Judgment Search Results Home > Cases Phrase: finance no 2 act 1991 section 3 to 72 income tax Court: punjab and haryana Page 1 of about 96 results (0.125 seconds)

Commissioner of Income-tax Vs. Haryana Minerals Ltd.

Court : Punjab and Haryana

Reported in : [2005]276ITR399(P& H)

..... 2, it is sufficient to mention that the commissioner of income-tax (appeals) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by the finance (no. ..... 2) act of 1991, and held as under :'the 'minerals and ores' are expressly excluded under sub-section (2)(b) thereof which exception covered granite whether raw or polished--there are no words of restriction which qualify the word minerals and it will be reasonable to assume that in the absence of any such limitation, the word must be ..... ores and this benefit was prospectively made available to cut and polished minerals with effect from april 1, 1991, due to the amendment of the section in that year.'3. ..... is an exporter of cut and processed granite and wanted the benefit of section 80hhc claiming that the processed granite is not mineral excluded from the benefit of section 80hhc--having failed to impress the departmental authorities, its plea did not find favour at the high court also--on further appeal the apex court also dismissed the appeal that up to april 1, 1991, the provision of section 80hhc restricted the benefit to goods other than minerals and .....

Commssioner of Income Tax Vs. Haryana Minerals Ltd.

Court : Punjab and Haryana

Reported in : [2009]313ITR318(P& H)

..... on the facts and in the circumstances of the case, the hon'ble tribunal was right in law in giving retrospective effect to the insertion made in sub clause (ii) of clause (b) of sub section (2) of section 80hhc, by finance (no.2) act, 1991 w.e.f. ..... is sufficient to mention that the cit(appeals) as well as the tribunal have treated the provisions of the amended section 80hhc of the act applicable to the case of the assessee as if the amendment made by finance act no. ..... the ratio of the judgement of hon'ble the supreme court in respect of the assessment year 1984-85 it was held that the benefit of amendment made in section 80hhc by finance act no. ..... that regard again reliance was placed on the judgement in the case of m/s gem granites (supra) wherein section 80 hhc(unamended) alongwith the amendment made by finance act no. ..... this petition filed under section 256(2) of the income tax act, 1961 (for brevity 'the act') challenges order dated 28.7.1998 passed by the income tax appellate tribunal, delhi bench (d), new delhi (for brevity 'the tribunal') in ra ..... has to be treated as legally unsustainable in view of the law laid down by the supreme court in m/s gem granites versus commissioner of income tax, tamil nadu (supra). ..... of 1999 (the commissioner of income tax, haryana, rohtak v. ..... commissioner of income tax tamil nadu (2005) 26 itr ..... 40 of 1997 directed the tribunal exercising power under section 256(2) of the act to draw the statement of the case and refer the afore-mentioned two questions for .....

M/S Pml Industries Limited Vs. Commissioner of Central Excise and Anot ...

Court : Punjab and Haryana

..... of sub-section (2a) of section 254 inserted by finance act, 1999 in the income tax act, 1961. ..... an order of waiver of pre-deposit of duty passed by the tribunal stands vacated after expiry of 180 days, if the appeal is not decided in terms of the provisions inserted by section 140 of the finance act, 2002 with effect from 11.05.2002 (hereinafter referred as first set of cases ) and writ petitions such as cwp no.1606 of 2012, wherein the challenge is to the circular issued by the central board of customs & ..... similar contention raised in regard to sub-section (2a) of section 254 of the income tax act was not accepted by the income tax appellate tribunal in centre for women s development ..... sahir and others (2003) 8 scc 498.the language of sub-section (2a), which has been inserted by finance act, 1999, makes it clear that the legislature did not intend to make the time period of 4 years for disposal of the ..... was on the statute book in section 30 of the indian income tax act, 1922. ..... to do so, hear and decide every appeal within a period of three years from the date on which such appeal is filed; provided that where an order of stay is made in any proceeding relating to an appeal filed under sub-section (1) of section 25b, the cwp no.877 of 2013 & other connected matters 8 appellate tribunal shall dispose of the appeal within a period of one hundred and eighty days from the date of such order; provided further that if such ..... in itr nos.40 & 41 of 1991 titled m/s somany pilkington s ltd. ..... (1991) .....

