Court : Allahabad
Reported in : (1998)2UPLBEC1244
..... 311 were not applicable in letters to the plaintiff as he was under a private employment, the spirit thereof is always applicable and the learned counsel referred to the provisions of the general clauses act to say that the power of appointment includes the power of dismissal suggesting that a person may be removed by the person appointing him and not by any other person. ..... branch manager, not being in the rank of the managing or whole time director, or a chief executive officer cannot get the protection of section 35-b(1)(b) of the act and an order of termination of the services of a branch manager of a banking company may not require the previous approval of the reserve bank of india.15 ..... a suit filed not against the transferor bank after amalgamation under a notification under the banking regulation act but against the transferee bank challenging to acceptance of resignation by a transferor bank and claiming the ..... that laxmi commercial bank was a private limited banking company under the indian companies act and the bank issued an advertisement for employment in officers' cadre of the ..... it was also urged that under section 45a of the banking regulation act together with the memorandum under which laxmi commercial bank was taken over, the canara bank was not liable ..... first defendant-bank had merged with the canara bank by a notification of the government of india, finance ministry, in the year 1985. ..... the secretary of the bank, the plaintiff joined the post on 1.11.1977 at new delhi. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]264ITR482(All)
..... however, the word 'building' has been used in section 5(1)(iii) of the wealth tax act, and in section 5(1)(i) the word 'property' has been used.thus the wealth tax act has used the words 'house', 'building' and 'property' in different places, and hence different meanings should ordinarily be ascribed to these words in accordance with the settled principles of interpretation. ..... this is a wealth-tax reference under section 27(1) of the wealth tax act, 1957, in which the following question has been referred to us for our opinion :'whether, on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to exemption under section 5(1)(iv) of the wealth tax act in respect of cinema building owned by this firm ?'3. ..... this condition was abrogated from 1972-73 by the finance (no. ..... cwt : [1977]108itr104(all) ; cwt v. k. b. ..... 'the word 'house' has not been defined in the wealth tax act, nor in the general clauses act. ..... the assessee is a firm and the relevant assessment years are 1974-75 to 1977-78. ..... 2) act, 1971. ..... the short question in this case is whether a cinema building can be treated to be a house for the purposes of section 5(1)(iv) of the wealth tax act. .....
Tag this Judgment!Court : Allahabad
Reported in : [2004]265ITR252(All)
1. this is a reference under section 256(1) of the income-tax act, 1961. the first question has been referred at the instance of the revenue and the other question at the instance of the assessee.2. the question referred at the instance of the revenue is as follows :'1. whether, on the facts and in the circumstances of the case, the assessee in the accounting period relevant to the assessment order 1977-78 was a 'financial company' as defined in explanation (c) to section 40a(8) of the income-tax act, 1961 ?' the question referred at the instance of the assessee is as follows : '2. whether, on the facts and in the circumstances of the case, the gross total income of the assessee for the accounting period relevant to the assessment year 1977-78 including in profits and gains derived in an industrial undertaking ?' 3. as regards the question referred at the instance of the revenue, a finding of fact has been recorded in para. 9 of the tribunal's order that the principal business of the assessee was finance business. this is a finding of fact and we cannot interfere with the same in this reference.4. as regards the question referred at the instance of the assessee, none appeared on behalf of the assessee, although notices were served on them, as is evident from the affidavit of service. hence, the reference on that question is returned unanswered.this reference is disposed of accordingly.
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Allahabad
Reported in : (1982)1ITD733(All.)
