Judgment Search Results Home > Cases Phrase: finance act 2012 central chapter iii direct taxes Sorted by: old Court: kolkata Page 5 of about 232 results (0.121 seconds)

Commissioner of Income-tax Vs. Dunlop Rubber Co. (i) Ltd.

Court : Kolkata

Reported in : [1977]107ITR182(Cal)

..... . v. commercial tax officer : [1965]3scr626 . this is a sales tax matter and the supreme court considered section 5(2)(a)(ii) of the bengal finance (sales tax) act (6 of 1941) and bengal sales tax rules, 1941, rule 27a. the question before the supreme court was when a dealer is entitled to claim exemption from ..... 1966]60itr11(sc) :'the difficulty in apportionment cannot be a ground for rejecting the claim either of the revenue or of the assessee.'33. again, in madras co-operative central land mortgage bank ltd. v. commissioner of income-tax : [1968]67itr89(sc) the supreme court said :'a rule of apportionment consistent with commercial accounting must be evolved ..... duly furnished ;.........' 39. the section clearly provides that unless the particulars are duly furnished the assessee will not get the exemption. but section 84 of the act which we are considering is entirely different. in my view the principles laid down in that case cannot apply under the facts and in the circumstances of the .....

Shethia Mining and Manufacturing Corporation Ltd. Vs. Commercial Tax O ...

Court : Kolkata

Reported in : [1977]39STC246(Cal)

..... in this application the petitioner is challenging an order of assessment dated 16th january, 1974, under section 9(2) of the central sales tax act, 1956, read with section 11(1) of the bengal finance (sales tax) act, 1941.2. the period relevant for the said assessment was 1st april, 1972, to 30th january, 1973.3. it ..... on 16th january, 1974. there was a fresh certificate of incorporation in favour of coal india limited on 21st october, 1975. section 17 of the bengal finance (sales tax) act, 1941, provides as follows :17. transfer of business. where the ownership of the business of a registered dealer is transferred absolutely by sale, gift, bequest ..... fresh assessment in accordance with law after giving the petitioner reasonable opportunity. if necessary, the respondent-authority will ensure compliance under section 21a of the bengal finance (sales tax) act, 1941, of such papers and documents that may be in the possession of the coal mines authority.15. with the aforesaid direction the rule is .....

Union of India (Uoi) and ors. Vs. Titaghur Paper Mills Co.

Court : Kolkata

Reported in : 81CWN226,[1978]112ITR100(Cal)

..... central excises and salt act, 1944, these different varieties of papers are not subjected to any uniform rate of excise duty. in entry 17 of the first schedule, though enumerated under a broad heading of 'paper' the different varieties are not only differently enumerated but are subjected to different rates of excise duty.3. the finance act ..... financial year in which such undertaking begins to manufacture or produce such goods; (b) 'duty of excise' means the duty of excise leviable under the central excises and salt act, 1944 (1 of 1944).' 4. the scheme referred to in the above provision known as the tax credit certificate (excise duty on excess clearance) scheme ..... construed to mean the individual varieties of papers separately enumerated and made liable to separate rates of excise duties under the first schedule to the central excises and salt act, 1944, it would not be possible to calculate the amount specified in section 280zd in any reasonable manner. under section 280zd the amount of .....

Commissioner of Income-tax (Central) Vs. B.P. (India) Ltd.

Court : Kolkata

Reported in : [1979]116ITR440(Cal)

..... supreme court, was that by the charging section, namely, section 3, income-tax was levied for a financial year at the rate prescribed by the annual finance act on the total income of the previous year. each previous year's income was the subject of separate assessment in the relevant assessment year. though the year ..... looked at in the light of the provisions of section 6 of the general clauses act. s. 6 of the general clauses act, 1897, provides as follows :'6. effect of repeal.--where this act, or any central act or regulation made after the commencement of this act, repeals any enactment hitherto made or hereafter to be made, then, unless a different ..... of section 137 being continued notwithstanding this omission. after the repeal of the indian i.t. act, 1922, and also section 33 of the i.t. act, 1961, by section 32 of the finance act, there was no provision in the act which provided security and protection of the documents filed or statements made during the assessment proceedings. in .....

Reliance Jute and Industries Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1981]127ITR842(Cal)

..... of appeal has been given.7. counsel for the assessee, however, drew our attention to sub-section (1a) of section 214 of the i.t. act which was inserted by section 16 of the finance act, 1968, and came into effect from april 1, 1968. though the assessment year involved is 1967-68, there is no dispute that sub-section (1a) ..... of section 214 would be applicable in this case. section 214 reads as follows :'214. (1) the central government shall pay simple interest at nine per cent ..... :'229. recovery of penalties, fine, interest and other sums.--any sum imposed by way of interest, fine, penalty, or any other sum payable under the provisions of this act, shall be recoverable in the manner provided in this chapter for the recovery of arrears of tax.'15. in view of this provision, if parliament wanted that sub-section ( .....

