Court : Rajasthan
Reported in : 1992(3)WLC329; 1992WLN(UC)421
..... in computing the income of the assessee of the previous year in which the sum is so paid.11. sub-section (7) of section 40a was inserted by the finance act, 75(25) of 1975 with retrospective effect fro 1st april, 1973. from the bare perusal of sub-section 1 of section 40a it would be evident that the ..... conditions laid down in section 36(1)(v) and section 40a(7)(a) were not satisfied. since this amount was not debited in the profit and loss account no additions were made while disallowing the claim of the assessee.3. the assessee has preferred as appeal to the learned appellate assistant commissioner of income-tax central range, jaipur ..... an acturial valuation of the ascertainable liability of the assessee for payment of gratuity to his employees on their retirement or on termination of their employment for any reason;(2) the assessee creates an approved gratuity fund for the exclusive benefit of his employees under an irrevocable trust, the application for the approval of the fund having been .....
Tag this Judgment!Court : Rajasthan
Reported in : (2007)211CTR(Raj)585; [2008]299ITR368(Raj)
..... our view, the present controversy is squarely covered by the decision of the hon'ble apex court as referred above in cit v. shaan finance (p) ltd. (supra) and we have no hesitation in holding that the construction equipment vehicles like dumpers, tippers and hydraulic excavators are not road transport vehicles and profit gained out of it ..... for the revenue, we are fortified by the decision of the hon'ble supreme court in cit v. shaan finance (p) ltd. (supra) that in the absence of any such requirement under section 32a(2)(b) of the act that the assessee must himself use the plant or machinery, investment allowance cannot be disallowed to an assessee because ..... him. clause (b) to second proviso of sub-section (1) of section 32a debars road transport vehicles from the purview of deduction as investment allowance. there is no dispute with regard to the fact that in all the three appeals, loaders, dumpers, tippers and hydraulic excavators are owned by the assessee respondents. the question for .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)218CTR(Raj)140
..... , that the hon'ble supreme court in cit v. podar cement (p) ltd. and ors. : [1997]226itr625(sc) has taken the view, that section 27 has been amended by finance act of 1987, with retrospective effect, with a result that under section 22, owner is a person, who is entitled to receive income in his own right, and by virtue of ..... names of all the partners, or some of the partners, but are treated as firm's assets, as per the agreement among the partners, in those cases, there is no requirement of registration in favour of the firm. obviously as a necessary corollary, the adjustment of mutual rights by withdrawing the assets of the partnership by the partners, which in ..... and the food corporation of india, has taken these nine godowns on hire, therefore, should be treated as assets, jointly owned by the partners in their individual capacity, since 1-2-1979.6. it is against this judgment (annex. 7) dated 28-7-1984, that reference was made to this court, and this court vide judgment dated 21-7-1994, .....
Tag this Judgment!Court : Rajasthan
Reported in : 1995(2)WLN208
..... or fee by whatever name called' were inserted in clause (a) w.e.f. 1.4.89. by the finance act, 1989. explanation -ii was added retorpsectively from 1.4.84 which read as under:for the purpose of clause (a) as in force ..... provisos to this section were inserted by the finance act of 1987 w.e.f. 1.4.88. it is the second proviso which was substituted by the finance act, 1989. the second proviso now is as under:provided further that no deduction shall, in respect of any sum refferred ..... history, object and reasons were not taken into consideration. the provisions of section 43b cannot be considered to be charging provision as no charge is created by the said section and it was only intended to restrict the relief with regard to claim for which one ..... the object and purpose of introducing the first proviso was understood in the same manner by the department as per the departmental circular no. 550 (see-(1990) 182 itr 114 quoted above.(v) fiftly, this interpretation is not in any way going to cause any .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)215CTR(Raj)176
..... assessment, when the reopening was clearly barred by limitation. a look at the amending provision being the finance act 2 of 1998, section 46 thereof does show, that the words used are 'in section 158be of the income tax act, after sub section (2), the existing explanation shall be renumbered as explanation 1 and after explanation 1 as so renumbered, ..... made on 25.3.1996, and the assessment was completed on 13.11.1997. regarding the effect of finance act of 1998, whereby the amendment was inserted with effect from 1.7.1995, it was held that, that is of no help to the revenue, as the assessment that had already become barred by limitation, and could not ..... as it then existed as on 5.6.1997, and thereunder, the dy. commissioner of income tax was the competent authority, for according previous approval, and, therefore, no delegation was required to be substantiated, as expected by the tribunal.7. nobody appears on behalf of the assessee, despite service of notice, which was served way back on .....
