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Farrukhabad GramIn Bank Vs. Income-tax Officer

Court : Allahabad

Reported in : (2005)194CTR(All)67; [2005]273ITR113(All)

..... the supreme court, in appeal, confirmed the order of the high court with the observation that when notices under section 148 of the act have been issued, the proper course of action for the noticee is to file the return and if he so desires, to ask reasons for ..... faced with this situation learned counsel for the respondent submitted that the day on which notices under section 148 of the act were issued, the assessing authority validly assumed jurisdiction to initiate reassessment proceedings in view of the then prevailing law, as interpreted by the supreme court in the case ..... petitioner is a regional rural bank and is an incorporated body established on march 29, 1976, under the provisions of section 3(1) of the regional rural banks act, 1976. ..... view of the above discussion we are of the opinion that the reassessment notices under section 148 of the act for the assessment years involved in the present writ petition are totally without jurisdiction and they are hereby quashed ..... the high court refused to examine the validity of the notices issued under section 148 of the act as it took a view that all objections in its reply to the notice can be raised by the petitioner,before the assessing authority in the course of ..... shareholding in the petitioner is as follows :(1) government of india 50%(2) bank of india 35%(3) government of uttar pradesh 15%3. ..... was established mainly with a view to provide basic banking facility in the remote rural areas and to mobilise savings from the rural masses. .....

Sharda Sahayak Samadesh Kshettra Vikas Nigam Ltd. Vs. Commissioner of ...

Court : Allahabad

Reported in : (2000)162CTR(All)220; [2000]244ITR364(All); [2000]109TAXMAN24(All)

..... assessee-company's claim of carrying on business cannot be accepted and the only expenses shown to have been incurred for earning the income from interest on fixed deposits and miscellaneous income were the bank charges, only these expenses and no other expenses could be allowed as a deduction against the income from interest on fixed deposits and miscellaneous income which falls for assessment under the head ' ..... account of bank charges as a deduction against the income on fixed deposit and savings bank account amounting ..... the assessee-company was registered as a government public company, as defined in section 617 of the companies act, 1956, for a large number of objects which are mentioned in clauses (1) to (42) of the memorandum of association, which includes objects like (a) modernisation, maintenanceand operation of the irrigation system, (b) development of field channels and ..... appellate tribunal, allahabad, has under section 256(1) of the income-tax act, 1961, referred the following questions for the opinion of this court ..... under the general law relating to companies as contained in the companies act, 1956, and therefore, it could not be treated as an authority as contemplated by section 10(20a) of the act. ..... be exempt under section 10(20a) of the income-tax act, 1961. ..... justified in holding that the assessee-company was not an authority as envisaged by section 10(20a) and was therefore not entitled to the exemption under clause (20a) of section 10 of the income-tax act, 1901 ? 2. .....

Nirmal JaIn Vs. Pradeshiya Industrial and Investment Corporation of U. ...

Court : allahabad

..... the court, thus, clearly held that for recovery of debts under the recoveries act is not saved under section 34 (2) and that the bank or financial institution does not have the option of adopting recovery procedure under the ..... on 11.12.1996, the central government, in exercise of its powers under section 46 of sub-section-1, in response to the request of the state government, notified that the provisions of sections 29, 30, 31, 32, 32- a, 32-b, 32-c, 32-d, 32-e & 32-f of the state financial corporation act, 1951 shall apply to the ..... according to the petitioner, no certificate has been issued by the government of uttar pradesh for realization of the said amount as arrears of land revenue ..... (recovery of dues) act, 1972 (hereinafter referred to as 'recovery act') for realization of the loan amount in view of section 34 of the recovery of debts due to the banks and financial institutions act, 1993 (hereinafter referred to as 'drt act').7. ..... the ministry of finance, government of india, vide a notification declared the picup to be a public financial institution ..... mefa india limited was a company, incorporated under the companies act, 1956 having its registered office at 865, chandni chowk, ..... words, a bank or a financial institution has the option or choice to proceed either under the act or under the modes of recovery permissible under the financial act. ..... act is not saved under the said ..... the court observed that after the coming into force of the drt act, recourse to the provisions of the u.p. .....

