Judgment Search Results Home > Cases Phrase: finance no 2 act 1977 Court: allahabad Page 9 of about 405 results (0.052 seconds)

Prof. Ramesh Chandra, Vice Chancellor Bundelkhand University Vs. State ...

Court : Allahabad

Reported in : 2007(4)AWC3181

..... the provision of sub-section (6) if the chancellor on consideration of any document or material referred to in sub-section (7) of this section include any report of an inquiry held before the commencement of this act, is of opinion that the executive council has failed to carry out its functions or has abused its powers, he may,: after giving it an opportunity of submitting a written explanation, order that in supersession ..... chairman of the executive council, academic council and the finance committee.8.section 8 of the act deals with visitation and the relevant provisions are as ..... 8(1) and section 12(12) of the act, therefore, operate in entirely different fields as while the former deals with the power of the state government to cause an enquiry to be conducted against the university in respect of matters connected with the administration and finances of the university, section 12(12) of the act specifically deals with the power of ..... 8(1) of the act in respect of matters connected with the administration and finances of the university culminated in an order for removal of the vice-chancellor under section 12(12) of the act by the chancellor ..... act shows that the state government has the right to cause an inspection to be made, by such person or persons as it may direct, of the university, the examination, teaching and other work conducted or done by the university or cause an enquiry to be made in the like manner in respect of any matter connected with the administration and finances .....

Commissioner of Income Tax Vs. Zam Zam Tanners

Court : Allahabad

Reported in : (2005)197CTR(All)221; [2005]279ITR197(All)

..... it may be mentioned here that in view of the aforesaid decision, section 143(1a) of the act has been amended by finance act, 1993, with retrospective effect from 1st april, 1989 specifically providing for the levy of additional tax where the loss declared by such persons in the return of income is reduced or is converted into income.17. ..... it may also be useful to consider the provisions of section 143(1a) before the amendment by finance act, 1993, which reads as follows :'where, in the case of any person, the total income, as a result of the adjustments made under the first proviso to clause (a) of sub-section (1), exceeds the total income declared in the return by ..... after the aforesaid decision, legislature amended the provisions of section 143(1a) of the act with retrospective effect but no retrospective amendment has been made under section 271(1)(c) of the act; legislature, vide finance act, 2002, amended section 271(1)(c) of the act w.e.f. ..... 4 was not there and the amendment made by the finance act, 2002, in clause (iii) and expln. ..... 'section 271(1)(c) of the act has been further amended by finance act, 2002, by which clause (iii) and expln. ..... 4 to section 271(1)(c) by the finance act, 2002, there is no manner of doubt that the penalty is leviable even in the cases where no tax is payable and income is assessed at a loss in respect of the concealed income. ..... (supra), which has been confirmed by the apex court still hold good and the amendment by the finance act, 2002, w.e.f. .....

P.N. Tiwari Vs. Union of India

Court : Allahabad

Reported in : [2003]133TAXMAN482(All)

..... hence, the writ petition is liable to be dismissed and the provisions of section 17(2)(vi) of the income tax act as inserted by the finance act, 2001 as well as rule 3 of the income tax rules framed in pursuance of section 17(2)(vi) by the board are legal and valid. ..... the petitioner is also challenging the validity of section 17(2)(vi) of the income tax act, 1961 as inserted by the finance act, 2001 on the ground that it has delegated essential legislative powers and that it is violative of articles 19(1) and 246 of the constitution.2. ..... in view of the introduction of sub-clause (vi) of clause (2) of section 17 of the act by means of the finance act, 2001, and prescription of the interest-free loan or loans at the concessional rate of interest by the employer to its employees having been treated as a 'fringe benefit' or 'amenity', it is not possible to take the view that the same ..... in view of the section 17(2)(vi) which has been introduced by the finance act, 2001, the earlier decision in the case of v.m. ..... hence before the amendment by the finance act, 2001 interest-free loans given by the employer to the employees for various purposes e.g. ..... the expression 'the value of fringe benefit or amenity as may be prescribed' was inserted by finance act, 2001 with effect from 1-4-2002. ..... thus before the amendment by the finance act, 2001 a perquisite was whatever was mentioned in the act itself i.e. .....

