Court : Kolkata
Reported in : (1995)124CTR(Cal)201,[1995]211ITR79(Cal)
..... of fair play in action. in our view, therefore, the requirement of an opportunity to show cause being given before an order for purchase by the central government is made by an appropriate authority under section 269ud must be read into the provisions of chapter xx-c. there is nothing in the language of ..... as annexure 'e' and they were responsible not only for the purpose of policy-making but also for discharging day-to-day duties and responsibilities which include finance, accounts, income-tax, etc., and subsequently they all are conjointly responsible for the conduct of the business of the company and thus they all are liable for ..... application was modified by giving liberty to the respondent authorities to commence and conclude the assessment proceedings after taking into consideration the provisions of section 43b of the act and to pass a final order. the respondent authorities were, however, restrained from giving effect to or enforcing or communicating the said order to the petitioner .....
Tag this Judgment!Court : Kolkata
Reported in : [1995]213ITR236(Cal)
..... the cost of acquiring and installing the plant and equipment under relevant statutory provisions relating to income and corporation tax allowances.the primary sections are in the finance act 1971. section 44, which in concerned with writing down allowances provides :'(1) subject to the provisions of this chapter where - (a) a person ..... even at that date still subject to negotiation, but the contract between the council and its contractors for the supply and installation of the equipment - central heating systems in 3,000 council dwellings - had been entered into many months before. the obvious inference is that the council entered into the contract ..... in council cart parks, boilers installed in council officer, cremators installed in a council crematorium, plant and equipment installed in a council swimming pool and central heating installed in council flats or council houses and entry phone or alarm system installed in blocks of council flats. the only difference between these various .....
Tag this Judgment!Court : Kolkata
Reported in : (1995)127CTR(Cal)116,[1995]213ITR470(Cal)
..... for purchasing immovable property by the central government in certain cases of transfer, under chapter xx-c of the act, has been introduced by the finance act, with effect from october 1, 1986. by this chapter xx-c of the act, a scheme has been introduced which empowers the central government to purchase immovable properties which are ..... for giving effective opportunity to the affected persons of being heard by the appropriate authority. the fourth proviso has been inserted by the amendment of the finance act, 1993, which provides that the period of limitation referred to in the second proviso shall be reckoned, where any stay has been granted by any ..... central government, proposed to be transferred, to counteract evasion of taxes and a new chapter being chapter xx-a of the act was inserted for acquisition of immovable properties in certain cases of transfer for the said purpose. section 269rr under chapter xx-a of the act was inserted with effect from october 1, 1986, by the finance act .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1995Cal246
..... and subject to such conditions, restrictions and limitations as may be specified therein or otherwise, delegate all or any of its powers and functions under this act to a designated person.'the central government again by a notification bearing no. s.o. 882(e) dated 22nd september, 1988 in continuation of the notification bearing no. s.0. ..... his letter dated 13-5-93 addressed to the respondents contended -'in any case, we have time and again reiterated our commitment to you and theministry of finance, govt. of india about our firm intention of completing the partly built vessel. we are only waiting for our clearance and necessary documentation to be completed by ..... public interest the position is altered by a rule or legislation, no question of legitimate expectation would arise.' 43. in gaziabad development authority v. delhi auto and general finance pvt. ltd., reported in : [1994]3scr248 , the supreme court held:--'9. it is difficult to appreciate how the change of land use of the area in .....
Tag this Judgment!Court : Kolkata
Reported in : [1996]85CompCas808(Cal)
..... they are in a position to offer attractive and assured returns to the savers. this process gives rise to money and other financial assets which, therefore, have a central place in the development process. these assets provide the vital links between saving, investment and income. 4.2 as the financial system has an important role to perform ..... and they cannot cover non-refundable sums. reliance was placed in this regard on the decision of the supreme court in rohit pulp and paper mills ltd. v. collector of central excise, : 1990(47)elt491(sc) and director of public prosecutions v. jordan [1976] 3 all er 775.59. the learned advocate for the petitioner has sought to ..... are the reproduction of the definition of the prize chit in section 2(e) of the prize chits and money circulation schemes (banning) act, 1978. the supreme court in reserve bank of india v. peeress general finance and investment co. ltd. [1987] 61 comp cas 663 ; air 1987 sc 1023, has expressly held that the business of peerless .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1997Cal296,(1997)2CALLT187(HC)
..... private operators.55.1 in the instant case as pointed out hereinbefore reading of the aforesaid guideline will clearly indicate that the very intention of the central government and the oil companies is to give preference to unemployed graduates and engineering graduates over other applicants even in open category and to help persons ..... applicable for (open) category. out of total 100 marks, 30 marks is allotted for personality, business ability, salesmanship; 20 marks is for capacity to arrange finance and capability to provide facilities; 30 marks for full time working dealer and 20 marks for general assessment and extra-curricular activity. it is further stated in ..... by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. in oxford, it has been defined as criminal deception, use of false representations to gain unjust advantage; dishonest artifice or .....
