Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata Page 93 of about 2,866 results (0.154 seconds)

M/S Caledonian Jute and Industries Ltd. Vs. Commissioner of Income Tax ...

Court : Kolkata

..... its judgment itself while considering the questions before it, referred to only those two points excluding the question of involvement of rs.100 lakhs. therefore, the tribunal below acted without jurisdiction in enhancing the scope of the appeal although the appellant did not raise any such point. on that ground alone, the portion of the order passed ..... of return, whichever is earlier and the employees contributions to this fund are only to be allowed if these are paid within the due date specified in such act including the grace period. the miscellaneous application filed by the assessee before the learned tribunal was only in relation to the addition on account of provident fund. therefore ..... ,49,002/- by the ld. assessing officer in respect of belated deposit of pf, esi etc.is bad in law as there was no such direction of enhancement by the ld. cit(a) . (2) the appellant craves leave to submit that the hon ble members have considered the original ground of appeal in this respect and not the .....

Jagadish Prosad Agarwalla Vs. State of West Bengal and ors.

Court : Kolkata

Reported in : [1979]44STC412(Cal)

..... by others as also matters discovered by the authorities themselves. in the said case, one of the items of coverage under section 5(2)(a)(ii) of the bengal finance (sales tax) act was 'general merchandise'. the learned judge held that the said word was of generic import and did not serve any purpose at all ..... section 5(1)(aa) with effect from the date of his registration as a dealer. according to the assistant commissioner, commercial taxes, there was no provision in the bengal finance (sales tax) act for amendment of a registration certificate with retrospective effect. further, the commercial tax officer, in his order dated 4th september, 1975, granting his ..... according to the commercial tax officer, at that point of time, the appellant was engaged only in inter-state purchase of the said commodity and there was no transaction of intra-state purchase by him. therefore, the registration certificate issued on 4th september, 1975, was consistent with the said order of the commercial tax .....

Union of India Vs. Satyanarayan Khan and Others.

Court : Kolkata

Reported in : [1961]42ITR42(Cal)

..... the income-tax officer under section 46(2) of the income-tax act, who certified that the taxes mentioned above were not paid. on receipt of this certificate the certificate officer of alipore filed three certificates under section 4 of the public demands recovery act. these cases were certificate cases nos. 1115 i.t. of 1948-49 ..... october, 1947, or shortly thereafter. it is at least clear the income-tax officer placed the matter before the certificate officer under section 46(2) of the income-tax act, the fact of dissolution or discontinuance of the partnership was brought to his knowledge. the certificate officer prepared and filed the certificates in the ..... .mr. meyer, learned counsel for the appellant, contended before us that although for the purpose of the income-tax act the firm was a separate assessable unit or entity, in reality the firm had no separate or independent existence apart from its constituted members, namely, the partners. he, therefore, contended that the certificates .....

Cesc Ltd. Vs. Ito

Court : Kolkata

Reported in : [2004]140TAXMAN646(Cal)

..... 1989, i find that the chief commissioner of income tax (admn), calcutta, in exercise of power conferred under sub-sections (1) and (2) of section 120 of the act conferred power upon the respondent no. 1 in respect of all matters relating to all the sections in chapter xviib except section 195 and also relating to section 221 which falls ..... cited by mr. mullick, one in the case of reckitt colman of india ltd. v. asstt. cit : [2001]251itr306(cal) and the other in the case of peerless general finance & investment co. ltd v. assessing officer : [2001]248itr113(all) cannot be relied upon as precedent. in the case of reckitt colman of india ltd. (supra) a division bench ..... bench in the said decision was really obiter dictum and cannot be cited as precedent.19. similarly, the decision of the allahabad high court in the case of peerless general finance & investment co. ltd. (supra) has been set aside by the supreme court on a different point and the point involved herein has been kept open. thus, the .....

…appellant Vs. Commissioner of Income Tax,

Court : Kolkata

..... rent, as this section has no retrospective effect and it was prospective operation for the year 2001-02. he has drawn attention of the court to clause 12 of the finance bill, 2000, notes on clauses and memorandum explaining the provisions of the said finance bill (2000) 242 itr (statutes) and also section 1(2) of the finance act, 2000. he contends with the ..... establish that aforesaid income was outside the scope and ambit of section 2(24)(i) and section 5(1)(a) of the act or the same was exempted under section 10 of the act or there was no fulfilment of the criteria laid down under sections 147 and 148 of the act. learned counsel also contends that section 25b inserted aiming at to ..... years but not in relation to the immediately previous years can be subjected to payment of tax ?. (b) the insertion of section 25b by way of amendment by finance act, 2000 can be of any help to the assessee on the facts and circumstances of this case. while we read the ratio in the decision of the hamilton case .....