Commissioner of Income-tax -II, Agra Vs. Dimpal Yadav

Court : Allahabad

..... or deposit or specified sum taken or accepted from, or any loan or deposit or specified sum taken or accepted by, (a) the government; (b) any banking company, post office savings bank or co-operative bank; (c) any corporation established by a central, state or provincial act; (d) any government company as defined in clause (45) of section 2 of the companies act, 2013 (18 of 2013); (e) such other institution, association or body or class of institutions, associations or bodies which the central government may, for reasons to be recorded in writing, notify in this behalf in the official gazette: provided further that ..... - for the purposes of this section, (i) "banking company" means a company to which the provisions of the banking regulation act, 1949 (10 of 1949) applies and includes any bank or banking institution referred to in section 51 of that act; (ii) "co-operative bank" shall have the same meaning as assigned to it in part v of the banking regulation act, 1949 (10 of 1949); (iii) "loan or deposit" means loan or deposit of money; (iv) "specified sum" means any sum of money receivable, whether as advance or otherwise, in relation to transfer of an immovable property whether or not the transfer takes ..... further, we find that the cash was deposited in the bank account of the assessee and the money was thereafter, routed through the banking channel for payment to the government for converting the land into free hold property. 17. .....

Chandrika Prasad Gupta and Others Vs. State of U. P. and Others

Court : Allahabad

Reported in : 2000(2)AWC960

..... on behalf of the petitioners, at the outset, it is submitted that the college cannot be said to be owned and controlled by the state government and, therefore, section 13, the uttar pradesh high schools and intermediate colleges (payment of salaries of teachers and other employees) act, 1971 is not attractedin the facts of the present case and contrary stand taken by the petitioners in the writ petition may be ignored for the reason ..... further directed to take steps, undertake requisite exercise for fixing salary of the teachers of the college according to the government order dated october 4, 1989, calculate arrears of salary with respect to each teacherand pay the same after deducting any ..... is argued that corporation can legitimately adjust its additional burden from the grant it receives from the government for the purpose of payment of salary to the teachers and employees from thegovernment particularly when the ..... the respondents to maintain separate 'salary payment account' in a nationalized bank for the college, deposit therein entire amount of grant received from state government or educational authority with immediate effect, continue to deposit the amount of grant-in-aid in the said bank account and pay salary to the eligible teachers in accordance with the provisions of payment of salaries act. ..... is in jeopardy, it is expected that the government shall take a prompt and suitable decision within four months of receipt of this judgment, to save the educational institution.31. .....

Firm Mansa Ram and Sons Vs. Hira Lal Sanon and anr.

Court : Allahabad

Reported in : AIR1940All209

..... on a perusal of the rulings cited on both sides, it is clear that the real test in finding out whether a case is governed by article 85, limitation act, is to find out whether the balance was shifting in favour of one party or the other. ..... these circumstances i am clearly of opinion that the account between the parties is open, current and mutual and therefore the case is governed by article 85, limitation act, and was within limitation.7. ..... that position continued till the date on which the defendants executed the promissory note and a receipt and from that date the plaintiff bank became the creditor and the defendants became the debtors. ..... that question loses all its importance in view of my finding that the suit is governed by article 85, limitation act. ..... the defendants deposited a sum of money with the plaintiff bank and to the extent of the money deposited the plaintiff's position was that of a ..... plaintiff pleaded that the account between the parties was open, mutual and current and therefore the suit was governed by article 85, lim. ..... as regards that matter, i am in entire agreement with the view taken by the court below that it is not an acknowledgment which would save limitation. ..... pass book of the defendants show that on 10th june 1930, they (four partners owning the firm styled sanon brothers) opened an account with the plaintiff bank and deposited a sum of rs. ..... behalf of the plaintiff applicant, learned counsel for the plaintiff has placed reliance on punjab united bank, ltd. v. .....

Gaon Sabha-tappal Tehsil Khair District Aligarh and anr. Vs. Satya Deo ...

