Court : Allahabad
Reported in : (2005)198CTR(All)274; [2006]281ITR70(All)
..... him and on a consideration of the same the persons mentioned therein are in possession of money, bullion, jewellery or other valuable items or things which had not been disclosed for the purposes of the act and that he has reason to believe that such articles would be found in the possession of the district excise officer, rewa and, therefore, he has authorized the joint director to enter and search the ..... considered the scope of the provisions of section 132 and chapter xiv-b of the act, explaining that chapter xiv-b was inserted by the finance act, 1995 laying down a special procedure for assessment in search cases. ..... such money, bullion, jewellery or other valuable article or thing represents either wholly or partly income or property which has not been, or would not be disclosed for the purposes of the indian income-tax act, 1992 (11 of 1992), or this act (hereinafter in this section referred to as the undisclosed income or property), the officer so authorized in all cases being hereinafter referred to as the authorized officer to -(i) enter and search any building, place ..... office of the district excise officer, rewa was not permissible; the said warrant of authorization dated 15.03.1999 had been issued without there being any information in possession of the authority under the act to form an opinion that the firm was having undisclosed/unaccounted money and, therefore, the search itself was invalid, illegal and if the order of authorization itself was illegal, the entire .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]29STC15(All)
..... municipal bodies : to wit, delegation is to an elected body responsible to the people including those who pay taxes ; the limit to which the corporation can tax is circumscribed by the need to finance the functions which it has to perform ; the power is exercised after debate by the elected representatives of the local area concerned; the necessity of adopting budget estimates each year ; even though the ..... it is open to the legislature to impose tax on luxuries under entry 62, list ii, schedule vii, of the constitution and that the impugned section 3-a of the act should be treated as having been made in exercise of the legislative power under the said entry in conjunction with the power of the legislature to impose sales tax under entry 54 ..... an almost inescapable conclusion that the vices of excessive delegation and of discrimination are ingrained in sub-sections (1) and (2) both of section 3-a of the act, at least in so far as they purport to bring within their mischief turnovers in respect of goods, such as bricks, which in the ordinary course ..... government desire to meet the wishes of the business community and also to protect the interests of the consumer, and hence they propose to amend the act.by sub-section (1) of the newly added section 3-a, it was provided that, notwithstanding anything contained in section 3, the proceeds of sale of any goods or class of goods shall ..... the act questioned on two stated grounds, which have nothing to do with principles of public finance.51. .....
Tag this Judgment!Court : Allahabad
Reported in : 2003(4)AWC3426; (2004)2UPLBEC1122
..... may be mentioned that regulation 4 provides for two types of penalties which may be imposed on an officer employee, for acts of misconduct or for any other good and sufficient reasons, namely, minor penalties and major penalties. ..... the petitioner failed to serve the respondent bank with utmost honestly and integrity and his acts of omission and commission amounted to misconduct under regulation 24 of the regulations for which he has been awarded the major ..... photostat copy of the letter dated 27.5.1998 sent to the ministry of finance, government of india for laying the notification before the parliament is annexure ..... bank received the gazette of india dated 11.4.1998 containing publication of the amended regulation which was sent to the ministry of finance, government of india for laying the same before parliament, as required under section 19(4) of the banking companies (transfer and acquisition of undertaking) act, 1970. ..... the petitioner was charge-sheeted inter alia for act of forgery by impersonating the signature of the phool chand abusing his official authority in the bank inasmuch as he made an advance of ..... however, the acts of misconduct committed by the petitioner were of a serious nature and accordingly he decided to deal with the case sternly and imposed a major penalty of lowering down the basic pay by nine ..... reviewing authority was proposing to impose upon the petitioner the enhanced penalty of dismissal from the service as the bank had lost its confidence on him for his acts. .....
