Array ( [0] => ..... income envisaged under the single item 74a(2)(c).9. the decisions on the effect of loss incurred in owning and maintaining race horses are of no aid since such decisions are concerned with the question in the context of the law that prevailed before the insertion of section 74a by the finance act, 1972, having effect from april 1, ..... recurring nature exempt under section 4(3)(vii) of the act. after the insertion of section 74a of the income-tax act, 1961, the law has altogether changed, rendering such decisions irrelevant.10. the finance act, 1972, in the first instance, inserted a new item in the enumeration of income in section 2(24) by inserting clause (ix) therein. it has ..... income except his winnings from races nor is it allowed to be carried forward to be set off against income from any source in any subsequent year. the finance act, 1974, has amended section 74a so as to provide that the losses incurred by owners of race horses in the activity of owning and maintaining such horses, ..... [1] => ..... , take proceedings for recovery. for determining the income-tax payable on declaration of income contemplated under section 24 of the finance (no. 2) act, 1965, which is accepted unless thereis a proceeding under sub-section (4), there is no scope for any hearing of appeal. accordingly, the direction in the impugned judgment on the authorities of department ' to ..... and rejected by the tax recovery officer. it was held that the notice of demand under the income-tax act, 1961, for the assessment year 1965-66 and the notice of demand under the finance (no. 2) act of 1965 were in respect of separate and distinct liabilities and as such it could not be said that the ..... had abated. 7. it may be relevant to consider the relevant provision's of the finance (no. 2) act of 1965. section 24 makes a provision for voluntary disclosuresof income chargeable to tax under the indian income-tax act, 1922, or the income-tax act, 1961, for any assessment year prior to the assessment year 1965-66, for which ..... [2] => ..... of the relevant expense would produce a figure close to the amount of the ordinary school fees.the relevant statutory provisions are to be found in chapter ii of part iii of the finance act 1976, in particular, sections 61 and 63. those two sections have now been replaced, with amendments immaterial for present purposes, by sections 154 and ..... p. 652, per lord reid, at p. 655, and per viscount radcliffe at p. 656. similarly, in my judgment, the wording of section 63(2) of the act of 1976 leaves no room for the introduction of the concept of purpose or motive. under that wording the simple question which has to be answered is : 'what is the amount ..... the relevant benefit ?' the purpose or motive of the employer in incurring the expenditure is irrelevant.this being the question which that wording poses, i likewise see no justification for reading it as if it had required the ascertainment of the expense incurred in implementing the decision to provide the benefit. the wording of the subsection ..... [3] => ..... should be carried forward under sub-s. (1) of s. 72, or sub-s. (2) of s. 73, or sub-s. (1) or sub-s. (3) of s. 74 inserted by the finance act, 1972, w.e.f. 1st april, 1975, or sub-s. (3) of s. 74a ..... relied on r. 11 of the income-tax (appellate tribunal) rules, 1963, and submitted that if it is felt that the ground no. 2 before the cit(a) that loss ought to have been carried forward as the firm has filed the return within statutory time, remains undecided ..... decisions on which reliance has been placed by the assessee are not applicable to the instant case at all and, therefore, there is no question of favouring the assessee with the interpretation being in favour of the assessee. our view gets full support from the m. p ..... r. n. sinha on the other hand vehemently argued and strongly supported the orders of the revenue authorities. according to him there is no ambiguity in taxing provisions and they are not capable of more than one interpretations and, therefore, the orders of the ao and the ..... [4] => ..... should be carried forward under sub-s. (1) of s. 72, or sub-s. (2) of s. 73, or sub-s. (1) or sub-s. (3) of s. 74 inserted by the finance act, 1972, w.e.f. 1st april, 1975, or sub-s. (3) of s. 74a ..... relied on r. 11 of the income-tax (appellate tribunal) rules, 1963, and submitted that if it is felt that the ground no. 2 before the cit(a) that loss ought to have been carried forward as the firm has filed the return within statutory time, remains undecided ..... decisions on which reliance has been placed by the assessee are not applicable to the instant case at all and, therefore, there is no question of favouring the assessee with the interpretation being in favour of the assessee. our view gets full support from the m. p ..... r. n. sinha on the other hand vehemently argued and strongly supported the orders of the revenue authorities. according to him there is no ambiguity in taxing provisions and they are not capable of more than one interpretations and, therefore, the orders of the ao and the cit ..... [5] => ..... the company shall not carry on any business of banking as defined by the banking regulation act, 1949, or any statutory modification thereof. 