Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 Court: allahabad Page 5 of about 405 results (0.027 seconds)

Jafar Ali Saheb Ali Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 1986(9)ECC30

..... learned counsel for the petitioner urged that since the capacity of production of crusher of khandsari sugar has been fixed under the act the excise authorities acted illegally in holding that the petitioner had crushed more sugar than the quantity prescribed under the schedule. ..... the petitioner feeling further aggrieved preferred revision before the central government and the joint secretary, government of india, ministry of finance, department of revenue, new delhi dismissed the revision of the petitioner vide its order dated 1-9-1979. ..... sugarcane purchase tax act, 1961 (hereinafter referred to as the act) the production of power crusher of a particular size has been given in schedule attached to the act. ..... the appeal filed by the petitioner was rejected by the appellate authority by its order dated 30-9-1977. .....

D.C. Upreti Vs. B.D. Karnatak

Court : Allahabad

Reported in : AIR1986All32

..... it was held that the suit did not lie since under section 69(2) of the partnership act they were not entitled to enforce any right arising from a contract between the unregistered firm on the one hand and the defendant on the ..... of the first part of the saving clause (a) of sub-section (3) and also on a proper view of the nature of such suit, a suit for dissolution and accounts of an unregistered firm is protected by sub-section (3) of section 69 of the partnership act from the bar under the earlier sub-section or subsections of that section.'18. ..... (1) no suit to enforce a right arising from a contract or conferred by this act shall be instituted in any court by or on behalf of any person suing as a partner in a firm against the firm or any person alleged to be or to have been a partner in the firm unless the firm is registered and the person suing is or ..... right of a partner therefore of an unregistered firm to a decree for accounts in a suit for dissolution remains unaffected by the provisions of section 69, partnership act, in view of the proviso contained in sub-section (3) thereof. ..... the suit was clearly hit by section 69 of the partnership act and was not maintainable. ..... forward the plea of section 69 of the partnership act which reads as below:--'69. ..... reported in : [1977]1scr853 .9. ..... case a suit was filed for recovery of amount by partners of an unregistered firm and the plea that the suit could not have laid on account of the bar of section 69(2) of the partnership act was upheld.12. .....

Mishrimal Gulabchand of Beawar, in Re.

Court : Allahabad

Reported in : [1950]18ITR75(All)

..... charge on the 1938-39 income either of the appellant or his daughters, nor assessment of such income, until the passing of the indian finance act of 1939, which imposed the tax for 1939-40 on the 1938-39 income and authorised the present assessment. ..... refer to the indian income-tax act, 1922, as it stood amended at the date of the indian finance act, 1939, and necessarily includes the alterations made by the amending act, which had already come into ..... the losses incurred in the business in the indian states should be set off against the income from business in british india under section 24(1) of the indian income-tax act, for that section applies only when losses sustained under one head are sought to be set off against income, profits and gains under some other head and not under ..... 'similar provisions are contained in section 6 of the finance act of 1944, and on a parity of reasoning the law applicable on the 1st of april, 1944 the assessment year being 1st of april, 1944, ..... by sub-section (1) of section 6 of the indian finance act, 1939, income-tax for the year beginning on the 1st april, 1939, is directed to be charge at the rates specified in part i of schedule ii, and rates of super-tax are also ..... observed as follows :-'it should be remembered that the indian income-tax act, 1922, as amended from time to time, forms a code, which has no operative effect except so far as it is rendered applicable for the recovery of tax imposed for a particular fiscal year by a finance act. .....

