Judgment Search Results Home > Cases Phrase: finance no 2 act 1998 section 97 power to remove difficulties Sorted by: old Court: patna Page 1 of about 6 results (0.062 seconds)

Sayedabad Tea Co. Ltd. Vs. State of Bihar

Court : Patna

Reported in : AIR1969Pat165; 1969(17)BLJR912

..... refusing to execute the decrees did not go behind them but considered whether the decree-holder has got a right to execute the decree against the state of bihar on the construction of the decree in the light of section 47 of the act and he was right in holding that the state of west bengal will have to be read in the decrees under execution in place of the state of bihar.13. ..... "though the state, after the vesting did not settle the lands in khas possession of the intermediary but the provision is made in the section that such settlement in favour of the ex-intermediary by the state of bihar will be assumed by the words "shall be deemed to be settled by the state" and a new relationship of landlord and tenant between the state of bihar and the ex- ..... "in that case, their lordships of the madhya pradesh high court were construing the effect of sections 84 and 87 of the states reorganisation act in regard to the contract made before the appointed date by the divisional forest officer of rajasthan state and under the terms of the contract a sum of rs. ..... held as follows:"section 87 clearly lays down that where before the appointed day an existing state has made any contract in the exercise of its executive power for any purposes of the state, that contract shall be deemed to have been made in the exercise of the executive power of the successor state, in a case where there is only one successor state. .....

Jamshedpur Cement Ltd., a Company Registered Under the Indian Companie ...

Court : Patna

Reported in : 2009(57)BLJR2248

..... if the unit so wanted to be financed by a nationalized bank then bicico would be obliged to enter into tripartite agreement but it was the option of the unit, nevertheless, which option unit did not exercise. ..... most surprising contention is put forward by the department that because their own officer failed to discharge his statutory duty, the assessee is deprived of his right which the law has given to him under sub-section (2) of section 24. ..... 1 had set up a mini cement plant with the finance made available at jamshedpur. ..... now it was for respondent- bicico to act and communicate the figure on which the payment schedule was dependent but for some undisclosed internal problem it has failed to communicate the final figure, nor did it reject petitioner's application. ..... 2 that the payment, as made by them purporting to be under ots scheme for availing the scheme was not correct or not acceptable or not liable to be acted upon. ..... bicico is a financial corporation established under the state financial corporation act, 1951.2. ..... 1 is the company incorporated under the provisions of the indian companies act, 1956. .....

Harihar Prasad Debuka and Etc . Vs . State of Bihar and ors.

Court : Patna

Reported in : AIR1987Pat175; [1987]66STC178(Pat)

..... . 1432 -- in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act, 1981 (bihar act 5 of 1981) part-i, the commissioner adopts forms xxvi1ia and xxviiib as the declaration for the purpose of the aforesaid sub-section which a person shall carry in respect of goods being transported for the purpose of verification and assessment of tax payable and prescribes the following manners in which such permit shall be utilized ..... , 1985, issued in exercise of the powers conferred by sub-section (2a) of section 31 of the bihar finance act (hereinafter referred to as 'the act') prescribing the declaration form to be carried on a goods carrier or a vessel for transporting goods through the state of bihar during the course of inter-state trade, is violative of the freedom of trade guaranteed by ..... for verification and assessment of tax payable under part i of the said act: ..... amendment thereof was apparently deemed necessary and by section 9 of the bihar finance act, 1984, enforced on the 2nd april, 1984, the present sub-section (2a) was substituted in place of the .....

Hind Tools and Dies (P.) Ltd. Vs. Fourth Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1987)20ITD94(Pat.)

..... section 12 of the finance act, ..... the shed was lying vacant and was not being used when he started housing the new machinery and plant in the shed.the commissioner (appeals) relying on clause (ii) of sub-section (4) of section 80j held that the user must be presumed or implied because predecessor of the company had claimed depreciation on the shed which was on the basis of this view taken by the commissioner ..... supreme court, i hold that the basic fact that the assessee's new unit worked with only borrowed capital has to be taken into account and the claim for relief under section 80j has to be considered, taking this important fact also into consideration, i do not agree with my learned brother that this basic fact cannot now be taken into consideration ..... [1980] 125 itr 361: some of the factors which go to make an undertaking a new industrial undertaking within the meaning of section 15c were stated to be that the new industrial undertaking must produce result, that it should have certain number of workers engaged in manufacturing process carried on by it, ..... difficulties are insurmountable and, therefore, profit cannot be ascertained, that will be a different question in the course of practical application of the section ..... difficulty should not weigh in the true construction of section 15c....in the light of the aforesaid observations, it cannot be held that the true profits earned by the new unit cannot be worked out approximately to enable the assessee to claim deduction under section .....

inspecting Assistant Vs. Parikh Engg. and Body Building Co.

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1989)31ITD1a(Pat.)

..... concentrates in any form are used" (an explanation was appended to this item which is as under :- blended flavouring concentrates shall include and shall deemed always to have included, synthetic essences in any form") (by finance act, 1987 w.e.f. ..... return submitted on 31-12-1981 but it was made in the return filed on 2-7-1988 which was invalid as the time for filing the original return had not been extended ; a revised return under section 139(5) could not have been validly filed as the original return itself had not been submitted under ..... even though, a revised return under section 139(5) can be filed only in respect of a return already submitted under section 139(1) or 139(2) nothing prohibits an assessee from, filing more than one return under section 139(4) for the same asst. ..... , the learned cit(a) viewed that the revised return filed by the assessee should be accepted as valid return under section 139(5) because the assessee had filed several applications in form no. ..... the cit(a) rightly pointed out that by virtue of provisions of section 32a(4) it is not open to the assessee in such circumstances to create necessary reserve in the year in which it earns adequate profit to cover such reserve and this position has also been clarified by the cbdt ..... the cit(a) pointed out that provisions of section 32a(4) entitles the assessee to create necessary reserve in the year in which it earns adequate profits to make reserve and this position has also been clarified by the cbdt in its .....