..... his further submission was that the case of happy sound industries (supra) related to the assessment year 1975-76, while the amendment, as pointed out above, was carried out in sub-clause (iii) by the finance act, 1978, with effect from 1-4-1978 and, therefore, also that decision had no application to the present case. ..... " ""(inserted by the finance act, 1978 with effect from 1-4-1978) in our opinion, the word "such" appearing at the end of the clause refers to expenditure incurred wholly and exclusively on distribution, supply or provision outside india of such goods, services or facilities. ..... 463 of 1977-78. ..... the common contention in these appeals relate to the assessee's claim under section 35b of the income tax act, 1961 ("the act"). .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1977All403
..... the trial court rejected the objection raised on behalf of the defendant and held that the suit was maintainable and was not barred by section 32 of the arbitration act, feeling aggrieved, the defendant has come up in the instant revision and in support and opposition of the revision, i have heard the learned counsel for the parties ..... (2) notwithstanding anything contained in any other law for the time being in force and save as otherwise provided in this act, all questions regarding the validity, effect or existence of an award or an arbitration agreement between the parties to the agreement or persons claiming under them, shall be decided by the court in which the ..... i do not think this allegation or contention can be said to be covered by sections 32 and 33 of the arbitration act, irrespective of whether an arbitration agreement is genuine or valid or an award is genuine or valid or not, it is a challenge to certain proceedings which have taken place in the suit itself where the award was sought to be ..... byimplication lays down that after the award has been made the rule of the court and a decree has been passed thereon under section 17 of the arbitration act, then no application under section 33 could lie for setting aside the award. ..... finance ..... (1977)illj101del ..... in : (1977)illj101del (supra), a learned single judge laid down as under:'after an award of an arbitrator has been made a rule of court by court by consent of parties or after contest, no application will lie under section 33 .....
Tag this Judgment!Court : Allahabad
Reported in : (1987)62CTR(All)211; [1987]166ITR643(All); [1987]32TAXMAN35(All)
..... in this case, the division bench held that the term ' processing of goods ' as used in section 2(7)(d) of the finance act need not be of such a nature as to result in the manufacture of goods. ..... at the instance of the revenue, the following question has been referred under section 27(1) of the wealth-tax act, 1957 :' whether, on the facts and in the circumstances of the case, the tribunal was correct in holding that the firm in which the assessee was a partner was an industrial undertaking within the meaning of the explanation to section 5(1)(xxxi) of the wealth-tax act, 1957, and was entitled to exemption under section 5(1)(xxxii) of the wealth-tax ..... 96,006, the assessee claimed exemption under section 5(1)(xxxii) of the wealth-tax act on the ground that the firm, m/s. ..... : [1977]107itr816(all) . ..... the controversy, therefore, is whether the assessee was entitled to the benefit of section 5(1)(xxxii) of the wealth-tax act. ..... contention of the assessee and, by finding that the appellant is a partner of the firm which was engaged in manufacturing and processing, held that the assessee was entitled to exemption under section 5(1)(xxxii) of the wealth-tax act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)185CTR(All)626; [2003]262ITR166(All)
..... the order directing the petitioner to collect tax at source from the payments received from the buyer is wholly unjustified and is a clear case of non-application of mind to the provisions of section 206c of the income-tax act, it is alleged that the petitioner is under no legal obligation to collect tax from the buyer as the buyer has not obtained the goods by way of auction and further the sale price of such goods to be sold by ..... by the order of the income-tax officer (tds) dated march 22, 2002, the petitioner filed a revision under section 264 of the income-tax act before the commissioner of income-tax which was dismissed by order dated may 7, 2002, vide annexure 12, to the writ petition.14. ..... the expression sale price and retail price has been defined in section 4a of the central excise act and rule 2(r) of the standard of weights and measures act (packaged commodities) rules, 1977, which has been quoted in paragraph 17 of the petition.9. ..... at any event the question has now officially been decided by a circular of the ministry of finance dated june 27, 2002, which is binding on the income-tax authorities. ..... by letter dated march 30, 2002, to the finance secretary, government of india, with a copy to the chairman, central board of direct taxes, new delhi, has clarified that the state has fixed the prices at all levels (wholesale and retail) and has requested for a clarification for purpose of clause (a)(iii) of section 206c of the income-tax act vide annexure 5 to the writ petition. .....
