Judgment Search Results Home > Cases Phrase: finance no 2 act 2004 Sorted by: old Court: himachal pradesh Page 1 of about 49 results (0.035 seconds)

Commissioner of Income-tax Vs. Shivalik Hatcheries Pvt. Ltd.

Court : Himachal Pradesh

Reported in : (2009)222CTR(HP)299,2008(2)ShimLC362,[2010]186TAXMAN79(NULL)

..... require a special layout and other features also remains a premises and is not plant.it is to be added that all these decisions are based upon the interpretation of the phrase 'machinery or plant' under section 41 of the finance act, 1971 which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income-tax ..... later on vide finance act of 2003 ..... this itself indicates that prior to the exclusion with effect from 1.4.2004, buildings if specifically constructed and falling within the guidelines of the various authorities referred to here-in-above could be treated as 'plant ..... relevant section to be taken into consideration is section 43 of the act, which provides for depreciation. ..... : [2004]271itr530(ker) , a bench of the kerala high court came to the conclusion that specially designed ponds in which prawns were grown are ..... 1.4.2004 the following words were added at the end of the definition:or building or furniture and fittings ..... following questions of law have been referred for the opinion of this court under section 256(1) of the income-tax act, 1961 (here-in-after referred to as the act):1. ..... a building used for a hotel, specific provision is made granting additional depreciation under section 32(1)(v) of the act. ..... of the case, the tribunal was right in law in holding the poultry sheds and water lines for sheds as 'plant' for the purposes of depreciation allowance and investment allowance under the income-tax act?2. .....

Commissioner of Income-tax Vs. Shivalik Hatcheries Pvt. Ltd.

Court : Himachal Pradesh

..... it is to be added that all these decisions are based upon the interpretation of the phrase 'machinery or plant' under section 41 of the finance act, 1971 which was applicable and there appears no such distinction for grant of allowance on different heads as provided under section 32 of the income-tax act. ..... the following question of law has been referred for the opinion of this court under sections 256(1) of the income-tax act, 1961 (here-in-after referred to as the act):whether on the facts and circumstances of the case the hon'ble tribunal was right in law holding that poultry sheds used for the business of hatching constitute 'plant' for the purpose of granting depreciation ..... later on vide finance act of 2003 w.e.f. ..... this itself indicates that prior to the exclusion with effect from 1.4.2004, buildings if specifically constructed and falling within the guidelines of the various authorities referred to here-in-above could be treated as 'plant'. ..... : 2004 (vol. ..... 1.4.2004 the following words were added at the end of the definition:or building or furniture and fittings.6. ..... of decisions of the hon'ble supreme court in the following cases wherein it has been specifically held that such buildings could not be treated as plant for the purposes of depreciation under section 32 of the income tax act, 1961.2. ..... (3) for a building used for a hotel, specific provision is made granting additional depreciation under section 32(1)(v) of the act. .....

H.P. Tourism Development Corporation Ltd. Vs. Commissioner of Income T ...

Court : Himachal Pradesh

..... it held as follows:we find no merit in these civil appeals filed by the department for the following reasons: firstly, as stated above, section 43-b [main section], which stood inserted by finance act, 1983, with effect from 1st april, 1984, expressly commences with a non-obstante clause, the underlying object being to disallow deductions claimed merely by making a book entry based on merchantile system of accounting. ..... once this uniformity is brought about in the first proviso, then, in our view, the finance act, 2003, which is made applicable by the parliament only with effect from 1st april, 2004, would become curative in nature, hence, it would apply retrospectively with effect from 1st april, 1988. ..... the main question which arises for determination in this appeal is whether omission [deletion] of the second proviso to section 43-b of the income tax act, 1961, by the finance act, 2003, operates with effect from 1st april, 2004, or whether it operated retrospectively with effect from 1st april, 1988? 3. ..... however, as stated above, the second proviso resulted in implementation problems, which have been mentioned hereinabove, and which resulted in the enactment of finance act, 2003, deleting the second proviso and bringing about uniformity in the first proviso by equating tax, duty, cess and fee with contributions to welfare funds. ..... it is true that the parliament has explicitly stated that finance act, 2003, will operate with effect from 1st april, 2004. .....

Cit Vs. Himachal Oxygen (P) Ltd.