Court : Allahabad

Reported in : 2004(2)AWC1735

..... sc 2602 (sc) is section 4 of the act and it has examined sections 4 and 6 of the act and has held that after abolition of zamindari entire state within the area as covered by notification under section 4 of the act vests in the state government, free from all encumbrances. ..... this provision authorises the state government to appoint panel lawyer on such terms and conditions and in such manner as may be prescribed in respect of cases of gaon sabha to appear, plead and act without any written authority on behalf of any gaon sabha of the area, for which he is appointed, before any court in any suit or other cases, by or against the ..... after the commencement of the act all rights title and interest vests in the state government and there is consequential divesting of interest of the ..... after vesting of the estate in the state government there would be settlement by legal fiction of law by the state government in favour of intermediary or tenant or other person of such wells, trees in abadi and building situate within the limits of state belonging to or held by such intermediary or tenant or other person on the date ..... correct interpretation of section 9 along with sections 4 and 6 of the act it is established beyond doubt that after the date of vesting entire estate vests in the state government free from all encumbrances. ..... of law could be placed before me by the learned counsel for the respondents which may have saved plaintiffs rights, title and interest over the disputed land.20. ..... bank .....

Ram Bilas Vs. State of U.P. and ors.

Court : Allahabad

Reported in : [1990(60)FLR567]; (1990)IILLJ564All

..... it firstly, results in harassment of the workman, secondly, it increases the work of courts, and thirdly it involves much unnecessary expenditure to the bank in contesting the case and ultimately in giving salary to the employee who was dismissed, without taking work from him during the pendency of the litigation. ..... the result is that these provisions regarding retrenchment and re-employment have to be followed irrespective of what may have been provided in the government orders or other acts relating to selection of a candidate by the institutional service board. ..... so, this is high time the bank should look in all such cases and take a proper attitude saving itself from loss and the workman from harassment.11. ..... when those regulations and government orders are superseded by this provision of the industrial disputes act, the question whether the workman was initially appointed regularly or irregularly becomes immaterial for the purposes of question involved in this case.9. ..... such contracts appear to be governed by the proviso, and the present case is not governed by that proviso.the second condition in section 6-n is that the workman has been paid, at the time of retrenchment, compensation which shall be equivalent to 15 days average pay for every completed year of service or any part thereof in ..... thus, the bank itself suffers. ..... co-operative bank where the state has its say. .....

The British India Corp. Ltd.Vs. Union of India and Others

Court : Allahabad

..... in the alternative it is urged that in view of notification dated 3.7.1998 issued by the central government in exercise of power under section 39 of the industrial disputes act, the irregularity stood cured and the award would be saved. 8. ..... on the verge of collapse, thus, affecting the production of goods so vital to the needs of general public, besides affecting the employment of a large number of persons directly on the one hand and adversely affecting the interests of the government, public financial institutions and the state bank of india, its bankers, on the other. ..... respondent contends that at best the petitioner may be a ''state' within the meaning of article 12 of the constitution as it has deep and pervasive control, but the industry is not being run by or under the authority of the central government and its shares are also held by state bank of india and other statutory authorities. ..... it would be irrelevant even if some shares were held by the state bank of india and other statutory authorities because even in their cases the appropriate government would be the central government and there is nothing on record to show that any of the statutory authorities are running the industry. 17. ..... the substantial shares of the company were held by the bajoria family and the president of india, state bank of india, life insurance corporation etc. .....

Jaswant Sugar Mills Ltd., Maliyana, Meerut Vs. Commissioner, Meerut an ...

Court : Allahabad

Reported in : 2001(3)AWC1681

..... provides for the recovery of dues payable to the state government or to the uttar pradesh financial corporation or any other corporation notified by the state government in that behalf or to any other nationalised or scheduled bank or to government company and to validate certain acts done and proceedings taken in the past and to provide for matters connected therewith. ..... thereof,makes any default in the refund of suchgrant or portion orany instalmentthereof; or (iii) otherwise fails to comply with the terms of the agreement, -then, in the case of state government, such officer as may be authorised in that behalf by the state government by notification in the official gazette, and in the case of the corporation or a government company, the managing director or where there is no managing director then the chairman of the corporation, by whatever name called thereof, and in the case ..... (4) in the case of any agreement referred to in sub-section (1) between any person referred to in that section and the state government or the corporation, no arbitration proceedings shall lie at the instance of either party either for recovery of any sum claimed to be due under the said sub-section or for disputing the correctness of such claim : provided that ..... (5) save as otherwise expressly provided in the proviso to sub-section (4) of this section or in section 183 of the u. p. .....