Court : Rajasthan
Reported in : 2009(2)WLN387
..... appointed in the r.a.c. on the post of constable on 02.02.1970. in pursuance of finance department circular dt. 23.01.1985, as per clause no. 4, as petitioner was entitled to receive selection grade after completion of 15 years of service (but ..... selection grade. in pursuance of government circular dt. 17.02.1998, which came into effect on 01.09.1996, as per clause 2(1), the petitioner's 9 years service was counted from 09.09.1989 and accordingly on 09.09.1998 petitioner was granted first ..... benefit of revised pay scale was admissible under the existing pay scale to the existing government servant and as per to provisions 5(ii) of rules 1987 the petitioner did not fall in definition of existing govt. servant as such he was not entitled to pay ..... arising out of retiral benefits and interest @ 12% on the benefits from the date they became payable till the date of actual payment.2. brief facts of the case are that initially the petitioner was appointed on 02.02.1970 as police constable in the r.a. .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)209CTR(Raj)363; [2008]298ITR16(Raj)
..... assessment by ignoring the provisions made in the scheme for honouring the honest taxpayers issued by the cbdt in exercise of its power under section 119 of the it act 7. it is true that in ordinary course the scrutiny of the taxpayer who has been honoured under the aforesaid scheme would not have taken place for ..... . specific plea about the aforesaid incentive was not before the ao, however, it was subsequently raised. however, the tribunal also noticed that there is no ground for invoking sub-para (ii) of para (4) of the aforesaid scheme on the ground that prior approval of the cit/chief cit was not obtained before subjecting his case ..... parties.2. the assessee was awarded a samman patra under the scheme for honouring the taxpayers from the categories of business, profession and salaried people who are highest taxpayers having income about the minimum level prescribed for a continuous period stated in the scheme which was contained in the budget speech delivered by the finance minister .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)218CTR(Raj)417; [2009]316ITR391(Raj); [2009]178TAXMAN304(Raj)
..... or other securities for money issued by or on behalf of a local authority or a company or a corporation established by a central, state or provincial act.(2) nothing contained in sub-section (1) shall be construed as precluding an assessee from being charged to income-tax in respect of any interest on securities received ..... that whatever was the consideration, which prompted the assessee to purchase the securities, the price paid for them was in the nature of a capital outlay, and no part of it can be set off as expenditure against income accruing on those securities. subsequently, when these securities yielded income by way of interest, such income attracted ..... the question precisely involved is, as to whether the bank is entitled to have deduction of this element of interest from its income. the question as formulated in appeals no. 117, 119 & 120 comprehends, the effect of deletion of section 18 to 21, and significantly, the transaction price of such purchase of security, being taxable as .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)218CTR(Raj)21
..... (sc) despite the same being fully applicable to the facts of the present case?3. a perusal of the two questions show, that the substantive question is question no. 2, inasmuch as the question is as to whether the matter was required to be decided on the basis of judgment of the hon'ble supreme court, in the case ..... sugars ltd's case (supra) was explained, and was found to be different. it has been observed, that the phrase 'actual cost' has not been defined in the act, therefore, it has to be explained in the common parlance, and to find that out, the normal rules of accountancy, prevalent in the commercial and industrial circles were noted ..... filed a revised return, showing business loss of rs. 3,21,802, and claimed, that the interest and finance charges along with other pre-production expenses are required to be capitalized, and therefore, the interest income of rs. 2,92,440 should reduce the pre-production expenses, which would ultimately be capitalized, and pointed out, that in the .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)8VST770(Raj)
..... tribunal allowed the benefit of purchase of welding and drilling machines to be included in capital investment for computing benefit under section 10f of the bengal finance (sales tax) act, 1941.7. therefore, this court finds that the authorities below have erred in imposing penalty under section 10a of the cst ..... for the revenue is distinguishable inasmuch as in the case before the honourable madras high court the goods mentioned in registration certificate were 'machinery connected with flour milling'. no such respective words are available in the present case and since the term 'machinery and their parts' has been used in general sense and these words taken by ..... held against the assessee and have upheld the said penalty amounting to rs. 13,600.2. mr. gogra, learned counsel for the assessee-petitioner, submits that the tax board has erred in upholding the said penalty under section 10a of the cst act because the lathe machinery was purchased by the assessee at the concessional rate of three .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)220CTR(Raj)366
