Judgment Search Results Home > Cases Phrase: finance act 2007 section 46 amendment of section 142 Court: kolkata Page 72 of about 741 results (0.134 seconds)

Dewrance Macneill and Co. Ltd. (In Liquidation) Vs. Padam Kumar Khaita ...

Court : Kolkata

Reported in : [2010]97SCL236(Cal)

..... taken out by the official liquidator of this court under section 543 of the companies act, 1956 ('the act') by the judge's summons dated 1-10-2004. he took out the application initiating misfeasance proceedings against all the seven respondents named in the judge's ..... the contention that at the present stage of the proceedings the first respondent's demurrer should not, or rather cannot, be examined on merits. mr. sen has relied on security & finance (p.) ltd.'s case (supra) and itc ltd. v. debts recovery appellate tribunals : [1998] 2 scc 70, in support of his contention that an application in the nature of one ..... jayanta kumar biswas, j.1. the first respondent in ca no. 604 of 2004 has taken out this application by the judge's summons dated 8-8-2007 for an order deleting his name from the array of respondents in ca no. 604 of 2004 and other consequential reliefs.2. ca no. 604 of 2004 is an application .....

…appellant Vs. Commissioner of Income Tax,

Court : Kolkata

..... relation to the past years but not in relation to the immediately previous years can be subjected to payment of tax ?. (b) the insertion of section 25b by way of amendment by finance act, 2000 can be of any help to the assessee on the facts and circumstances of this case. while we read the ratio in the decision of ..... for the year 2001-02. he has drawn attention of the court to clause 12 of the finance bill, 2000, notes on clauses and memorandum explaining the provisions of the said finance bill (2000) 242 itr (statutes) and also section 1(2) of the finance act, 2000. he contends with the support of the decision of this court in hope (india) limited ..... was no fulfilment of the criteria laid down under sections 147 and 148 of the act. learned counsel also contends that section 25b inserted aiming at to clarify the earlier provisions hence it has got retrospective effect. this position has been decided by the hon ble delhi high court dated 17th january, 2007 in case of b.m.gupta v. acit .....

Commissionerate Vs. Ankit Metal and Power Ltd. and Ors.

Court : Kolkata

..... are as under: 32-o. bar on subsequent application for settlement in certain cases.[(1)].[where, [***].].(i) an order of settlement passed under sub-section (7) of section 32f [, as it stood immediately before the commencement of section 122 of the finance act, 2007 (22 of 2007) or sub-section (5) of section 32f,].provides for the imposition of a penalty on the person who made the application under ..... below: 32-o .[where, [***].].(i) an order of settlement passed under sub-section (7) of section 32f [, as it stood immediately before the commencement of section 122 of the finance act, 2007 (22 of 2007) or sub-section (5) of section 32f,].provides for the imposition of a penalty on the person who made the application under section 32e for settlement, on the ground of concealment of particulars of his .....

Graphite India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)86ITD384(Kol.)

..... force' which, in turn, has been explained under section 2(37a)(iii) as mows : 'for the purposes of deduction of tax under section 195, the rate or rates of income-tax specified in this behalf in the finance act of the relevant year or the rate or rates of income-tax specified in an agreement entered ..... into by the central government under section 90, whichever is applicable by virtue of the provisions of section 90.' as we have earlier observed, provisions of the dtaa clearly override ..... of dy. cit v. itc ltd. (2002) 76 ttj (cal) 323 : (2002) 82 itd 239 (cal) wherein, inter alia, the following observations were made : "20. under section 195(1) of the act, any person making payment in the form of income to a non-resident is required to deduct tax at source, from the said income, at the 'rate in .....

Commissioner of Income-tax Vs. Anglo India Jute Mills Co. Ltd.

Court : Kolkata

Reported in : [1993]202ITR104(Cal)

..... to the claim of development rebate on ancillary equipment necessary for installation of generators. it is common ground that this ancillary equipment was not ordered before december 1, 1973. section 16 of the finance act, 1974, clearly provided that development rebate would not be admissible in the case of machinery or plant which is installed by the taxpayer, after may 31, 1974, unless ..... ajit k. sengupta, j.1. in this reference under section 256(1) of the income-tax act, 1961, for the assessment year 1975-76, the following questions of law have been referred for the opinion of this court :question referred at the instance of the revenue : 'whether, .....

