Court : Kolkata
Reported in : [2005]128CompCas618(Cal),(2005)197CTR(Cal)633,2006[4]STR3
..... a 'company'. therefore, according to dr. pal, the firm since not been defined in finance act, 1994, or in the central excise and salt act, 1944, the definition of the word 'firm' as defined in section 4 of the indian partnership act, 1932, is to be adopted, namely, a firm is a compendious method of describing ..... to the clear legislative provision defining 'consulting engineer', under section 65(13) and as such the said circulars are ultra vires the provisions of the finance act, 1994, and without authority of law. the said circular having been issued by the executive, amounts to subordinate legislation. if a subordinate legislation crosses ..... appellants :2. dr. pal pointed out from the definitions defined in section 65 that, while defining various categories of assessees liable to pay service tax under the finance act, 1994, chapter v, the legislature has employed the expression 'person', 'concern' or 'commercial concern' except in section 65(13) while defining 'consulting engineer'. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2005)92ITD557Cal
..... to the provisions of sub-section (7) of section 80ia. in support of his contention, the ld. counsel for the assessee has placed reliance on the following decisions :- ii)cit, central, madras -v.- canara workshop pvt. ltd.(161 itr 320) (sc), iii)cit(wb) -v.- o. belliss and morecom (i) ltd. (136 itr 481)(cal.); 7. we have ..... shows that section 80-ia(7) enacts provisions of overriding nature. section 80-ia(7) is a part of section 80ia, which was newly inserted in the income tax act by the finance (no. 2) act, 1991 w.e.f. 1.4.1991. it starts with the words "notwithstanding anything contained in any other provisions of this ..... for computation of the profits and gains derived from eligible industrial undertaking "under section 80ia. according to section 80ia(7), notwithstanding anything contained in any other provision of the act, the profits and gains of an eligible business to which the provisions of sub-section (1) of section 80ia apply shall, for the purpose of determining the quantum of .....
Tag this Judgment!Court : Kolkata
Reported in : (2004)187CTR(Cal)113
..... retrospectively from the 1st day of april, 1992.' 6. whether the amendment is clarificatory in nature, whether the intent of the legislature expressed in the statute before the finance act, 1999, is in consonance with the clarification, is required to be gone into. therefore, we propose to examine the scope and ambit of the statute and the legislative ..... and ors. : [1999]236itr492(cal) is in any way affected or altered? (iii) whether the retrospective operation of sub-section (4b) of section 80hhc introduced by the finance act of 1999 with retrospective effect from 1st april, 1992, is violative of article 14 and article 19(1)(g) of the constitution and is, therefore, ultra vires?5. we ..... 600, dt. 23rd may, 1991, issued by the central board of direct taxes (cbdt) so far as it was inconsistent with and repugnant to rule 8 of the it rules, 1962 (rules) r/w section 2(1a) of the it act, 1961 (act) in relation to deduction under section 80hhc of the act. by a judgment and order dt. 24th sept., 1998 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)89ITD172(Kol.)
..... granted is rendered incorrect on the happening of the crucial event after the coming into force of the sub-section, and by the express terms of s. 28 of the finance act, 1956, the sub-section comes into force on april 1, 1956. we are unable, therefore, to agree with the learned counsel for the respondent that the language ..... is the date of issue of the government order. but it certainly looks backward and takes into consideration the past event that is the period of service under the central government for purposes of computing qualifying service because such additional service can only be the service rendered prior to the date of issue of the government order. by doing ..... be avoided. this aspect of the matter has also been clarified in para 30.4 of the departmental circular no. 717 dated 14^th august 1995 issued by the central board of direct taxes (reproduced in paragraph 21 below) which provides: "these amendments will take effect from 1^st april 1996 and will, accordingly, apply to the .....
Tag this Judgment!Court : Kolkata
Reported in : 2004(1)CHN448,2004(28)PTC474(Cal),[2003]47SCL445(Cal)
..... akashdeep sabir, who is described by all concerned as 'the creative director and producer'. it is, however, to be mentioned that there is no evidence of sabir having financed the project to any extent though that is the usual role ordinarily played by producers. his wife sheeba is associated with the producer to whom sahara has assigned responsibilities. ..... which were produced by the authoress' husband namely the 2nd appellant.3. the complaint is against a serial called 'karishma - the miracle of destiny' which has been financed and is quite ready to be produced and televised by the 1st respondent who are a public limited company. they bear the sahara name, and under that name ..... went on to explain certain principles which have to be borne in mind in copyright actions. the central problem in copyright cases is to determine whether one is a copy of the other or not.65. neither the act of 1911, nor the act, 1957 defines, whether inclusively or otherwise, what a copy is. thus, what the right of .....
