Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata Page 84 of about 2,866 results (1.334 seconds)

The Peeless General Finance and Investment Co Ltd Vs. The Commissioner ...

Court : Kolkata

..... the facts and in the circumstances of the case, the tribunal was justified in law in holding that there was no restriction in section 24(2) of the 1922 act corresponding to the restrictions placed under section 80 of the 1961 act for carry forward and set off of losses and that the decision of the hon'ble supreme court was therefore ..... to apply, whether it is a return of loss or profit ?. for the aforesaid reasons in both the appeals, the question no.1 is answered in the negative and the question no.2 is answered in the affirmative. the question no.3 is not material for the purpose of disposal of these appeals. therefore, we need not give any answer to it. ..... order sheet in the high court at calcutta special jurisdiction (income tax) original side ita no.162 of 2003 with ita no.163 of 2003 the peeless general finance & investment co ltd versus the commissioner of income tax kolkata i before: the hon'ble ble justice girish chandra gupta the hon'ble ble justice arindam sinha date : 18th .....

M/S.Srei Infrastructure Finance Ltd. Vs. Dy.Commissioner of Income Tax ...

Court : Kolkata

..... , shall be further increased by an additional surcharge, for purposes of the union, to be called the education cess on income tax, .. (d) sub-section 12 of section 2 of the finance act, 2008 provides, inter alia as follows: the amount of income tax as specified in sub-sections (1) to (10) and as increased by a surcharge, for purposes of ..... sub-section (1) of section 115j.and the amount of tax payable by the assessee on his total income computed in accordance with the other provisions of this act: provided that no interest shall be payable on the tax credit allowed under sub-section (1a) (4) the tax credit shall be allowed set-off in a year when tax ..... : the subject matter of challenge is a judgment and order dated 4th january, 2016 passed by the learned income tax appellate tribunal, kolkata, a bench, kolkata in ita no.3838/del/2013 pertaining to the assessment year 2008-09 by which the learned tribunal dismissed an appeal preferred by the assessee. the assessee has come up in appeal. the .....

Chief Commercial Superintendent, South Eastern Railway Vs. Member, Boa ...

Court : Kolkata

Reported in : [1973]32STC171(Cal)

..... the meaning of section 2(c) of the bengal finance (sales tax) act, 1941 ?2. the south eastern railway, at whose instance this reference has been made, disposes of unclaimed goods for consideration of money. on the 29th august, 1957, the commercial tax officer, lyons range charge, calcutta, issued a notice in form no. vi under sections 11 ..... and 14(1) of the bengal finance (sales tax) act, ..... court.4. the question, as mentioned hereinbefore, is whether the railway can be considered to be a dealer within the meaning of section 2(c) of the bengal finance (sales tax) act, 1941, for the purpose of its liability to sales tax in respect of the sales conducted by it under the provisions of section 56 .....

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.

Smith (inspector of Taxes) Vs. Schofield.

Court : Kolkata

Reported in : [1994]209ITR572(Cal)

..... , i would expect the sub-section to being by saying that 'subject to the provisions of sections 86 and 87 of the finance act 1982' the gains were to be computed in accordance with chapter ii.the second indication is that, by the terms of section 86(4), the indexation allowance is to be set against the unindexed ..... set out by nolan l. j. however, consistently with principle the indexation allowance to be set against a gain computed in accordance with chapter ii of part ii of the act of 1979 made no allowance for inflation before march 1982. the allowance was based on the increase in the retail price index between march 1982 and the month ..... 'produced consistency and avoided absurdities.' the absurdity he instanced was 'making a gain which accrued between 1965 and 1982 disappear despite the fact that there has been no subsequent fall in the inflation adjusted value of the asset.' in making the amendment to section 86(4), parliament must have realised that the indexation allowance computed on .....

Collector of Customs and ors. Vs. Om Prakash Jalan and anr.

