Judgment Search Results Home > Cases Phrase: finance no 2 act 1996 section 56 amendment of section 2 Court: punjab and haryana Page 1 of about 246 results (0.169 seconds)

income Tax Appeal No.70 of 2013 Vs. Ved Niketan Dham, Public Charitabl ...

Court : Punjab and Haryana

..... 12aa xx xx xx (1) xx xx xx (2) xx xx xx (3) where a trust or an institution has been granted registration under clause (b) of sub-section (1) [or has obtained registration at any time under section 12a [as it stood before its amendment by the finance (no.2) act, 1996 (33 of 1996)].and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he ..... shall pass an order in writing cancelling the registration of such trust or institution: provided that no order under this sub-section shall be passed unless such ..... substantial questions of law:- i) whether on the facts and law, the hon'ble income tax appellate tribunal was justified in holding that the satisfaction of condition of section 11 to 13 of the act is not to be gone into by the commissioner of income-tax while granting registration u/s 12aa of the act, whereas such examination would allow commissioner of income tax to satisfy himself about the genuineness of the aims and objects of the trust/society and genuineness of its .....

Commissioner of Income-tax-I, Chandigarh Vs. Sri Guru Gorakh Nath Char ...

Court : Punjab and Haryana

..... 2) act, 1996 (33 of 1996) and subsequently the principal commissioner or commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case may be, he shall pass an order in writing cancelling the registration of such trust or institution: provided that no order under this sub-section shall be passed unless such trust or institution has been given a reasonable opportunity of being heard." 7. ..... procedure for registration (1) the principal commissioneror commissioner, on receipt of an application for registration of a trust or institution made under clause (a)or clause (aa) of sub-section (1) of section 12a, shall (a) call for such documents or information from the trust or institution as he thinks necessary in order to satisfy himself about the genuineness of activities of the trust or institution and may also make such inquiries as he may ..... relevant observations read as under: "on the other hand, section 10(23c) of the act are the provisions of the act in substitution of the earlier provisions of section 10(22) of the act as to which income shall not be included in computing the total income of any person. ..... (3) where a trust or an institution has been granted registration under clause (b) of sub-section (1) or has obtained registration at any time under section 12a as it stood before its amendment by the finance (no. .....

Parkash Agro Industries Vs. Dy. Cit

Court : Punjab and Haryana

Reported in : [2009]316ITR149(P& H)

..... according to the learned counsel, the aforesaid explanation 1 to section 234b of the act has been amended by the finance act, 2001 with retrospective effect from 1-4-1989 and the vires of the same stands upheld by this court in raj kumar singal v. ..... it is no doubt true that prior to the amendment brought by the finance act, 2001 which has been made effective retrospectively from 1-4-1989, the interest under section 234b of the act was chargeable with reference to the total income as had been declared by the assessee in its return and not on the assessed income. ..... explanation 1 to section 234b of the act was amended by the finance act, 2001. ..... (b) in sub-section (3), for the words 'one and one-half per cent', the words 'one and one-fourth per cent' shall be substituted with effect from the1-6-2001 (this clause (b) is not part of explanation but section 79 of the finance act, 2001-ed. ..... learned counsel for the assessee has vehemently contended that the tribunal was in error in reversing the order of commissioner(appeals) thereby holding the assessee exigible to interest under section 234b of the act especially when the assessee had filed return of loss and was not liable to pay advance tax. ..... whether the learned tribunal was justified to impose interest on solely depending on amendment of explanatuion 1 to section 143b in view of the decision of the hon'ble supreme court in j.k. ..... cit : [1996]217itr72(patna) .5. mr. .....

Punjab State Cooperative Supply and Marketing Federation Limited Vs. U ...

Court : Punjab and Haryana

Reported in : (2006)206CTR(P& H)194; [2007]290ITR15(P& H)

..... on the lst day of october, 1991 and ending on the 30th day of september, 2005 in response to a notico served under this section, and(b) subsequently a notice has been served under sub-section (2) of section 143 after the expiry of twelve months specified in the proviso to sub-section (2) of section 143, as it stood immediately before the amendment of said sub-section by the finance act, 2002 (20 of 2002) but before the expiry of the time-limit for makmg the assessment, reassessment or recomputation as specified in sub ..... -section (2) of section 153, every such notice referred to in this clause shall be deemed to be a valid notice:provided further that in a case-(a) where a return has ..... section 143(2) of the act was amended vide direct tax laws (second amendment) act, 1989 w.e.f 1st april, 1989 and thereafter by finance act, 1989 w.e.f 1st nov. ..... vide finance act, 2006, section 148 has been amended w.e.f. ..... there were also further amendments by finance act, 2002 w.e.f 1st june, 2000. ..... on 11th april, 1996, case of the petitioner for asst. yr. .....