Court : Himachal Pradesh

..... tax which existed prior to 2002, which has been done away with for the first time by the finance act, 2002.in para 58, the apex court held as follows:for the reasons stated above, the appeals are accepted and the impugned judgment is set aside, it is held that prior to its amendment by the finance act, 2002, in the absence of any positive income and no tax being levied, penalty for concealment of income could not ..... the comparison of the explanation as it stood before 2002 and after 2002 by itself shows clearly that it is only after the amendment made by the finance act, 2002, that the explanation dealt with the situation of an assessee having returned a loss and where, even after addition of concealed income by the assessee, the end result was still an assessed loss. ..... a bare perusal of these two paras clearly shows that the appellate court has held that after 1976 and prior to the finance act of 2002 coming into force, in the absence of any positive income being assessed, no penalty for concealment of income could be levied. ..... case (supra) held as follows:explanation 4 to section 271(1)(c) as it stood prior to its amendment by the finance act, 2002, requires to be carefully compared with the said explanation as amended by the finance act, 2002. ..... this situation was not dealt with at all by the explanation to section 271(1)(c) as it stood prior to its amendment by the finance act, 2002. ..... : [2004]265itr265(bom) does not lay down the correct law.6. .....

In Re: Gontermann-piepers (India) Ltd.

Court : Himachal Pradesh

Reported in : [2005]57SCL225(HP)

..... judge of the karnataka high court, bifr passed the following order on 27-3-2003 :'the board considered the relevant documents leading to the approval of the scheme of arrangement under sections 391 and 394 of the companies act, 1956 by the hon'ble high court of karnataka vide their order dated 13-2-2003 and also the audited balance sheet for the year ending 30-9-2001 pursuant to the sanction of scheme. ..... or consideration or a sanctioned scheme is under implementation or where an appeal under section 25 relating to an industrial company is pending, then, notwithstanding anything contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial ..... in the present case, the modified scheme of arrangement applied for sanction of this court under sections 391 to 394 of the companies act by the petitioners-companies for demerger of the textile division of 1st petitioner-company to 2nd petitioner-company would amount to transferring the properties, assets, liabilities and all rights and claims whatsoever of the objectors sbi ..... the company is required to make a reference under the provisions of sica to board for industrial finance and reconstruction by 21st february, 2004, i.e. .....

Vidhi Singh Supehia and anr. Vs. H.P. Financial Corporation and anr.

Court : Himachal Pradesh

Reported in : (2005)IILLJ1099HP

..... 1- corporation in law is empowered to take over the unit financed by it when it is satisfied that such unit is committing persistent ..... hearing (sic) learned counsel for the parties, we feel that this writ petition is not maintainable for the simple reason that petitioners can approach the authorities under the industrial disputes act, 1947 for the redressal of their grievances, if any. ..... view of the aforesaid discussion there is no merits in this writ petition and thus it is dismissed, but subject to following observations:that the petitioners can always approach the authorities under the industrial disputes act challenging annexures p-5 and p-6. ..... 14 of 1947 (industrial disputes act), before the labour court and it is pending disposal ..... was engaged from june 14, 1990 to july 26, 1992 and again from january 1, 2000 to february 12, 2004.4. ..... (sic) was engaged from february 1, 1991 to july 14, 1992 and then from january 1, 2002 to: february 12, 2004. ..... they emerge from the record of this case are, that the petitioners were engaged by the respondents as daily rated chowkidars for manning their taken over units under the provisions of state financial corporation act, 19513. ..... services were terminated by the respondent without the compliance of section 25-f of the act. ..... far as the claim for the payment of wages to both the petitioners for the period may 28, 1998 to january 1, 2000 is concerned, action has been initiated by them when they preferred claim petition under section 33-c(2) of act no. .....

Commissioner of Income Tax Vs. United Vanaspati Ltd.