5. to manage investment pools, mutual funds, syndicates in shares, stocks, securities, finance and real estate.'2. as the said company was a non banking financial company it was to obtain necessary ..... : -'45-ia. requirement of registration and net owned fund.--notwithstanding anything contained in this chapter or in any other law for the time being in force, no non-banking financial company shall commence or carry on the business of a non-banking financial institution without - (a) obtaining a certificate of registration issued under ..... requirement of the net owned fund, inform the bank about such fulfillment; provided that the period allowed to continue business under this sub-section shall in no case exceed six years in the aggregate.(4) the bank may, for the purpose of considering the application for registration, require to be satisfied by an ..... [6] => ..... excluding any sizing material expressed as the number of 100 metre hanks per one half kg.(2) for multiple-fold yarn, 'count' means the count of the basic single yarn.(j) by the said finance bill/ act the residuary item namely, item 18e was inserted in the said first schedule. the description ..... contents in the yarn manufactured by the petitioner with blended yarn blended with cellulosic fibre it was classified under item 18a, as there was no residuary item for classification of such blended yarn and also according to the respondents such blended yarn was known in the trade as cotton yarn ..... 8. the description of the products under items 18 and 18a of the first schedule at all material times were as set out hereinbelow : --------------------------------------------------------item no. description-------------------------------------------------------18. rayon and synthetic fibresand yarn. explanation : 'rayon and synthetic fibresand yarn' shall be deemed to include man made fibre and yarn made ..... [7] => ..... grey yarn (excluding any sizing material) expressed as the number of 100 metre hanks per one half kg.(2) for multiple-fold yarn, 'count' means the count of the basic single yarn.(j) by the said finance bill/act the residuary item namely, item 18e was inserted in the said first schedule. the description of the said ..... and well established that by any trade notification or by any executive order the said changes cannot be brought about in a statute. the respondents submission that no technical construction should be given but an ordinary construction, popular in common parlance, as also in the commercial world should be given so that the products manufactured ..... in this country the new item has been introduced. the manufacture of the petitioner could not satisfy the description as given in 18 and 18a. there is no reason why, the product which is composed of mixed items, should be considered to be the one consisting of materials which predominates. hence although the products manufactured ..... [8] => ..... the penalty imposed on the assessee below the minimum prescribed under section 271(1)(iii) of the income-tax act, 1961. we answer question no. 1 in the negative in favour of the revenue. question no. 2 is answered in the affirmative and in favour of the revenue.72. each party will bear his own costs.sabyasachi ..... 253(1)(b) an assessee may appeal to the appellate tribunal against an order passed by the inspecting assistant commissioner under section 274(2). equally no doubt, section 254(1) of the act gives the appellate tribunal the power to 'pass such orders thereon as it thinks fit'. the expression 'such orders as it thinks fit ..... different proceedings which he describes as : (1) the assessment proceedings and (2) the penalty proceedings. his argument suggests that they are two independent and entirely different proceedings. no water-tight distinction of this nature appears possible in the scheme of the act. it will be unnecessary to discuss the old controversy whether penalty is an ..... [9] => ..... service or different from its usual service to the members so that service tax can be imposed. he called upon the court to go through the relevant portions of the finance act, 1994. section 65 sub-section (19) gives the meaning of the word 'mandap' which means :'(19) 'mandap' means any immovable property as defined in section 3 ..... a case of transaction between, two parties. therefore, principally there should be existence of two sides /entities for having transaction as against consideration. in a members' club there is no question of two sides. 