Tag this Judgment!Court : Kolkata
Reported in : 1998(59)ECC92
..... and anr. v. union of india and ors. : 1987(32)elt234(sc) where rules 9 and 49, of the central excise rules, 1944, after they were amended with retrospective effect by section 51 of the finance act 1982 came up for interpretation. it was held that in view of the deeming provisions under explanation to rules 9 and 49 ..... charge, dated 1st march, 1973, where chittatosh mukherjee, j. has considered twine thread purchased by the petitioner therein as yarn within the meaning of the bengal finance (sales tax) act. in the present case also, if we consider the characteristics of yarn as laid down in the above case by the supreme court, twine satisfies both the ..... hessian (which the petitioners manufacture) as referred to in the schedule appended thereto. sub-section (4) of section 3 of the said act reads as follows:--the provisions of the central excises and salt act, 1944, and the rules made thereunder, including those relating to refunds and exemptions from duty, shall, so far as may be, apply .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)2CALLT215(HC)
..... society, then the west bengal legislature could not enact the said provisions in the said legislation of 1957 ignoring the constitution of india. the central legislature also was required to revise the cotract act and other similar laws, if any, purporting to sanction, authorise or to give premium to a legislation like the one in section 30 ..... upon the following decisions:(1) state of bombay v. r.m.d. chatnbarbatiwala and another reported in : [1957]1scr874 ;(2) reserve bank of india v. peerless general finance and investment co. ltd. and othersandunion of india v. peerless and ors.andpeerless ltd. v. reserve bank of indiaandstate of west bengal v. peerless ltd. reported in air ..... small sums.2. it was impossible to stop betting unless horse racing were stopped, which was not considered desirable.3. as a result of the betting houses act (the act of 1953) betting had been thrown out into the streets where it was greatly on the increase. public house betting was not prevalent, the risk of the .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)63TTJ(Cal)302
..... jute trading co. itd. vs . cit : [1968]70itr407(cal) ;(c) roshan di hatti vs . cit : [1977]107itr938(sc) ;(d) chuharmal vs . cit : [1988]172itr250(sc) '.(e) cit vs . precision finance (p) itd. : [1994]208itr465(cal) (cal) -(f) sumati dayal vs . cit : [1995]214itr801(sc) .'(g) kale khan md. hanif vs, cit : [1963]50itr1(sc) ;(h) asstt. cit vs . ..... companies which, in turn, is from 15 companies and again, in turn, from kherrika & co. according to the learned counsel, the decision in the case of cit vs. sophia finance itd. (1993) 113 ctr (delhi) 472 : (1973) 205 itr 98 applies to the facts and circumstances of the case and hence, the addition should not have been made by ..... orderby the bench:this is an appeal arising out of the block assessment order passed by the asstt. cit, central circle-vii, ca/cutta under s. 158bc of the it act, 1961.2. two additions are in dispute before us. first issue pertains to the addition of rs. 3 crores towards undisclosed income of the block period referable to the .....
Tag this Judgment!Court : Kolkata
Reported in : (1998)3CALLT348(HC)
..... requisite notice must not be less than three months.'121. the apex court in that case, however, was considering the provisions of section 6(2} of bengal finance (sales tax) act, 194j and the notification issued thereunder, and as such the said construction was made in favour of the assessee and against the revenue. however, it may be ..... argued. see m/s. goodyear india ltd. v. state of haryana and anr. reported in : [1991]188itr402(sc) and mittal engineering works (p) ltd. v. collector of central excise, meerut reported in : 1996(88)elt622(sc) .137. the ratio of privy .council is binding on a high court as a precedent. in terms of article 372 of ..... court. review is of two types: (a) procedural and (b) substantive. every court or tribunal has an inherent right of procedural review. see grindlays bank ltd. v. central gout, industrial tribunal reported in : (1981)illj327sc .54. but in absence of any express power conferred by a statute a court or a tribunal cannot exercise its jurisdiction of .....
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