Court : Kolkata
Reported in : [1988]70STC248(Cal)
..... qualifies for exemption. if an industry has been set up which is doing some job work, then there is no question of production and sale of goods. the provisions of the bengal finance (sales tax) act, were not attracted in such a situation. the grant of exemption is 'from the date of its first sale ..... 1978 be regarded as to have commenced production before 31st march, 1978. the word 'production' has not been defined by the bengal finance (sales tax) act. the word 'manufacture', however, has been defined to mean under section 2(dd) 'producing, making, extracting, altering, ornamenting, blending, finishing or otherwise processing, treating or adopting any goods'. the word 'manufacture ..... had established the bona fide business for manufacturing goods in west bengal for sale. one of the conditions of granting provisional certificate under rule 3(4)(ii) was that the petitioner shall apply to the commercial tax officer for registration within a week from the date when his total sales in respect of .....
Tag this Judgment!Court : Kolkata
Reported in : (1981)22CTR(Cal)281,[1982]138ITR304(Cal)
..... of the partnership by an instrument. this is the main criterion for the registration of a firm.10. even under the provisions of the indian i.t. act, there was no provision that a complete instrument only was valid for registration, that is, an instrument not requiring a supplementation by other evidence but solely operating and containing in itself ..... were not only entitled to share the profits but were liable to share losses as well. it was apparent that they had financed the business. the minors did not sign the partnership nor did any one else, acting as their guardian or otherwise, sign the deed on their behalf. on the question whether the firm was entitled to registration it ..... by an instrument ; and (ii) the individual shares of the partners are specified in that instrument.' 7. rule 22 of the i.t. rules, 1962, also deals with 'application for registration of a firm'. application for registration of a firm for the purposes of the i.t. act, 1961, has been given in form no. 11 of the i.t. .....
Tag this Judgment!Court : Kolkata
Reported in : [1976]37STC382(Cal)
..... of the words 'three per cent' in section 15 made by the finance act, 1966, is no longer in force. the finance act, 1966, was an annual act, and, after the expiry of the financial year 1966, the said act expired and the amendment made by section 51 of the finance act, 1966, became ineffectual. therefore, the state laws cannot impose tax in ..... challenged the jurisdiction of the respondents to assess central sales tax in respect of the aforesaid quarters upon it on the ground that section 8(2)(a) of the central sales tax act, 1956, was inoperative and ineffectual in the absence of any valid rate under the west bengal sales tax law.6. article 286 of the ..... more or less round in shape; now spec. one closely pressed, done up in canvas, etc., and corded or hooped, for transportation'. the shorter oxford english dictionary, volume ii, gives the meaning of the word 'otherwise' as 'in other manner'. thus in the context of clause (v) 'otherwise' means the jute fibre carried or transported in any .....
Tag this Judgment!Court : Kolkata
Reported in : [1965]55ITR392(Cal)
..... it should however be observed that this decision of the madras high court was given before the introduction of section 10(4a) of the income-tax act by section 7 of the finance act of 1956.there are two judgments of the supreme court which may be usefully referred to in this connection. in commissioner of income-tax v. ..... as to this proposition, so long as the transaction is a genuine or a straightforward one, or is neither colourable nor illusory nor fraudulent (vide craddock v. zevo finance co ltd.).in newtone studios ltd. v. commissioner of income-tax the assessee was a private limited company owning a studio, and engaged in the production of motion ..... capital expenditure because no asset of an enduring nature was created thereby; (iii) that as the amount was spent for the preservation of its business, it was laid out wholly and exclusively for the purposes of the business of the turf club and was an allowable deduction under section 10(2) (xv) of the income-tax act.the position, therefore .....
Tag this Judgment!Court : Kolkata
Reported in : [1968]69ITR488(Cal)
..... revenue harries c.j. referred to the definition of sale price in the bengal finance (sales tax) act, 1941. the comparable provision with regard to sale price is to be found in section 2, sub-section (14), of the bombay sales tax act. in the bombay act sale price means the amount of valuable consideration payable to a dealer for the ..... sales tax was payable by the purchaser and, therefore, the money belonged to the purchaser. the provisions of section 21 of the bombay sales tax act indicate first that no person shall collect any amount by way of sales tax or general sales tax in respect of sales of any goods which are declared from time to ..... not indicative or decisive of the real character of the transaction. the supreme court further held in the punjab distilling industries ltd. case that the wholesalers were under no obligation to return the bottles. the additional sum taxed was not security deposit and the additional amount taxed was an integral part of the commercial transaction of the .....