'members' and 'club' both are same entity. one may be called as principal when the other may be called as agent, therefore, such transaction ..... club in using the space as mandap or not.10. he cited various judgments in support of his contentions. from 1970 (xxvi) sales tax cases 241 (harbour division-ii, madras v. young men's indian association madras, and ors.) it has been found that the six judges bench of the supreme court held that if a members' ..... [10] => ..... which the assets were used by them. he also drew our attention to a circular no.762 dated 18th february, 1998 issued by the cbdt in connection with finance (no.2) act, 1996 explanatory notes on provisions relating to direct taxes. he relied on paragraph 23.2 of the aforesaid circular, which reads as follows: the third proviso to sub-section ( ..... of the block of assets. the expression written down value has been defined in sub-section 6 of section 43 of the act. he drew our attention to explanation 2 below clause [c].(ii) which reads as follows: [explanation 2. where in any previous year, any block of assets is transferred, (a) by a holding company to its subsidiary ..... order sheet in the high court at calcutta special jurisdiction [income tax].original side ita no.371 of 2004 hindustan lever ltd.versus commissioner of income tax, kolkata ii, kolkata& anr. before: the hon'ble justice girish chandra gupta the hon'ble justice sudip ahluwalia date : 26th february, 2014. for appellant : mr.j.p. ..... [11] => ..... include cases where the total income computed by the ao is a negative figure." with effect from ist october, 1998 another amendment was made to the section by the finance (no.2) act, 1998 enhancing the fees for filing the appeals. sub-section (6) to section 253 was amended to read as under: "(6) an appeal to the tribunal ..... of the above clause, which may be called hereinafter as the residuary clause was explained by central board of direct taxes circular no. 779 dated 14^th september, 1999 in the following words: "(i) the finance (no. 2) act, 1998, introduced a scale of fees for filing appeals before the cit(a) and also enhanced the existing scale of fee ..... payable before the tribunal under various direct tax acts. the fee payable under the it act both before the cit(a) and the tribunal is relatable to ..... [12] => ..... turnover", the same would be unjust and would lead to absurd results. in this connection, he refers to the memorandum explaining the provisions in finance (no. 2) bill, 1991. it may be mentioned in this connection that the aforesaid finance (no. 2) act, 1991 also inserted another clause (baa) to the aforesaid explanation to section 80hhc with effect from 1-4-1992 defining "profits of business", which ..... sum referred to in clauses (iiia), (iiib) and (hid) of section 28. this particular clause (bb) was, however, omitted by the finance (no. 2) act, 1991 with effect from 1 -4-1991 itself. in its place, another clause (ba) was inserted by the finance (no.2) act, 1991 with retrospective effect from 1-4-1987, which reads as below :-- "(ba) 'total turnover' shall not include freight or insurance ..... [13] => ..... commercial taxes, special cell, respectively cancelling the eligibility certificate issued to the respondent no.2 herein under section 39 of the west bengal sales tax act, 1994, hereinafter referred to as the 'said act' with retrospective effect.2. the respondent no,2 is carrying on business under the name and style of m/s. adarsh polymers ..... chhabra electric store v. the chief commissioner delhi (1972 (30) stc page 85) wherein it was held that the scheme of the bengal finance (sales tax) act, 1941, as extended to delhi, did not warrant the giving of retrospective effect to an order of cancellation of the certificate of registration of ..... learned tribunal.29. rule 101 of the west bengal sales tax rules, 1995, whereunder the assistant commissioner of commercial taxes acted in cancelling the eligibility certificate issued to the respondent no. 2, reads as follows :-'101. cessation of validity of certificate of eligibility.- where the deputy commissioner or assistant commissioner is satisfied ..... [14] => ..... an investment in the hands of the gramophone company and so to be excluded from its profits for the purpose of determination of excess profits tax. under the finance (no. 2) act, 1939 section 12(1) tax had to be paid on the excess of profits over the standard profits in respect of the chargeable accounting period. schedule vii to ..... in the relevant previous year. as the company in this case does not have a share capital it was not entitled to the benefit of the rebate granted by the finance act.11. the answer to both the questions must, therefore, be in the affirmative and against the assessee who will pay the costs of this reference.masud, j. 12. ..... such moneys between the constituent members amounted to application of the income which did not preclude its taxation.6. on the second question the tribunal held that under the finance acts in force during the two assessment years super tax was chargeable on the total income of the company at a fixed rate but those companies which had made the ..... [15] => ..... 