Court : Orissa
Reported in : (1988)67CTR(Ori)12; [1988]171ITR222(Orissa)
..... 2) act of 1980 which had retrospective operation, the commissioner of income-tax issued notice under section 263 of the income-tax act to show cause why the order of assessment should not be modified, cancelled ..... - these three writ application by three limited companies whose profits and gains are derived from their industrial undertakings claim deduction under section 80j of the income-tax act, 1961, from such profits and gains, of a percentage on the capital employed in the said industrial undertakings.as common questions are involved, the writ applications were heard together and are disposed of ..... 2) act of 1980 has been assailed with a prayer for directions to the income-tax appellate tribunal in respect of the assessment years 1976-77 and 1977-78 to interpret section 80j in ..... prayed for a direction to the income-tax officer to dispose of the assessments in respect of the four assessment years 1978-79 to 1981-82 by interpreting section 80j in its favour.in ojc no ..... 1031 of 1980 got the deduction for the assessment year 1976-1977 granted by the income-tax officer to ..... the petitioner has prayed for quashing the assessments in respect of the assessment years 1973-74, 1974-75 and 1975-76.at the time when the writ applications were filed in the years 1980 and 1981, different high court had interpreted section 80j in favour of the assessees. ..... of section 80j by the finance (no. ..... validity of the retrospective amendment of section 80j of the act by the finance (no. ..... by the finance (no. .....
Tag this Judgment!Court : Orissa
Reported in : [1993]203ITR128(Orissa)
..... on being moved by the revenue by applications under section 256(1) of the income-tax act, 1961 (in short, 'the act'), the income-tax appellate tribunal, cuttack bench, cuttack (in short, 'the tribunal'), has referred the following question for opinion :'whether, in the facts and circumstances of the case, the income-tax appellate tribunal was justified in law in allowing the claim of the assessee for depreciation on scientific ..... (iv) in respect of any expenditure of a capital nature on scientific research related to the business carried on by the assessee, such deductions as may be admissible under the provisions of sub-section (2) : provided that the scientific research association, university, college or other institution referred to in clause (ii) or clause (iii) shall make an application in the prescribed form and manner to the prescribed authority for the purpose ..... in further appeal, the tribunal affirmed the order of the commissioner of income-tax (appeals) on the basis of a special bench decision of the tribunal in ..... the income-tax officer, ward 'a', sambalpur, and the inspecting assistant commissioner, income-tax (assessment), bhubaneswar, who made the assessments, rejected the assessee's claim for these years holding that the research and development equipment did not fall within the category of 'plant' so as ..... 2) act of 1980 (act 44 of 1980), with retrospective ..... the effect of the change brought in by the finance (no. ..... between the parenthesis was inserted by the finance (no. .....
Tag this Judgment!Court : Orissa
Reported in : 1995LC62(Orissa); 1993(68)ELT739(Ori)
..... the tribunal has held that the powers conferred on it under section 129b of the customs act are similar in nature to the powers granted to the income tax appellate tribunal under section 254 of the income tax act, and therefore, the decision of the apex court in income tax officer, cannanore v. m.k. ..... therefore, the view expressed by the tribunal that its powers under section 129b of the customs act are similar in nature to the powers granted to income tax appellate tribunal under section 254 of the income tax act is clearly wrong.17. ..... furthermore the appellate powers of the tribunal under section 254(1) of the income tax act is wide enough as it merely states that the tribunal shall pass such order as it thinks fit, unlike in the customs act where powers are specified to the effect that the tribunal may confirm, modify or annul the decision or may refer the case back for fresh adjudication or decision. ..... in the apex court, the question was whether the income tax appellate tribunal had the power to grant stay while exercising power under section 254 of the income tax act, 1961. ..... section 220(6) of the income tax act deals with a situation when an appeal is pending before the first appellate authority but there is no such provision when the appeal is pending before the income tax appellate tribunal. ..... sharabh who brought it to paradeep port on 12-9-1980 with crew and cargo consisting of fishes prawns and shrimps. ..... this chapter was substituted by the finance (no. .....
