Judgment Search Results Home > Cases Phrase: finance act 2007 section 46 amendment of section 142 Court: kolkata Page 70 of about 741 results (0.132 seconds)

Owen Vs. Elliott (inspector of Taxes).

Court : Kolkata

Reported in : [1991]189ITR109(Cal)

..... exemption from tax unless a test for distinguishing between hotels and other forms of residential accommodation can properly be derived from the use of that expression in section 80 of the finance act 1980. none can. no relevant distinction can be drawn between a letting to an undergraduate or nurse or lodger, such as the judge thought would ..... respect of the gleneagles hotel, eastbourne, should be upheld. the case is concerned with the meaning of the words 'let by him as residential accommodation' in section 80(1) of the finance act 1980.the commissioners found the following facts. the gleneagles hotel consisted of two parts, namely, a main building and an annexe. the taxpayer, mr. owen, ..... main residence.' it seems to me that those words, taken together, are what achieve the concept of a home in section 101 an there is nothing at all which resembles them in section 80(1) of the finance act 1980.mr. moses said that the concept of a home is conveyed by the word 'residence' alone. i do not .....

Pepper (inspector of Taxes) Vs. Hart and Others.

Court : Kolkata

Reported in : [1991]191ITR195(Cal)

..... employment'. higher-paid employment means, after 1978, employment with emoluments at the rate of pounds 8,500 a year or more (section 69(1), as amended by section 23 of the finance act 1978). section 61 introduced into charge to income tax under schedule e a wide range of benefits, where these are provided for the employee or ..... of deference to the attractively presented argument of mr. oliver, for the taxpayers, and because this case has certain features which case me concern.section 61(1) of the finance act 1976 requires that in cases where the subsection applies there shall be treated as emoluments of the employment of each of the taxpayers, and ..... are to be found in chapter ii of part iii of the finance act 1976, in particular, sections 61 and 63. those two sections have now been replaced, with amendments immaterial for present purposes, by sections 154 and 156 of the income and corporation taxes act 1988. section 61 is the charging provision. it applies where a person is employed .....

Maheshwari Ispat Limited Vs. Tata Capital Financial Services Limited

Court : Kolkata

..... , the guarantors properties, even if taken into account, would be insufficient to meet the claim of the appellant. mr.bose would refer to section 128 of the contract act and the decision in the case of ravi cement product ltd.versus kankani construction pvt.ltd.reported in 2013 volume- i calcutta high court notes ..... subsequent proceeding on the self-same issue was nothing but an abuse of process. to support his contention mr.chowdhury relied on four decisions: i) manipal finance corporation ltd.versus crc carrier ltd.reported in 107 company cases page-288. ii) pradeshiya industrial & investment corporation of u.p versus north india petrochemical ltd ..... they had sixteen secured creditors.however, only one secured creditor was pressing for winding up of the company, others were in favour of restructuring. tata capital finance service limited helped the company in difficulties. they extended a short term composite financial assistance to the extent of rs.5 crores approximately. in terms of .....

Uco Bank Vs. Customs,excise and Service Tax Appllete

Court : Kolkata

..... exempted services to mean taxable services which are exempted from whole of the service tax leviable thereon and includes the services on which no service tax is leviable under section 66 of the finance act. the said definition is amended with effect from 1.4.2011 by inserting the word and taxable services whose part of value is exempted on the condition that ..... or cheques as equal an amount to the interest on such over-draft, cash credit or as the case may be discount from service tax leviable thereon under section 66 of the said act. the said notification further provides that this exemption can be claimed provided the interest amount is shown separately in an invoice, a bill or as the case may .....

income-tax Officer Vs. General Investment Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)29ITD1(Kol.)

..... 1972 and rectified the order under section 35 withdrawing the exemption granted in the earlier order. the assessee challenged the validity of the rectification order in a writ petition in the high court. the high court set aside the order by holding that whether the retrospectivity given by the finance act would cover completed assessments or ..... was made by the income-tax officer, the law as interpreted was that the gross dividend was to be allowed as a deduction under section 80m. subsequently, the parliament by enacting section 80aa by finance (no. 2) act of 1980 with retrospective effect from 1-4-1968, provided that: where any deduction is required to be allowed under ..... .no further appeal was filed by either side against the order of the appellate asstt. commissioner. by section 32 of the finance (no. 2) act of 1971, section 5(1)(viii) of the wealth-tax act, 1957 was amended withdrawing the exemption on the jewellery with retrospective effect from 1-4-1963. in view of this amendment the .....