Cit Vs. Parmatma Saran (Huf)

Court : Allahabad

Reported in : [2005]142TAXMAN194(All)

..... portion of the joint family property allotted to him or if at such partial partitionand the provisions of this act shall apply accordingly.explanationin this section,(a) 'partition' means-(i) where the property admits of a physical division, a physical division of the property, but a physical division of the income without a physical division ..... group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition;(d) the several liability of any member or group of members aforesaid shall be computed according to the ..... member or group of members of such family immediately before such partial partition and the family shall be jointly and severally liable for any tax, penalty, interest, fine or other sum payable under this act by the family in respect of any period, whether before or after such partial partition;(c) the several liability of any member or group of members aforesaid shall be computed according to the portion of ..... tax act by the same finance act. ..... act which was inserted by finance ..... of section 20a of the act, which was inserted by finance (no. ..... the tribunal was legally, correctin holding that the amended section 20a of the wealth tax act, inserted by the finance (no. .....

ElgIn Mills Company Ltd. Vs. Commissioner of Income-tax

Court : Allahabad

Reported in : [1976]104ITR708(All)

..... appellate tribunal, allahabad bench, allahabad, has referred the following question for our answer :'whether, on the facts and in the circumstances of the case, the assessee-company was entitled to rebate under section 2(5)(a)(i) of the finance act, 1965, in respect of its indirect exports, made through third parties and on incentives on such exports for the assessment year 1965-66, in addition to the rebate allowed on such exports under section 2(5)(a)(iii) of the said ..... the question referred turns on the interpretation to be given to section 2(5)(a)(iii) of the finance act which may, for the sake of convenience, be extracted:section 2 (5)(a)(iii): 'where an assessee of the type referred to in sub-clause (i) engaged in the manufacture of any articles in an industry specified in the said first schedule has, during the ..... 77,984 was claimed both in respect of the direct and indirect exports on the strength of section 2(5)(a)(iii) of the finance act, 1965. ..... now, in order to attract section 2(5)(a)(iii) of the act, all that is required is that the assessee should be engaged in manufacture of any articles in an industry specified in the first schedule and should have sold such articles to any other person in india who himself has exported ..... , those who channel their export through a third party, recourse cannot be had to section 2(5)(a)(i) of the act. .....

Shiv Kumar and ors. Vs. Collector and ors.

Court : Allahabad

Reported in : 2005(1)AWC998

..... , or the commencement of the uttar pradesh bikri-kar (dwitiya sanshodhan) adhiniyam, 1963, whichever is later, then without prejudice to any other liability to penalty which the defaulter may, in consequence of such nonpayment, incur under this act, simple interest at the rate of eighteen per cent per annum shall run on the amount then remaining due from the date of expiry of the time specified in the said notice, or from the commencement of the ..... until a higher rate is prescribed, the rate of interest will be eighteen per cent per annum :provided further that in respect of an excise revenue which become payable before the commencement of the uttar pradesh excise (amendment) act, 1985, interest at the said rate shall be payable from the date of such commencement if the excise revenue is not paid within three months of the said date.explanation. ..... in the case of calcutta jute manufacturing company (supra) the apex court has considered the provisions of section 10a of the bengal finance (sales tax) act 1941 which provided for payment of interest by a dealer. ..... dwarika prasad sho karan dass, 1977 uptc 619 (sc) ;(4) maha luxmi sugar mills company v. ..... the shop was reauctioned on 7.2.1977 for a sum of rs. ..... facts were that ram gopal along with hira lal was granted licence by public auction for retail sale of the country liquor in respect of some shops in the district of lalitpur for the excise year 1977-78. .....

Brij Bhushan Lal and Sons Vs. Designated Authority

Court : Allahabad

Reported in : (2001)165CTR(All)137; [2001]246ITR353(All)

..... going into the merits of different legal issues raised by the learned authorised representative, i agree with the contentions of the learned authorised representative on the main issue that under section 245 of the income tax act, before making any adjustment of refund due to any person against any demand due from that person, the assessing officer is obliged to issue an intimation in writing to such person of the action proposed to be taken ..... (appeals) by a consolidated order dated 28-1-1999, allowed the appeals and held that the impugned adjustment of refund under the income tax act against the wealth-tax demand for different years and in some cases of different assessees, were not legally correct. ..... it will be seen from the provisions of the income tax act contained in section 245 of the income tax act, and also the provisions of the wealth tax act contained in section 34a(5) of the wealth tax act that adjustment is permissible only in respect of the income-tax refund against income-tax dues in the case of the same assessee and likewise wealth-tax refund against the wealth-tax dues of ..... hence, the impugned adjustments of refund under the income tax act against the wealth-tax demands of different assessment years and in some cases of different assessees, as mentioned earlier, were not legally correct and, hence ..... is claimed that in the meantime, the petitioner made declarations under section 89 of the finance (no. ..... petitioner's case is that by section 89 of the finance (no. .....

