Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata appellate Page 3 of about 295 results (0.083 seconds)

Sri Sujit Mukherjee. Vs. Smt. Bela Mukherjee and ors.

Court : Kolkata Appellate

..... the impugned order was passed in ignorance thereof. 19. be that as it may, by not adopting the course of action mandated by section 38(2) of the act, the trial judge has clearly acted illegally in the exercise of his jurisdiction in dismissing the second application filed by the petitioner, thereby refusing to transmit the said agreement to the collector. ..... in a case where the party is not willing or he cannot afford to pay the said sum the court has to adopt the procedure envisaged in section 38(2) of the act. that sub-section is with reference to the action which the trial court is, perforce to adopt under section 33(1) of the ..... has been sent to the collector under section 38, subsection (2), the collector shall, when he has dealt with it as provided by this section, return it to the impounding officer. 14. upon a careful reading of the aforesaid provisions, there can be no doubt whatsoever that the trial judge acted partly legally and partly illegally in the exercise of his jurisdiction .....

Zenith Credit Limited. Vs. Dinesh Kr. Paswan and ors.

Court : Kolkata Appellate

..... short fact is that the petitioner filed the said proceeding for recovery of money advanced with regard to a motor vehicle. the opposite party nos.1 is the hire purchaser and the opposite party no.2 is the guarantor of the said transaction. for non-payment of the money, the petitioner filed the said title suit praying for an award ..... . the opposite party no.2 is the guarantor of the transaction according to the contention of the petitioner. thus, i find that in a proceeding under section 9 of the act of 1996, the party as defined in section 2(h) of the said act has been made the party to the proceeding. section 2(b) of the said act defines what is arbitration ..... of rs.3,57,434/-, declaration that the petitioner is the owner of the said motor vehicle, recovery of possession and other reliefs. during pendency of the said proceedings under section 9 of the act .....

M/S. First Flight Courier Ltd. Vs. Commissioner of Central Excise and ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Kolkata

dr. d.m. misra, j. 1. vide order dated 23.10.2013 this tribunal has directed to the applicant to deposit entire amount of service tax, interest and penalty within a period of eight weeks and report compliance on 27.12.2013. the order was sent to the applicant on 25.10.2013. 2. today when the matter was called, nobody appeared for the applicant, nor any request for adjournment is made. 3. the ld.a.r. for the revenue submits that the applicant has failed to comply with the direction of pre-deposit hence, the appeal is liable for dismissal for non-compliance. 4. we find that the applicant had not complied with the direction of pre-deposit of entire amount of service tax, penalty and interest vide order no.so/71288/2013 dated 23.10.2013. in these circumstances we dismiss the appeal for non-compliance with the provisions of section 35f of central excise act as applicable to service tax matters by virtue of section 83 of finance act, 1994. appeal dismissed.

Peerless General Finance and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)79TTJ(Kol.)915

..... losses of rs. 1,51,520 and rs. 48,977 for the asst. yrs. 1953-54 and 1954-55, respectively. no notice had been served on the company under section 22(2) of the act. the ito held that since the returns had been filed after the statutory period the company was not entitled to carry forward the losses for both ..... to the following year(s) under section 24(2) of the 1922 act, corresponding to the restriction placed under section 80 of 1961 act, w.e.f. 1st april, 1985.24. as pointed out earlier, section 80 of 1961 act belongs to an area of substantive provisions of the act. under the 1922 act there was no restriction corresponding to restrictions placed under section 80 of ..... to be overlooked. as pointed out earlier, their lordships of the supreme court found that there was no restriction under section 24(2) in conflict to the provisions of section 22(3) of 1922 act for the purpose of determination of the loss and for its carry forward and set off to the following year(s). that being so, in my .....

Peerless General Finance and Vs. Jt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)85ITD215(Kol.)

..... losses of rs. 1,51,520 and rs. 48,977 for the assessment years 1953-54 and 1954-55 respectively.no notice had been served on the company under section 22(2) of the act. the income tax officer held that since the returns had been filed after the statutory period the company was not entitled to carry forward the ..... to the following year(s) under section 24(2) of the 1922 act, corresponding to the restriction placed under section 80 of 1961 act with effect from 1-4-1985.as pointed out earlier, section 80 of 1961 act belongs to an area of substantive provisions of the act. under the 1922 act there was no restriction corresponding to restrictions placed under section 80 of ..... to be overlooked. as pointed out earlier, their lordships of the supreme court found that there was no restriction under section 24(2) in conflict to the provisions of section 22(3) of 1922 act for the purpose of determination of the loss and for its carry forward and set off to the following year(s). that being so, in .....

