Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: kolkata Page 94 of about 2,866 results (0.907 seconds)

State of West Bengal and ors. Vs. Suresh Chandra Bose

Court : Kolkata

Reported in : [1980]45STC118(Cal)

..... of the supreme court, the commercial tax officer had no authority and jurisdiction to realise sales tax from the respondent, for the rule, being rule 2{ii)(c) of the bengal sales tax rules, was ultra vires. the respondent, therefore, was not a dealer within the meaning of the bengal finance (sales tax) act, 1941. it was due to a mistaken notion of ..... has to be claimed within a certain time and if such claim is made beyond the time, it will not be maintainable. section 12(1) of the bengal finance (sales tax) act, 1941, provides as follows:the commissioner shall, in the prescribed manner, refund to a dealer applying in this behalf any amount of tax or penalty paid by such ..... c.), it has been observed by jthe supreme court that money paid under a mistake of law comes within the word 'mistake' in section 72 of the contract.act and there is no question of estoppel when the mistake' of law is cornmon to both the assessee and the taxing autho-'rity. if refund is not made, remedy through court .....

Statesman Ltd. Vs. Inspecting Assistant Commissioner.

Court : Kolkata

Reported in : [1990]33ITD202(Cal)

..... and maintenance of aircraft and motor cars shall include -(i) expenditure incurred on chartering any aircraft and expenditure on hire charges for engaging cars plied for hire;(ii) conveyance allowance paid to employees and, where the assessee is a company, conveyance allowance paid to its directors also.'12. the commissioner is correct in ..... profits and gains of business or profession.(3b) the expenditure referred to in sub-section (3a) is that incurred on -(i) advertisement, publicity and sales promotion; or(ii) running and maintenance of aircraft and motor cars; or(iii) payments made to hotels.explanation : for the purposes of sub-sections (3a) & (3b) -(a) ..... first introduced through section 8 of the finance act, 1978. in order to appreciate the context and setting of the provision, it is necessary to look at the mischief which the legislature intended to cover. for this we can do no better than no quote from the speech of the finance minister given while introducing the provision in .....

ito Vs. Lic of India

Court : Kolkata

Reported in : [2001]79ITD278(Cal)

..... tax at source on such income? when the law was amended with retrospective effect from 1-4-1962 by direct tax laws (amendment) act, 1989, the assessee had already paid the salary and, therefore, there was no possibility of deducting the tax at source, even if it wanted because there was nothing from which the tax could have been deducted. to ..... order of the commissioner (appeals) for the assessment years 1988-89 and 1989-90 against the deletion of interest of rs. 2,001 and rs. 2,466 respectively levied by the assessing officer under section 201(1a) of the act. both the appeals are late by 12 days and after going through the petition for condonation and the material on record, we ..... the delay and proceed to decide the appeals on merits.2. in both the appeals, the tax effect is less than rs. 25,000 and, therefore, the revenue should have refrained to file the second appeal in view of the central board of direct taxes circular dated 28-10-1992 vide no. f. 279/116 of 1992-income tax and .....

Zigma Commodities Pvt. Ltd and anr. Vs. Income Tax Officer, Ward5(3), ...

Court : Kolkata

..... of the show cause notice dated 3rd february, 2014 issued under section 263 of the income tax act 1961 (for short the 1961 act ) and also, inter alia, prayed for a writ in the nature of 2 mandamus commanding the respondent no.2 to supply the satisfaction recorded before issuance of the said show cause notice. it appears the learned ..... made by the said commissioner. the judgement in chhugamal rajpal (supra) is also distinguishable as the provision contained in section 151(2) of the old act does not find place in section 263 of the 1961 act and thus is not applicable to the present case. so far as the judgement in commissioner of income-tax versus karam chand ..... that the commissioner can call for and examine the record of any proceeding under the income-tax act only on the basis of his being satisfied, (1) that the assessing officer was erroneous in passing the assessment orders.and (2) that the decision of the assessing officer was prejudicial to the interest of the revenue. needless to .....

M/S. Reckitt Benckiser (India) Ltd. Vs. The Addl. Commissioner of Inco ...

Court : Kolkata

..... earned by the appellant/petitioner cannot be said to be derived by the eligible undertaking/ units as required for claiming deduction under sub-section (2) of section 80ic of the act,1961?. in the revenue s appeal, the question for adjudication is as follows: whether on the facts and circumstances of the case, the ..... received by the assessee-respondents and, in consequence thereof, since interest subsidy results into profits and gains derived from, or derived by, an industrial undertaking, there is no reason as to why such profits and gains, earned by an industrial undertaking on the strength of such a subsidy, namely, interest subsidy, be not allowed to ..... 80ic, as the case may be. surfacing from beneath this statutory requirement, the legal proposition is that if the subsidy is non-operational in nature, there will be no entitlement operational, of deduction; would but entitle an therefore, not the subsidy, assessee to if claim deduction. ........ the facts are, in dispute on this aspect. .....