Tag this Judgment!Court : Orissa
Reported in : [1993]199ITR212(Orissa)
..... the instance of the revenue, the following questions have been referred to this court for adjudication under section 256(1) of the income-tax act, 1961 (in short 'the act'), by the income-tax appellate tribunal, cuttack bench (in short ' the tribunal') :' (1) whether, under the facts and circumstances of the case, the learned authorities below are correct in law in including the salary income of the assessee in his hands in place of his wife? ..... tribunal, however, proceeded on the basis that, after insertion of the expression 'clause (ii)' in explanation 1 to section 64(1) with effect from april 1, 1980, the income specified has to be included in the return of the spouse whose income was higher and, therefore, the income has been rightly assessed in the hands of the assessee. ..... , under the facts and circumstances of the case, the amended provision of explanation 1 in inserting clause (ii) by the finance act, 1979, coming into effect from april 1, 1980, will apply to the facts of this case, whose accounting year has ended prior to march 31, 1980 '2. ..... thereinafter referred to as ' the assessee') filed his return of income for the assessment year 1980-81, wherein it was indicated that a sum of rs. ..... the proviso has application, the question whether the explanation 1 as amended with effect from april 1, 1980, would be applicable would be only of academic interest. ..... if a necessity arises, it shall consider the applicability of the explanation 1 as amended with effect from april 1, 1980.3. .....
Tag this Judgment!Court : Orissa
Reported in : 85(1998)CLT560; (1999)158CTR(Ori)298; [1999]235ITR574(Orissa)
..... his conclusion that the impugned decision of the central government communicated on august 2, 1991, at annexure-1 refusing to make declaration under section 72a(1) of the income-tax act, 1961 (hereinafter referred to as 'the act'), does not call for interference by us in this application under articles 226 and 227 of the constitution. ..... case, the petitioner has asked for the relief of declaration as envisaged under section 72a pf the income-tax act by quashing the impugned order of the central government as per annexure-1. ..... of the dispute in the right perspective, the provisions of section 72a of the income-tax act, 1961, are quoted here-under :'72a. ..... in spite of its basic viability on account of various dependent or independent factors, may not be in a position to generate necessary financial resources to continue the business on an economical level, lack of finance may be acting as a detriment ;(iii) the central government and the special authority, therefore, are required by section 72a to gauge whether the amalgamating company, immediately before its amalgamation, has its resources to continue its business activities or has likelihood of obtaining it from other avenues to continue ..... 4 and 5 or their officers in any manner not to proceed with the assessment for the years 1980-81 to 1990-91 till the declaration in para (c) and certificate in para (d) are issued ; and(f) pass such other order or further orders, which it may deem fit and proper in the facts and circumstances of the .....
Tag this Judgment!Court : Orissa
Reported in : [1991]188ITR306(Orissa)
..... since section 293 of the income-tax act, as it stood prior to its amendment by the finance act of 1988, did not specifically bar the jurisdiction of the civil court to examine the validity of an order in the acquisition proceedings under chapter xxa of the income-tax act, the civil court will have the jurisdiction to decide the question as to whether the collateral fact for conferring jurisdiction on the special tribunal existed or not. ..... there is no doubt that section 293, as it stood prior to its amendment by the finance act of 1988, did not bar the jurisdiction of the civil court expressly in respect of an order passed under chapter xxa of the income-tax act and that is why the legislature brought in the expression 'any proceeding taken or order made' by way of amendment in 1988. ..... the learned subordinate judge took up the questions of jurisdiction and maintainability preliminarily and came to hold that though section 293 of the income-tax act which bars the jurisdiction of the civil court in respect of orders of assessment made under the act, in terms, would not apply to an acquisition proceeding under chapter xxa, yet the jurisdiction of the civil court must be held to be impliedly barred in respect of the said acquisition proceeding and the civil court has no ..... 2, an application was filed on august 19, 1980, that the preliminary issue regarding jurisdiction for trying the suit should be decided first. ..... c1t : [1980]123itr40(patna) and abdus samat haji adam kantharia v. .....
