Judgment Search Results Home > Cases Phrase: finance act 2007 section 48 amendment of section 153 Court: orissa Page 4 of about 231 results (0.070 seconds)

Crown Re-rollers Pvt. Ltd. Vs. the Orissa State Financial Corporation ...

Court : Orissa

Reported in : AIR2005Ori92

..... that law is well settled that the financial corporation being a statutory and public authority must act fairly and reasonably while taking over an industrial concern financed by it and selling the properties of such industrial concern under section 29 of the act. in support of this submission he relied oh the decisions of the supreme court in kasturi ..... excess of the amounts recovered towards the dues out of the sale of the properties of the petitioner and, if so, when. section 29(4) of the act and section 69(4) of the transfer of property act, 1882 on which great reliance has been placed by mr. mohanty, learned counsel for the petitioner, are quoted hereinbelow :-'29. ..... , mortgaged, hypothecated or assigned to it but any amount of interest so recovered will also be 'money received' by the financial corporation in terms of section 29(4) of the act and, accordingly, will have to be held in trust to be applied firstly in payment of costs, charges and expenses and, secondly, in the discharge .....

Chakradhar Patel Vs. Samasingha Service Co-operative Society Ltd. and ...

Court : Orissa

Reported in : AIR1982Ori38; 53(1982)CLT57; (1982)ILLJ381Ori

..... its registered office at samasingha within the district of sambalpur. petitioner was appointed as secretary of the said society and was an officer within the meaning of section 2 (g) of the act on 19-11-1978 the president of the society (opposite party no. 2) suspended the petitioner from service and directed him to hand over charge of his office to ..... . 1330) :--'..... the society does not have astatutory character like the oil and natural gas commission, or the life insurance corporation or industrial finance corporation. it is a society incorporated in accordance with the provisions of the societies registration act. the fact that the prime minister is the president or that the government appoints nominees to the governing body or that the government .....

Prajatantra Prachar Samity Vs. Commissioner of Income-tax

Court : Orissa

Reported in : (2004)186CTR(Ori)96; [2003]264ITR160(Orissa); 2003(I)OLR392

..... of the commissioner's order dated november 28, 1988. while considering the matter, the tribunal will also keep in view the provision of section 11(4a) of the act which came to be inserted by the finance act, 1983, with effect from april 1, 1984.12. in the result, we answer question no. (3) in favour of the ..... tribunal thereafter reheard the matter and allowed the appeal by order dated may 10, 1991. contending that the tribunal exceeded its jurisdiction while deciding the application under section 254(2) of the act, the revenue filed a writ petition bearing o. j. c. no. 2953 of 1991 in this court challenging the order dated december 13, 1990. ..... income-tax (appellate) tribunal, cuttack bench, cuttack, which by order dated january 19, 1990, dismissed the appeal. thereafter, the assessee made an application under section 254(2) of the act for rectification of the order dated january 19, 1990, and the tribunal by its order dated december 13, 1990, held that 'both legal principles and judicial .....

U.K. Mahapatra and Co. Represented by Its Partner Sri Sudhansu Ranjan ...

Court : Orissa

Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)

..... rajesh kumar case (supra) and reaffirmed in sahara india (firm) case (supra) has no application to the present case. by finance act, 2007 with effect from 01.06.2007 proviso has been inserted to section 142(2a) to the effect that the assessing officer shall not direct the assessee to get the accounts so audited unless the assessee ..... they are engaged in the practice of accountancy involving auditing, consultancy, financing and other services to their clients under the provisions of chartered accountants act, 1949 (hereinafter referred to as 'c.a. act, 1949'). on 28th may, 2008, opposite party no. 1 conducted survey under section 133a in the premises of the petitioner-firm. the survey party ..... of the same till date being made illegally without following the procedure as laid down in section 133a of the i.t. act, the petitioner is entitled to get back the impounded books of account/documents.in cit v. kamal & co. (2007) ctr (raj) 200, it was held that the materials collected during the course .....

Kailash Chandra Mahesh Kumar Vs. Commissioner of Income-tax

Court : Orissa

Reported in : [1976]104ITR64(Orissa)

..... case of commissioner of income-tax v. k.c. behera : [1976]103itr479(orissa) . before amendment was brought to the provision by the finance act of 1968, sub-clause (iii) of section 271(1)(c) of the act provided :'in the cases referred to in clause (c), in addition to any tax payable by him, a sum which shall not be less ..... of the tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income.'5. by the finance act of 1968, the upper limit of penalty has now been fixed at twice the amount of income in respect of which the particulars have been concealed or inaccurate particulars ..... us by learned standing counsel, was completed on december 8, 1967, and along with the assessment, the income-tax officer directed initiation of a proceeding under section 271(1)(c) of the act. the satisfaction of the income-tax officer for imposition of penalty was thus reached in december, 1967, and he reported the matter to the inspecting assistant .....