Smt. Monmohini Coomer Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1984)8ITD537(Kol.)

..... not a piece of legislation as noted earlier de hors the 1961 act and the 1957 act. it is no doubt independent of the said acts but in the same sense in which the finance act is. its main purpose is to effectuate the 1961 act and the 1957 act and not to supplant them and to create a separate charge or a separate category of income ..... therefore, returns filed by an assessee in any manner, for any purpose and before any authority, if those conform to the returns to be filed under section 14(1)/(2) of the act, will have to be treated as returns under section 15, giving the wto jurisdiction to make the assessment on the basis of those returns. in this context, shri ..... that it will be in the form prescribed by section 14. that is, more is less, the phraseology used in section 14, itself. by borrowing it in sub-rule (2), no different meaning was intended to be ascribed to the phrase 'return of income'. it has, in my opinion, the same connotation as that spelled out by section 14. that the .....

itc Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)86ITD135(Kol.)

..... i.e., asst. yr. 1995-96 as pointed out by the learned authorised representative to plug this loophole by the insertion of sub-clause (ii) to section 55(2)(aa) of the act by the finance act, 1994, which provides that the cost of acquisition of right entitlement would mandatorily be taken at nil. in the light of these facts and ..... : "4. we have heard both the parties and perused all the records available. we feel that the basic instinct of a businessman is to earn profit. no prudent businessman will act in a manner which is not beneficial to him. for the sake of analogy, the basic instinct of a human being is that he loves his life, ..... incurred by the appellant outside india for registration of its trade-marks in foreign countries, while computing the business profits for the relevant assessment year.1. there is no dispute about the fact that these expenses were incurred on registration of trade-mark in foreign countries. we respectfully following the decision of hon'ble supreme court in .....

Kanoi Industries (P) Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2006)100ITD462(Kol.)

..... after the 31st day of march, 1977, shall be two per cent of uch chargeable interest. (3) notwithstanding anything contained in sub-sections (1) and (2), no interest-tax shall be charged in respect of any chargeable interest accruing or arising after the 31st day of march, 2000.now, it is clear from the provisions ..... our considered opinion, in the present case, jurisdiction under section 10 has not been validly assumed, hence issue of notice is bad in law as there is no nexus between formation of belief and material available which is clear from the facts mentioned hereinabove. since initiation of proceeding itself is bad in law and invalid, whatever ..... institution' falling within the ambit of section 2(5a) and 2(5b) of interest-tax act, 1974? 12.1 the learned counsel submitted that section 4 of the interest-tax act is the charging section. sub-section (2) of this section provides that there shall be charged on every credit institution/finance company for every assessment year commencing on and .....

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... gurmukh singh v. ito , the supreme court upheld the constitutional validity of section 40a(3) of the income-tax act, 1961. the supreme court was dealing with section 40a(3) prior to its amendment by finance (no. 2) act, 1996, wherein the provision was for complete disallowance of expenditure if the same was in excess of the limit provided ..... rule 6dd(j) would be applicable, cannot be spelt out. thus it is clear that the circumstances spelt out in circular no. 220 were inclusive by way of examples and not exhaustive.5. that finance act, 1995 amended section 40a(3) with effect from april 1, 1996, by which disallowance under section 40a(3) was reduced ..... . he argued the matter at great length. his arguments/submissions can be summarized as follows: 2. that section 40a(3) was introduced by the finance act, 1968, with effect from april 1, 1968. in the memorandum explaining the provisions in the finance bill, 1968, it was explained that the purpose behind the enactment of the provisions of section .....

Tata Aircraft Limited Vs. Member, Board of Revenue

Court : Kolkata

Reported in : [1962]13STC388(Cal)

..... observed: 'in the case of a sales tax, the liability to tax arises on the occasion of a sale, and a sale has no necessary connection with manufacture or production. the manufacturer or producer cannot of course sell his commodity unless he has first manufactured or produced it ..... a vendor in respect of his sales, may, as is there pointed out, in one sense overlap. but in law there is no overlapping. the taxes are separate and distinct imposts. if in fact they overlap, that may be because the taxing authority, imposing a ..... taxable quantum. it would there-.ore not be right to say that government sought to levy a tax on the goods themselves no matter who sold them or the conditions under which they were sold. the periods for which the assessee was called upon to ..... section 21(1). of the bengal finance (sales tax) act, 1941, the only question referred to this court is :- whether sales tax is a tax only on the sale of goods or is it a tax also on the commodity sold?2. on the frame of the question .....