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Commissioner of Income Tax Vs. Omprakash Bagria (Huf)

Court : Madhya Pradesh

Reported in : [2006]287ITR523(MP)

..... clear from section 34 of the finance act, 2004 quoted above that section 142a shall ..... finance act, 2004, subject to exceptions in the proviso to the said section 142a of the act ..... finance act, 2004 ..... section 34 of the finance act, 2004 inserted a new section 142a in the act. ..... heard, take into account such report in making such assessment or reassessment: provided that nothing contained in this section shall apply in respect of an assessment made on or before the 30th day of september, 2004, and where such assessment has become final and conclusive on or before that date, except in cases where a reassessment is required to be made in accordance with the provisions of section 153a.explanation--in this section ..... sub-section (2), an intimation shall be sent to the assessee specifying the sum so payable, and such intimation shall be deemed to be a notice of demand issued under section 156 and all the provisions of this act shall apply accordingly; and(ii) if any refund is due on the basis of such return, it shall be granted to the assessee:provided that in computing the tax or interest payable by, or refundable to, the assessee, ..... , 2004 when the appeal under section 260a of the act was pending before the ..... , 2004, particularly when the very issue with regard to valuation of the investment made on construction of bagria towers for the purpose of section 69 of the act and for the ..... 2004 but the same has not become final and conclusive and is still pending in the appeal under section 260a of the act .....

Government of Madhya Pradesh Vs. Tax Recovery Officer and ors.

Court : Madhya Pradesh

Reported in : (2008)217CTR(MP)137

..... , 2004 by finance act, 2004 every person who grants lease or licence in respect of any mine or quarry to another person for the purpose of business is required to debit an amount equal to 2 per cent of the total amount payable by the licensee by ..... 206c was incorporated vide finance act of 2004 w.e.f. ..... similarly when the legislative intents for providing scheme for deducting income-tax at source as contemplated under section 206c of the it act is evaluated, it would be clear that every person including the state government which is granting lease is liable to deduct income earned by any person under the lease and deposit it with ..... after evaluating the provisions of article 300 of the constitution of india and after considering the implication of section 13 of the act, the supreme court has considered the question in the following manner:it would not be correct to say that the state is not a constitutional or even juristic entity for the reason that it does ..... that apart inviting my attention to sub-clause (2) of article 289 shri arya submits that imposition of tax, authorized by act of parliament is permissible, as the tax is being recovered at source from the lease holders in the present case, it is argued that the respondents have ..... is found by this court that the state government is required to deduct tax at source on income earned by lease holders as per the scheme of the it act, it is not necessary now to go into other questions that have been canvassed at the time of hearing.20. .....

B.S. Patel Vs. Deputy Commissioner of Income Tax

Court : Madhya Pradesh

Reported in : (2008)215CTR(MP)333

..... 1st april, 2004 by finance act, 2003, but the said omission will have its retrospective effect from the date of insertion of section 43b ibid as has been interpreted by the supreme court ..... provided in the finance act, 2003 itself that omission of 2nd proviso shall come into effect from 1st april, 2004. ..... to section 43b has retrospective operation from the date of enactment of section 43b ibid though inserted in the section at a later date then its omission by finance act, 2003, too will have retrospective effect, i.e. ..... 2nd proviso to section 43b was omitted by finance act, 2003 w.e.f. ..... , 1989 and then omitted by finance act, 2003 w.e.f. ..... since these payments were made by the assessee subsequent to the due date as specified in second proviso to section 43b r/w explanation to clause (va) of section 36(1) of the act and hence, assessee was not entitled to get the benefit of section 43b ibid in relation to these deposits. ..... in other words, the question, as to whether 2nd proviso to section 43b of the act is retrospective in operation or prospective, did not fall for consideration before the supreme court in allied motor's case (supra) and hence this court cannot accept the submission ..... -notwithstanding anything contained in any other provision of this act, a deduction otherwise allowable under this act in respect of-(a) any sum payable by the assessee by way of tax, duty, cess or fee, by whatever name called, under any law for the time being in force, or(b) any sum payable by the assessee as .....

Ramesh Singh Vs. Subhash Singh and ors.

