Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata Page 100 of about 2,866 results (0.081 seconds)

Bhagawati Prosad Himatsingka and anr. Vs. State of West Bengal and ors ...

Court : Kolkata

Reported in : (1998)145CTR(Cal)380

..... and to proceed with the same within the meaning of s. 5a(1) of the prevention of corruption act. the supreme court also set aside the order awarding costs in favour of respondent no. 1 to be paid by respondent no. 2. the supreme court held in paragraph 115 of the report that the mala fide exercise of power will assume ..... significance only if an authority acts for an unauthorised purpose and that the proper test to be applied in ..... of the provisions of chapter xviii-b of the it act, 1961, within the stipulated time, the firm had committed an offence punishable under the subject charging section and that accused nos. 2 and 3 being managing partner and partner of accused no. 1 were responsible for the day-to-day business of accused no. 1 and, therefore, all the three accused are .....

North British and Mercantile Insurance Co. Vs. Re.

Court : Kolkata

Reported in : [1937]5ITR349(Cal)

..... language is too wide to permit of so restricted a construction. it may be that the words are intended to make it clear that the assistant commissioner has no power to act of his own motion but must have an appeal before him.there is more to be said for the argument that when what is appended against is an assessment ..... 1934-35 have been made in accordance with the final assessment for 1932-33 after enhancement by the assistant commissioner.the commissioner has been required under sec. 66(2) of the act to refer certain questions of law to this court and he has referred four questions. three of these are concerned with the assessments for the years 1932-33, ..... deductions could not be said to be made in accordance with the act, and therefore section 18(5) had no application. for, although sec. 18 is not part of chapter iii, the words 'income chargeable under the head of interest on securities' in section 18 (2) must have reference to the classification in section 6.this would have been a most .....

Burn Standard Co. Ltd. Vs. Assistant Collector of C. Ex.

Court : Kolkata

Reported in : 2006(2)CHN427,2006(197)ELT165(Cal)

..... rigs chargeable to duty it was necessary to include the said areas and to declare the same to be designated areas. the view of the ministry of finance as stated earlier is binding on the department. the department, thus, has ignored the aforesaid binding circular by issuing the impugned show cause notice in spite ..... the continental shelf or any part including any designated area under sub-section (5) of the said act. by circular dated september 28, 1994 the central government, ministry of finance, classified that the provisions of customs act could not be made applicable to the area of exclusive economic zone unless legislations are specifically made applicable ..... exemption notification no excise duty is leviable as the goods were exported. he contends, admittedly, that the goods were sent and despatched to the 'ed' and 'ee' platforms, which are situated on the high seas more than 200 nautical miles (250 kms) beyond the territorial water of india. section 2(18) of the customs act defines the .....

Wealth-tax Officer Vs. Sarla Debi Birla

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1987)21ITD302(Kol.)

..... not apply to the cases relating to the assessment years 1969-70 to 1971-72. it will no doubt apply to the assessment year 1972-73. but as we have just pointed out ..... of 'property'. it only speaks of assets which is defined under section 2(e) of the act. so, for interpreting the provision of section 4(1)(a)(ii) we cannot look to the definition of the expression 'property' as given in explanation (c). moreover, this explanation was inserted by the finance (no. 2) act, 1971 with effect from 1-4-1972 and, therefore, it will ..... under section 17. she denied that any wealth had escaped assessment. the wto was of the view that in accordance with the provisions of section 4(1)(a)(ii) of the act, the value of the gifted asset, which on the valuation date, was held by the minor daughter of the assessee is to be included in the net .....

income-tax Officer Vs. Leonhardt Andra Und Partner

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1987)21ITD607(Kol.)

..... this country. the term 'royalty' has not been defined in the agreement. it has been defined in the explanation 2 to section 9(1)(vi). there is no dispute that sub-sections (v) to (vii) with the explanation were inserted by the finance act, 1976 w.e.f. 1-6-1976 whereas the agreement came into effect from 13-9-1960. so there cannot ..... before the lower authorities the income under the 1980- agreement was royalty within the meaning of sections 9(1)(vi) and 115a(1)(ii) of the act. on a consideration of the materials on record, we also have no doubt that the said income was such royalty.10. it was further contended by the authorised representative for the assessee that under the ..... be any doubt that the definition of 'royalty' as given in explanation 2 to section 9(1)(vi) of the act was not in the .....

S.P. Jaiswal Estates (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1992)41ITD342(Kol.)

