Court : Allahabad
Reported in : (2008)11VST219(All)
..... the relevant portion is quoted below:the words 'waste products' are not defined in the act and, therefore, we have to take recourse to the dictionary meaning. ..... the state government in exercise of power under section 4a of the act issued the notification granting exemption in respect of 'any goods' manufactured in an industrial unit, which is a new unit as defined in the said act on the certain terms and conditions. ..... trade tax act, 1948 and its sales were exempt from payment of sales tax in the relevant assessment year 1988-89 (u.p.). ..... what is 'waste product' is not defined in the act. ..... , for the period october 1, 1982 to march 31, 1990 there was no requirement to specify the goods to be manufactured by the manufacturer for the grant of eligibility certificate in the application under section 4a of the act. ..... is about the levy of tax on the sale of iron scrap, tin scrap and copper scrap, when the turnover of the manufactured electric stamping and ceiling fans have been granted exemption under section 4a of the act.3. ..... he was of the opinion that on the sale of such items the dealer-opposite party, holder of eligibility certificate, is not entitled to exemption under section 4a of the act.2. .....
Tag this Judgment!Court : DRAT Allahabad
Reported in : I(2006)BC182
..... d-1 to the effect that in the said circular nowhere there is any mention that the same had been issued either under section 21 or under section 35 of the banking regulation act and as such those circulars can at best be construed as guidelines given on the administrative capacity to the banks and cannot have any binding effect on the bank to promulgate the same ..... after the applications were registered and notices being issued to the respondent-defendants, they appeared in all the cases by filing petitions under section 22 of the drt act read with rule 18 of the drt procedure rules and also on principle of natural justice with guidelines given by the reserve bank of india on 27.7.2000 for one time settlement in ..... dated 27.7.2000 has no statutory effects and the same had never been issued under sections 21, 35 of the banking regulations act and hence the tribunal committed error in passing the impugned judgment on the basis of the rbi guidelines taking the same ..... as discretionary one on the part of the appellant bank and when the said guidelines are only circulars issued as guidelines to the banks under rbi, the same cannot be acted upon by the courts or tribunal for the purpose of passing a decree on the basis of such guidelines taking away the rights of the appellant bank. ..... those judgments referred are bad, as they do not rely on the judgment of the apex court, which was published long back in the year 1992, as in peerless general finance & investment co.limited and anr. v. ..... finance .....
Tag this Judgment!Court : Allahabad
Reported in : [1991]188ITR618(All)
..... remittance outside india as profits or for the creation of any asset outside india : provided that this clause shall not apply where the assessee is a company, being a licensee within the meaning of the electricity (supply) act, 1948 (54 of 1948), or where the ship has been acquired or the machinery or plant has been installed before the first day of january, 1958 : provided further that where a ship has been acquired after the ..... another circumstance to be noticed is that the explanation to clause (a) was deleted by the finance act, 1990, with retrospective effect from april 1, 1962. ..... the words within brackets were substituted for the words 'the relevant previous year' by the finance act, 1990, with retrospective effect from april 1, 1962. ..... under section 256(2) of the income-tax act, 1961, the tribunal has stated the following question : 'whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in holding that the transfer of development rebate reserve to the capital account did not amount to distribution of profits within the meaning of section 34(3)(a) of the act ?' 2. ..... was of the opinion that such transfer amounts to violation of the condition prescribed in section 34(3)(a) and, accordingly, he rectified the assessment for the assessment year 1967-68 by passing an order under section 154 of the income-tax act. ..... he created a development rebate reserve as required by section 33 read with section 34(3)(a) of the act. .....