8.1 per cent. per annum was fixed in consultation with the government of india, ministry of finance, department of economic affairs, new delhi.2. it is the contention of the petitioner that the interest so payable by petitioner no. 1-company is exempted from income-tax in accordance with the provisions of sub-clause (iv)( ..... the aforesaid prayer of the petitioner-company for such exemption under the aforesaid provisions of the income-tax act, 1961, has rightly been rejected, inasmuch as by no stretch of imagination it should be said that petitioner no. 1-company which is really a medical diagnostic centre is carrying on processing of goods within the meaning ..... c) of clause (15) of section 10 of the income-tax act, 1961, and claiming such exemption, the petitioner wrote to the government of india, ministry of finance ..... [16] => ..... ship is not in india, the owner of the ship shall pay such amount of compensation as he would have been liable to pay under the workmen's compensation act, 1923, being act no. viii of 1923 of the indian legislature, as amended from time to time, if the accident had occurred within india and it is further agreed that in the ..... indirect result such as that it was caused by brooding over an accident or worrying over the inability to work. in dixon v. sutton heath and lea green colliery ltd (no. 2), reported in (1930) 23 bwcc 135 the, various decisions of the court have been summarised in the following way :'if you can find that there is, as a result ..... last minute attempt was made by mr, sanyal appearing for the respondent claimant to rely on two cases -- (i) chillu kahar v. burn and co. ltd., howrah, : (1953)iillj202cal and (ii) vishram yesu v. dadabhoy hormasji and co. air 1942 bom 175. these two cases do not help the respondent claimant. all that the calcutta case holds, is that a series ..... [17] => ..... be attracted to levy and collection of cess under section 9(1) of the act 65 of 1951 read with the jute manufactures cess rules, 1976. the government of india, ministry of finance, department of revenue and insurance by notification no. 56/72-c.e., dated 17-3-72, had exempted jute, twine, ..... of reconstruction of companies under chapter iiiac.(vi) control of supply, distribution and price of certain articles under chapter iiib etc.12. the chapter ii of the act 65 of 1951, inter alia, contains provisions for establishment and constitution of the central advisory council and development councils. the central government under section ..... and power to revoke such registration.(b) licencing of new industrial undertakings.(c) licence for producing or manufacturing new articles.(d) powers to cause investigation.(ii) direct management or control of industrial undertakings by the central government in certain cases mentioned in chapter iiia.(iii) management or control of industrial undertakings ..... [18] => ..... produced in india. -(1) there shall be levied and collected by way of cess for the purposes of the jute manufactures development council act, 1983 on every article of jute manufacture specified in column 2 of the schedule and produced in india a duty of excise at such rate not exceeding the rate specified in the corresponding entry in column ..... is specified by the central government, the duty of excise shall be levied and collected at the rate specified in the corresponding entry in column 4 of the schedule.(2) the duty of excise levied under sub-section (1) shall be in addition to the duty of excise leviable on jute manufactures under the central excises and salt ..... v. state of gujarat : [1967]3scr595 . there can be no doubt that a 'duty of excise' was being levied by virtue on the jute act. but this levy cannot be equated to the levy that is imposed under the central excises and salt act. the object of the levy is to finance the development council which will ensure to the benefit of all ..... [19] => ..... orderajay nath ray, j.1. this writ application is directed against an order of the designated authority passed under the finance (no. ii) act, 1988. the order is dated 10-2-1999 and calls for deposit as per kar vivad samadhan scheme.2. mr. bajoria points out that the designated authority has proceeded on what is, according to him, an error apparent on ..... its recoverability at the end of the writ, if it should ultimately be decided in his client's favour.11. it appears to me that as the finance act is not a constitutional amendment none of the above sections or sub-sections can touch the court's power to pass orders in accordance with principles settled by ..... steps taken under the impugned order of the designated authority dated 10-2-1999. the respondent no. 1, as a direction of this court shall accept and appropriate the said sum of rs. 16,12,609/- notwithstanding the provisions of law or departmental direction contained in any act or circular.13. in the event of the aforesaid payments, the ..... ) Finance No 2 Act 2009 Chapter Iii Direct Taxes - Court Kolkata - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata Page 2 of about 2,866 results (0.305 seconds)

