Court : Kolkata
Reported in : 2000(70)ECC163,2000(120)ELT322(Cal)
..... import cence or in accor- licence (sil) dance with a. pub- lic notice issued in this behalf-----------------------------------------------------------------------7. section 11 of the customs act, 1962 empowers the central government to prohibit importation and exportation of goods.8. section 111 which deals with the power of the commissioner to confiscate the goods inter alia provided ..... notified that the import of gold and silver shall be permitted to the nominated and authorised agencies by the reserve bank of india (rbi)/ministry of finance. it is further notified that payment of customs duty for import of gold and silver by such agencies without surrender of special import licence (sil) and ..... vide which import of gold and silver was allowed without licence by reserve bank of india or any other agency to be designated by the ministry of finance (deptt. of economic affairs). in exercise of the powers conferred under paragraph 4.11 of the export and import policy 1997-2002 read with col. .....
Tag this Judgment!Court : Kolkata
Reported in : [1999]236ITR671(Cal)
..... cheek it unless there is an opportunity to the other side to correct or controvert it.'reference in this connection may also be made to harbarrs lal v. collector. of central excise, : 1993ecr219(sc) .this aspect of the matter has also been considered by this court in sri banuman steel rolling mill v. cesc ltd., : air1996cal449 and ..... records and give an inspection thereof to the petitioner. the proposal appears to have been made in the note-sheet which is in the following term :'peerless general finance and investment co. ltd,, c.c.i.ta1/hq/ asst-192/special audit 142(2a) of 1997-98.proposal for special audit under section 142(2a) in ..... superintendent, preventive service customs v. charan das malhotra, : 1973ecr1(sc) , the apex court while considering the provision of sub-section'(2) of section 110 of the customs act, observed (page 692) :'there can be no doubt that the proviso to the second sub-section of section 110 contemplates some sort of4nquiry. the collector, obviously, is expected .....
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 .....
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)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 : 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 : 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 : [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 : 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 : (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 .....
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