..... quantum of advance-tax during the financial year. it is worthwhile to reproduce the provision of section 209a which has come into effect from 1-6-1978 by virtue of finance act, 1978: 209a. computation and payment of advance lax by assessee.- (1) every person shall, in each financial year [on or before the date] on which the first instalment, or where ..... interest of rs. 4,34,727 under section 215. in the appeal against the said assessment the cit(a) held at para 14 of his appellate order dated 14-2-1983 in appeal no. 142/ cit(a) c-i/82-83 that at the time when the estimate of advance-tax was filed the assessment of the assessee for assessment year 1976 ..... all chargeable and he, therefore, deleted the same. against that order of the cit(a) dated 14-2-1983 the department came up in appeal before the tribunal. the tribunal discussed the issue in detail in its order dated 8-11-1985 in ita no. 192(cal.)/1983 and held that appeal against the charging of interest under section 215 was maintainable .....

Asstt. Cit Vs. Champdany Industries Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)95ITD169(Kol.)

..... park laboratories ltd v. assistant commissioner (1995) 212 itr (at) page 1.no such explanation as given by the assessee for the first time vide its letter dated 17-2-1998 in response to the assessing officer's notice issued under section 154 of the act on 19-9-1997 was ever given by the assessee during the assessment proceedings originally ..... of fresh materials in the course of assessment of next year. it is not a case of mere change of opinion.- ess ess kay engg. (p.) ltd v.citpeerless general finance & investment co. ltd. v.dy. cit (2002) 258 itr 160 (cal.), it was held by hon'ble jurisdictional calcutta high court as under:- "head notes.-the assessee used ..... section 148 by the assessing officer is legal and valid. since the id.cit (a) did not decide the additions or disallowances as raised by the assessee in ground nos. ii and iii in the appeal filed before him, on merit, we restore the matter to him with a direction to dispose the same on merit after giving reasonable opportunity .....

Asstt. Cit Vs. Balarampur Chini Mills Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2007)109ITD146(Kol.)

..... 8-2005 issued by the cbdt makes it clear that fringe benefit tax is an allowable deduction in the computation of book profit under section 115jb of the act while dealing in question no. 103, a copy of which is also available on record, in our considered opinion, the learned commissioner (appeals) has rightly treated the tax on profit ..... is basically provision for income-tax payable arising out of timing difference and, therefore, same is very much within the scope of explanation to sub-section (2) of section 115jb of the act and, therefore, deferred tax charge is based on the line of income-tax payable, and is required to be adjusted for arriving at the book profit ..... tax act, 1961 citing cbdt's circular no. 8 dated 29-8-2005 without considering the fact that tax on fringe benefit is a charge on business expense and tax on dividend under section 115-o is not a charge on business expense, and, therefore, not allowable to determine book profit under section 115jb of the income tax act, 1961.2. .....

Varas International (P) Ltd. Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Kolkata

..... tribunal (a) whether, on the facts and in the circumstances of the case and on a correct interpretation of the amendment made by the finance act, 1988 to the section 43b(a) of the income tax act, 1961 which has been explained as clarificatory of legislative intention by the explanatory notes issued by the government, the tribunal was justified in law ..... of country liquor after importing the same from outside the west bengal. he invited our attention to section 43b and submitted that the provision was inserted by the finance act, 1983, with effect from 1-4-1984 and has enacted a deeming fiction whereby certain expenses can be allowed only on payment basis even if allowable under the ..... 6 of the excise rules cannot be construed as the fee used in section 43b(a) of the income tax act, 1961? (c) whether prejudice to question nos. (l) and (2) above, whether onthe facts and in the circumstances of the case and a correct interpretation of the income-tax law and the state excise law, the tribunal was .....

Joint Commissioner of Income Tax, Vs. I.T.C. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)112ITD57(Kol.)

..... payment has been made otherwise than in cash, the sum has been realized within fifteen days from the due date.the above second proviso has been omitted by the finance act, 2003 with effect from 1.04.2004 and the special bench, chennai in the case of kwality food products reported in 100 itd 198 has held that such amendment ..... by the finance act, 2003 is retrospective in nature. however, the hon'ble chennai high court in the case of cit v. synergy financial exchange ltd. (supra) has held that deletion of ..... of the payment were made beyond the due date (including grace period) as prescribed in those act and, therefore, there was no question of any disallowance either under section 43b(b) or under section 36(1)(va) read with section 2(24)(10) of the act. however, he was unable to state that whether such details of payments, which are available at .....