Tag this Judgment!Court : Kolkata
Reported in : (2003)4CompLJ333(Cal)
..... chairman -- to fix the reserve price of jessop [shares ?]. the other members of the committee are the representatives from the ministry of disinvestment, ministry of finance, department of public enterprises, department of heavy industries, bbuni and jessop and co.(xiii) after taking into consideration the assets, the liabilities of the company ..... ministerial group (img) on 23.03.2000. the img is headed by secretary (disinvestment) and is comprised of representatives from the ministry of disinvestment, ministry of finance, department of heavy industry, department of public enterprises, department of legal affairs, department of company affairs, bharat bhari udyog nigam limited, jessop & co. ltd ..... 19. he has also invited our attention to the definition given in clause 2 (20) of the railways act, 1989, which reads as under :'2(20). 'government railway' means a railway owned by the central government.'20. he has also invited our attention to the definitions given in clause 2(31) of the railways .....
Tag this Judgment!Court : Kolkata
Reported in : [2004(101)FLR888],(2004)ILLJ890Cal
..... in merit. according to me, regional provident fund commissioner has no jurisdiction for recommendation which is to be done by the central provident fund commissioner alone. the basic requirement of the regional provident fund commissioner in such case is to do the administrative work ..... for by him. on receipt of such an application, the regional provident fund commissioner shall scrutinize it, obtain the recommendations of the central provident fund commissioner and submit the same to the appropriate government for decision. pending disposal of application for exemption under this paragraph, employers ..... documents by the regional commissioner but the recommendation part will be left for the central provident fund commissioner being an ex officio member of the central board under section 5-a of the act. if he recommends it will be much more easier for the appropriate government to ..... amitava lala, j.1. sbi home finance limited, petitioner no. 1 company is promoted by the state bank of india. by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)267ITR1(Kol.)
..... the aforesaid sections. according to the counsel, an aop is normally subjected to tax at the rates which are applicable to an individual, huf as specified in the finance act for the relevant assessment year. however, section 167b is a departure from such normal position under section 167b(1), where the individual shares of the members of an ..... order to appreciate the issue involved in this appeal, it would be necessary to consider the scheme of the act for taxation. section 4 of the it act, 1961 is the charging section. it reads as under : "4 (1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at ..... that rate or those rates shall be charged for that year in accordance with, and subject to the provisions (including provisions for the levy of additional income-tax) of this act in respect of the total .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)89ITD44(Kol.)
..... inserting the new section retrospectively was to set the existing controversy on this issue at rest and not to unsettle the cases by raising the issue afresh. 23.2 through finance act, 2002, a proviso to section 14a has been inserted so as to clarify that the assessing officer shall not reassess the cases under section 147 of pass an order ..... payable by such company. (3) the principal officer of the domestic company and the company shall be liable to pay the tax on distributed profits to the credit of the central government within fourteen days from the date of - (4) the tax on distributed profits so paid by the company shall be treated as the final payment of tax in ..... incurred by the assessee in relation to income which does not form part of the total income under the income-tax act. 25.3 vide circular no. 11/2001 dated 23rd july, 2001, a direction was issued by the central board of direct taxes that the assessments where the proceedings have become final before the first day of april, 2001 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2004)88ITD1(Kol.)
..... of the aforesaid sections.according to the counsel, an aop is normally subjected to tax at the rates which are applicable to an individual, huf as specified in the finance act for the relevant assessment year. however, section 167b is a departure from such normal position. under section 167b(1), where the individual shares of the members of an ..... to appreciate the issue involved in this appeal, it would be necessary to consider the scheme of the act for taxation. section 4 of the income-tax act, 1961 is the charging section. it reads as under :- 4(1) where any central act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax ..... at that rate or those rales shall be charged for that year in accordance with, and subject to the provisions (including provisions for the levy of additional income-tax) of this act in respect of the total .....
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