Jul 02 1993 (HC)

Commissioner of Income-tax Vs. Mrs. Sunita Kumar

Court : Kolkata

Reported in : [1994]208ITR807(Cal)

..... income envisaged under the single item 74a(2)(c).9. the decisions on the effect of loss incurred in owning and maintaining race horses are of no aid since such decisions are concerned with the question in the context of the law that prevailed before the insertion of section 74a by the finance act, 1972, having effect from april 1, ..... recurring nature exempt under section 4(3)(vii) of the act. after the insertion of section 74a of the income-tax act, 1961, the law has altogether changed, rendering such decisions irrelevant.10. the finance act, 1972, in the first instance, inserted a new item in the enumeration of income in section 2(24) by inserting clause (ix) therein. it has ..... income except his winnings from races nor is it allowed to be carried forward to be set off against income from any source in any subsequent year. the finance act, 1974, has amended section 74a so as to provide that the losses incurred by owners of race horses in the activity of owning and maintaining such horses, .....

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Mar 22 1977 (HC)

Union of India (Uoi) and ors. Vs. Tulsidas Bhimji and ors.

Court : Kolkata

Reported in : [1977]109ITR557(Cal)

..... , take proceedings for recovery. for determining the income-tax payable on declaration of income contemplated under section 24 of the finance (no. 2) act, 1965, which is accepted unless thereis a proceeding under sub-section (4), there is no scope for any hearing of appeal. accordingly, the direction in the impugned judgment on the authorities of department ' to ..... and rejected by the tax recovery officer. it was held that the notice of demand under the income-tax act, 1961, for the assessment year 1965-66 and the notice of demand under the finance (no. 2) act of 1965 were in respect of separate and distinct liabilities and as such it could not be said that the ..... had abated. 7. it may be relevant to consider the relevant provision's of the finance (no. 2) act of 1965. section 24 makes a provision for voluntary disclosuresof income chargeable to tax under the indian income-tax act, 1922, or the income-tax act, 1961, for any assessment year prior to the assessment year 1965-66, for which .....

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Nov 13 1990 (HC)

Pepper (inspector of Taxes) Vs. Hart and Others.

Court : Kolkata

Reported in : [1991]191ITR195(Cal)

..... of the relevant expense would produce a figure close to the amount of the ordinary school fees.the relevant statutory provisions are to be found in chapter ii of part iii of the finance act 1976, in particular, sections 61 and 63. those two sections have now been replaced, with amendments immaterial for present purposes, by sections 154 and ..... p. 652, per lord reid, at p. 655, and per viscount radcliffe at p. 656. similarly, in my judgment, the wording of section 63(2) of the act of 1976 leaves no room for the introduction of the concept of purpose or motive. under that wording the simple question which has to be answered is : 'what is the amount ..... the relevant benefit ?' the purpose or motive of the employer in incurring the expenditure is irrelevant.this being the question which that wording poses, i likewise see no justification for reading it as if it had required the ascertainment of the expense incurred in implementing the decision to provide the benefit. the wording of the subsection .....

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Feb 28 1996 (TRI)

T.P.S. Builders (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1996)59ITD220(Kol.)

..... should be carried forward under sub-s. (1) of s. 72, or sub-s. (2) of s. 73, or sub-s. (1) or sub-s. (3) of s. 74 inserted by the finance act, 1972, w.e.f. 1st april, 1975, or sub-s. (3) of s. 74a ..... relied on r. 11 of the income-tax (appellate tribunal) rules, 1963, and submitted that if it is felt that the ground no. 2 before the cit(a) that loss ought to have been carried forward as the firm has filed the return within statutory time, remains undecided ..... decisions on which reliance has been placed by the assessee are not applicable to the instant case at all and, therefore, there is no question of favouring the assessee with the interpretation being in favour of the assessee. our view gets full support from the m. p ..... r. n. sinha on the other hand vehemently argued and strongly supported the orders of the revenue authorities. according to him there is no ambiguity in taxing provisions and they are not capable of more than one interpretations and, therefore, the orders of the ao and the .....

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Feb 28 1996 (HC)

T. P. S. Builders (P) Ltd. Vs. Assistant Commissioner of Income Tax.

Court : Kolkata

Reported in : (1997)57TTJ(Cal)96

..... should be carried forward under sub-s. (1) of s. 72, or sub-s. (2) of s. 73, or sub-s. (1) or sub-s. (3) of s. 74 inserted by the finance act, 1972, w.e.f. 1st april, 1975, or sub-s. (3) of s. 74a ..... relied on r. 11 of the income-tax (appellate tribunal) rules, 1963, and submitted that if it is felt that the ground no. 2 before the cit(a) that loss ought to have been carried forward as the firm has filed the return within statutory time, remains undecided ..... decisions on which reliance has been placed by the assessee are not applicable to the instant case at all and, therefore, there is no question of favouring the assessee with the interpretation being in favour of the assessee. our view gets full support from the m. p ..... r. n. sinha on the other hand vehemently argued and strongly supported the orders of the revenue authorities. according to him there is no ambiguity in taxing provisions and they are not capable of more than one interpretations and, therefore, the orders of the ao and the cit .....

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Jul 11 2003 (HC)

Prudential Capital Markets Ltd. Vs. Reserve Bank of India

Court : Kolkata

Reported in : II(2004)BC88,(2003)3CALLT333(HC),[2005]123CompCas764(Cal),[2004]55SCL591(Cal)

..... the company shall not carry on any business of banking as defined by the banking regulation act, 1949, or any statutory modification thereof. 5. to manage investment pools, mutual funds, syndicates in shares, stocks, securities, finance and real estate.'2. as the said company was a non banking financial company it was to obtain necessary ..... : -'45-ia. requirement of registration and net owned fund.--notwithstanding anything contained in this chapter or in any other law for the time being in force, no non-banking financial company shall commence or carry on the business of a non-banking financial institution without - (a) obtaining a certificate of registration issued under ..... requirement of the net owned fund, inform the bank about such fulfillment; provided that the period allowed to continue business under this sub-section shall in no case exceed six years in the aggregate.(4) the bank may, for the purpose of considering the application for registration, require to be satisfied by an .....