Assistant Commissioner of Income Tax Vs. U. P. National Manufacturing ...

Court : Allahabad

Reported in : (2001)69TTJ(All)503

..... as a result of newly inserted provisions of section 194h of the income tax act, 1961 (hereinafter referred to as 'the act'), as a result of finance act, 1991, which received the assent of the president of india on 27-9-1991, all these respondents were under an obligation to deduct and pay the tax at source @ 10 per cent from all payments or payables on account of commission after ..... respondent-assessees had also requested the hon'ble finance minister, government of india on 30-3-1992, for disposal of their petition furnished under section 194h(2) of the act.3. ..... central government by exercising statutory right or the right conferred by the statute that the person is not liable to discharge the obligation and for this purpose we consider it necessary to consider the provisions of section 194h of the act which were operative only during the period 1-10-1991 to 30-5-1992, and were in the following terms :'194h-(1), any person, not being an individual or an huf, who is responsible for paying on or after the 1-10-1991 but ..... proposition of law held in this case that in the context of penalty provisions 'reasonable cause' would mean a cause which is beyond the control of the assessee and means a cause which prevents a reasonable man of ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fide, advances the assessee's case rather than the revenue 's case because in the present cases the assessees were neither negligent nor remained inactive .....

Wilson Diesels (P) Ltd. Through Its Partner Sri Pramod Kumar Agarwal V ...

Court : Allahabad

Reported in : (2005)197CTR(All)347; 2005(185)ELT350(All)

..... petitioners are also covered by the order dated 8.12.1998 notwithstanding the fact that the show cause notices has been adjudicated upon in relation to the co-notices as well as the declarant under section 90(1) of the finance act, 1998.13. ..... the pendency of the appeal, government of india enacted kar vivad samadhan scheme, 1998 and accordingly a declaration was filed by m/s india casting company under section 89 of the finance act (no. ..... in exercise of powers conferred under section 97(1) of the scheme, government of india, ministry of finance issued the kar vivad samadhan scheme (removal of difficulties) order, 1998 deemed to have been made effective from ..... .75 p be not recovered from them under rule 9 (2) of the rules and a penalty be not imposed under section 11a of the central excise act, 1944 said parries were also required to state why the seized goods valued at rs. ..... designated authority determined the amount to be paid under kar vivad samadhan scheme rules, 1998 and certificate of intimation under section 90{1} of the said act was issued on 10th february, 1999, under section 88(f) of the finance (no. ..... thereafter, petitioners filed applications under section 35c(2) of the act for the rectification of the aforesaid order on the ground that in view of the provisions of kar vivad samadhan (removal of difficulties) order, 1998, penalty of the petitioners being co-noticee be also set ..... it is a known fact that most of these acts provide remedies against the orders passed by the primary .....

Assistant Commissioner of Income Vs. U. P. National Mfg Ltd. (Asstt. C ...

Court : Income Tax Appellate Tribunal ITAT Allahabad

..... of law held in this case that in the context of penalty provisions "reasonable cause" would mean a cause which is beyond the control of the assessee and means a cause which prevents a reasonable man of ordinary prudence acting under normal circumstances, without negligence or inaction or want of bona fide, advances the assessee's case rather than the revenue's case because in the present cases the assessees were neither negligent nor remained inactive ..... 194h of the it act, 1961 (hereinafter called as "the act"), as a result of finance act, 1991, which received the assent of the president of india on 27th september, 1991, all these respondents were under an obligation to deduct and pay the tax at source @ 10 per cent from all payments or payables on account ..... the learned departmental representative, however, submitted that the respondent-assessees had no intention to comply with the provisions of the act because had they intended to comply with or had its intention been bona fide, they should have filed their annual return of tds as required under ..... is, therefore, requested that no action in the matter has been taken until the matter is finally decided by the ministry of finance as well as till the disposal of our writ petition before the high court of judicature at allahabad. ..... 194h as the matter is being agitated both before the government of india in the ministry of finance as well as before the hon'ble high court of judicature at allahabad and is still subjudice before both the .....