Court : Madhya Pradesh

Reported in : 2009ACJ1510

..... appellant is unable to perform his duties so the appellant should have been granted compensation treating him to have lost 100 per cent earning capacity, rendering to the definition of total disablement as indicated in the workmen's compensation act and placing reliance on various judgments it was argued that as the appellant is found to be unable to perform his duties, he was entitled for grant of full compensation treating him to be completely disabled to perform the ..... decided on 13.2.2007 is relevant, which reads as under:(9) now, coming to the question of granting 100 per cent compensation, total disablement is defined under section 2 (1) (1) of the workmen's compensation act, 1923, which means such disablement, whether of a temporary or permanent nature for all work which he was expected of performing at the time of accident. ..... swaran singh : 2004 acj 1 (sc), it is held that the insurance company is liable to indemnify the insured and in the event of finding breach of policy only, recover the amount of compensation from the ..... : 2004 acj ..... swaran singh : 2004 acj 1 (sc) ..... swaran singh : 2004 acj 1 (sc), the liability of the insurance company is to satisfy the award in favour of the third party at the first instance and then to recover the awarded amount from the ..... : 2004 acj 785 (sc), wherein it was held that the insurer has to prove that the insured was guilty of negligence or failed to exercise reasonable care in the matter of fulfilling the condition of the policy regarding .....

Keshav Pulses Vs. Commissioner of Income Tax and anr.

Court : Madhya Pradesh

Reported in : (2006)204CTR(MP)482

..... it cannot be disputed that a particular addition/deletion when made is a question of fact and depending upon the explanation offered by assessee under section 68 of the act, the ao and/or cit(a) and lastly, by tribunal as a last court of appeal so far as facts are concerned may accept the same. ..... in short, the question that arises for consideration in this appeal is, whether this appeal involves any substantial question of law as is required to be made out under section 260a of the act that being the pre-requisite for admission of appeal.4. ..... 84 of 2004) is concerned, the same arises out of an order passed by tribunal in this very case rejecting assessee's application under section 254 of the act for rectification made after the dismissal of appeal by impugned order. ..... the assessee has, therefore, come up in appeal (14 of 2004) before this court. ..... this is an appeal filed by the assessee under section 260a of the it act against an order dt. ..... , 2004 (annex ..... 84 of 2004) before the tribunal stating therein that during hearing before the tribunal 'an understanding was given by the hon'ble members of tribunal' that case shall be remanded to ao and hence, the impugned order dismissing the ..... , 2004 (annex ..... 84 of 2004, because both these appeals arise between the same parties, i.e ..... such issue as observed supra, does not involve any question of jurisdiction, entitling this court to invoke its jurisdiction conferred under section 260a of the act. ..... it is legally permissible under the it act (s. 68/s. 69). .....

Parbhudas Kishoredas Tobacco Products Ltd. and ors. Vs. Union of India ...

Court : Madhya Pradesh

Reported in : (2009)20VST853(MP)

..... any action taken or anything done or purported to have been taken or done at any time during the period commencing on and from the july 16, 1997 and ending with the day, the finance act, 2000, receives the assent of the president shall be deemed to be valid and always to have been valid for all purposes, as validly and effectively taken or done;(ii) any service tax refunded ..... and (xvii) of clause (d) of sub-rule (1) of rule 2 of the service tax rules, 1994 before the date on which the finance act, 2000 receives the assent of the president, shall be recoverable within a period of thirty days from the date on which the finance act, 2000 receives the assent of the president, and in the event of non-payment of such service tax refunded within this period, in addition ..... --during the period commencing on and from the july 16, 1997 and ending with the october 16, 1998, the provisions of chapter v of the finance act, 1994 shall be deemed to have had effect subject to the following modifications, namely:(a) in section 65,--(i) for clause (6), the following clause had been substituted, namely:(6) ' ..... 1999ecr53(sc) , held that the provisions of rule 2(d)(xii) and (xvii) of the rules as amended in 1997 are ultra vires the finance act, 1994 as far as they made persons other than clearing and forwarding agents responsible for collecting the service tax or the goods transport operators ..... union of india : [2004]267itr9(sc) wherein in paragraphs 56 to 58 their lordships have held as under : (page ..... 2004 .....

Jharneshwar Nagrik Sahakari Bank Vs. Union of India (Uoi) and ors.

Court : Madhya Pradesh

Reported in : (2005)198CTR(MP)345; [2006]280ITR339(MP)