Court : Himachal Pradesh

Reported in : (2008)218CTR(HP)524,[2010]187TAXMAN20(NULL)

..... in the case of an assessee being a company (other than a company engaged in the business of generation or distribution of electricity), the total income, as computed under this act in respect of any previous year relevant to the assessment year commencing on or after the 1st day of april, 1988 (but before the 1st day of april, 1991)(hereafter in this section referred to as the relevant previous year) is ..... (2004) 192 ctr (p & h) 385 : (2005) 279 itr 123 held that non-payment or short payment of advance tax due to computation of income under section 115j of the act attracts the levy of interest under sections 234b and 234c of the act. ..... kotak mahindra finance ltd. ..... various proceedings took place in between but finally, the ao by invoking the provisions of section 115j of the it act, 1961 (hereinafter referred to 'the act') determined the total income at rs. ..... since the advance tax had not been paid the ao levied interest under sections 234b and 234c of the act, in addition to the tax payable. ..... , a company incorporated under the companies act, 1956, filed a loss return. ..... section 115j of the it act reads as follows:115j. ..... been admitted on the following question of law:whether on the facts and in the circumstances of the case, the tribunal, chandigarh bench, chandigarh, was right in holding that no interest under sections 234b and 234c of the it act, 1961 is chargeable where the income is determined by invoking the provisions of section 115j of the it act, 1961?2. .....

Kanhya and anr. Vs. the State

Court : Himachal Pradesh

Reported in : AIR1951HP35

..... under the second portion if an offence under section 19 (f) is committed in any part of india not being a district, province, or place to which the aforesaid provision of act xxxi [31] of 1860 applied at the date when the arms act came into force, previous sanction of the district magistrate for prosecution of a person in respect of the offence is necessary, and that not only where the offence has been committed within three months from the ..... the pistol shall be confiscated to the government and the guns restored to their owners, unless they be not entitled to possess them under the arms act, in which latter case the guns shall also be confiscated to the government. ..... in such places previous sanction of the district magistrate for prosecuting a person under section 19 (f), arms act, was necessary if the offence was committed within three months from the date on which the arms act came into force there, but not thereafter. ..... kanhya s conviction was, therefore, not justified under any provision of the arms act either in respect of the pistol or in respect of the guns.7. ..... if follows, therefore, that no proceedings in chamba district could be instituted against any person in respect of an offence punishable under section 19 (f) arms act, without the previous sanction of the district magistrate. .....

Lal Chand Vs. the Collector of Sirmur and anr.

Court : Himachal Pradesh

Reported in : AIR1952HP16

..... ' the respondents, who were concerned merely with the execution of the precept under section 82, forest act, received from the chief conservator of forests, were therefore nothing but 'minis-terial officers' within the intendment of the above quotation from halsbury ..... is quite immaterial whether the amount for the recovery of which attachment was sought was, or was not, recoverable under section 82 of the forest act, for, as adverted to above, that was a matter into which the respondents could not have gone. ..... on the other hand, the petitioner served a notice upon the secretary finance and development, himachal pradesh government under section 80, civil p. c. ..... subsequently a departmental enquiry was conducted by the secretary finance and development to the chief commissioner himachal pradesh and by the conservator of forests sirmur, and they recorded a finding on 26-6-1951 that a sum of ..... 1285/12/9, and treating it as payable to the government under the indian forest act (xvi of 1927), the chief conservator of forests himachal pradesh moved respondent ..... 1's order, distrained under section 70 of the punjab land revenue act (xvii of 1887) three buffaloes, a bullock and two cows of the petitioner for recovery of the said sum of ..... on 10th, poh, samvat 2004, corresponding to 24-12-1947, the state and the petitioner entered into a contract whereunder the latter was to extract resin and supply the same at a factory on certain terms and conditions, including receipt of commission by the .....

Wazir Chand and anr. Vs. State of Himachal Pradesh and ors.

Court : Himachal Pradesh

Reported in : AIR1952HP35

..... cause has been shown by the respondents, and the pleas taken by them are that the chamba business known as the himachal drug nurseries, is a partnership of the kashmir woods and one bhagwan singh and financed and controlled by the former; that wazir chand has no right, title or interest in the himachal drug nurseries or the goods seized, the alleged transfer of his rights by trilok nath in favour of his own brother, wazir ..... govind laxman', air (36) 1949 bom 229 is still more specific on the point, for it lays down as follows:'under section 45, specific relief act, in order to satisfy the first proviso a party must have some interest in property, franchise or personal right, the injury to which alone would entitle him to maintain a petition under that section. ..... 'and again, while comparing the remedies by way of an application under section 45, specific relief act, and by way of a suit: 'the title which the petitioner or the plaintiff has to establish, the interest which he has got to prove is identical in both cases. ..... the proposition that there is no reason why a person whose right has been infringed should only come to court by way of a suit since filing of suit is not as efficacious a remedy as an application under section 45 of the specific relief act. .....