Tag this Judgment!Court : Allahabad
Reported in : (2003)185CTR(All)340
..... this condition was abrogated from 1972-73 by finance act, 1971. ..... however, the word 'building' has been used in section 6(1)(iii) of the wt act, and in section 5(1)(i) the word 'property' has been used.thus, the wt act has used the words 'house', 'building' and 'property' in different places, and hence meanings should ordinarily be ascribed to these words in accordance with the settled principles of interpretation. ..... this is a wealth-tax reference under section 27(1) of the wt act in which the following question has been referred to us for our opinion :'whether on the facts and in the circumstances of the case, the tribunal was right in law in holding that the assessee is entitled to exemption under section 5(1)(iv) of the wt act in respect of cinema building owned by the firm ?'3. ..... cit : [1977]108itr104(all) , cwt v. k.b. ..... the word 'house' has not been defined in the wt act, nor in the general clauses act. ..... the assessee is a firm and the relevant assessment years are 1974-75 to 1977-78. ..... the short question in this case is whether a cinema building can be treated to be a house for the purpose of section 5(1)(iv) of the wt act. .....
Tag this Judgment!Court : Allahabad
Reported in : (2005)193CTR(All)99; [2004]271ITR22(All)
..... result of long storage, scientific examination might indicate loss of moisture content, that is not sufficient for holding that the stored articles have undergone 'process' within the meaning of section 2(7)(c) of the finance act, 1973. ..... : [1986]162itr142(guj) , the gujarat high court has held that in order to earn the benefit under clause (e) of sub-section (2) of section 80p of the act, the following conditions must be satisfied, namely, (i) the assessee must be a co-operative society ; (ii) the co-operative society must have income from letting of godowns or warehouses; and (iii) the godowns or warehouses ..... : [1989]176itr117(sc) , the apex court has held that the provisions for exemption under section 14(3)(iv) of the indian income-tax act, 1922, which is analogous to section 80p(2)(e) of the act was intended to encourage co-operative societies income tax reports 22-11-2004 36 22-11-2004 36 to construct warehouses which were likely to be useful in the development of a rural economy and exemption was granted from income-tax ..... thus giving a liberal interpretation of the words 'godowns and warehouses' a mentioned in section 80p(2)(e) of the act, a cold storage can be said to be warehouse or godown where goods are stored and thus it falls ..... 1980]126itr66(cal) , the calcutta high court has held that the act of cold storage was an act whereby foods or products stored in the cold storage were prevented from ..... : [1977]107itr816(all) and that of the calcutta high court in the case of .....
Tag this Judgment!Court : Allahabad
Reported in : [2009]317ITR449(All)
..... : [1992]198itr110(orissa) have held that amendment introduced by finance act, 1987 to section 43b was merely of clarificatory nature and applicable with retrospective effect with effect from 1-4-1984.the learned commissioner (appeals) had followed the view expressed by the orissa, ..... , the proviso added by the finance act, 1987 with effect from 1-4-1988 has been held to be retrospective being clarificatory in nature, the question has to be answered in favour of the assessee.so far as the third question is concerned, we find that the accounting ..... the income tax appellate tribunal, new delhi has referred the following three questions of law under section 256(2) of the income tax act,1961, hereinafter referred to as 'the act', for opinion of this court:(i) whether die hon'ble itat was legally justified in confirming the relief allowed by the learned commissioner (appeals) in respect of additions made by the assessing officer under ..... are of the considered opinion that the tribunal has rightly deleted the levy of interest under section 216 of the act.in view of the foregoing discussions, we answer all the three questions in the affirmative i.e. ..... officer had charged interest under section 216 of the income tax act as assessee had paid first two instalments of advance tax at ..... 48 of 1977 decided today, which is inter parties, wherein similar question has been answered in favour of the assessee.so far as the second question is concerned, we find that the amounts added back under section .....
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