Ramesh Sharma Vs. Mool Chand and ors.

Court : Punjab and Haryana

Reported in : (2008)151PLR552

..... petitioner filed an application under sections 8 and 11 of the arbitration and conciliation act, 1996 before the court trying this suit, which is declined by the court and thus is ..... impartial but should appear to be so and if there are justifiable doubts as to the impartiality, then this will provide a ground for his removal by the court under section 24(1)(a) of the arbitration act, 1996. ..... in india household and health care's (supra) the hon'ble supreme court has held in no uncertainty terms that where certain reliefs claimed by applicant under section 11 falling outside the arbitration agreement, and necessary party affected by such claims are not party to arbitration agreement where subject matter of arbitration also overlapping with subject matter of suit ..... there is a provision made for alteration in the rules and it is provided that the rules and regulations may be amended and altered by the trust but new rules and regulations are not to be inconsistent with or repugnant or contrary to the aims and objects of the constitutions or the duties ..... , to say that entire subject matter of the suit should be subject to arbitration agreement and there is no provision in the act for bifurcating the suit into two parts, one to be referred to arbitration for adjudication and the other to be decided by the ..... means to control this institute and thus the finances which are generated, seem to be the real aim behind this contest, rather than any aim for doing any welfare, which was the stated .....

Commissioner of Income Tax Vs. Smt. Sonal Bansal

Court : Punjab and Haryana

Reported in : (2008)215CTR(P& H)65

..... 1st april, 1997 amendments were introduced by finance act, 1996 which resulted into addition of words 'depositor' or 'owner of property' or 'owner of security' or 'unit ..... circumstances of the case, the learned tribunal was right in law in upholding the order of the cit(a), directing the ao to allow full credit of tds to the assessee, in contravention of the provisions of section 199 of the it act?whether on the facts and in the circumstances of the case the findings recorded by learned tribunal in allowing full credit of tds to assessee are perverse and sustainable in view of statutory provisions ..... the reasoning that the provision of section 199 of the act stipulates that credit of tds was to be given to the assessee-secondary purchaser for the amount so deducted on furnishing of a certificate under section 203 of act for the assessment year for which ..... security, or depositor or owner of property or of unit holder, or of the shareholder, as the case may be, and credit shall be given to him for the amount so deducted on the production of the certificate furnished under section 203 in the assessment made under this act for the assessment year for which such income is assessable.9. ..... or owner of the property or of the unit holder or of the shareholder as the case may be and credit shall be given to him if the amount so deducted on the production of the certificate furnished under section 203 in the assessment made under this act for assessment year for which such income is assessable. .....

The Birhi Kalan L and C. Co-op. Society Ltd. Vs. State of Haryana and ...

Court : Punjab and Haryana

Reported in : (2008)152PLR660

..... in the aforesaid case, supreme court was considering the provision of bengal finance (sales tax) act, 1941 (for short 'the bengal act') as extended to delhi section 6 of the bengal act as applicable to delhi provided that the state government should amend the schedule by giving not less than three months notice by notification. ..... on the other hand, section 23(3) of the 1950 act categorically mandates that direction can be issued for revision in the electoral roll by way of amendment in inclusion and deletion from the electoral roll till the date specified for filing nomination ..... when the provisions of the statute relate to the performance of a public duty and the case is such that to hold null and void acts done in neglect of this duty would work serious general inconvenience, or injustice to persons who have no control over those entrusted with the duty and at the same time would not promote the main object ..... what is mandatory is the requirement of sub-section (3) of section 23 of the 1950 act and not the ministerial action of actual publication of form ..... ambay cements : 2004(178)elt55(sc) , it was ruled that whenever the statute prescribes that a particular act is to be done in a particular manner and also lays down that failure to comply with the said requirement would lead to severe consequences, such requirement would be mandatory.12. in ..... of such concession by forming bogus societies or by excluding a section, of eligible contractors is in public interest. ..... sharma (1996) s.c.c. .....