Court : Kolkata

Reported in : AIR1980Cal341,85CWN25

..... taken is also in agreement with the view expressed by a division bench of the delhi high court in the case of nirmal construction and finance company v. union of india (civil writ petn. no. 1038 of 1979) and also a division bench of the bombay high court in the case of the union of india v. alok exports ..... . p. comes within the description of silver salts, silver chemicals or compounds.33. a division bench of the delhi high court in nirmal construction and finance co. v. unon of india in civil writ no. 1038 of 1979, has also taken the same view, as we have taken, that argenti nitras i- p. comes within the description of articles ..... consisting of or containing alcohol. section 12 of the bombay prohibition act, 1944 inter alia provides that no person shall possess or sell or buy liquor and section 13 of the said act provides inter alia that no person shall consume or use liquor. under clause (a) of section 2 (24) of the said act 'liquor' includes spirits of wine, methylated spirits, wine, beer .....

Kshitish Chandra Sarbajna Vs. the State of West Bengal and ors.

Court : Kolkata

Reported in : [1967]20STC42(Cal)

..... he contended that the said adhir kumar mukherjee and not he was liable to pay the tax under section 17 of the bengal finance (sales tax) act, 1941, being the transferee of his business.2. the certificate officer, by his order dated 4th july, 1962, upheld the petitioner's objection and set aside the certificate with ..... road, bhowanipore, calcutta, within the jurisdiction of the commercial tax officer, alipore charge. in or about january, 1960, the petitioner shifted the place of business to no. 58/1, canning street, calcutta, within the jurisdiction of the commercial tax officer, colootola charge.6. according to the petitioner, under a registered deed of sale ..... they remain undischarged by the transferor. the fiction has been introduced in order to impose upon the transferee liabilities incurred at a time when he had no concern with the business transferred. simply because the transferee has been made liable with retrospective effect from that it cannot be inferred that the liabilities of .....

Lupton (inspector of Taxes) Vs. F. A. and A. B. Ltd.

Court : Kolkata

Reported in : [1970]75ITR544(Cal)

..... recover tax by means of 'backward stripping' such as was described in j. p. harrison (watford) ltd. v. griffiths because that had been stopped by section 4 of the finance (no. 2) act, 1955. so the dealers thought of doing it by means of 'forward stripping' such as was described in finsbury securities ltd. v. inland revenue commissioners. this was a loophole ..... this transaction at the end of march, 1960, backward stripping had been stopped by section 4 of he finance (no. 2) act, 1955. a few day later, and this deals, which involved forward stripping, would have fallen foul of section 28 of the finance act, 1960.the essence of this transaction was that the taxpayers chances of a substantial profit really depended on ..... 1952. not only has this been decided in harrisons case, but it is to be noted that section 4 of the 1955 (no. 2) act only sought to exclude from the ambit of section 341 a limited category of such transactions, and that that was a category into which the instant transaction does .....

Grosvenor Place Estates Ltd. Vs. Roberts (inspector of Taxes).

Court : Kolkata

Reported in : [1963]49ITR408(Cal)

..... in re lang propeller ltd., that the debt to the crown thereby created, not being an assessed tax, gave to the crown no priority in a winding up of the debtor. as a result rule 21 was, by the finance act, 1927, amended, and has since been in the form now represented by section 170. it will be observed that parliament, in ..... not, and that such tax could not be described as 'an assessed tax.' so the crown got no preference for the debt. it then proceeded - if i may borrow the euphemism customary on these occasions - to 'put the matter right.' in the finance act, of the same year, section 26 was enacted requiring the payer of the income to render an ..... in a case where bankruptcy principles applied (langs case) the crown had no priority for what was merely a debt having regard to rule 21(2), and not an assessed tax, priority being confined to the latter.accordingly, by section 26 of the finance act, 1927, the law was altered and rule 21(2) was replaced by the provision which is now section 170 .....

Commissioner of Income-tax Vs. Madan Gopal Bagla

Court : Kolkata

..... timber merchant. there seems to have been some evidence before the appellate assist-ant commissioner that he had from time to time obtained finances for his business by procuring loans on the joint security of himself and some other person. but it is not established, nor ..... for loss.10. the question referred to this court is of an extremely limited scope and is confined to section 10(2) (xi) of the act. but i might add that even if this amount had been claimed as expenses of the business it could not have ..... the ground on which the tribunal proceeded is erroneous both in fact and in law. it seems to have been overlooked that no part of the loan which had been taken from the imperial bank on the joint security of the assessee and mamraj rambhagat was ..... . the total amount he received was rs. 45,596 and the last payment was made on the 17th of may, 1938. apparently no payment was received thereafter and in the year of account 1997 r. n. relevant to the assessment year 1941-42, the assessee wrote .....