Court : Punjab and Haryana
Reported in : (2007)147PLR707
..... given on loan basis to the petitioner company, which is to be paid by it in easy installments. the maruti udyog ltd. is merely playing a role of a financer whereas the payment has been made by the petitioner company to m/s beneform gmbh of germany. therefore, it cannot be said that the amount of rs. 1,34 ..... unit' means:(i) a new industrial unit or expansion or diversification of the existing unit, which-(i) has obtained certificate of registration under the act;(ii) is not a public sector undertaking where the central government held 51% or more shares;(iii) is not availing incentive of interest free loan from the industries department for investment after the 1st day ..... which were considered in its 84th meeting held on 9.6.2003. the case was again deferred for affording time to the petitioner to produce some more documents concerning finance of moulds by m/s maruti udyog limited, gurgaon. the decision of the committee was conveyed to the petitioner on 7.1.2004 and the minutes of 84th meeting .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2008)12VST149(P& H)
..... entry, irrespective of the purpose of entry and amounts to purchase tax. therefore, article 286(3) of the constitution and section 15 of the central sales tax act, 1956, are not attracted to this legislation. the point is answered against the petitioners.for the same reasons as aforesaid, it has to be ..... shall be a board consisting of a chairman and following ex officio members:(a) chief minister, haryana : chairman(b) chief secretary, haryana : ex officio member(c) finance secretary, haryana : ex officio member(d) financial commissioner and secretary to : ex officio member government, haryana, excise and taxation department(e) financial commissioner and secretary to ..... ; (ii) the determination of taxes, duties, tolls and fees which may be assigned to or appropriated by the panchayats. article 243w provides that the finance commission constituted under article 243i [part (ix)] shall also review the financial position of the municipalities and make recommendations to the governor as to--(a) .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)125; [2006]287ITR160(P& H)
..... june, 2002, it was not provided that in addition to tax on undisclosed income, surcharge should also be levied. however, the proviso to section 113 was inserted by the finance act, 2002 w.e.f. 1st june, 2002 as per which levy of surcharge on the undisclosed income was specifically provided w.e.f. 1st june, 2002. however, such ..... to tax at the rate of sixty per cent:provided that the tax chargeable under this section shall be increased by a surcharge, if any, levied by any central act and applicable in the assessment year relevant to the previous year in which the search is initiated under section 132 or the requisition is made under section 132a. relevant ..... to insert a proviso in the said section to provide that the tax chargeable under that section shall be increased by a surcharge, if any, levied by any central act and applicable in the assessment year relevant to the previous year in which the search was initiated under section 132 or requisition was made under section 132a.this amendment .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)203CTR(P& H)117
..... paid-up capital of not less than five hundred thousand rupees;(c) omitted by the finance act, 1973, w.e.f. 1st april, 1974;(d) the hotel is for the time being approved for the purposes of this sub-section by the central government;(e) the business of the hotel starts functioning on or after the 1st day ..... such plant or plants, at any time within the period of thirty three years next following the 1st day of april, 1948, or such further period as the central government may, by notification in the official gazette, specify with reference to any particular industrial undertaking;(iv) in a case where the industrial undertaking manufacturers or produces articles ..... the returns. however, a somewhat similar issue came up for consideration before the full bench of this court where similar provision of section 32ab(5) of the act was under consideration which is reproduced hereunder:32ab(6) the deduction under sub-section (1) shall not be admissible unless the accounts of the business or profession .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... very limited filed, in that it only applies to particular sets of individuals, a particular set of juristic persons like companies, corporations or the central government. the rent act, on the other hand, is of much wider application inasmuch as it applies to all private premises which do not fall within the limited ..... election commission and election tribunals for the adjudication of election related disputes of panchayats as well as municipalities. on the other hand, the panchayati raj act and the municipal act are the special legislations operating in their respective fields in relation to the establishment of the institutions of self-governance in 'rural' as well ..... a panch shall be deemed to have ceased to hold the office in certain eventualities. chapter iii of the act provides 'functions, powers and duties of gram panehayats'. chapter v enlists properties, funds, finance and accounts of the gram panchayat. chapters vi to viii pertain to panchayat samitis and zila parishads, to which .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2005]276ITR399(P& H)