Tag this Judgment!Court : Kolkata
Reported in : [1986]62STC324(Cal)
..... 10,000 on 20th august, 1970. the petitioner applied for registration under section 7 of the bengal finance (sales tax) act, 1941, in the year 1974. the registration was granted to the petitioner on 20th september, 1974. the respondent no. 1, commercial tax officer, sealdah charge, held that the gross turnover of the petitioner exceeded the ..... period from 20th october, 1970, to 19th september, 1974. the assistant commissioner, commercial taxes, dharamtala circle, respondent no. 2, accepted the contention of the petitioner and held that the assessment was a nullity. he held that the assessment made by the commercial tax officer could not be ..... even then the commercial tax officer completed the assessment for the entire period from 20th october, 1970, to 19th september, 1974, and imposed tax on the petitioner.2. the petitioner preferred an appeal before the assistant commissioner. the petitioner paid a total sum of rs. 5,551.10 in respect of the tax for the .....
Tag this Judgment!Court : Kolkata
Reported in : [1954]25ITR431(Cal)
..... yet contend that the full percentage of the dividend has been declared and paid. in any event, it was further contended, the provision in the finance act spoke of dividends declared and there was no warrant for reading the word 'declared' as 'paid'.the primary and indeed the only question in the case undoubtedly is what the proviso contemplates ..... the benefit of it. because he gets such benefit, the amount of payment is deemed to be his additional income on the dividends and accordingly section 16(2) of the act provides that in including the dividend in his total income the amount actually received shall be increased to such an amount as would leave a sum equal ..... received by the shareholder is the amount of such percentage, less the deduction. accordingly the only difference between the two cases as regards the operation under section 16(2) is that in the first case, the net or basic amount taken for grossing up will be the full percentage of the dividend which the shareholder has received .....
Tag this Judgment!Court : Kolkata
Reported in : (1997)139CTR(Cal)144
..... said high court or one judge of any division court, pursuant to s. 108 of the government of india act made on or after the first day of february one thousand nine hundred and twenty-nine in the exercise of appellate jurisdiction in ..... to s. 108 of the government of india act, and that notwithstanding anything hereinbefore provided an appeal shall lie to the said high court from a judgment of one judge of the ..... order passed or made in the exercise of the power of superintendence under the provisions of s. 107 of the government of india act or in the exercise of criminal jurisdiction) of one judge of the said high court or one judge of any division court, pursuant ..... contention of the appellant is that the appeal is not barred by limitation because till date no order has been drawn up as is required in terms of rr. 1 and 2 contained in chapter xvi of the high court rules dealing with original side. it is .....
Tag this Judgment!Court : Kolkata
Reported in : (1999)155CTR(Cal)502
..... order of the tribunal was not passed in appeal but in a miscellaneous application directed towards rectifying mistake apparent from the record. if the order under s. 254(2) had taken the shape of modifying by way of amendment or rectification, the original order to some extent, then both of those jointly might have been appealable ..... at the time of search and seizure, then ordinarily that will be subsequently finalised after the block assessment is over.3. a miscellaneous application under s. 254(2) had been made in the department by the revenue subsequent to the introduction of the amendment but prior to the delivery of my judgment in the earlier ..... 1999]235itr663(all) . it is an allahabad division bench judgment. there the tribunal had disposed of a particular ground no. 5 in the memorandum stating that relief in that regard had already been given by the income tax officer acting under s. 154. this appeared later to be erroneous because the s. 154 application has been rejected. in these .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... that since the actual ownership and names of awardees could not be ascertained, the compensation amount has been deposited under section 31(2) of the act with the learned special l. a., judges' court, alipore. these respondents, therefore, filed writ petition no. 10061(w) of 2004 challenging the acquisition proceedings. in the writ petition, it has been pleaded that the land acquisition proceedings ..... was handed over to tvl. simpson and general finance co. which is subsidiary of reichold chemicals india lts. it would appear that at a request made by the said company, 66 cent of land out of one acre 37 cents in respect of which the appellants originally had ownership was transferred in goms no. 816-industries dated 24.03.1971 in favour .....
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