment of approximately rs. 32 crores of the loan granted by .....
Tag this Judgment!Court : Rajasthan
Reported in : 1992WLN(UC)442
..... the entire undertaking of the corporation shall be vested in the development bank. the corporation could not be dissolved except by the government. the industrial finance corporation act stated that whoever, in any bill of lading, warehouse receipt or other instrument given to the corporation whereby security is given to the corporation for ..... corporation v. devraj ors : (1976)iillj306sc , held to be 'other authority' as it was statutory corporation and the state government had power under section 34 of the act to give directions to be followed by the corporation relating to recruitment, conditions of service, training of its employees, wages to be paid, reserves to ..... of the state policy laid down in article 46, is that the state shall promote with special care the educational and economic interests of the weaker sections of the people. the expression, 'other authorities' would this include all constitutional or statutory authorities on whom powers are conferred by law for the purpose .....
Tag this Judgment!Court : Rajasthan
Reported in : (2002)77TTJ(NULL)849
..... -92 it is observed that the textile cess is levied and collected under a separate statute called textile committee act, 1963, which is a parliamentary act and as such come under the purview of section 43b after the amendment made by the finance act, 1988.26. as such considering all the facts of the case, the legal position emanating from the various ..... high court that such market fees cannot be regarded as tax or duty attracting provisions of section 43b. it is pertinent to note here that clause (a) of section 43b at the relevant time referred only to tax or duty. however, the same was substituted by the finance act, 1988, with effect from 1-4-1989, to read as under :'(a) any ..... tax, duty, cess or fees payable under a statute by whatever name called'.with the result of the above amendment the scope of section 43b stands widened to also cover the cess and fees payable .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)191; [2008]299ITR253(Raj)
..... on income-tax and when parliament is competent to enact the law prospectively, it can also lay down the law retrospectively. under section 143(1a), prior to the amendment by the finance act, 1993, with effect from april 1, 1989, what was being taxed was the difference between the income declared in the return ..... may be summarised as under:(i) the main dispute pertains to the interpretation of the provisions of section 143(1 a) existing at the relevant time and clause (a)(i) and (ii) which were inserted, substituted by the finance act, 1993, with retrospective effect from april 1, 1989, the matter pertains to the assessment year 1991 ..... 2005]274itr35(delhi) ; union of india through central organisation railway v. union of india through secretary, ministry of finance : [2006]285itr362(all) ; etah gramin bank v. cit : [2007]290itr636(all) and cit v. neyveli lignite corporation ltd. : [2007]293itr362(mad) .6. since this appeal is pending for adjudication for the last 14 years we now cannot ask .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR2008Raj61; RLW2008(2)Raj1796
..... down by the learned single judge of this court on 15-3-2000, the state government introduced rajasthan finance act, 2000 which got assent of the governor on 9-5-2000 and under section 18 of the said act, section 56(1) of the stamp act was amended with the proviso under which no revision application would be maintainable unless and until 50% deposit ..... drastic condition of deposit of 50% of recoverable amount.17. in the case of bhavya apparels private limited and anr. v. union of india and anr. reported in : 2007(216)elt347(sc) , the hon'ble apex court held that while imposing the condition of pre-deposit, the tribunal is expected to apply its mind in regard to the ..... kanai jamini ranjan pal pvt. ltd. v. member, board of revenue, reported in : air1976sc1545 ; bhavya apparels private limited v. union of india reported in 2007 (1z1) jt (sc) 253 : 2007 air scw 6192. the division bench judgment of this court, in gaurav gupta v. state, reported in 2001 (2) wlc (raj) 201 was also cited.6. mr. .....
Tag this Judgment!Court : Rajasthan
Reported in : [1998]229ITR252(Raj)
..... decision given in the case of karnataka state financial corporation v. cit 0043/1985 : [1988]174itr206(kar) was not followed.13. by the amendment by the finance act, 1985, the words 'computed before making any deduction under this clause and chapter vi-a' were substituted for the words 'computed before making any deduction under ..... or agricultural development in india, an amount not exceeding -- (a) in the case of a financial corporation or a joint financial corporation established under the state financial corporations act, 1951 (63 of 1951), or an institution deemed under section 46 of that act to be a financial ..... ) of section 36 of the income-tax act for computing the income under the head 'profits and gains of business and profession'. the said clause during the year under assessment read as under ;'in respect of any special reserve created by a financial corporation which is engaged in providing long-term finance for industrial .....
Tag this Judgment!Court : Rajasthan
Reported in : (1985)45CTR(Raj)251; [1986]159ITR41(Raj)
..... may be pointed out that the words 'not involving the carrying on of any activity for profit' contained in section 2(15) have been omitted by the finance act of 1983, with effect from april 1, 1984. under the act of 1922, income derived from a business carried on for the purpose of advancing an object of general public ..... law governing exemption from taxation of income derived from property held for religious or charitable purposes has undergone significant changes after the enactment of the act of 1961. section 2(15) of the act of 1961 defines charitable purpose so as to include relief of the poor, education, medical relief and the advancement of any other object of ..... medical relief, and the advancement of any other object of general public utility not involving the carrying on of any activity for profit.'16. under section 4(3)(i) of the act of 1922, income derived from property held under trust for religious or charitable purposes was exempt from taxation in so far as such income was .....
Tag this Judgment!Court : Rajasthan
Reported in : 1985(1)WLN736
..... loss in 'duplicate'. in this connection, we may notice the authorities that were cited by the learned counsel for the assessing authority. the provision contained in section 5(2)(a)(ii) of the bengal finance (sales) tax) act, 1941 and rule 27-a of the bengal sales tax rules, 1941 came up for consideration in kedarnath jute . v. commercial tax officer and ors ..... . 16 stc 607 under-section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941 a dealer can claim exemption in regard to sales to a registered dealer by furnishing declaration forms under the aforesaid provision issued by the purchasing .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003]133TAXMAN388(Raj)
..... from 1-10-1991 to section 272a(2) of the act has been given retrospective effect. in absence of any retrospective effect to such provisions, this newly inserted proviso cannot have any impact ..... . while admitting this appeal on 27-11-2000, the court had framed following question :'whether the newly inserted proviso vide the finance act, 1991 with effect from l- 10- 1991 to section 272a(2) of the act is applicable to the respondent-assessee whose default relates to assessment year 1989-90 requiring the assessee to file returns on or before ..... 30-4-1989 for the period ending on 31-3-1989?'2. it is nobody's case that the newly inserted proviso vide the finance act, 1991 with effect .....
Tag this Judgment!Court : Rajasthan
Reported in : [1986]63STC234(Raj)
..... loss in 'duplicate'. in this connection, we may notice the authorities that were cited by the learned counsel for the assessing authority. the provisions contained in section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, and rule 27-a of the bengal sales tax rules, 1941, came up for consideration in kedarnath jute . v. commercial tax officer [1965] 16 ..... stc 607 (sc). under section 5(2)(a)(ii) of the bengal finance (sales tax) act, 1941, a dealer can claim exemption in regard to sales to a registered dealer by furnishing declaration forms under the aforesaid provision issued by the purchasing .....
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