Tag this Judgment!Court : Allahabad
Reported in : [2001]247ITR385(All); [2001]117TAXMAN579(All)
..... in the present case having regard to the extent in which industrial undertaking has been defined under the finance act, 1973, the building activity which involves not only the mixing of mortar or cement and the placing of one brick over another with the help of such cement or mortar but also involves ..... to processing of these materials and the assessee was not an industrial company within the moaning of section 2(7)(c) of the finance act, 1973, and the tribunal was wrong in holding so. ..... 209itr298(cal) , in which a hotel engaged in the manufacturing of eatable food and drinks was held to be an industrial undertaking within the meaning of the provisions of section 2(7)(c) of the finance act, 1982. ..... bom) in which it was held that the assessee who was engaged in the business of construction and repairs of buildings was not an industrial company within the meaning of section 2(7)(d) of the finance act, 1966. ..... of this court : 'whether, on the facts and in the circumstances of the case, the tribunal is legally correct in holding that the assessee-company is an 'industrial undertaking' within the meaning of section 2 of the finance act, 1973 ?' 2. ..... true that the blending of ore of diverse physical and chemical compositions is carried out by the simple act of physically mixing different quantities of such ore on the conveyor-belt of the mechanical ore handling plant. ..... [1977]107itr822 ..... : [1977]107itr822(mad) where even the folding and stitching of the printed sheets was held to constitute ' .....
Tag this Judgment!Court : Allahabad
Reported in : (2004)191CTR(All)460; [2005]275ITR628(All)
..... he further submitted that it is not correct to say that if an item can be subjected to tax by taking recourse to the proceedings under section 35 of the act, being a mistake apparent on the record, the jurisdiction under section 17 of the act is not ousted and, therefore, the tribunal had rightly upheld the reopening of the assessment. ..... eastern newspaper society (supra) the apex court has held that the information of an audit party on a point of law could not be regarded as information enabling the ito to initiate reassessment proceeding under section 147(b) of the it act.in the case of sheela devi goel (supra) this court has upheld the action of the wto under section 35 of the act for rectification of the assessment order consequent upon retrospective amendment of section 5(1)(viii) of the ..... , : [1990]181itr22(bom) , has held that once a valid proceeding under section 147 of the it act is started, the ao has not only the jurisdiction but it is his duty to complete the whole assessment de ..... the respondent also preferred a cross-objection on the ground that the aac should not have upheld the reopening of the assessment under section 17 of the act and in any case he ought to have dealt with the other grounds of appeal before him. ..... the learned counsel for the applicant submitted that, as a result of the legal fiction incorporated with retrospective operation and the amendment of section 5(1)(viii) of the act by the finance (no. ..... sri ramulu, (1977) tax lr 1855 (sc), saran engineering co .....
Tag this Judgment!Court : Allahabad
Reported in : [2006]281ITR302(All)
..... , has referred the following question of law under section 256(2) of the income-tax act, 1961, (hereinafter referred to as 'the act'), relating to the assessment years 1989-90 and 1990-91 for opinion to this court :whether, on the facts and in the circumstances of the case, the tribunal is legally correct in reducing the penalty imposed under section 272a of the income-tax act, 1961, for the assessment years 1989-90 and 1990-91, resorting to the proviso ..... , on the facts and circumstances of the case, we do not find any error in the order of the tribunal restricting the amount of penalty to the extent of the amount deductible considering the intent of the legislature by introducing the finance (no. ..... ) of 1992 vide order dated april 28, 1995, the tribunal has taken a view that the proviso appended to sub-section (2) of section 272a by the finance (no. ..... the assessing authority levied the penalty under section 272a of the act on account of late filing of form no. ..... 2) act, 1991, by which the proviso has been added with effect from october 1, 1991, restricting the amount of penalty to the amount of tax deductible only. ..... 2) act, 1991, which runs as under :provided that the amount of penalty for failures in relation to returns under sections 206 and 206c shall not exceed the amount of tax deductible or collectible, as the case may be. ..... 2) act, 1991, with effect from october 1, 1991 2. .....
