Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 Court: allahabad Page 19 of about 405 results (0.050 seconds)

Commissioner of Income-tax Vs. Laxmi Sugar and Oil Mills Ltd.

Court : Allahabad

Reported in : [1993]204ITR265(All)

..... by the finance act, 1975, section 40a(7) was introduced in the act with retrospective effect from april 1, 1973, and the relevant portion thereof reads as under : '(7) (a) subject to the provisions of clause (b), no deduction shall be allowed in respect of any provision (whether called as such or by any other name) made by ..... at the instance of the commissioner, the income-tax appellate tribunal, allahabad bench, has under section 256(2) of the income-tax act, 1961 (for short, 'the act'), referred the following question for the opinion of this court : 'whether, on the facts and in the circumstances of the case, the assessee was entitled to deduction of ,rs. ..... the deduction could not be allowed on general principles under any other section of the act because sub-section (1) of section 40a makes it clear that the provisions of the section shall have effect notwithstanding anything to the contrary contained in any other provision of the act relating to the computation of income under the head 'profits and gains of business or profession' or, in other words, it means that section 40a would have effect notwithstanding anything contained in sections ..... , 1976, and the balance of the admissible amount or, as the case may be, the balance of the admissible amount as reduced by the amount so utilised, is paid by the assessee by way of such contribution before the first day of april, 1977.' 7. .....

Govind Ram and anr. Vs. Major A.U. John

Court : Allahabad

Reported in : AIR1939All668

..... the negotiations which culminated in the execution of the mortgage deed and the finance agreement wore conducted in bombay and the mortgagors, under the terms of the mort-gage dead, were taken bound to repay the amount due under the mortgage at ..... agreed that they should be permitted to do in a solemn contract the courts below have not acted in accordance with the principles of equity, justice and good conscience. ..... section 115 this court has jurisdiction to interfere where the lower court has acted in the exercise of its jurisdiction illegally or with material irregularity. ..... are satisfied that in granting the injunction the learned special judge has mot acted consonantly with the spirit of section 151, civil p.c. ..... mortgagees filed a suit in the bombay high court the mortgagors proceeded to do what they in effect had solemnly undertaken not to do under the mortgage deed; they applied for the benefits of the encumbered estates act and secured an order of injunction against the applicants. ..... there is nothing in the encumbered estates act which forbids parties to a contract agreeing on a forum for the decision of their ..... do not consider it necessary in disposing of this application to say anything as to what the rights of the mortgagors are under the encumbered estates act in the special circumstances of this case. ..... the special judge charged with the proceedings under the encumbered estates act and to the collector at agra. ..... courts below purported to have acted under section 151, civil p.c .....

Commissioner of Income-tax Vs. Prakash Co.

Court : Allahabad

Reported in : [1998]231ITR124(All)

..... and expenditure ; and (v) the institution or fund is either constituted as a public charitable trust or is registered under the societies registration act, 1860 (21 of 1860), or under any law corresponding to that act in force in any part of india or under section 25 of the companies act, 1956 (1 of 1956), or is a university established by law, or is any other educational institution,recognised by the government or ..... at the relevant time there was no provision under the act or the rules framed thereunder which required the approval of ..... 80g of the act to the assessee ..... section 256 of the income-tax act, 1961 (for short 'the act') :'whether, on the facts and in the circumstances of the case, the tribunal was justified in accepting the assessee's claim for deduction under section 80g of the income-tax act, 1961, in respect of the donation ..... entitled to deduction under section 80g of the act in respect of the donation made to the ..... act ..... act ..... act ..... exempt under sections 11 and 12 of the act or the said institution was not existing solely for educational purposes as contemplated in clause (22) of section 10 of the act. ..... act ..... us any provision under the income-tax act, 1961, whereby an approval of the central government is required in respect of the deduction claimed under section 80g of the act. ..... section (2)(a)(iv) of section 80g of the act. ..... total income, amongst others, under clause (22) of section 10 of the act. ..... to claim deduction as contemplated under the provisions of section 80g of the act. ..... act. ..... act .....

Commissioner of Income-tax Vs. Kanpur Textiles Ltd.

