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Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 chapter iii direct taxes Court: punjab and haryana Page 9 of about 1,705 results (0.516 seconds)

Nov 27 2012 (HC)

Commissioner of Income Tax Faridabad Vs. M/S Hemla Embroidery Mills (P ...

Court : Punjab and Haryana

..... of 2005 (the commissioner of income tax, patiala v. m/s rai agro ita no.16 of 2009 -4- industries ltd. sangrur), decided on 30.11.2010 wherein it has been held that second proviso to section 43b of the act omitted by finance act, 2003 with effect from 1.4.2004 was clarificatory in nature and was to operate retrospectively. once ..... aggrieved, the assessee filed an appeal before the commissioner of income tax (appeals) [in short the cit(a) .].. the cit(a) vide order dated 14.8.2007 (annexure a-2) partly allowed the appeal. against the order of the cit(a), the revenue filed an appeal before the tribunal. the tribunal vide order dated 10.7.2008 (annexure a-3 ..... , the issues involved in both the appeals are identical. for brevity, the facts are being extracted from ita no.16 of 2009.2. this appeal has been preferred by the revenue under section 260a of the income tax act, 1961 (in short the act .) against the order dated 10.7.2008 passed by the income tax appellate tribunal, delhi bench c ., .....

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May 08 2006 (HC)

Punjab Bearing Industries Ltd. Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : 2006(203)ELT187(P& H)

..... discharging liability to pay central excise duty as per actual production and after availing modvat credit on inputs and capital goods.3. section 3a was inserted in the act by finance act no. 2 with effect from 1-9-1997, which provided for levy of excise duty by determining capacity of production of notified goods. as per notification ..... no. 46/97, dated 1-8-1997, on non-alloy steel ingots and billets falling under sub-heading nos. 7206.90 and 7207.90 of the schedule to the central excise tariff act, 1985, excise duty ..... sentence of the judgment:. this is, however, subject to the availability of the relief in terms of the rules framed under sections 3 and 3a of the act. we, therefore, see no merit in the writ petitions.15. in venus castings (supra), it was observed:11...what can be seen is that the charge under the section is clearly .....

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Sep 03 2013 (HC)

Present:- Mr. Vivek Sethi Advocate Vs. Deepak Mittal.

Court : Punjab and Haryana

..... mentioned about sweep of sub- yag dutt 2013.09.10 14:42 i attest to the accuracy and integrity of this document i.t.a. no.109 of 2013 -5- section 2 of section 14-a of the act to which sub-section 3, relied upon by the revenue, also makes reference.7. for better evaluation, provision of section 14-a of ..... in respect of such expenditure in relation to income which does not form part of the total income under this act. (3) the provisions of sub-section (2) shall also apply in relation to a case where an assessee claims that no expenditure has been incurred by him in relation to income which does not form part of the total income under ..... as below: 14a. (1) for the purposes of computing the total income under this chapter, no deduction shall be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under this act. (2) the assessing officer shall determine the amount of expenditure incurred in relation to such income which does .....

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May 21 2013 (HC)

Mohit Sharma Vs. Ut of Chandigarh and Others

Court : Punjab and Haryana

..... for its private security crm m-4021 of 2010 [46]. guards and supervisors required under sub-section (2) of section 5 of the act. (iii) the applicant continues to adhere to the conditions of the licence. (iv) the police have no objection to the renewal of the licence to the applicant. (3) the form for application of ..... agencies. except for supplying the list of the security agencies registered, no other effective information was supplied but the counsel for the state had submitted that in case any illegal act is committed by a private security guard deputed under section 2 (h) of the act, engaged by a private security agency, he would be liable for ..... it is an admitted fact that there is no specific provision made in the arms act, 1959 or arms rules 1962 for providing arms licences to the private security guards engaged with the private security agencies. section 2 (1) (i) of the arms act defines prohibited arms under the arms act. licences for acquisition and possession of prohibited bore .....

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Jan 15 2013 (HC)

Present: Mr. Puneet Bali Sr.Advocate with Vs. Union of India and Other ...

Court : Punjab and Haryana

..... of 2011. the petitioner-institute claims that it is a renowned medical college in the state of haryana, being the firs.self financing college in the state. petitioner no.2 is also self financed deemed university in the state of haryana. the petitioner-institute is run by the trust named maharishi markandeshwar trust, ambala ., which is ..... record, the legislature has made amendment in 1956 act by incorporating new provisions making it mandatory and obligatory for any person desirous of establishing a medical college or for starting a new or a higher ..... usual stand, which the medical council of india adopts in such cases, giving background as to how the council is constituted under the provisions of 1956 act. it is stated that with a view to check the unregulated, uncontrolled mushrooming growth of medical colleges/institutions, most of which are having dubious track .....

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May 20 2013 (HC)

Present: Mr.Rajiv Atma Ram Sr.Advocate Vs. Commissioner of Customs and ...