J.M.D. Medicare Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Reported in : [1998]232ITR467(Cal)

..... exempted from income-tax in accordance with the provisions of sub-clause (iv)(c) of clause (15) of section 10 of the income-tax act, 1961, and claiming such exemption, the petitioner wrote to the government of india, ministry of finance, department of revenue, for approval. the petitioner thereafter was advised to file a formal application on the prescribed form ..... hospital, : [1997]225itr845(ker) would not also be applicable in the instant case as the kerala high court was considering whether any investment allowance under section 32a of the act can be claimed by a hospital diagnostic centre and, whether running of a hospital where x-ray machines and other equipment are used can be said to be ..... or treatment with a view to its development or preparation for the market, it would amount to processing of the commodity within the meaning of section 8(3)(b) of the said act and rule 13. in the said case, the goods which were processed for the very purpose of selling the same in the market as such .....

Merchant and Traders (Private) Ltd. Vs. State of West Bengal and anr.

Court : Kolkata

Reported in : [1963]14STC798(Cal)

..... commercial tax officer amended the certificate, by deleting the above entries, on the ground that the same had been made on a wrong notion of section 5(2)(a)(ii) of the bengal finance (sales tax) act and that the government had decided to grant the exception only to those goods which were actually used in the manufacture of goods for sale. the ..... place, that there was power in the commissioner, under section 7(4) of the bengal finance (sales tax) act (hereinafter referred to as the act) to amend a certificate of registration only in accordance with information furnished under section 16 of the act, or otherwise received. section 16, to which reference is made in section 7 (4) of the act, reads as follows :-if any dealer to whom the .....

Shree Bihr Jute Twine Mills Ltd. and anr. Vs. the Bihar State Financia ...

Court : Kolkata

Reported in : (1999)2CALLT527(HC)

..... facts forming part of the cause of action when relief claimed against the proposed action of respondent corporation in exercise of the power vested in it under section 29 of state finance corporation's act, 1951.i, therefore, have no hesitation in holding that the above writ petition is not maintainable in this court.in the result, the above ..... constitute part of the cause of action much less the place where the same is received when what is assailed is the proposed action under section 29 of the said act.21. consequential acts such as mere publication of the tender notice in a newspaper at calcutta or the prior intimation thereof by letter dated 20.12.86 or ..... of action.17. in state of rajasthan & ors. v. m/s. swaika properties & ann, reported in : [1985]3scr598 the service of notice under section 52 of the rajaslhan improvement act, 1959 at the registered office at calcutta, it was held, could not give rise to a cause of action within the territorial jurisdiction of the calcutta high court .....

Commissioner of Income-tax Vs. Hiralal Shankarlal

Court : Kolkata

Reported in : [1987]165ITR124(Cal)

..... observed by the full bench (at page 671) :'to conclude, it must be held that the patent intent of the legislature in amending section 271(1)(c) and in inserting the explanation thereto by the finance act of 1964 was to bring about a change in the existing law. consequently, the ratio of anwar ali's case : [1970]76itr696(sc ..... has concealed the particulars of his income or deliberately furnished inaccurate particulars of such income, he may direct that such person shall pay by way of penalty,--...' 8. the finance act of 1964 which came into effect from april 1, 1964, made two significant amendments in clause fc). it omitted the word 'deliberately' from that clause. it added an ..... ) , which had considered the earlier provision of section 28(1) of the 1922 act, is no longer attracted. the true legal import of the .....

Dhirendra Nath Bose Vs. Additional Member, Board of Revenue

Court : Kolkata

Reported in : [1971]28STC19(Cal)

..... aggrieved by any order of the board has a right to apply for review under section 6(2) of the board of revenue act, 1913.3. if any person is aggrieved by the order under section 20(3) of the bengal finance (sales tax) act, under section 21(1) of the act, he may apply to the board for reference to the high court. in that case ..... in this case is whether in disposing of the matter under section 21(1) of the bengal finance (sales tax) act, the member, board of revenue, is to hear the parties. we are, therefore, concerned whether under section 21(1) the board acts as a quasi-judicial body and must dispose of the application under section 21(1) after hearing the parties. there cannot be any ..... p.k. banerjee, j. 1. in this application the petitioner challenges the order made under section 21(1) of the bengal finance (sales tax) act, 1941, requiring the board of revenue to refer the question of law to the high court. the board of revenue refused to refer the same to the high court. it .....