Judgment Search Results Home > Cases Phrase: finance act 2007 section 48 amendment of section 153 Court: orissa Page 10 of about 231 results (0.069 seconds)

Commissioner of Income-tax Vs. S. Samantasinghar and anr.

Court : Orissa

Reported in : [1988]173ITR425(Orissa)

..... tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by him ..... financial year 1970-71 by way of consultation fees from the employees of the central government, the assessment for the period 1971-72 was reopened under section 147 read with section 148 of the act. on similar information that during the assessment year 1972-73, the assessee had received a sum of rs. 25,211 from the (central government) employees ..... time to time regarding the measure of penalty imposable in relation to the cases referred to in clause (c) which is dealt with in clause (iii) of sub-section (1) of section 271.7. clause (iii) dealing with the mode of calculation and imposition of penalty in the cases referred to in clause (c) originally stood as follows :' (iii .....

Srinivas Ramanuj Das Vs. the Commissioner of Income-tax

Court : Orissa

Reported in : AIR1966Ori135

..... this principle. in a. n. lakhman shenoy v. income-tax officer, ernakulam, air 1958 sc 795 where in determining the meaning of 'assessment' in section 13(1) of the finance act, 1950, the supreme court held that the collocation of the words 'levy, assessment and collection' indicates that what is meant is the entire process by which ..... was for the central govt. to determine if any difficulty of the nature indicated in section 12 of the finance act, 1950 has arisen and then to make such order ..... in giving effect to the provisions of the act? what is the effect of such decision once made the supreme court answered the questions thus : while dealing with the true scope and the effect of section 12 of the finance act xxv, 1950 (corresponding to section 298 of the income-tax act, 1961) the supreme court held that it .....

Commissioner of Gift-tax Vs. K.B.B. Subudhi

Court : Orissa

Reported in : 75(1993)CLT417; (1993)110CTR(Ori)50; [1993]201ITR741(Orissa)

..... ' relative' and 'dependent' are not defined and have to be understood in their ordinary meaning. it has to be noticed that, in sub-section (1) of section 5, clauses (iib), (iic) and (iid) were inserted by finance act, 1982, with effect from april 1, 1983. in explanation (c), ' relative' has been defined to have the same meaning as assigned to ..... it in clause (41) of section 2 of the income-tax act, 1961, for the purposes of clauses (iic) and (iid) only. they have no application per se to cases under section 5(1)(vii). ..... obligations cannot, therefore, be under any doubt. the provision made for the unmarried daughters towards their maintenance and marriage is not a gift within the meaning of section 2(xii) of the act. a view similar to ours has been taken in cgt v. budur thippaiah : [1976]103itr189(ap) .8. in view of the analysis made, the .....

Damodar Mishra Vs. the East Coast Rail

Court : Orissa

..... the unmanned level crossing at gate no.220 does no.appear per se to be illegal, arbitrary or illogical and more decisively against public interest. section 18of the railways act, 1989 is extracted hereunder for ready reference:18. fences, gates and bars the central government may, within such time as may be specified by ..... village kashipur on 9.1.2014 was proposed, the same was opposed by the general public for which the same could no.materialize. referring to section 18 of the railways act, 1989, it has been urged that in case railway administration apprehends accidents and untoward incidents for the unregulated use of the unmanned level crossing, ..... unmanned level crossing has the potential of exposing the -6- users to accidents and mishaps, it is its obligation under section18 of the railways act, 1989 (hereinafter called in short act ) to get it manned after erecting necessary fences/gates/ bars.without resorting to such measures, the contemplated steps to close/demolish the unmanned .....

Commissioner of Income-tax Vs. Utkal Flour Mills

Court : Orissa

Reported in : [1991]190ITR139(Orissa)

..... reference has been made to this court. 5. before the direct tax laws (amendment) act, 1987, with effect from april 1, 1989, section 139(4)(a) which was substituted by the finance act, 1968, with effect from april 1, 1968, and amended by the taxation laws (amendment) act, 1970, with effect from april i, 1971, stood as under :'4 (a) ..... any person who has not furnished a return within the time allowed to him under sub-section (1) or sub-section (2) may, before the assessment ..... year ?'2. there is no dispute in this case that loss determined in pursuance of a return filed in accordance with section 139(3) of the act can be carried forward. however, section 80 of the act provides that such loss cannot be carried forward in the circumstances indicated therein. it reads as follows :'80. submission of return .....