Tag this Judgment!Court : Allahabad
Reported in : [1996]217ITR414(All)
..... with the assessment years 1967-68 and 1968-69, this court held that the penalties under section 18(1)(a)(i) of the wealth-tax act were to be levied for the period of delay prior to april 1, 1969, in terms of the prescribed rates with reference to the unamended section 18 of the act as it stood prior to its amendment by the finance act, 1969, and for the period of delay subsequent to april 1, 1969, at the prescribed rates in terms of law under ..... the income-tax appellate tribunal (delhi bench 'b') has, under section 27(1) of the wealth-tax act, 1957, referred the following question stated to be of law and to arise out of its order dated may 10, 1979, passed in w. ..... 1991]192itr399(sc) , the question was about the levy of penalty under section 18(1)(a) of the wealth-tax act for the assessment year 1967-68 and following maya rani punj's case : [1986]157itr330(sc) , it was held that the amount of penalty has to be quantified up to march 31, 1969, on the basis of the unamended section 18 of the wealth-tax act and for the period thereafter, on the basis of the amended provisions. ..... to the computation of penalty under section 18(1)(a) of the wealth-tax act, 1957, for delay in the filing of the return of wealth. ..... 756/(delhi) of 1977-78 for the assessment year 1967-68 for the opinion of this court :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the penalty should be worked ..... was due on june 30, 1967, but was filed on february 18, 1977. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All167; [1970]78ITR759(All)
..... controller of estate duty : [1967]63itr497(sc) that the second proviso to section 10 added by the finance act of 1965 is effective from april 1, 1965 and has no retrospective operation. ..... ' by the finance act of 1965 a second proviso to section 10 was added and it runs as follows: 'provided further that a house or part thereof taken under any gift made to the spouse, son, daughter, brother orsister, shall not be deemed to pass ..... runs as follows: 'levy of estate duty:-- (1) in the case of every person dying after the commencement of this act, there shall, save as hereinafter expressly provided be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled or not settled, including agricultural land situate in the states specified in the first schedule to this act, which passes on the death of such person, a duty called 'estate duty' at the rates fixed in accordance ..... said that thedonee retained the bona fide possession and enjoyment of the gifted property to the entire exclusion of the donor and, therefore, the case fell within the mischief of section 10 of the estate duty act and the gifted property must be deemed to have passed on the death of the deceased under that section. 3. ..... accountable person submitted a return before the assistant controller of estate duty, lucknow, for the purpose of assessment of estate duty under the act the assistant controller completed the assessment determining the principal value of the dutiable estate at rs. .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(2)ALD(Cri)24; III(2005)BC464; 2005CriLJ3035
..... exceeds the amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provisions of this act, be punished with imprisonment for a term which may be extended to two years, or with fine which may extend to twice the amount of the cheque, or with both : provided that nothing contained in ..... and others, it was laid down by hon'ble the apex court that the notice was sent under section 138 of the act on 15.6.1998, the respondents intimated on 20.6.1998 that envelope was empty, cheque was again dishonoured on 21.7.1998, the notice was again sent, which was received by the accused on 27.7.1998, ..... applicant kushal pal singh, managing director, inland development finance limited, rajghat road, aligarh, under section 138 of the act containing the fact that kushal pal singh had got ..... of return of the cheque as unpaid was served on the drawer on 29.9.1995 the 15 days period for making of the payment drawer under proviso (c) to section 138 of the act expired on 14.10.1995, therefore, the cause of action to file a case arose on 15.10.1995. ..... 's limitation period under section 142(b) of the act for filing the complaint against the drawer was ..... it is laid down that according to section 138 of the act the cause of action has to arise from the date of service of notice on the drawer of the cheque, the interpretation cannot be fetched and shifted to the date of receipt of the notice .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(2)AWC1062; (2002)2UPLBEC1433
..... (a) 'appropriate government' means,-- (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonment act, 1924, the central government : (ii) in relation to a state government or any establishment wholly or substantially financed by that government, or any local authority, other than acantonment board, the state government ; (iii) in respect to central coordination committee and the central executive committee, the central government ; (tv) in respect of the ..... bharti sapru, learned counsel who appears for the respondents in response to the aforesaid submissions stated that section 33 of the act states that every appropriate government, shall appoint in every establishment such percentage of vacancies not less than 3% for persons with ..... the chief commissioner and the commissioner shall, for the purpose of discharging their functions under this act, have the same powers as are vested in a court under the code of civil procedure, 1908, while trying a suit, in respect of the following matters : (a) summoning and enforcing the attendance ofwitnesses ; (b) requiring ..... invited our attention to section 33 of 'the persons with disabilities (equal opportunities, protection of rightsand full participation) act, 1995' (hereinafter referred to as the disabilities act) which prescribes 3% reservation in favour of physically handicapped persons in every establishment under the government. .....