Court : Punjab and Haryana

..... case of petitioner no.2; solvency certificate and undertaking sailesh ranjan 2013.07.23 17:31 i attest to ..... 16,63,007/- in the case of petitioner no.2 apart from another sum of `5,00,000/- each as bank guarantee to cover the personal penalty leviable under section 114 of the customs act, 1962 (for brevity, the 'act'), bank guarantees of `14,48,093/- to cover redemption fine in the case of petitioner no.1 and for `13,86,906/- in the ..... the accuracy and integrity of this document cwp no.23685 o 2. to be given that .....

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Sep 23 1996 (HC)

Rakesh Raj and Associates Vs. Central Board of Direct Taxes and anr.

Court : Punjab and Haryana

Reported in : [1997]223ITR282(P& H); (1997)115PLR129

..... the parties are covered for the purposes of deduction of income-tax at source within the meaning of section 194c of the act.3. section 194c was inserted in the act by the finance act of 1972, with effect from april 1, 1972. it required a person responsible for paying any sum to any resident ..... partnership firm engaged in the profession as chartered accountants at faridabad (haryana). the petitioner; shri sanjay bansal, is an advocate in c. w. p. no. 6731 of 1994.2. the circular in question has been challenged on the ground that the persons rendering services as lawyers, chartered accountants, physicians, surgeons, engineers, architects, ..... the scope of the provision. . . . question 9 : does the requirement apply in relation to payments made for hiring of equipments, rental, etc. ? answer : no. ... question 11 : does the requirement apply in relation to payments made to banks for discounting bills, collecting/receiving payments through cheques/drafts, opening and negotiating letters of credit .....

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Nov 17 2004 (HC)

Deep Hire Purchase P. Ltd. Vs. Commissioner of Interest-tax (Appeals)

Court : Punjab and Haryana

Reported in : (2005)195CTR(P& H)174; [2005]274ITR69(P& H)

..... claimed that the hire-purchase charges were not covered under the provisions of section 4(2) of the act as the same pertained to arrangements for use of finance. it was contended that the charges could not termed as interest as in such arrangements, no principal sum is advanced or lent by the hire-purchase company to the hirer of ..... on march 31, 1995. the assessing officer held that the hire charges receipts constituted interest within the meaning of section 2(7) of the act. for this purpose, reliance was placed on the decision of the supreme court in sundaram finance ltd. v. state of kerala : [1966]2scr828 . the assessing officer also held that the circular of the ..... by such companies were different and distinct from interest and, therefore, do not fall within the definition of interest under section 2(7) of the act. the tribunal has also observed that even the board in its circular no. 760, dated january 13, 1998 (see [1998] 229 itr 42), had clarified that in the case of transactions which .....

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Nov 01 2004 (HC)

Jaswant Singh Bambha Vs. Central Board of Direct Taxes and ors.

Court : Punjab and Haryana

Reported in : (2005)193CTR(P& H)184; [2005]272ITR1(P& H); (2005)139PLR201

..... other officer to condone the delay in making the claim for refund, such power had specifically been conferred on the board under section 119(2)(b) of the act. the contention of the revenue that the board had no such power was rejected by s. rajendra babu j. (as his lordship then was), in the following terms (page 504) :'the ..... year, he shall be entitled to a refund of the excess.'9. section 239 of the act reads as under :'239. (1) every claim for refund under this chapter shall be made in the prescribed form and verified in the prescribed manner.(2) no such claim shall be allowed, unless it is made within the period specified hereunder, namely :-(a ..... the assessees for condonation of delay in making the claim of refund under section 119(2)(b) of the act was considered and not rejected on the ground that no power existed with the board for condonation of delay :(i) gujarat electric co. ltd. v. cit : [2002]255itr396(guj) ;(ii) dharampal singh pall v. cbdt : [2001]250itr629(mp) ;(iii) kusumben m .....

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Sep 07 1993 (HC)

State Bank of Patiala Vs. Central Board of Direct Taxes and ors.

Court : Punjab and Haryana

Reported in : (1994)116CTR(P& H)145; [1994]207ITR190(P& H)

..... approach the authorities under the statute for settlement of disputes. the high court in the exercise of jurisdiction under article 226 of the constitution is not expected to act as an appellate authority or a revisional authority on the orders passed by the authorities under the statute when orders are challenged having been passed without jurisdiction that ..... for the assessment years 1971-72 to 1986-87 were completed under section 143(3) of the act. on march 25, 1988, notice, annexure p-2, was issued by respondent no. 3 under section 148(1) of the act on the ground that respondent no. 3 had reasons to believe that income of the petitioner-bank chargeable to tax for the ..... accrued cannot be subjected to tax. reliance has been placed on the decision of this court in cit v. ferozepur finance (p.) ltd. . this decision was approved by the supreme court as stated. on facts there was no dispute that the financial position of the borrower was weak. he was in huge arrears of income-tax and had .....

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