Peerless General Finance and Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)5SOT17(Kol.)

..... also alleged that the assessing officer failed to examine whether tax had been deducted from the payments made to the certificate-holders.there is no dispute to the fact that section 263 of the act permits the cit to revise an order of assessment as being erroneous and prejudicial to the interest of the revenue if the assessing officer ..... of revenue, the learned cit, kol-i, was not justified in passing orders under section 263 on this ground.8. that, without prejudice to ground nos. 1 and 2 above, since the purported show cause letters dated 18-3-2005 and 29-3-2005 referred to only two issues viz., 'return to certificate-holders' to the extent ..... said sum of rs. 657 crores is patently illegal and ab initio void, having infringed the principles of natural justice.(ii) without prejudice to the contentions preferred in para. (1) above, the order passed under section 263 of the act infringes the principles of natural justice also on other logic or grounds. as has been stated earlier, in the .....

Wealth-tax Officer Vs. Gokulchand Bangur

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1984)8ITD738(Kol.)

..... tax assessment is completed, the liability to income-tax has to be computed on the basis of the return filed and the rates of tax stipulated in the relevant finance act. but if the income-tax assessments, in question, have already been completed, the tax quantified through such assessment orders would be the debt. this logic has been ..... order during the pendency of an appeal. now, if the ultimate liability so determined is to be considered for the purpose of allowing a deduction, there is apparently no reason why if the liability is reduced or increased, the deduction shall not vary. in the present case, the refunds were determined even before the assessment orders ..... liabilities may not have been quantified on the relevant valuation dates, the assessees are entitled to claim them as a deduction, if not otherwise, specifically debarred by section 2(m). for example, there is the decision of the calcutta high court in cwt v. bansidhar poddar [1978] 112 itr 957 in which the assessee had made .....

Deputy Commissioner of Income Tax Vs. M.L. Dalmiya and Co. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)100TTJ(Kol.)613

..... (b) seeks to cover any expense, deduction or allowance claimed by the assessee and found to be false. 26.3. the memorandum explaining the provisions of finance act, 2002 is contained in cbdt circular no. 8 of 2002 dated 27^th august, 2002, reported in 258 itr 13 - 57. the relevant portion of the same are reproduced below - "6 ..... the hon'ble calcutta high court and relied on the following judgments :- (i) hindusthan tea trading co. ltd. v. cit reported in 263 itr 289 (calcutta high court), (ii) cit v. nivedan vanijya niyojan ltd. reported in 263 itr 623 (calcutta high court), (iii) cit v. ruby traders and exporters ltd. reported in 263 itr 300 ( ..... income without discussing anything about the merits of addition. (xvi) that the ld. cat (a) erred in observing that, thee share application money amounting to rs. 2,50,00,000/- from five companies during the financial year 1999-2000 cannot be taxed as undisclosed income as the transactions concerned were revealed in the regular books of accounts .....

Ms. Enfield Industries Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... erroneous.as a matter of fact, these two provisions, i.e. sub-section (2) of section 158bfa and the explanation to section 271(1)(c) as inserted by the finance act, 1964, have nothing in common. most importantly, unlike the latter, there is no presumption for concealment in the former. so onus would lie heavily with the department ..... to prove concealment for the purpose of imposing penalty under section 158bfa(2), which is lacking in this case.6.11. ..... as undisclosed income of the appellant, which would qualify for levy of penalty under sub-section (2) of section 158bfa of the act. (viii) that the assessing officer stated that this addition was not challenged by the assessee inasmuch as no appeal was filed against the assessment, meaning thereby, that the amount of rs. 21,50,850 .....

Abn Amro Bank Nv Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)96TTJ(Kol.)1041

..... a-vis the domestic company other than indian company. it is noteworthy that the domestic company is defined under the finance act. for the sake of reference we may quote the definition of the 'domestic company' as per the finance (no. 2) act, 1996. "'domestic company' means an indian company, or any other company which, in respect of its income ..... support of the contention that in the event of conflict between the provisions of dtaa and the it act, the provisions of the dtaa shall prevail. reference was also made to section 90(2) of the it act, 1961, which was inserted by the finance (no. 2) act, 1991, w.e.f. 1st april, 1972, which clearly provides that in the event of ..... conflict between the provisions of the act and the dtaa, the provisions more beneficial to the assessee shall apply. .....