Karnail Singh Vs. State of Haryana

Court : Punjab and Haryana

Reported in : [2009]184TAXMAN257(Punj& Har)

..... -whereas a draft notification was published by the central government in exercise of the powers conferred by item (b) of clause (ii) of the proviso to sub-clause (c) of clause (1a), and item (b) of sub-clause (iii) of clause (14) of section 2 of the income-tax act, 1961 (43 of 1961), in the gazette of india, extraordinary, part ii, section 3, sub-section (ii), dated 13-2-1991 under the notification of the government of india in the ministry of finance (department of revenue) no. ..... made available to the public on 13-2-1991;and whereas the objections and suggestions received from the public on the said draft notification have been considered by the central government;now, therefore, in exercise of the powers conferred by item (b) of clause (ii) of the proviso to sub-clause (c) of clause (1a) and item (b) of sub-clause (iii) of clause (14) of section 2 of the income-tax act, 1961 (43 of 1961) and in supersession of the notification of the government of india in the erstwhile ministry of finance (department of revenue and insurance) no. ..... the respondents have also placed reliance on section 194a of the act which prescribes that any person who is responsible for paying to a resident any income by way of interest other than income by way of interest on securities, was obliged to deduct income-tax at the rates in force at the time of credit of such income to the account of the payee or at the time of payment thereof in cash or by issue of a cheque or draft or by any other mode.5. .....

Stelco Strips Ltd. Vs. State of Punjab and ors.

Court : Punjab and Haryana

Reported in : (2009)19VST498(P& H)

..... 40 and 41 of 1991, decided on december 3, 2004, examined the provisions of section 254(2a) of the income-tax act, 1961, which contemplated that the appellate tribunal may hear and decide the appeal within a period of four years from the end of the financial year in which such appeal is ..... court held to the following effect:we may also notice sub-section (2a) of section 254, which was inserted by the finance act, 1999. ..... him an opportunity of being heard and if, after the enquiry, such officer is satisfied that the documents as required under sub-section (2) and sub-section (4), were not furnished at the information collection centre or the check-post, as the case may be, with a view to attempt to avoid or evade the tax due or likely to be due under the act, he shall by order for reason to be recorded in writing, impose on the consignor or the consignee of the goods, penalty equal to fifty ..... judgment in hardit singh bhagat singh's case pertains to a best judgment assessment under section 11(4) of the state act and, therefore, in tune with the judgment in madan lal arora's case : [1962]1scr823 , whereas the judgment of the calcutta high court in sarda & sons' case [1977] 40 stc 419 pertains to section 14(3a) of the bengal finance (sales tax) act, 1941. ..... sahir : air2003sc4603 .the language of sub-section (2a), which has been inserted by the finance act, 1999, makes it clear that the legislature did not intend to make the time period of four years for disposal of the application as .....

Arjan Singh and Others Vs. State of Punjab and Others

Court : Punjab and Haryana

..... 40 and 41 of 1991, decided on december 3, 2004, examined the provisions of section 254(2a) of the income tax act, 1961, which contemplated that the appellate tribunal may hear and decide the appeal within a period of four years from the end of the financial year in which such appeal is filed. ..... this court held to the following effect:- "we may also notice sub-section (2a) of section 254, which was inserted by the finance act, 1999. ..... scrutiny and analysis of the kind in order to judge their mandatory or directory character in view of the pronouncement of their lordships in regard to the provisions of sections 4 and 5-a of the land acquisition act [sections 38 and 40(1)] which to an extent contain the elements of the provisions of section 4 so far as the question of giving of notice to the affected persons is concerned and of section 5-a of the land acquisition act in so far as the filing of objections and hearing thereof is concerned, which provisions have been held to be mandatory by their lordships. ..... the language of sub-section (2a), which has been inserted by the finance act, 1999, makes it clear that the legislature did not intend to make the time period of four years for disposal of the application as mandatory. .....

Punjab Business and Supply Co. Pvt. Ltd. and anr. Vs. Income-tax Offic ...

Court : Punjab and Haryana

Reported in : (1991)100CTR(P& H)290; [1991]188ITR550(P& H)

..... sibal, learned senior advocate, further elaborated this point contending that this explanation has created a penal offence by filling up the lacuna in the existing provisions of section 194a of the income-tax act and that its operation would be prospective and not retrospective as the provisions of law at the time of commission of the offence had to be seen in order to ascertain whether the petitioners had committed any offence. ..... , the petitioners seek the quashment of the respective complaints and the proceedings resulting therefrom, inter alia, on the ground that, before the amendment of section 194a, vide finance act, 1987, which came into force on june 1, 1987, there was no provision like the present explanation to sub-section (1) of this section making the crediting of any interest to any account, whether called 'interest' payable account' or 'suspense account', would amount to crediting the interest payable to the ..... 's case : [1991]188itr402(sc) while interpreting the provisions of section 9(1)(b) of the haryana general sales tax act, 1973. ..... state of haryana : [1991]188itr402(sc) ; : [1991]188itr402(sc) , in support of the proposition that the penal provisions of the statute should be strictly interpreted. .....