..... all its forms, i.e., subjected to any process or not as long as it retained the characteristics of the minerals--doubtless, the customs tariff act and the central excise tariff act both draw a distinction between minerals and processed minerals--for example in chapter 27 of the customs tariff, a distinction has been drawn between mineral fuels, ..... applying the ratio of the aforementioned judgment to the facts of this case, we hold that the benefit of the amendment made in section 80hhc by the finance (no. 2) act of 1991, could not have been extended to the assessee in relation to the assessment year 1984-85.4. as regards question no. 2, it is ..... supreme court in gem granites v. cit : [2004]271itr322(sc) . in that case, their lordships interpreted section 80hhc (unamended) along with the amendment made by the finance (no. 2) act of 1991, and held as under :'the 'minerals and ores' are expressly excluded under sub-section (2)(b) thereof which exception covered granite whether raw or polished-- .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005ACJ1178; (2005)139PLR230
..... the said case was as to whether the difference of ten per cent between an industrial company and other companies in the levy of income tax, provided in the finance act, 1966 is to be construed a 'rebate' or 'relief in the payment of any direct tax, for the development of an industrial for the purposes of section ..... an obligation on a driver to hold an effective driving license for the type of vehicle which he intends to drive. section 10 of the act enables central government to prescribe forms of driving licences for various categories of vehicles mentioned in sub-section (2) of said section. the various types of vehicles ..... carriage, (d) light motor vehicle, (e) transport vehicle, (f) road roller and (g) motor vehicle of other specified description. the definition clause in section 2 of the act defines various categories of vehicles which are covered in broad types mentioned in sub-section (2) of section 10. they are 'goods carriage', 'heavy goods vehicle', 'heavy passenger motor .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)199CTR(P& H)466; [2005]278ITR470(P& H)
..... for the assessment year 1979-80, the division bench held in favour of the assessee, on the basis of the retrospective amendment to section 28 of the act by the finance act, 1990, making such receipts taxable as business profits. on appeal to the supreme court :held, reversing the decision of the high court, that the ..... said to be the industrial undertaking of the assessee. the source of the import entitlements could only be said to be the export promotion scheme of the central government whereunder the export entitlements became available. there must be, for the application of the words 'derived from', a direct nexus between the profits and gains ..... sc) . in that case--the assessee was engaged in processing prawns and other sea food, which it exported. it also earned some import entitlements granted by the central government under an export promotion scheme. the assessee was entitled to use the import entitlements itself or sell the same to others. it sold the import entitlements that .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : 2005(2)ESC1310; 2005(3)SLJ354(P& H)
..... was given regarding the amendment of punjab police service rules, 1959 and the creation of the additional posts. however, it was felt that since the finance department and personnel department have not expressed their views regarding these amendments and legal remembrancer has also not vetted the draft, therefore, a committee of officers ..... one shri h.s. chaudhary, advocate, filed a criminal miscellaneous application before the special court, delhi with a prayer that the application moved by the central bureau of investigation in bofors case for issuance of a letter rogatory to switzerland be declined unless the allegation against named persons are established to the ..... in furtherance of the political responsibility cast upon it. the theory of collective responsibility makes each minister victoriously responsible to the legislative assembly for the acts of other members of the council as well. true it is that the chief minister heads them and presides over the council of ministers, neither .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)198CTR(P& H)407; [2005]272ITR54(P& H)
..... aggregate average advances made by the rural branches computed in the prescribed manner whichever was higher. however, an amendment to section 36(1) of the act was introduced in parliament by the finance bill, 1985, whereby deduction was enhanced to 10 per cent, of the profit or 2 per cent, of the aggregate average advances made by the ..... year 1985-86, reads as under :'in respect of any provision for bad and doubtful debts made by a scheduled bank [not being a bank approved by the central government for the purposes of clause (viiia) or a bank incorporated by or under the laws of a country outside india] or a non-scheduled bank, an amount ..... shows that making of provision equal to the amount claimed as deduction in the account books is necessary for claiming deduction under section 36(1)(viia) of the act. the tribunal has distinguished various authorities relied upon by the assessee wherein deductions had been allowed under various provisions which also required creation of reserve after the .....
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