Digambar Bhuyan Vs. Nityananda Sahoo and ors.

Court : Orissa

Reported in : 38(1972)CLT992; [1974]94ITR459(Orissa)

..... the old section 138. sub-section (2) entrusts the central government with the power to direct by ..... additional exceptions mentioned therein. section 138 (1961 act) is of limited scope asit originally stood and is limited to disclosure of information in respect of the tax payable. the finance act, 1964 (act v of 1964), by chapter xiii omitted section 137 of th'e 1961 act and by section 33 substituted section 138 by a new section which contained two sub-sections. the first sub-section is practically the same as .....

Srei International Finance Ltd. Vs. State of Orissa and ors.

Court : Orissa

Reported in : (2008)106CALLT192(NULL)

..... in case of goods and there is no concept of bailment of immovable property. further case of the revenue is that, provisions of explanation (a) to section 2(g) of ost act will operate only, where the transfer of right to use took place inside orissa. hence, the said provision is not required to be declared ultra vires ..... their manufacture outside the state and the customer also placed an order for supply in anticipation of confirmation by the appellant. the manufacturer raised invoices against itc classic finance showing the customer as the consignee. the claim of itc was that since the goods moved outside the state as a result of lease agreement, the transaction ..... the case of first leasing company of india ltd. v. state of kerala (2007) 6 vst 805 and tried to distinguish the facts of itc classic finance case (supra) from the facts of the petitioner's case. according to him, in the classic finance case (supra), the lease agreement was for hiring of complete manufacturing machines like photo .....

M/S.Vishal Metalics. Vs. State of Orissa and ors.

Court : Orissa

..... and 'furnace oil', on the basis of the impugned notification issued under section 20(8), clause(m) of the orissa value added tax act, 2004 ( here-in- after referred to as "ovat act") on the ground that the ovat act does not vest in the finance department of the government of orissa with the necessary authority in law for ..... other words, learned counsel submitted that the notification issued by the finance department purportedly in exercise of its power under clause (m) of sub- section (8) of section 20 of the vat act is clearly beyond the authority and/or competence of the executive i.e. finance department. learned counsel further submitted that in the present case the ..... 96, cuttack, tuesday, january 27, 2009/ magha 7, 1930 finance department notification the 27th january 2009 s.r.o. no.34/2009-in exercise of the powers conferred by clause (m) of sub-section (8) of section 20 of the orissa value added tax act, 2004 (orissa act 4 of 2005), the state government, having been satisfied that it .....

Prakash Chandra Sahu and ors. Vs. Managing Director, O.R.T. Co. and or ...

Court : Orissa

Reported in : AIR1980Ori122

..... resources to provide an efficient, adequate, economical and properly co-ordinated transport service. (5) the operators have been denied the opportunity of hearing and section 68-d, sub-section (2) of the act has not been followed ana rules of natural justice have been infringed. (6) the transport minister has not considered the objections on merit, but ..... our opinion be futile for any objector to say that the central government, the state government or the authorities backed by it could not have equipment and finances to carry out the schemes. it seems to us that the very fact that a scheme is proposed suggests that the central government or a state government ..... directive or instructions from the governor of orissa in regard to the finance and conduct of business and affairs of the company is binding on the (company. thus, the o. r. t. company's fully controlled by orissa state government and, accordingly, comes within the purview of section 68-a (b) (iv) and constitutes a 'state transport .....

Larsen and Toubro Ltd. Vs. State of Orissa and ors.

Court : Orissa

Reported in : 85(1998)CLT671

..... submitted that in view of the aforementioned provisions of the i.p.r. and the notification of the finance department under section 7, there is no scope for the petitioner to pray for exemption under section 6 of the orissa sales tax act. the state government having made statutory provisions in consonance with the i.p.r. in respect of large ..... that there was a promise for tax exemption in respect of the finished goods.18. the notifications of the finance department as per s.r.o. no. 790 of 1990 made under section 7 of the orissa sales tax act provide for exemption of tax in lieu of deferment. the schedule provides for the period of exemption in lieu ..... .p.r. on september 15, 1993 the petitioner requested the sales tax officer, opposite party no. 3, to convert its provisional registration to permanent registration under section 9 of the orissa sales tax act w.e.f. september 10, 1993. the petitioner, however, received a copy of the letter from the general manager, d.i.c., opposite party no. .....