Additional Commissioner of Income-tax Vs. Smt. Vimla Mali

Court : Allahabad

Reported in : [1977]109ITR555(All)

..... that there was a positive finding by the tribunal that there was no concealment of income, by the respondent and hence the answer to the question whether the explanation to section 271(1)(c) inserted by the finance act, 1964, does or does not apply to the present case, will have no effect upon the ultimate decision as to whether penalty should be levied on the respondent for furnishing inaccurate particulars of the income ..... instance of the revenue, referred to this court the following question: ' whether, on the facts and in the circumstances of the case, the explanation to section 271(1)(c) of the income-tax act, 1961, inserted by the finance act, 1964, with effect from april 1, 1964, applies to the assessment years 1958-59 to 1962-63, on the ground that the returns of income were filed after april 1, 1964 ?' 2. ..... sri sharma, the learned standing counsel appearing for the revenue submitted that under the explanation to section 271 inserted by the finance act, 1964, when the total income returned by a person is less than 80 per cent. ..... a situation even if the explanation to section 271(1) inserted by the finance act,' 1964, should be applied, the respondent should be held to, have ..... overlooked the explanation and relied upon the decision of the supreme court which was rendered prior to the insertion of the explanation in section 271 of the act and that hence the question of law referred by the tribunal is not academic, but is a live question which requires to be answered by us. 5. .....

Tika Ram and Sons (Private) Ltd. Vs. Commissioner of Income-tax, U. P. ...

Court : Allahabad

Reported in : [1964]51ITR403(All)

..... depended on the passing of the finance act or it was determinable under the scheme of the indian income-tax act and whether the moment any income was earned it attracted the quality of chargeability with reference to the standing provision of the act and only the quantification of the tax depended on the passing of the finance act it was there held that income is chargeable to tax independent of the passing of the finance act but until the finance act is passed no tax will ..... a liability to tax because he alone knows whether his income is above the minimum taxable limit or not in relation to the relevant finance act but such liability as may be within such persons knowledge will not make the revenue department his creditor in respect thereof. ..... a company in liquidation is still an assessee and subject to the income-tax law, and the liquidator can be called upon to submit the usual income-tax return under the provisions of the income-tax act and if the liquidator feels aggrieved by the assessment he must pursue the same remedies as are open to any other assessee.this case again does not in any way go to show that the income- ..... a full bench of the lahore high court laid down that where a company is under liquidation the income-tax authorities can prove their claim under section 228 of the companies act against the company by the production of the assessment order made by them that if the income-tax authorities fail to prove a claim for income-tax within the time fixed by the court in .....

Saru Copper Aloys Semis (P) Ltd. Through Its Director Sri Sanjeev JaIn ...

Court : Allahabad

Reported in : (2008)15VST476(All)

..... of any tax under the general sales tax law of the appropriate state shall, on behalf of the government of india, assess, re-assess, collect and enforce payment of tax, including any penalty, payable by a dealer under this act is a tax or penalty payable under the general sales tax law of the state; and for this purpose they may exercise all or any of the powers they have under the general sales tax law ..... section 9(2) and (2-a) of the central act prior to finance act, 2000 and after the finance act, 2000 reads as follows:prior to finance act, 2000.9. ..... general sales tax law of the appropriate state shall, on behalf of the government of india, assess, re-assess, collect and enforce payment of tax, including any penalty, payable by a dealer under this act as if the tax or penalty payable by such a dealer under this act is a tax or penalty payable under the general sales tax law of the state; and for this purpose they may exercise all or any of the powers they have under the ..... for in sections 10 and 10-a of the general sales tax law of each state shall, with necessary modifications, apply in relation to the assessment, reassessment, collection and the enforcement of payment of any tax required to be collected under this act in such state or in relation to any process connected with such assessment, reassessment, collection or enforcement of payment as if the tax under this act were a tax under such sales tax law.after the finance act, 2000.9. .....

Ms. Phoenix Lamps India Ltd., Noida Vs. Asstt. Commissioner of Income ...

