Judgment Search Results Home > Cases Phrase: finance no 2 act 2009 section 32 amendment of section 80dd Court: punjab and haryana Page 1 of about 61 results (0.101 seconds)

Union of India and Others Vs. All India Postal Ed Employees Union (Pun ...

Court : Punjab and Haryana

..... in the conspectus of the aforesaid legal position, the only question to be examined will be as to what is the meaning and interpretation of the office memorandum dated 10.10.2008 of the ministry of finance which appears to be a consequence of the amendments carried out to the said act while increasing the civil writ petition no.13491 of 2009 10 ceiling under section 12 of that act from ` 2,500/- to ` 3,500/- per mensem. ..... we may also note that the office memorandum dated 10.10.2008 itself states that it is being issued consequent upon recent amendments to section 2 (13) and section 12 of the said act enhancing the calculation ceiling effective from 1.4.2006. ..... now, turning to the provisions of the payment of bonus act, 1965 (for short 'the act').an employee is defined under clause (13) of section 2, being the definition clause, as under:- (13) "employee" means any person (other than an apprentice) employed on a salary or wage not exceeding ten thousand rupees per mensem in any industry to do any skilled or unskilled manual, supervisory, managerial, administrative, technical or civil writ petition no.13491 of 2009 4 clerical work for hire or reward, whether the terms of employment be express ..... the said act also introduced the concept of bonus civil writ petition no.13491 of 2009 5 linked with production or productivity by amending act no.23 of 1976. .....

Commissioner of Income-tax Hisar Vs. Shri Zora Singh Prop. M/S Zora Si ...

Court : Punjab and Haryana

..... to examine the matter afresh after taking into account the books of accounts of the assessee particularly when power to set aside the case by the cit(a) has been withdrawn with effect from 01.06.2011 by making amendment through finance act, 2001 ?. ..... the appellant-revenue has filed the present appeal under section 260a of the income tax act, 1961 (for short 'the act') against the order of the income tax appellate tribunal (for short 'the itat'), chandigarh bench b . ..... **** ajay kumar mittal, j.this order shall dispose of two ita nos.299 and 300 of 2009 as according to the learned counsel for the parties, identical issues are involved therein. ..... assessing officer and the said proceedings had finally been decided by the tribunal on 17th may, 2012 in favour of the kaur sukhpreet 2013.09.24 16:27 i attest to the accuracy and integrity of this document chandigarh ita no.299 of 2009 (o & m) ::3:: respondent-assessee. ..... ita no.300 of 2009 (o & m) commissioner of income-tax, hisar .... ..... ita no.299 of 2009 (o & m) commissioner of income-tax, hisar .... ..... ita no.299 of 2009 (o & m) ::1:: in the high court of punjab and haryana at chandigarh date of decision: september 19, 2013 1. ..... kaur sukhpreet 2013.09.24 16:27 i attest to the accuracy and integrity of this document chandigarh ita no.299 of 2009 (o & m) ::2::3. ..... for brevity, the facts are being taken from ita no.299 of 2009.2. .....

Krishna Udyog Vs. Union of India (Uoi) and anr.

Court : Punjab and Haryana

Reported in : 2007(207)ELT194(P& H)

..... 22 (fe- 2006)/ 2004-2009 dated july 24, 2006 was issued by the government of india, ministry of commerce and industry, department of commerce, in exercise of powers conferred by section 5 of the 1992 act read with para 2.1 of the policy, making the following amendments in the policy:import of vanaspati from sri lanka under india-sri lanka free trade agreement shall be allowed freely in such cases where the bill of ..... section (2) applies shall be deemed to be goods the import or export of which has been prohibited under section 11 of the customs act, 1962 (52 of 1962) and all the provisions of that act shall have effect accordingly.section 5: export and import policy:- the central government may, from time to time formulate and announce, by notification in the official gazette, the export and import policy and may also, in the like manner, amend ..... handbook, contained in para 1.2 of chapter 1 thereof, is extracted below:1.2 objectivethe objective of this handbook is to implement the provisions of the foreign trade (development and regulation) act, 1992, the rules and orders made thereunder and the foreign trade policy (2004-09) incorporating the export and import policy (2002-07) by laying down simple, transparent and edi ( ..... india, ministry of finance (department of ..... agreement between the democratic socialist republic of sri lanka and the republic of india) rules, 2000 published with the notification of the government of india in the ministry of finance (department of revenue) no. .....