..... 1 to 3 contending that search operations under section 132(1) of the it act were carried out at banking premises at 113, berasia road, bhopal, on 21st feb ..... search operations were carried out because of the reason that m/s shalimar housing & finance ltd. ..... simultaneously, survey operations under section 133a of it act were also carried out at bairagarh branch, bhopal ..... cit, in exercise of power under section 142(2a) of it act directing the petitioner to get the accounts audited by auditor/respondent no. ..... transactions had to be enquired into of shalimar housing and finance ltd. ..... of 'benami transaction' made by the shalimar housing and finance ltd. ..... cases of shalimar housing & finance ltd. ..... audit was held to be based on objective consideration when voluminous record of the textile mills of number of branches, has to be looked into, it was held that direction to make the audit by auditor appointed under section 142(2a) of it act, justified in swadeshi cotton mills co. ..... order to gain the limitation, power under section 142(2a) of it act has been exercised. ..... the provision of section 158bc of it act, undisclosed income is assessed. ..... 503/2004 in the high court of judicature at mumbai, which is pending ..... 2004 ..... 2004 ..... 2004 ..... , 2004, against which shri sanjay mirchandani has filed a writ petn. no ..... 2004 ..... , 2004 respondent ..... , 2004 initiated assessment proceedings by issuance of notice under section 158bc ..... 2004 ..... , 2004 was issued under section, 158bc by respondent no ..... , 2004 passed by respondent no ..... , 2004 passed by .....

Jharneshwar Nagrik Sahakari Bank Maryadit Vs. Union of India

Court : Madhya Pradesh

Reported in : (2006)198CTR(MP)345

..... under section 127 was passed by the cit mumbai on 16-2-2004, against which shri sanjay mirchandani has filed a writ petition ..... to 3 contending that search operations under section 132(l) of the income tax act were carried out at banking premises at 113, berasia road, bhopal, on ..... -tax in exercise of power under section 142(2a) of income tax act directing the petitioner to get the accounts audited by auditor/respondent no. ..... simultaneously survey operations under section 133a of income tax act were also carried out at bairagarh branch, bhopal, survey operations on 21-2-2002 were done, arera colony branch, bhopal, bhel indrapuri branch, bhopal, new ..... the fag end of the period of limitation on 6-1-2004 initiated assessment proceedings by issuance of notice under section ..... to be enquired into of shalimar housing and finance ltd. ..... case there is an allegation of 'benami transaction' made by the shalimar housing and finance ltd. ..... shalimar housing & finance ltd. ..... &finance; ..... based on objection consideration when voluminous record of the textile mills of number of branches, has to be looked into, it was held that direction to make the audit by auditor appointed under section 142(2a) of income tax act, justified in swadeshi cotton mills co. ..... section 142(2a) of income tax act reads thus:'(2a) if, at any stage of the proceedings before him, the assessing officer, having regard to the nature and complexity of the accounts of the assessee and the interests of the revenue, is of the opinion that it is necessary .....

Ravi Prakash Bhargava and Others Vs. State of M.P. and Others

Court : Madhya Pradesh

..... bodies of the universities as may be constituted from time to time; (b) the terms and conditions of appointment of the vice-chancellor and his powers and functions ; (c) the terms and conditions of appointment of the registrar and chief finance and accounts officer and their powers and functions ; (d) the terms and conditions of appointment of other officers and members of the faculty and their powers and functions ; (e) the terms and conditions of service of employees ..... state of chhattisgarh enacted an act named as chhattisgarh niji kshetra vishwavidyalaya (sthapana aur viniyaman) adhiniyam 2001 (hereinafter referred to adhiniyam of 2001 ), an act to provide for the establishment of self financed private universities for imparting higher education. ..... raman university, raipur, chhattisgarh for the years 2004-05, 2005-06, 2006-07, and 2007-08. ..... as per the aforesaid act, there shall be a chancellor, vice chancellor, registrar and other officers of the university and board of management. ..... 20.7.2004. .....

Janak Gandhi Vs. Mohan Mandelia and Two ors.

Court : Madhya Pradesh

Reported in : III(2005)BC533; 2005(1)MPHT5

..... the main contention raised by the counsel for the petitioner is that as per the allegations made in the complaint the offence under section 138 of the negotiable instruments act is not made out and, therefore, the said proceedings should be quashed as even if the allegations in the complaint are taken to be true the present petitioner can not be convicted for committing ..... a complaint under section 138 of the negotiable instruments act on 11-6-2004 against the present petitioner and other co-accused. ..... bombay high court has not considered impact of section 94 of the act, the said judgment as per incuriam and docs not help the present ..... , bombay high court has held that service of notice by fax is not sufficient to constitute demand under section 138 of the negotiable instruments act and the demand must be in writing and by registered post. ..... is responsible for conduct of the business of the company and therefore, in view of section 141 of the negotiable instruments act is liable for the offence committed on behalf of the company.7. ..... finance company ..... finance company ..... petitioner submits that in absence of notice by registered post the proceedings under section 138 of the negotiable instruments act can not continue against him. ..... section 141 of the negotiable instruments act provides that if a cheque is issued on behalf of a company, every person who, at the time of the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company, .....