Court : Allahabad

..... now, to arrive to a cost of plant & machinery for claiming depreciation, the written down value has no relevance and the cost of plant & machinery would be calculated in accordance to section 43(3) of the finance act and, therefore, whether the petitioner has claimed less depreciation or higher depreciation in the year under consideration, in which the exemption is available, has no relevance for the claim and the allowance of the depreciation in the ..... in the present case we find that learned counsel for the petitioner has placed more emphasis and reliance on the provision of section 43-a of the act, which has been inserted by the finance act, 2002 with effect from 1.4.2003, which, according to learned counsel for the petitioner, has set at rest all the controversies relating to the claim of ..... he submitted that section 43-a of the finance act has been inserted to remove the anomaly in claiming the depreciation ..... he further submitted that by the finance act, 2002 section 43-a has been inserted with effect from 1.4.2003, which is applicable to the assessment year 2003-04, coincidently the year when the assessee was liable to tax after completing 10 years of the ..... since this provision was not available with the assessing authority when the notice under section 148 of the act was issued, it would be appropriate that the petitioner should file objections to the reasons recorded raising all the pleas and objections, which have been taken in the writ petition, and the assessing .....

Gopaldas Sarvadayal Vs. Commissioner of Sales Tax, U.P.

Court : Allahabad

Reported in : AIR1956All305; [1956]7STC360(All)

..... british india under the administration of the central government or the crown representative, shall be excluded.if the submission of learned counsel about the scope of section 29 be accepted, section 13, limitation act, will have to be interpreted as laying down a rule for computing a period of limitation prescribed not only for a suit but for an appeal as well as an application when the ..... general law which would be governed by the provisions of the indian limitation act,there appears to be no justification for holding that section 29 enlarges the scope of the provisions made applicable by it to computation of period of limitation prescribed under a ..... are covered by the words 'any suit, appeal or application'.to me it appears that all that section 29 was intended to do was to make sections 4, 9 to 18 and 22, limitation act, applicable when computing the period of limitation under a special or local law exactly in the same manner as they would be applicable when computing the period of limitation for similar proceedings under the ..... the bengal finance (sales tax) act.it was held in that case that, in computing the period of limitation for an application under section 21, bengal finance (sales tax) act, to require the board to state a case, the time requisite for obtaining a copy of the order of the hoard of revenue should be excluded as provided in section 29, limitation act. .....

Pioneer Trading Syndicate Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : (1979)12CTR(All)349; [1979]120ITR5(All); [1979]2TAXMAN469(All)

..... sub-section (10) provides that the amount of the voluntarily disclosed income shall not be included in the total income of the declarant for any assessment year under any of the acts mentioned in sub-section (9) if he has credited such amount in the books of account, if any, maintained by him for any source of income or in any other record and that the credit made shall be intimated ..... section shall be admissible as evidence against the declarant for the purpose of any assessment proceeding or any proceeding relating to imposition of penalty or for the purpose of prosecution under any of the acts mentioned in sub-section (9) in respect of any amount specified in an order made by the commissioner under sub-section (4) or, if such amount is altered by an order of the board, then such altered amount. 15. ..... of part i of the first schedule to the finance act, 1965 (x of 1965), as if such amount were the total income of the declarant, so, however, that- (i) the proviso to the said paragraph a or, as the case may be, the second proviso to the said paragraph f ..... the finance act does not make these matters final and not liable to ..... , in substance, is as to the effect of the acceptance by the commissioner of the voluntarily disclosed income by an individual under the scheme envisaged by the finance (no. ..... regard to the fact that this very amount had been declared and accepted by the department to be the income of the depositor under the voluntary disclosure scheme contained in the finance (no. .....

Commissioner of Income-tax Vs. Dhampur Sugar Mills Ltd.

Court : Allahabad

Reported in : [1996]220ITR671(All)

order--sec. 263(1)(c) inserted by finance act, 1989, effect of.ratio :order of tribunal holding that assessing officer's order merged in the order of appellate authority requires reconsideration as section 263(1)(c) was inserted by the finance act, 1989, with retrospective effect from 1-6-1988 and the order of the tribunal was passed much earlier.held :section 263(1)(c) was inserted by the finance act, 1989, with retrospective effect from 1-6-1988. if the amended provision is taken into aid, then the tribunal will not be right in holding that the order of the assessing officer stood merged in the order of the appellate authority. since the tribunal did not and could not advert to clause (c) of section 263(1), as it passed its order on much earlier date, the matter requires reconsideration in view of section 263(1)(c) of the assessing officer. application :not to current assessment years.income tax act 1961 s.263