..... court, in cit v. ayurvedic sevashram p. ltd. reported in , wherein, on facts also, the assessee company had paid guarantee commission to the relatives of the directors, who had secured finances for the company, and it was found that the deduction had resulted in remuneration to the relatives of the directors of the company. the guarantee commission was paid for securing ..... .1. these 10 appeals by the revenue are relating to different assessment years. identical questions have been raised by the revenue in all the 10 appeals, but then in appeals no. 51, 52 of 2005, 25, 38 and 40 of 2007, it was found by this court that, as the question suggested by the revenue, being about admissibility of the ..... 57, wherein the hon'ble supreme court has held, that so far final conclusion of the admissibility of an allowance is concerned, the same is a question of law.2. it may be observed that we sent for 43 itr, and find, that the volume is not relating to 1967, but it relates to 1961, and therein there is .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)215CTR(Raj)482; [2008]306ITR368(Raj)
..... holding that appellant - assessee was not entitled to exemption for residential house under section 53 of the i.t. act.?2. the necessary facts, devoid of unnecessary details, are, that there existed a plot of land, being plot no. 20 at sector-a, kamla nehru nagar, jodhpur, having a boundary wall and a garage cum room constructed thereon ..... 53.5. we stand better advised to reproduce the provisions of section 53, as they existed at the relevant time, as they have subsequently been omitted, by finance act of 1992, w.e.f. 1.4.93 which read as under:53 notwithstanding anything contained in section 45, where in the case of the assessee being an ..... exemption under section 53, exemption was rightly refused.8. we have considered the submissions, and have gone through the provisions of section 53. admittedly the income tax act does not define the expression 'residential house', and section 53 only comprehends 'buildings or lands appurtenant thereto and being a residential house'. thus it does not exempt .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1460; 2009(1)WLN116
..... the impugned order summoning the appellants straightaway was merely an interlocutory order which could not be revised by the high court under sub-sections (1) and (2) of section 397 of the 1973 code. the order' of the judicial magistrate summoning the appellants in the circumstances of the present case, particularly having ..... discussed hereinafter.11. broadly speaking, section 397 of the code operates when the order is final because there is a bar in filing revision under section 397(2) with regard to interlocutory order or under section 397(3) in second revision. against such interlocutory orders or second revisions, if they cover under any ..... basis of which the learned magistrate has taken cognizance against the petitioner. hence this misc. petition.4. in criminal misc. petition no. 41/2008, a complaint under section 29(1) of the insecticides act, 1968 was filed by the assistant director of agriculture (extension) & insecticides inspector, hanumangarh junction, on 17.3.2006 alleging .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)497
..... rent with retrospective effect could result in re-assessment of the annual value of the property by recourse to section 147/148 of the income tax act, 1961?(2) if so, whether recourse to section 147/148 as on the date noticed were issued for the assessment were within the limitation for initiating ..... answered it in the negative, by interpreting provisions of section 22 and 23. thus, no fault was found in the orders of the tribunal. however, the question framed, on the aspect, about the provisions of section 25b, as introduced by the finance act, 20000, being clarificatory in nature, and therefore, have retrospective effect, remained unanswered. ..... subsequently notices were issued to the assessee under section 148, in response whereto the returns of income were filed. then again notices were issued under section 143(2), in response whereto the authorised representative appeared, and submitted written reply.7. the reopening was sought on the basis, that in the assessment year 1995-96, .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)220; 2008[10]STR355; [2008]15STT333; (2009)21VST197(Raj)
..... assistant commissioner, central excise department, alwar directing the petitioner to deposit service tax amounting to rs. 2,75,042/- for being not entitled to the benefit of notification dated 1-3-2005. the assistant commissioner imposed penalty of rs. 2,75,042/- under section 76 of the finance act, 1994 and also imposed the penalty in the same amount under section 78 of that ..... parties, we are of the view that the petitioner had been able to make out a case for partial waiver of pre-deposit. it is not that the petitioner has no case at all in the appeal. as regards the financial condition, the counsel for the petitioner placed before us the petitioner's balance sheet of the year 2005-2006 ..... 's depositing an amount of rs. 1,37,521/- with the commissioner of appeals-i within two weeks from today, the order dated 26-10-2007 passed in appeal no. 189/(rks)st/jpr-i/07 shall stand set aside and appeal would be restored to the file of commissioner (appeals-i), customs and central excise, jaipur .....
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