Anand Silver Pvt. Ltd. Vs. The Commissioner of Income Tax, Koliii.

Court : Kolkata

..... of the appellant assessee company for the assessment year 2005-06 based on the impugned notice dated 15th september 2008 issued under section 148 of the said act even when no fresh material whatsoever had come in the possession of assessing officer after completion of the the regular 13th assessment vide order dated november, 2007 passed under ..... by the assessee for the purpose of pledging the same. (page196) 30th december, 2003 20 kilograms of gold vide challan no.2 was received by the assessee. (page196) 3rd january, 2004 5 kilograms of gold vide challan no.3 was received by the assessee. (page196) 6th july, 2004 m/s.j.j. gold house issued bills for rs ..... section 143(3) of the said act ?. (ii) whether tribunal in the findings upholding the recorded addition by of the rs.1,51,09,660/- in paragraphs 6.2 and 6 .....

Subarna Plantation and Trading Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1989)28ITD177(Kol.)

..... interest on the* amount of tax deducted at source by the assessee which it failed to deposit to the credit of the central government. section 201 (1a) of the act was introduced by the finance act, 1966 with effect from 1-4-1966. the rate of interest at 6 per cent was substituted for 9 per cent by the taxation laws (amendment ..... clear that the ratio of these decisions will not apply to the appellant's case. the appellant admitted its default, though very belatedly and paid the taxes deducted at source. no recovery proceeding of any sort is involved in any of the impugned orders. therefore, the ratio of the decision of the calcutta high court relied on by the learned representative ..... (p.) ltd.'s case (supra) and citation of some decisions of the hon'ble high courts.the counsel referring to, those decisions and the statement at pages 1 and 2 of the paper-book indicated that the limitation under section 231 for the years under consideration expired on 31-3-1980, 31-3-1981, 31-3-1982, 31-3-1983 .....

Development Consultants Ltd. Vs. Deputy Commissioner of Gift-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1997)61ITD119Cal

..... avoid wealth-tax by transferring the amount to its subsidiary. the write off was made in december 1982 and at that time there was no wealth-tax on companies. it was introduced only by the finance act, 1983 and that too with effect from the assessment year 1984-85 only. surely it cannot be the suggestion that the assessee company anticipated ..... 1. the appeal is directed against the assessment of a sum of rs. 1 crore to gift-tax by invoking section 4(1)(c) of the gift-tax act, 1958.2. the assessee is a public limited company. it is engaged in business as consulting engineers having its business spread all over the country and abroad. its business grew ..... limited.by letter dated 4th december, 1981, addressed to d.c. properties, the allotment of the land was changed in favour of the subsidiary company.5. thereafter on 2-1-1982 an agreement was entered into between the assessee-company and d.c. properties, the subsidiary. after narrating the reasons which led to the formation of the subsidiary .....

Peerless Securities Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2005)60SCL59NULL

..... a variety of items, very diverse in character, such as ships, vehicles, books, scientific apparatus and surgical equipment, used for the purpose of business or profession. the finance act, 1995 amended the definition with retrospective effect from 1-4-1962 to state that the work 'plant' does not include tea bushes or live stock. the very fact that ..... account or other documents - minoo f. mehta v. cit[1996] 217 itr 578, 581 (bom.). (xviii) in the case of cit v. berger paints (india) ltd. (no. 2) [2002] 254 itr 503, the hon'ble calcutta high court has held that it is now settled law that if according to the revenue laws the assessee is entitled to ..... relates to the questions referred to this special bench. the other grounds are not before us. the alternative claim of the assessee raised in ground no. 2 that if the expenses specified in ground no. 1 are treated as capital expenditure, depreciation applicable to plant & machinery (general) at the rate of 25% should have been allowed is also not .....

M/S. Landis+ Gyr Limited Vs. Commissioner of Income Tax, Kolkatai

Court : Kolkata

..... the case of edwards versus bairstow reported in 1955(3) all.e.l.r48wherein the following view was taken: .it may be that the facts found are such that no person acting judicially and properly instructed as to the relevant law could have come to the determination under appeal. in those circumstances, too, the court must intervene. we are also supported ..... dtd.04-02-03 wherein collection of cheque no.222287 dtd. 3-2-03 for rs.2,07,71,920/- from m/s.npdcl, warangal was intimated to the assessee. (iv) agent s letter dtd. 24.01.03 to the assessee regarding collection ..... that the agents rendered services as per the above agreement, the assessee has relied on the following documents :(i) accounts of the assessee in the agents books of a/c (ii) letters of the agent [ consolidated construction co.(agencies) p. ltd.].to the acit, cir-1, kolkata-1 dated 20th march 2006 and 27th march 2006. (iii) agent s letter .....