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

Court : Punjab and Haryana

Reported in : (2008)218CTR(P& H)197; [2008]302ITR66(P& H)

..... the facts and circumstances of the case, the learned income-tax appellate tribunal was right in law in implying that interest and salary to members of an association of persons (aop) were admissible, keeping in view the provisions of section 184(5) of the income-tax act, 1961, even as they stood prior to amendment by the finance act, 2003, with effect from april 1, 2004?3. ..... the order dated november 13, 2003, did not consider the claim of the assessee for deduction of salary and interest paid to the partners in the light of the provisions under section 184(5) of the act in a case where the assessment was made under section 144 yet the effect of the finding of the tribunal in the order dated november 13, 2003, is that the assessee was allowed the deduction of interest and salary paid to ..... the deduction of interest and salary paid to the partners could be disallowed or not in a case where assessment was completed under section 144 and more particularly where such claim of deduction has specifically been allowed by the tribunal or not was highly debatable issue. ..... 135/asr/2000 for the assessment year 1996-97 upheld the order of the commissioner of income-tax (appeals) by relying on the judgment of the rajasthan high court in the case of ..... of the case are that the assessee filed the original return of income on october 31, 1996, in the status of a registered firm. ..... 2004, dated september 19, 2006 (annexure p-6) which has allowed the appeal of the assessee for the assessment year 1996-97. .....

Smt. Sudarshan Chopra and ors. Vs. Vijay Kumar Chopra and ors.

Court : Punjab and Haryana

Reported in : [2003]117CompCas660(P& H)

..... the statement of objects and reasons that the arbitration act 1996, is a consolidating and amending statute through which the legislature repealed the arbitration act, 1940, which in turn and in the same manner, had repealed the arbitration act, 1899, schedule 2 of the code of civil procedure, and clauses (a) to (f) of section 104(1) of the code of civil procedure. ..... 'and from no others', the remedy of appeal, against an order passed by a 'judicial authority' while deciding the claim for reference to an arbitrator made under section 8 of the arbitration act, 1996.38.3 thirdly, on a conjoint reading and comparison of sections 8 and 37 of the arbitration act, 1996, on the one hand, with sections 54 and 57 of the said act, on the other, the legislative intent to exclude the remedy of appeal against an order passed by a 'judicial authority' while deciding a claim for reference to an ..... of this act or the rules made thereunder shall be in addition to, and not in derogation of, the industrial finance corporation act, 1948 (15 of 1948), the state financial corporations act, 1951 (63 of 1951), the unit trust of india act, 1963 (52 of 1963), the industrial reconstruction bank of india act, 1984 (62 of 1984) and the sick industrial companies (special provisions) act, 1985 (1 ..... by the learned counsel for the respondents and more particularly, to overcome the judgments relied upon by him, learned counsel for the appellants has referred to the decision rendered in sundaram finance ltd. v. .....

Narinder Paul Singh Vs. State of Punjab and Others

Court : Punjab and Haryana

..... p-12), following order was passed:- " punjab raj bhawan no.prb-2g-2008 (ptu)/ dated 2.11.2011 in exercise of the powers conferred under section 10( 1) and (2) of the punjab technical university, act 1996 as amended from time to time,the chancellor, punjab technical university, jalandhar is pleased to extend the term of appointment of dr. ..... govt has not made any amendment to ptu act, 1996 pursuant to the ugc, ..... legislation on the subjects of university education and education in technical and scientific institutions falling outside entry 64 of list i as it then read (that is to say, institutions for scientific or technical education other than those financed by the government of india wholly or in part and declared by parliament by law to be institutions of national importance) had to be judged having regard to whether it impinged on the field reserved for the devi anita union under ..... the present case is as to whether extension granted to respondent no.6 as vice chancellor of the university is as per section 10 of the punjab technical university act, 1996 (the act for short). ..... to the terms and conditions of service, an endeavour should be made to give effect to both of the statutes; (2) a daily wager does not hold a post as he is not appointed in terms of the provisions of the act and rules framed thereunder and in that view of the matter he does not derive any legal right; (3) only because an employee had been working for more than 240 days that by itself would not ..... finance ..... finance .....