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Sep 19 1981 (HC)

The India Jute Co. Ltd. Vs. the Assistant Collector, Central Excise an ...

Court : Kolkata

Reported in : 1981LC545D(Calcutta)

..... excluding any sizing material expressed as the number of 100 metre hanks per one half kg.(2) for multiple-fold yarn, 'count' means the count of the basic single yarn.(j) by the said finance bill/ act the residuary item namely, item 18e was inserted in the said first schedule. the description ..... contents in the yarn manufactured by the petitioner with blended yarn blended with cellulosic fibre it was classified under item 18a, as there was no residuary item for classification of such blended yarn and also according to the respondents such blended yarn was known in the trade as cotton yarn ..... 8. the description of the products under items 18 and 18a of the first schedule at all material times were as set out hereinbelow : --------------------------------------------------------item no. description-------------------------------------------------------18. rayon and synthetic fibresand yarn. explanation : 'rayon and synthetic fibresand yarn' shall be deemed to include man made fibre and yarn made .....

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Sep 29 1980 (HC)

India Jute Co. Ltd. Vs. Assistant Collector of Central Excise and ors.

Court : Kolkata

Reported in : 1988(34)ELT452(Cal)

..... grey yarn (excluding any sizing material) expressed as the number of 100 metre hanks per one half kg.(2) for multiple-fold yarn, 'count' means the count of the basic single yarn.(j) by the said finance bill/act the residuary item namely, item 18e was inserted in the said first schedule. the description of the said ..... and well established that by any trade notification or by any executive order the said changes cannot be brought about in a statute. the respondents submission that no technical construction should be given but an ordinary construction, popular in common parlance, as also in the commercial world should be given so that the products manufactured ..... in this country the new item has been introduced. the manufacture of the petitioner could not satisfy the description as given in 18 and 18a. there is no reason why, the product which is composed of mixed items, should be considered to be the one consisting of materials which predominates. hence although the products manufactured .....

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Aug 27 1969 (HC)

Commissioner of Income-tax Vs. A.K. Das

Court : Kolkata

Reported in : [1970]77ITR31(Cal)

..... the penalty imposed on the assessee below the minimum prescribed under section 271(1)(iii) of the income-tax act, 1961. we answer question no. 1 in the negative in favour of the revenue. question no. 2 is answered in the affirmative and in favour of the revenue.72. each party will bear his own costs.sabyasachi ..... 253(1)(b) an assessee may appeal to the appellate tribunal against an order passed by the inspecting assistant commissioner under section 274(2). equally no doubt, section 254(1) of the act gives the appellate tribunal the power to 'pass such orders thereon as it thinks fit'. the expression 'such orders as it thinks fit ..... different proceedings which he describes as : (1) the assessment proceedings and (2) the penalty proceedings. his argument suggests that they are two independent and entirely different proceedings. no water-tight distinction of this nature appears possible in the scheme of the act. it will be unnecessary to discuss the old controversy whether penalty is an .....

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Jun 24 2004 (HC)

Saturday Club Ltd. Vs. Asstt. Commr., Service Tax Cell

Court : Kolkata

Reported in : (2005)1CALLT575(HC),2005(180)ELT437(Cal),2006[3]STR305

..... service or different from its usual service to the members so that service tax can be imposed. he called upon the court to go through the relevant portions of the finance act, 1994. section 65 sub-section (19) gives the meaning of the word 'mandap' which means :'(19) 'mandap' means any immovable property as defined in section 3 ..... a case of transaction between, two parties. therefore, principally there should be existence of two sides /entities for having transaction as against consideration. in a members' club there is no question of two sides. 'members' and 'club' both are same entity. one may be called as principal when the other may be called as agent, therefore, such transaction ..... club in using the space as mandap or not.10. he cited various judgments in support of his contentions. from 1970 (xxvi) sales tax cases 241 (harbour division-ii, madras v. young men's indian association madras, and ors.) it has been found that the six judges bench of the supreme court held that if a members' .....

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