Nazir Mahammad Vs. Jamila Bibi and ors.

Court : Orissa

Reported in : [1972]85ITR342(Orissa)

..... effect from april 1, 1964. by the same act, section 138 was recast and ran to the following effect :'(1)(a) the board or ..... of any proceeding under this act or under any other law for the time being in force authorising any income-tax authority to exercise any powers thereunder . . . .' 6. there was a similar provision in section 54 of the indian income-tax act, 1922. but, as it appears, by the finance act of 1964 the provisions of section 137 have been omitted with ..... from the statute the ban cannot continue to exist in respect of a period subsequent to the deletion.10. the scope of the ban contemplated under section 138(2) of the act has now been limited only to the hanking companies and there is no scope for the contention that by virtue of such notifications there can be .....

Commissioner of Income-tax Vs. K.C. Behera and ors.

Court : Orissa

Reported in : [1976]103ITR479(Orissa)

..... if any, which would have been avoided if the income as returned by such person had been accepted as correct income.' 14. by section 40 of the finance act, 1964 (act no. 5 of 1964), section 271(1)(c) was amended with effect from april 1, 1964. in section 271(1)(c) the word 'deliberately ' was omitted.15. an explanation was added at the end of ..... section 271(1) which runs thus:'explanation.--where the total income returned by any person is less than eighty per cent. of the ..... november, 1964, computing the total income of the firm at rs. 4,75,368. on the same day the income-tax officer issued a notice under section 271 read with section 274 of the act calling upon the firm to show cause why an order imposing a penalty should not be passed on account of its failure to furnish the return in .....

Pravakar Baral Vs. Lakhimidhar Naik and ors.

Court : Orissa

Reported in : AIR1987Ori100

..... england an award is no more required to be stamped by virtue of section 35, schedule 8 of the finance act, 1949 which was passed after the 14th edition was published.' the attempt to support the order under sections 13(d) and 15 (b) and (c), arbitration act, was also negatived by the court with the following observations :'a bare ..... perusal of the provisions mentioned would show that the order made in this case cannot be based on any of them. section ..... the award a rule of the court and to pass a decree on the basis of the award. such a composite order comes within the purview of section 39(1)(vi), arbitration act, and hence it is appealable. this view gains support from the decisions of this court in the case of roshanlal thakur v. kishanlal kapoor, reported .....

Konark Television Ltd. Vs. Union of India (Uoi) and ors.

Court : Orissa

Reported in : 1992(38)ECC1

..... duty paid on specified 'inputs' used in or in relation to the manufacture of specified 'final products' which are liable to excise duty. section 37(2)(x via) of the act which was inserted by finance act of 1986 (act 23 of 1986) authorises the central government to make rules for allowing credit of duty paid or deemed to have been paid on the ..... rs. 2,68,771.70 (special duty) should not be recovered from the petitioner under rule 9(2) of the rules read with section 11-a of the central excises & salt act (hereinafter referred to as the 'act') and why penalty should not be imposed on the petitioner under rules 9(2) and 173q of the rules.annexure-1 is the circular ..... specify in this behalf for the purpose of allowing credit of any duty paid on the goods. 'excisable goods' has been defined in section 2(d) to mean, goods specified in the schedule to the central excise tariff act, 1985 as being subject to a duty of excise and includes salt. the expression 'final product' has not been defined in the .....

Union of India (Uoi) and ors. Vs. Sudhir Kumar Roy and ors.

Court : Orissa

Reported in : AIR1963Ori111; 29(1963)CLT179

..... of the opposite party dated 20-2-1961) was not addressed to him and hence he was not the 'public officer' referred to in section 124 of the evidence act. the claim of the finance secretary was rejected on the ground that the document in question (serial no. 12) did not deal with 'affairs of state' and that ..... described and hence, according to mr. d. mohanty only the secretary of the department concerned would be the 'head of department' here the finance secretary for the purpose of section 123 of the evidence act. similarly, in the rules of business made by the government of orissa under article 166 of the constitution, the various departments in the ..... that as the national saving commissioner (defendant no. 2) is admittedly not the secretary of the department concerned (which is the finance department in this case) his claim of privilege under section 123 of the evidence act must fail.12. the same reasoning would apply in respect of the claim of privilege made by the collector of cuttack. .....