Dindayal Prasad Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1993)44ITD202(Kol.)

..... change of accounting period resulted in loss of revenue since the rates of income-tax were lowered by the finance act, 1986 for the assessment year 1986-87. therefore, the commissioner of income tax has rightly invoked his revisional jurisdiction under section 263.: not to current assessment years as the present system of uniform previous year of 12 months has ..... of the year of taxation by means of the change of accounting period will result in loss of revenue, since the rates of income-tax were lowered by the finance act, 1986, for the assessment year 1986-87. the loss on this account has been worked out by the commissioner of income-tax to amount to rs. 11,14 ..... postponement of the year of taxation by means of the change of accounting period resulted in loss of revenue since the rates of income-tax were lowered by the finance act, 1986 for the assessment year 1986-87. once the commissioner was able to establish loss of revenue, the fact that the assessee or the income tax officer did .....

Kuver Bank Ltd. (In Liquidation) Vs. State of West Bengal

Court : Kolkata

Reported in : AIR1960Cal81,63CWN21

..... 1940 rang 153 at p. 154, ramaswamy chettyar v. kuttain chetiyar. in that case the scope of the charging order is indicated and reference is also made to section 48 of the partnership act which in subsection (b) gives an indication as to the order in which the debts of the partnership firm have to be paid out to different claimants. it ..... of the government of west bengal, retain in the first instance the sum of rs. 12,067/5/- in their hands until further order of this court and the secretary, finance department, would after making certain other payments within certain date make over the balance then remaining due, namely, rs. 24,576/3/9 to the court liquidator as the ..... interim attachment before judgment made by this court in favour of the patuakhali bank in respect of a sum of rs. 26,000/- which was lying with the controller of finance, civil supplies department and which was payable to k. l. khabir and kazi giasuddin ahmed in their business of k. g. ahmed and co. it is alleged that the .....

Kapur Brothers Vs. Commercial Tax Officer and anr.

Court : Kolkata

Reported in : AIR1958Cal125,62CWN123,[1958]9STC121(Cal)

..... the application is made under article 226 of the constitution.2. the order of assessment is dated the 26th october 1956. the notice of demand under section 11(3) of the bengal finance sales tax act was given on the 3rd november 1956. at this stage the applicant made a petition dated the 29th november 1956, for a certified copy of the ..... of the act. they are a commissioner to be appointed by the state government and such other persons ..... sales tax rules for appeal is against the spirit of the act and as such it is ultra vires. it is not said that such rule is against the letter of the act.6. i am satisfied that this objection is without merit. section 3 of the bengal finance sales tax act defines the 'taxing authorities'who are to carry out the purposes .....

Commissioners for the Port of Calcutta and anr. Vs. Baleswar Singh

Court : Kolkata

Reported in : AIR1968Cal206,71CWN786,(1969)IILLJ640Cal

..... the secretary of state under the government of india act. on the 29th november, 1921 the chairman of the finance and establishment committee gave a note stating that the government of india had issued a complete set of fundamental rules under section 96b of the government of india act, and proceeded to state as follows:'these fundamental ..... have done was to follow the supplementary rules made by the governor genera] in council under the fundamental rules. it was recommended therefore, that under section 31 of the said act, the commissioners should adopt the supplementary rules of the government of india and not the government of bengal subsidiary rules. by resolution no. 429, ..... a civil servant under the government. he is an employee of a statutory authority, namely the commissioners for the port of calcutta, created under section 4 of the said act. this statutory authority has got the right given to it of employing people for carrying out their work and of dismissing them or suspending them .....

Tolaram Jalan Vs. Commissioner of Wealth-tax

Court : Kolkata

Reported in : [1988]169ITR239(Cal)

..... this court:' whether, on the facts and in the circumstances of the case and on a proper interpretation of section 5(1)(viii) of the wealth-tax act, 1957, its retrospective amendment by the finance (no. 2) act, 1971, and section 35 of the said act, the tribunal was correct in holding that the rectification orders passed by the wealth-tax officer were justified and were ..... 4, 1971, and the appeal before the tribunal was decided on march 22, 1973.3. in the meantime, section 5(1)(viii) was amended by the finance (no. 2) act, 1971. by the said amendment, jewellery was excluded from the items exempted under the said section with retrospective effect from april 1, 1963. an explanation defining the expression ' jewellery ' was inserted in the said .....