Court : Allahabad

Reported in : (2005)198CTR(All)293; [2005]276ITR140(All)

..... (sc) , has summarized the position regarding allowability of the amount of gratuity prior to the insertion of section 40a(7) in the act by the finance act, 1975, with effect from april 1, 1973, as follows (page 599) :'(1) payments of gratuity actually made to the employee on his retirement or termination of his services were expenditure incurred for the purpose of business in the year in which the payments were made and allowed under section 37 of the act. ..... , an estimated liability under gratuity schemes such as the ones before us even if it amounts to a contingent liability and is not a debt under the wealth-tax act, if properly ascertainable and its present value is fairly discounted is deductible from the gross receipts while preparing the profit and loss account.'11. ..... the apex court has further held as follows (page 67) :'but the contention was that though schedule vi to the companies act may permit a provision for contingent liabilities, the income-tax act, 1961, does not, for, under section 36(v), the only deduction from profits and gains permissible is of a sum paid by an assessee as an employer by way of his contribution towards an approved gratuity fund created by him ..... 101itr292(bom) this court in the case of lakshmi sugar mills [1977] uptc 31 and laxmi sugar and oils mills ltd. ..... sugar mills [1977] uptc 31(vi) ..... cit : [1977]110itr577(cal) national engineering industries ..... cit : [1977]108itr531(guj) waldies ..... cit : [1977]106itr704(all) and ..... cit : [1977]110itr434(patna) .....

Bhagwan Prasad Agarwal, Advocate Vs. the Commissioner of Income Tax an ...

Court : Allahabad

Reported in : (2006)201CTR(All)335

..... order dated 9th november, 1989 (filed as annexure-3 to the writ petition) rejected the claim of the grant of interest on the ground that since 'special provision has been made in the act for dealing the seized' cash under section 132(1) and also for payment of refund and interest under section 132b general provisions under section 244 are not applicable'. ..... (4) deals with the liability of the central government to pay interest up to the date prior to the framing of the assessment or reassessment order, section 244 of the act deals with the liability of the central government to pay interest for the subsequent stage which comes into existence after the completion of the assessment/reassessment order. ..... chapter xiv-b special procedure for assessment of search cases was inserted by the finance act, 1995. ..... it privides the manner of dealing of the assets retained under sub-section (5) of section 132a bare perusal of section 132b(3) of the act would show that any assets or proceeds which remained after the liability referred to in sub-clause (i) of sub-section 1 are discharged shall be forthwith made over or paid to the ..... for the period 31st january, 1977 to 5th may, 1980, the petitioner laid claim of interest under section 244 of the act on the ground that the assessment order passed on 31st december, 1977 and the excels amount was refunded to him by' ..... order was framed on 31st january, 1977, the liability of interest would start running ..... 1977 ..... 31.12.1977 (for the period of twenty months) .....

S.M.i. Kazim Vs. New India Assurance Co. Ltd. and ors.

Court : Allahabad

Reported in : 2005(1)ESC297; (2005)2UPLBEC1362

..... . it is settled legal position that the judicial review is not akin to adjudication of the case on merit as the appellate authority and this court in writ proceeding under article 226 does not act as an appellate authority and would only exercise its jurisdiction within the limits of judicial review to correct errors of law or procedural error leading to manifest in justice or violation of natural justice but cannot re-appreciate the evidence ..... case it appears that direction was issued by the ministry of finance that the punishment advised by the central vigilance commission in every case of disciplinary proceeding should be strictly adhered to and not to be altered without prior concurrence of the central vigilance commission and therefore, looking to the provisions contained in section 8 of the banking companies (acquisition and transfer of undertakings) act, 1970, the apex court held that the ministry of finance, government of india, has no jurisdiction to issue ..... ., air 1977 sc 740, the hon'ble supreme court, while considering the expression 'may' used in section 442 of the companies act, 1956, held that the word 'may' used before 'stay' in section 442 of the act really means 'may' and not 'must' and 'shall' in such context, and further held that the power to grant stay is discretionary and not mandatory ..... ., 1977 (2) scc 579 .....

Prabhakar Singh and Another Vs. State of U.P.

Court : Allahabad

..... he also submitted a report of a case under section 25 of the arms act against the appellants on the basis of these recoveries. ..... for default of payment of fine under section 201 ipc one year's simple imprisonment, for the sentence under section 147 ipc, three months' simple imprisonment and for default of fine under section 25 arms act six months' simple imprisonment have been awarded. ..... he conducted the investigation and alsosubmitted charge sheets under section 25/4 of the arms act against all the accused persons. 22. ..... gulam nizamuddin has deposed that on 16.1.2003 he registered a case under sections 25/4 arms act at crime nos. ..... under section 25 of the arms act and fines of rs. .....