Tag this Judgment!Court : Orissa
Reported in : (1995)123CTR(Ori)46
..... but special provision for computing such profits in connection with the business of exploration of mineral oil having been made by parliament by insertion of section 44bb by the finance act of 1987 with retrospective effect from april 1, 1983, the entire amount of tax paid will not be taxable and the tribunal committed gross error of law in holding that this is an independent receipt in the hands of the nonresident and, therefore, the same ..... with reference to the definition of 'income' in section 2(24) and the charging section under section 5 as well as the different heads of income defined in section 14, contends that the income-tax paid by the indian firm which would have otherwise been paid by the non-resident firm must be held to be an income from other sources of the non-resident firm and, therefore, is liable to be taxed. ..... the assessee thereafter moved the tribunal under section 256(1) of the income-tax act and the tribunal having referred the questions as already stated, the matter has ..... business of exploration of mineral oil in the mahanadi basin and having agreed to be paid a particular sum as indicated in the agreement, and the indian firm having taken up the liability of paying the entire income-tax dues payable by the non-resident firm, the same will partake of the character of a perquisite arising from the business of exploration of mineral oil. ..... american consulting corporation : [1980]123itr513(orissa) and the agreement in that case is identical with the agreement in .....
Tag this Judgment!Court : Orissa
Reported in : 108(2009)CLT440; (2009)26VST565(Orissa)
..... income-tax, : [2008] 301 itr 134 (mp), it has been held that as the assessing officer had not summoned r in spite of the request made under section 131 of the act, the evidence of r could not have been used against the assessee & in the absence of affording a reasonable opportunity of being heard by summoning the said witness the assessment order was vitiated.this court in income tax ..... t.shaduli yusuff, (1977) 9 stc 478 (sc), during assessment proceedings, the returns filed by the assessee on the basis of his books of account appeared to the sales tax officer to be incorrect & incomplete since certain sales.appearing in the books of account of one h as having been effected by the assessee in his favour were not accounted for in the books of ..... the petitioner filed an affidavit of sri mahajan sahu before the first appellate authority wherein sri sahu categorically stated that one sales tax officer took his signature on a statement without disclosing the facts of the statement, stating that he would be cited as witness & he also did not know any person namely babulal agrawala of rampur ..... commissioner of income-tax, bombay city-ll, : (125) 1980 itr 713 (sc), the hon'ble apex court held that it was true that proceedings under the income-tax law were not governed by the strict rules of evidence, &, therefore, it might be said that even without calling the manager of the bank in evidence to prove the letter dated february 18, 1955, it could ..... the secretary, department of finance and ors. .....
Tag this Judgment!Court : Orissa
Reported in : AIR1949Ori1
..... putting the land in its original state ' where a man suffers in respect of one and the same right, whether of the person, property, or reputation, as the case may be, then if the act is not a continuing act but one over the consequences of which, when done, the doer has no further control, the cause of action is one and after recovery in an action for damage first accruing, no further action ..... continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.if the act complained of creates a continuing source of injury and is of such a nature as to render the doer of it responsible for the continuance thereof in cases in which damage is not of the essence of the action, as in trespass, a ..... do not mean or refer to damage inflicted once and for all which continues unrepaired but to a new damage recurring day by day in respect of an act done, it may be once and for all at some prior time, or repeated, it may be, from day to day.the test in applying section 23 is not whether the right is a continuing right but whether the wrong is a continuing wrong: see a.i.r. ..... located it in a separate temple in his math and was performing its seba puja and janni jatra and meeting the expenses from the income of the lands in the village of jaggilipadaro, and after his death, defendant 1 has been performing its seba puja and janni jatra .....
Tag this Judgment!Court : Orissa
Reported in : AIR1951Ori284
..... ; on of commodities, have power to pass any law or take any executive action prohibiting or restricting the entry into, or export from the province of goods of any class or description or,(b) by virtue of anything in the act, have power to impose any tax, cess, toll, or due which, as between goods manufactured or produced in the province & similar goods not so manufactured or produced, discriminates in favour of the former, or which, in the case of goods manufactured or produced ..... the next question, that then arises, is whether the resp's case comes within the purview of aforesaid section, that is, whether they, fey reason of mistake of fact & not by reason of mistake of law, in good faith, believed themselves to be justified by law, in moving or transporting the ..... so in view of section 11 of the act, which says:'any person......does any act preparatory to a contravention of an order made under the provisions of this act, shall be deemed to ..... according to both of these sections, the provincial govt's power under the act is to be exercised only when it appears to them to be necessary or expedient that certain measures should be taken only to maintain increase or secure supply, distribution & availability at fair prices ..... power to pass any law or take any executive action prohibiting or restricting the entry into, or export from the province of goods of any class or description;(2) any law passed in contravention of this section shall, to the extent of the contravention, be invalid.'7. .....
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