Tag this Judgment!Court : Allahabad
Reported in : [1968]68ITR798(All)
..... on april 28, 1964, the finance act of 1964 was enacted by parliament ..... section 30 of the finance act amended section 132. ..... it says that 'any search' made before the commencement of the income-tax (amendment) act, 1965, shall be deemed to have been made under the amended section as if the amended section was in force on the day the search was made ..... by the commissioner of income-tax may search any building or place where he has reason to believe that any books of account or other documents which, in his opinion, will be useful for or relevant to any proceeding under the act may be found and may seize any such book of account or other document. ..... 1691, there is also a prayer that the respondents should be prohibited from proceeding further with the hearing of the case under section 132(1b).the common constitutional question is that section 132 of the act is violative of articles 14 and 19(1)(f) of the constitution and is accordingly void and inoperative. ..... 6 says that the impugned searches shall now be deemed to have been made in accordance with the provisions of section 132 as amended by the indian income-tax (amendment) act, 1965.we shall now discuss the sixth and seventh arguments of mr. ..... section 6 the searching officer would not be protected by section 293 of the act from being sued for damages for unconstitutional search. ..... amendment, however, did not touch the searches already made under section 37(2) of the income-tax act, 1922, or under section 132 as it stood before the amendment. .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)187CTR(All)574; [2004]265ITR420(All)
..... to this provision an explanation was inserted by the finance act, 2001, with effect from april 1, 1989, which reads as follows :'explanation ..... muthyam reddy : [1999]240itr341(sc) :'by the finance act, 1989, explanation to section 2(1a) is inserted with effect from april 1, 1970, to supersede the view expressed in the order under appeal and several decisions setting out similar ..... counsel for the appellant submitted that the commissioner of income-tax was not justified in invoking the provisions of section 263 of the income-tax act as the order of the assessing officer was not prejudicial to the interests of the revenue nor was it erroneous.5. ..... before parting with this case we may mention that under section 263 of the income-tax act, the commissioner of income-tax can correct both errors of fact and errors of law ..... that order a revision was filed under section 263 of the income-tax act which was allowed by the commissioner of income-tax on december 18, 1996. ..... this is an appeal under section 260a of the income-tax act, 1961, by which the judgment of the income-tax appellate tribunal, delhi bench, new delhi, dated november 14, 2002, has been challenged ..... assessee is a company registered under the indian companies act and the relevant assessment year is 1993-94. ..... section 36(1)(vii) of the income-tax act states :'subject to the provisions of sub-section (2), the amount of any bad debt or part thereof which is written off as irrecoverable in the accounts of the assessee for the previous year .....
Tag this Judgment!Court : Allahabad
Reported in : 2005CriLJ3228
..... same room from where the recovery was done and soon after such accused persons had also given their statements admitting to this recovery under section 67 of the act, the evidence given by the witnesses from the department stating those facts of recovery has to be accepted by the court, and there is hardly any occasion to raise a ..... corrobo-ration with regard to the recovery and possession of the contraband articles, from the statement of appellants recorded under section 67 of the act, which are relevant under section 53a of the act, such evidence is sufficient to record the conviction for the offences made out of such recovery of contraband from the possession of the ..... of certain contraband at that particular point of time, there was a statutory obligation upon him to record this information in writing under section 42(1) of the act and by virtue of sub-section (2), he was also obliged to send a copy of such information taken out in writing to his immediate officer superior. ..... officers of and above the rank of inspector in the department of customs, central excise, revenue intelligence and the narcotics control bureau under the ministry of finance (department of revenue) for filing of complaints relating to an offence under the act before the special courts. ..... finance (department of revenue) dated 14-11-1985 published in gazette, empowers the officers of and above the rank of inspector in those departments with the powers specified in sub-section (1) of section 53 of the act .....
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