Darshan Kumar Vs. Commissioner of Income-tax and ors.

Court : Punjab and Haryana

Reported in : [1996]222ITR608(P& H)

..... and as the authorities of the income-tax department could not effect recovery of the outstanding dues from the company, proceedings were initiated under section 179(1) of the income-tax act, 1961 (for short, 'the act'). ..... if the petitioner had not been served with notice for proceedings under section 179(1), he could not have filed a reply to the same or made a request for keeping the demand pending till the commissioner of income-tax, jalandhar, decided the revision petition. ..... his case is that after having resigned from the directorship with effect from march 31, 1993, he cannot be held liable to pay arrears of income-tax found due against maini finance (p. ..... 1 to 3 have pleaded that being director of the company during the year, 1991, the petitioner is jointly and severally liable to pay arrears of income-tax found due against maini finance (p. ..... this petition has been filed to quash annexures 'p-1', 'p-2' and 'p-7' issued respectively by the tax recovery officer-i, jalandhar, general manager, punjab roadways, amritsar-i, and the assistant commissioner of income-tax, circle 1(1), jalandhar.2. ..... the tax found due in this case relates to the assessment year 1991-92 when the petitioner was very much a director of the company. ..... therefore, he cannot escape his liability to pay the arrears after the competent authority found that it was impossible to recover the amount from maini finance (p. ..... 5,89,990 was found due against maini finance (p. ..... he was a director in maini finance (p. .....

The Commissioner of Income Tax, Jalandhar Vs. V.

Court : Punjab and Haryana

..... this order annexure a-2 dated 21.10.1992 was unsuccessfully challenged by the revenue before the income tax appellate tribunal which announced its order on 11.2.1999 (annexure a3).claim of the revenue is that the expenditure made on payment of secret commissions in the name of sales promotion as also incurred on distribution of free specimen copies of books published by the assessee is no more permissible in law in view of introduction of explanation to section 37 of the act vide finance (no.2) act, 1998. ..... accuracy and integrity of this document chandigarh ita no.51 of 1999 -: 3 :- in the firs.appeal filed by the assessee, vide order dated 21.10.1992, commissioner of income tax (appeals).jalandhar, following the order in the case of the same assessee of income tax appellate tribunal, amritsar of 14.10.1992 in ita no.568 to 570(asr.1991 and 571 to 574(asr)/1991 for the assessment years 1982-83 to 1984-88 and 1985-86 to 1988-89 respectively, deleted addition made by the assessing officer and thus relief ..... in the assessment year 1990- 1991, the assessee inter-alia had sought/claimed deduction on account of commission paid to the tune of rs.10,36,879/- claiming that these expenses were of secret nature and payments were made to educational institutions, teachers and individuals .....

Commissioner of Income-tax Vs. Kartar Singh and Co. P. Ltd.

Court : Punjab and Haryana

Reported in : (2009)221CTR(P& H)479; [2008]300ITR440(P& H)

..... the tribunal has also observed that if the order under section 143(1) of the act was not a statutory order but was only an intimation then the commissioner of income-tax could not exercise jurisdiction under section 263 of the act because, the jurisdiction under section 263 of the act can be exercised only in relation to an 'order' passed by the assessing officer and not in relation to an 'intimation'.5. mr. ..... at the instance of the revenue the income-tax appellate tribunal, amritsar bench, amritsar (for brevity 'the tribunal'), while exercising jurisdiction under section 256(1) of the income-tax act, 1961 (for brevity, 'the act'), has referred the following question of law, which is claimed to have arisen from the order dated april 12, 1994, passed in i.t.a. no. ..... with effect from april 1, 1998, the second proviso to section 143(1)(a) was substituted by the finance act, 1997, which was operative till june 1, 1999. ..... 2) act of 1991 an intimation sent to the assessee under section 143(1)(a) was deemed to be an order for the purposes of section 246 between june 1, 1994, and may 31, 1999, and under section 264 between october 1, 1991, and may 31, 1999. ..... 2) act of 1991 with effect from october 1, 1991, and subsequently with effect from june 1, 1994, by the finance act, 1994, and ultimately omitted with effect from june 1, 1999, by the explanation as introduced by the finance (no. ..... as a result of insertion of the explanation to section 143 by the finance (no. .....