Tag this Judgment!Court : Rajasthan
Reported in : (2008)217CTR(Raj)467; RLW2008(3)Raj2509; [2008]13STJ301; 2008[11]STR5; (2008)15VST542(Raj)
..... in appeal no. 25, which arose out of the appeal no. 68 before the tribunal, the question no. 2 did not at all arise. be that as it may. the questions framed in both the appeals read as under:(1) whether the tribunal could reduce the penalty imposable under section 76 of the finance act, 1994 as amended by the finance act, 1998 ..... read with rule 6 of the service tax rules below the minimum limit prescribed under that section?(2 ..... commissioner was rejected because of default by the assessee in payment of pre-deposit required under section 35f of the central excise act, 1944?6. so far as the question no. 2 as involved in appeal no. 4 is concerned, admittedly the requirement of pre-deposit has not been complied with. even the learned tribunal has not recorded .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2009(2)Raj1495; 2009(1)WLN110
..... said order dated 23/7/2004 was not challenged by the defendant and, therefore, the eviction decree was liable to be passed on the ground of default.on issue no. 2 and 3 about the personal bonafide need of the plaintiff for his son to carry on his business, the learned first appellate court held that merely because plaintiffs son ..... require the suit shop for carrying the business of cattle feed as it has come on record that he had sufficient experience in the said business and can procure finance for the same by selling oft his car taxi and by taking loan from his father or otherwise. the objective satisfaction regarding personal bonafide need of the learned ..... which established the payment of rent on annual basis to the plaintiff and, therefore, the default of six months as required under section 13(1)(a) of the act of 1950 was not established. regarding personal bonafide necessity, the learned trial court found that plaintiff had two other shops also for which he had filed eviction suit and .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1999Raj269; 1999(3)WLC337
..... an agency to conduct the examination and sent the merit (list) to aicte for allocating the seats to the approved institutions. the respondent no. 2 is to act only as an conduit in between the aicte and the university of rajasthan.17. in the written statement filed by the university, the only defence being ..... vide annexure-13 accorded the provisional extension with retrospective date to all the colleges with effect from the session 1995-96, except two of them appearing at sr. no. 2 lachhu memorial college of science and technology, jodhpur which was granted approval for 1996-97 and parmanand degree college, gajsinghpura from 1998-99. what does it mean. ..... any department or departments of such technical institutions or university in the manner as may be prescribed.5. chapter iv of the act deals with the formation of the executive council and chapter v incorporates the finance. accounts and audit of the council. sections 22 and 23 enable the council to make rules and regulations which had to .....
Tag this Judgment!Court : Rajasthan
Reported in : 1981WLN127
..... passed without following the procedure prescribed under section 57, sub-sections (3), (4) and (5). assuming for argument's sake, that the non-petitioner no. 2 sagruddin, had no locus stand to file an appeal or revision before the state transport appellate tribunal against the order of the regional transport authority dated may 27, 1978, the ..... of rajasthan23. it is little surprising how this order was altered by the registrar without even making a reference to the government and taking concurrence of the finance department. this aspect of the case would be dealt with little later when the precise objections of mr. shishodia in this respect are considered24. the net ..... important recommendations for the creation of a unified au india bar and a common roll for advocates. in pursuance of the recommendations of the bar committee the advocates act, 1961 came into force. one important feature of the law was the integration of bar into a class of legal practitioners known as 'advocates'. the rules .....
Tag this Judgment!Court : Rajasthan
Reported in : [2003(97)FLR86]; RLW2004(2)Raj830; 2003(4)WLC305
..... the additional chief judicial magistrate, sangaria, district hanumangarh (for short, 'the trial court hereinafter'), whereby the trial court, on a private complaint by non-petitioner no. 2 akshay kumar, took cognizance of the offences under sections 467, 468, 471, 420 and 120-b of the indian penal code and issued process against the ..... raghubans dubey) only on those grounds which were before the sub-divisional magistrate as the material before the magistrate were not identical, the sdm had acted on the police report alone but the magistrate took into consideration the evidence of two prosecution witnesses examined in the court as well and accordingly the ..... the offences, of which cognizance was taken by the magistrate, were punishable under sections 302/34,324 and 448 ipc and section 27 of the arms act. obviously, in that case, the offences were triable exclusively by the court of sessions.14. chapter xiv of criminal procedure code provides the conditions requisite for initiation of .....
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