Date of Decision : 5.8.2013 Vs. Union of India and Others

Court : Punjab and Haryana

..... it was noticed that amendment made by the finance act, 2007 with effect from ..... by the amendment made by finance act of 2007 ..... as substituted by an amendment by the finance act, 2007 with effect from ..... thereafter, vide amendment from 1.6.2007 changes were made in sub sections (2a) & (2d) of section 245d and section 245ha which provided where an application for settlement of case before the settlement commission was made before 1.6.2007 then tax along with interest thereon must be paid on or before 31.7.2007 ..... 1997 under section 245d(1) allowing the petitioner to proceed with the application for the said assessment years and to pay the additional amount of income tax payable on the income disclosed and furnish proof of such payment to the settlement commission and the assessing officer as per provisions of sub section (2a) of 245d of the act (prior to the amendment). ..... apex court while deciding the issue as to whether interest was payable under the proceedings pending before the settlement commission under chapter xix-a of the act held that the applicant has to pay additional amount of tax with interest for which the application for settlement would be maintainable upto the stage of section 245d(1) and the settlement commission cannot reopen its concluded proceedings under ..... the judgment reads as under:- interest on default in payment of advance tax comes under sections 234a, 234b, 234c, which fall in chapter xvii which deals with collection and recovery ..... before this court on 25.2.2009. .....

income Tax Appeal No.70 of 2013 Vs. Ved Niketan Dham, Public Charitabl ...

Court : Punjab and Haryana

..... 12aa xx xx xx (1) xx xx xx (2) xx xx xx (3) where a trust or an institution has been granted registration under clause (b) of sub-section (1) [or has obtained registration at any time under section 12a [as it stood before its amendment by the finance (no.2) act, 1996 (33 of 1996)].and subsequently the commissioner is satisfied that the activities of such trust or institution are not genuine or are not being carried out in accordance with the objects of the trust or institution, as the case ..... may be, he shall pass an order in writing cancelling the registration of such trust or institution: provided that no order under this sub-section shall be passed unless such ..... substantial questions of law:- i) whether on the facts and law, the hon'ble income tax appellate tribunal was justified in holding that the satisfaction of condition of section 11 to 13 of the act is not to be gone into by the commissioner of income-tax while granting registration u/s 12aa of the act, whereas such examination would allow commissioner of income tax to satisfy himself about the genuineness of the aims and objects of the trust/society and genuineness of its varinder ..... 19.02.2009. .....

Gurdas Garg Vs. Commissioner of Income-tax (Appeals), Bathinda

Court : Punjab and Haryana

..... 2431 (e) - in exercise of the powers conferred by section 295 read with proviso to sub section (3a) of section 40a of the income tax act, 1961 (43 of 1961), the central board of direct taxes hereby makes the following rules further to amend the income tax rules, 1962, namely: 1. ..... that no disallowance shall be made and no payment shall be deemed to be the profits and gains of business or profession under sub-section(3) and this sub-section where a payment or aggregate of payment made to a person in a day, otherwise than by an account payee cheque drawn on a bank or account payee bank draft exceeds twenty thousand rupees, in such cases and under such circumstances as may be prescribed, ..... is open to the assessee to furnish to the satisfaction of the assessing officer the circumstances under which the payment in the manner prescribed in section 40-a(3) was not practicable or would have caused genuine difficulty to the payee. ..... , the cit held that the bar against the grant of deductions under section 40a(3) of the act was not attracted. 5. ..... tribunal, however, held that the claim for deduction was not sustainable in view of section 40a(3) as the payments which were over rs. ..... as noted in the assessment order, during the course of assessment proceedings, the details of the closing stock as on 31.03.2009 alongwith details of sales/purchases were placed on record. ..... the amendment appears to have been by a notification dated 10.10.2008 issued by the ministry of finance (department of revenue) cbdt .....

Commr. of C. Ex. Vs. Steel Craft (India)

Court : Punjab and Haryana

Reported in : 2010[17]STR8

..... the revenue has approached this court by invoking section 83 of the finance act, 1994 (for brevity, 'the finance act') read with section 35-g of the central excise act, 1944 (for brevity, 'the excise act') challenging order dated 1-1-2008 (a-3) passed by the customs, excise and service tax appellate tribunal, new delhi (for brevity, 'the tribunal').2 ..... the tribunal has also extended the benefit of section 80 of the finance act, which says that notwithstanding anything contained in the provisions of section 76 or 78 of the finance act, no penalty is to be imposed on the dealer-respondent for any failure referred to in those provisions ..... therefore, we are not inclined to admit the appeal as no substantive question of law would arise for determination, which is sine qua non for admission of appeal under section 83 of the finance act read with section 35-g of the excise act.4. ..... that there are pure findings of fact recorded by the tribunal with regard to the reasons having been shown by the dealer-respondent and the bona fide of the dealer-respondent has been accepted in terms of section 80 of the finance act as well. ..... , it has been held that it was not a fit case for imposition of penalty under section 76 or 78 of the finance act.3. ..... it has also been concluded that in the facts and circumstances there was no willful mis-statement or suppression of facts on the part of the dealer-respondent to evade tax, which is necessary for invoking the provisions of section 76 and 78 of the finance act. .....