M.M. Thapar Vs. Commissioner of Income-tax

Court : Kolkata

Reported in : [1978]114ITR331(Cal)

..... . 2, we have to consider the scheme of the provisions relating to annuity deposits. the scheme was originally introduced by the finance act, 1964, which incorporated chapter xxii-a in the income-tax act, 1961. under that chapter, taxpayers of certain categories were required to make deposits known as annuity deposits for assessment years commencing ..... in the comparatively higher income groups are required to make out of their total income deposits at the specified rates on the adjusted total income with the central government. the amount so deposited is made returnable with interest in ten annual instalments. in computing the total income of the year in which it ..... to loans raised for payment of annuity deposit by the assessee and such interest should be allowed as an expenditure under section 57 of the income-tax act, 1961. the appellate assistant commissioner held that an annuity deposit did not possess the characteristics of income assessable under the head ' other sources' and, therefore .....

New Central Jute Mills Company Limited and ors. Vs. Inspector of Centr ...

Court : Kolkata

Reported in : 1979CENCUS359D,1984(15)ELT337(Cal)

..... revenue and insurance by notification no. 56/72-c.e., dated 17-3-72, had exempted jute, twine, yarn, thread, ropes and twine, all sorts falling under item 18d of the first schedule to the central excises and salt act, 1944 (1 of 1944), and consumed within the factory in ..... of the central excises and salt act and the central excise rules relating to levy and collection of excise duty including notifications for exemption from payment of excise duty would be attracted to levy and collection of cess under section 9(1) of the act 65 of 1951 read with the jute manufactures cess rules, 1976. the government of india, ministry of finance, department of .....

Amitava Bhattacharya and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

..... business.the management is by the government. the dissolution can be only by the government. (para 61). the industrial finance corporation is under the complete control and management of the central government. citizens cannot be share-holders. certain specified institutions like scheduled banks, insurance companies, investment trusts and co- ..... that the central government exercises control over the policy of the corporation, that the corporation carries on a business having great public importance and that it enjoys a monopoly in the business. i would draw the same conclusions from the relevant provisions of the industrial finance corporation act which have ..... . (paragraph 50)in respect of the industrial finance corporation, after referring to the various provisions of the same. his lordship held as follows:these provisions of industrial corporation act show that the corporation was in effect managed and controlled by the central government. (para 59.)accordingly his lordship held as .....

income-tax Officer, 'A' Ward and Ors. Vs. Ashoke Glass Works

Court : Kolkata

Reported in : [1980]125ITR491(Cal)

..... the jurisdiction of the itos in respect of areas or of persons or incomes or classes thereof.15. the relevant sections and their substituted provisions under the finance (no. 2) act of 1967, act 20 of 1967, with effect from april 1, 1967, are set out as follows :section 123 (unamended). '(1) inspecting assistant commissioners shall perform their ..... commissioners of income-tax who may be either aacs or lacs of income-tax, (e) income-tax officers, and (f) inspectors of income-tax. under section 117 the central govt. may appoint all authorities mentioned above in clauses (a) to (e) of class i. section 118 provides for control of income-tax authorities while section 119, sub- ..... mention 'cases' so that the jurisdiction in respect thereof has been still retained with the iac, range xx. section 123 was substituted by new provisions by the finance (no. 2) act, 1967, with effect from april 1,1967, whereby the words 'cases or classes of cases ' were imported in sub-section (1) of sections 123 and .....

Euresian Equipments and Chemicals Ltd. and ors. Vs. the Collector of C ...

Court : Kolkata

Reported in : AIR1980Cal188,1979(2)CHN248,1980(6)ELT38(Cal)

..... for which this particularlegislation has been enacted by the parliament.28. we have earlier set out the provisions of section 11 of the customs act which confers power on the central government to prohibit importation or exportation of goods for purposes mentioned therein. these purposes indeed cover very very wide fields. some of the ..... goods are permitted to be imported or exported have been complied with'. 'section 11. power to prohibit importation or exportation of goods: -- (1) if the central government is satisfied that it is necessary so to do for any of the purposes specified in sub-section (2), it may, by notification in the official gazette ..... . & others, calcutta, therefore, appear to have contravened the provision of section 12 (1) of the foreign exchange regulation act, 1947 as amended by the foreign exchange regulation amendment act, 1949 read with government of india, ministry of finance (e. a. d.) notification no. g. s. r. 2641 dated 14-11-1969. sri lakshmi prasad jajodia, .....