Tag this Judgment!Court : Allahabad
Reported in : [1994]208ITR758(All)
..... of income-tax (appeals) has observed in his order that the shares of agricultural refinance corporation had been declared as government securities under section 7 of the agricultural finance act and the same situation applied to the shares of the unit trust of india. ..... the respondent-assessee is a co-operative society giving long-term finance to primary banks, co-operative farming societies, cultivators and land development banks on security by way of simple mortgage over ..... these are five applications filed under section 256(2) of the income-tax act, 1961, by the commissioner of income-tax, lucknow, and pertain to the assessment years 1981-82 ..... the applications for reference moved under section 256(1) of the act having been dismissed, these applications have been made with a common prayer that the income-tax appellate tribunal may be directed to refer the aforesaid questions for the opinion of this ..... words, it is a co-operative society functioning as a bank for the purposes of providing finance to cultivators and co-operative societies, etc. ..... reasonings he further recorded a finding that the income in question received or accrued to the appellant was the income from business and the same was exempt from tax under section 80p(2) of the act, like the other income of the co-operative society. ..... the shares and units held by the assessee was liable to be deducted from its gross income under section 80p(2) of the income-tax act, 1961 (for short 'the act'), in computing its taxable income. .....
Tag this Judgment!Court : Allahabad
Reported in : [1972]86ITR730(All)
..... although, after the change effected in the income-tax act, 1922, by the finance act of 1949, the provisions of section 12b were not operative in respect of transactions taking place after april 1, 1948, and the provisions relating to set off and carry forward of capital loss as contained in sections 24(2a) and 24(2b) of the act were not changed, still those sections remained consequential sections, and as after april, 1948, as the provision of section 12b itself was ..... by the finance act of 1949, section 12b of the act was amended and it was provided that profits resulting as a result of a transaction of the nature described above, during the period march 31, 1946, and march 31, 1948, only were to be treated as income falling under ..... by the finance act of 1949, section 12b as introduced in the year 1947 ..... referred the following questions for the opinion of this court :'(1) whether, on the facts and in the circumstances of the case and on interpreting the provisions of sections 6(vi), 12b, 24(2a) and 24(2b) of the indian income-tax act, 1922, the tribunal was right in rejecting the claim of the assessee for the set off of the capital loss of rs. ..... legislative history pointed out above indicates that at the time of introducing section 12b in the income-tax act, 1922, the legislature intended that profits or gains arising from the activity of sale, exchange, relinquishment or transfer of capital assets effected after march 31, 1946, were to be considered to be the income under the head .....
Tag this Judgment!Court : Allahabad
Reported in : [1985]60STC344(All)
..... 1976 uptc 646, this court considered a question: whether the assessee-company which was running three cold storages in two districts of uttar pradesh, could be said as an industrial company within the meaning of section 2(7)(d) of the finance acts, 1966 and 1967. ..... section 2(7)(d) of the finance acts, 1966 and 1967 defines 'industrial company' meaning as a company which is mainly engaged in the business of generation or distribution of electricity or any other form of power or in the construction of ships or in the manufacture or processing of goods or in mining. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)198CTR(All)598; [2006]280ITR465(All)
..... taking into account the pious aim and object of the introduction of section 80u in the act by the finance act, 1968, we are of the opinion that total blindness under section 80u means an individual who is unable to perceive the light the total blindness does not mean that the person is totally unaffected ..... section 80u was introduced in the statute book for the first time by the finance act, 1968. ..... deduction of a sum of rs.10,000/- was claimed by the assessee under section 80u of the act which was refused by the income tax officer art the ground that the assessee was not ' ..... stated here that the assessee in support of his claim for deduction under section 80u the act, filed a medical certificate of the institute of medical sciences b.h.u. ..... present reference under income tax act (here in after referred to as the act is at the instance of ..... a different context under workman's compensation act a learned single judge in raghuraj ..... the finance minister in his budget speech for the year 1968- 69 has stated as follows:' as a measure of relief to totally blind individuals proposed to provide for ..... appellate tribunal, allahabad, has referred the following question of law under section 256(1) of the act for opinion to this court. ..... subsequently by the taxation laws (amendment) act 1970. ..... that 'vision of the assessee' is limited, to hands movement only' means that the assessee is not totally blind and, therefore, the authorities below were justified to deny deduction under section 80u of the act.5. .....
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