Wealth-tax Officer Vs. Nand Kumar Pd. Shah

Court : Income Tax Appellate Tribunal ITAT Patna

Reported in : (1992)41ITD406(Pat.)

..... 439, dated 15-11-1985 relating to amnesty scheme under the wealth-tax act is as under: "the finance act, 1985 has rationalised the rates of personal income-tax and corporate tax and has also liberalised the provisions of the wealth-tax act considerably. ..... the words "sup motu" and expression "detection by the department" were used relating to cases of penalties under section 18(1)(c) to convey that benefit of scheme would not be available when concealment or suppression of assets would be discovered through raids or other efforts of the ..... 1-4-1989) provided that a penalty under section 18(1)(a) could be waived if the assessee "has prior to the issue of a notice to him under sub-section (2) of section 14, voluntarily and in good faith made full and true disclosure of his net wealth ..... the wto also issued notices under section 17(1)(a) to the assessee but these were not complied ..... likewise penalty imposed/imposable under section 18(1)(c) could be waived only if the disclosure of concealed wealth was made prior to detection of concealment by the concerned assessing officer.thus waiver of penalty under the above provision is possible on satisfaction of certain ..... the present case the wto had full knowledge of assessee's wealth and had even made ex parte assessment; under section 16(5) before the returns were filed. ..... wto accordingly made ex parte assessments under section 16(5) of the w.t.act. ..... act, the assessee also tailed to comply with the notices issued by the wto under section 16 of the .....

Delhi Cloth and General Mills Co. Ltd. and ors. Vs. the Agricultural P ...

Court : Patna

..... incentives to growers of oilseeds and the manufacturers of oilseeds products and vegetable oils and for providing marketing faci-lities for oilseeds products and vegetable oils;(1) assisting, encouraging, promoting, coordinating and financing agricultural, technological, industrial or economic research on oilseeds, their products and vegetable oils in such manner as the board may deem fit by making use of available institutions;(m) undertaking publicity ..... oil industry and publishing the statistics so collected or portions thereof or extracts therefrom;(j) recommending the setting up and adoption of grade standards for oilseeds and their products and vegetable oils;(k) financing suitable schemes in consultation with the central government and the governments of the states where oilseeds are grown on a large scale, so as to increase the production of oilseeds and to ..... not be deemed to set up, establish or continue or allow to be set up, established or continued a place as a place for the purchase, sale, storage or processing of agricultural produce within the meaning of this section, if the quantity is as may be prescribed and the seller is himself the producer of the agricultural produce offered for sale at such place or any person employed by such producer to transport the same and the ..... supreme court held : 'the control exercised by the central government by virtue of section 18-g of the idr act is in a field far removed from the taxing power of the state under entry 54 of list .....

Nawal Kishore Sharma Vs. Accountant, S.B.i.

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... the complainant write to the secretary to the government of india, ministry of finance on which memorial an enquiry was conducted by the regional manager, region iv, zonal office, state bank of india, exhibition road, patna, who vide his letter no. ..... the theoretical position that every branch has to actas agent for the motor vehicles act is correct but it is also necessary for the transport department to open its account with the branches of the state bank of india for it to function. ..... this is an appeal against the order of the district forum, jehanabad dated 18.1.91 holding that the complainant, appellants before us, was not a consumer as per the definition of section 2 of the consumer protection act, 1986. 2. ..... under the motor vehicles act the complainant claims a compensation of rs. ..... under the circumstances we do not see any reason to interfere with the findings of the district forum that the complaint is not maintainable, the complainant is not a consumer under the consumer protection act, 5. ..... there is, therefore, force in the finding of the district forum that the complainant is not a consumer under the act. .....

Life Insurance Corporation Class I Officers' Sahakari Grih Nirman Sami ...

Court : Patna

..... impounding the sale deed dated 30-3-1987 of the petitioners under section 33 of the stamp act (hereinafter to be referred to as the act) and for restraining the respondents nos. ..... impounding the sale deed dated 19-3-1987 of the petitioners under section 33 of the act (as contained in annexure-5) and also for restraining respondents nos. ..... 15 of 1988 by which section 9-a of the act was further inserted, however, in terms of section 1(3) of the act came into force only with effect from ..... not find any saving clause in respect to section 9-a of the act as introduced by the bihar ordinance no. ..... of 1988) was enacted by the state legislature re-inserting section 9a of the act in terms inserted by the ordinance. ..... show cause (as contained in annexure-2 of both the cases) stating to the effect that section 9a of the act, as inserted by bihar ordinance no. ..... demanding stamps and impounding the documents as the day on which the deeds were presented, the ordinance was in force, the provisions of which would govern notwithstanding its expiry and/or non-retrospective character of section 9-a of the act as inserted by bihar act no. ..... section 2 of the aforesaid ordinance inserted section 9a in the indian stamp act, 1899 providing charges with duty for the instrument executed by or on behalf of or in favour of the society or ..... the said ordinance expired on 19-4-1987 which is evident from the letter sent by the special secretary to the government of bihar, department of finance (as contained in annexure-4). .....

M/S. Amar Medical Hall Vs. Moti Ram, Advocate.

Court : Bihar State Consumer Disputes Redressal Commission SCDRC Patna

..... 26(1) the bihar finance act. ..... the officers of the finance department can look into such collections and their due deposit in the treasury. ..... the collected sales tax has to be deposited in the treasury on behalf of the finance department. .....