U.P. State Electricity Board Vs. Collector of Cus. and C. Ex.

Court : Allahabad

Reported in : 1992(61)ELT14(All)

..... of the powers conferred by sub-rule (2) of rule 8 of the central excise rules, 1944 the central government hereby exempts all goods falling under item 68 of the first schedule to the central excises & salt act, 1944 (1 of 1944) and manufactured by factory belonging to any of the state government for purpose declared by parliament by law to be incidental to the ordinary functions of govt. ..... , which was a government company incorporated under the companies act and was wholly controlled and financed by the central government, was held not to be a department ..... corporations and statutory authorities are different from government even if they are controlled and financed wholly or partly by the government and it is on this basis that the employees of the corporations and statutory bodies were excluded from the benefit of the protection conferred by article 311 of the ..... state electricity board constituted under the electricity (supply) act, 1948 has been held to be a 'state' within the meaning of article 12 of the constitution of india by the supreme court in ..... first schedule to the central excises & salt act, 1944 on certain conditions. ..... so as to attract excise duty has not been decided by the respondents and the orders for charging excise duty have been passed on the assumption that fabrication and galvanizing are nothing but act of manufacture. ..... electricity board, (hereinafter referred to as the board), was constituted in 1959 under section 5 of the electricity (supply) act, 1948. .....

Mahabir Singh Vs. Emperor

Court : Allahabad

Reported in : AIR1916All169; 36Ind.Cas.479

..... ram lakhan who is apparently a licensed recruiter was there also, but the moving person in the whole matter was mahabir singh; he may have and probably did finance the concern but he did more than finance it, he actively assisted persons to emigrate and in contravention of the provisions of the act. ..... under the act such financing is not forbidden by law and no conviction can lie for it ..... was the act of financing ram lakhan or other licensed recruiters ..... it was contended (1) that mahabir singh had committed no act which would bring him under section 164 of act vi of 1901,(2) that separate convictions under section 342 and under section 164 of act vi 1901 for the same offence were contrary to law.2 ..... to do so would be tantamount to saying that there was really no necessity for the act so long as one kept on the establishment as a mere figure a licensed recruiter. ..... mahabir singh is in no way licensed under act vi of 1901; he is a person entirely outside the act so far as any license or authority is concerned.3 ..... the argument addressed to me that if ram lakhan was a properly licensed recruiter, persons not being amateurs, if we may so call them, may detain coolies without a license under the act and with impunity, is one. ..... the whole effort made by the learned counsel who appeared on his behalf was to show that the conviction under section 164 of act vi of 1901 was illegal. ..... singh has been convicted of an offence under section 342 of the indian penal code and under section 164 of act vi of 1901. .....

Khem Chand Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1998]231ITR682(All); [1998]99TAXMAN457(All)

..... it is submitted that the words 'on or' preceding the expression 'before the date on which the last instalment of advance tax is due', occurring in sub-section (3a) were inserted by the finance act, 1979, with effect from april 1, 1979, in sub-section (3a) and that the amended subsection was relevant for the case of the petitioner, as the case relates to the assessment year 1980-81 ..... the submission of counsel for the petitioner before us is that after the amendment made by the finance act, 1979, with effect from april 1, 1979, sub-section (3a) of section 212 of the act, is as follows :'(3a) in the case of any assessee who is required to pay advance tax by an order under section 210, if by reason of the current income being likely to be greater that the income on which the advance tax payable by him ..... 1, with the observations that he shall consider sub-section (3a) of section 212 of the act, as it stood amended by the finance act, 1979, with effect from april 1, 1979, and then pass an order afresh in accordance with law in regard to interest sought to be charged under sections 215, 216 and section 220(2) of the act. ..... it is to be made clear that while passing the impugned order, annexure '7' to the writ petition upholding the order of the inspecting assistant commissioner charging interest under section 220(2) of the act, no new reasoning was given by the commissioner of income-tax, but to pass that order he simply relied on his earlier orders annexures 5 and 6 to the writ petition.4. .....