Commissioner, Central Excise Commissionerate Vs. A.D. Communication

Court : Punjab and Haryana

Reported in : 2009[15]STR678; [2009]20STT495

..... the only argument raised by the counsel for the appellant, which was also the submission before the tribunal in rectification application, is that under section 84(5) of the finance act, the revisional authority, has passed the order within the period of two years from the date of the order passed by the adjudicating authority. ..... 4 and 5 of 2009, which have been filed by the revenue under section 35g of central excise act, 1944 (for brevity, 'the act') read with section 83 of the finance act, 1994 (for brevity, 'the finance act'), challenging the common order dated 7-9-2007 and orders dated 3-4-2007 (in sta no. ..... by virtue of exercise of power by the revisional authority within a period of two years the provisions of section 84(5) of finance act has worked itself one. ..... once the initial order has been passed within a period of two years, the provisions of section 84(5) of the finance act stands complied with. ..... for the appellant, we find that the argument is baseless because the adjudicating authority has passed the order-in-original on 30-11-2004 whereas the revisiorial authority has revised that order on 28-11-2006 by exercising jurisdiction under section 84(5) of the finance act. ..... 9, 10 and 11 of 2009, which were dismissed on 20-4-2009.5. ..... 6 of 2009, which was dismissed on 17-4-2009, and sta nos. ..... 5 of 2009), passed by the customs, excise and service tax appellate tribunal, new delhi (for brevity 'the tribunal').2. ..... 4 of 2009) and 23-3-2007 (in sta no. .....

industrial Finance Corporation of India and anr. Vs. Sehgal Papers Ltd ...

Court : Punjab and Haryana

Reported in : AIR1986P& H21

..... respondent-company, inter alia, to broadbase its board of directors by inducting two independent persons, to constitute a managing committee with the corporation's approval, to strengthen its organisational set-up, particularly on the financial side by appointing whole time finance director to the satisfaction of the corporation and to give an undertaking to keep the corporation informed of the developments in regard to execution of conveyance deed in respect of the land, measuring 109-57 acres and to create a mortgage ..... it was intended to perform in that it failed to heat the house adequately and gave off fumes so as to make the living rooms uncomfortable; as those defects could not be put right by some slight amendment of the system, and taking into account the cost of repairs, it was impossible to say that the contract had been substantially performed by the plaintiff '. ..... by the court while dealing with the petitioners under section 30 of the industrial finance corporation act? ..... promoters, their friends, relatives and associates by paying cash amount, before any shares were offered to the public; and that the company should get its memorandum and articles of association suitably amended so as to be able to issue and raise equity share capital for financing the project as proposed.51. ..... that required amendment in the memorandum ..... was any mistake in the appraisal report the company could point it out to the petitioners-institution and get the conditions of the fresh loan amended. .....

Dalmia Dadri Cement Ltd. Vs. Commissioner of Income-tax (No. 2)

Court : Punjab and Haryana

Reported in : [1970]77ITR849(P& H)

..... on the facts and in the circumstances of the case, the assessee's profits and gains earned in the calendar year 1954 were assessable to tax for the assessment year 1955-56 at the rates in force, according to the finance act, 1955, or in accordance with clause 23 of the agreement of april 1, 1938, above referred to (2) whether, on the facts and in the circumstances of the case, the legal expenses of rs. ..... april 13, 1950, the patiala and east punjab states union accepted the federal financial integration scheme and became a taxable territory of the union of india with the result that the indian finance act, 1950, and subsequent finance acts became applicable to it for the purposes of levy of income-tax for each assessement year. ..... answer to the first question, therefore, is that the assessee's profits and gains earned in the calendar year 1954 were assessable to tax for the assessment year 1955-56 atthe rates in force according to the finance act, 1955, and not in accordance with clause (23) of the agreement dated april 1, 1938, referred to above. 6. ..... revenue authorities, it was claimed by the assessee that it was liable to pay tax only at the concessional rates provided in clause 23 of the above-said agreement and not at the rates laid down in the relevant finance act. ..... the first requirement of clause (xv) of sub-section (2) of section 10 of the indian income-tax act, 1922, under which the allowance was claimed, has not been satisfied and, therefore, the amount claimed had been rightly .....