Court : Jharkhand
Reported in : 2001(49)BLJR36
..... , (supra), where their lordships observed : 'coining to the second question, namely, the issuance of notification by the state government in exercise of power under section 7 of the bihar finance act, it is true that issuance of such notifications entitles the industrial units to avail of the incentives benefits declared by the state government in its own industrial incentive policy. ..... the petitioner said to have filed a detailed petition before the joint commissioner of commercial taxes but the latter rejected the aforesaid petition on the ground that the same is not in accordance with law. 4. ..... it is stated that the resolution of the apex committee is not binding on the commercial taxes department and unless notification to that effect is issued by the government iii terms of the resolution, no benefit could be given to the petitioner. 5. mr. ..... in the result, this writ application is allowed and it is held that the petitioner is entitled to the deferment of sales tax for 5 years in terms of the resolution of the apex body. 12. ..... (vi) a sick unit being revived would be entitled to sales tax exemption/deferment exemption from minimum guarantee etc. ..... from 2000-2001 to 2004-2005 and further restraining the respondents from insisting upon and/or from realising the amount of sales tax for the aforesaid period of 5 years inasmuch as the petitioner is entitled to the benefit of deferment of sales tax under the industrial police, 1995. 3. .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR656
..... 6 lakh seized by it during the search carried out at the premises of the petitioner until an order in terms of section 132(5) of the income tax act, 1961 was passed and, secondly, whether the search and seizure as ordered in terms of section 132(1)(c) of the act and the consequential orders passed under section 132(5) of the act by the assessing officer and the appellate order passed by the commissioner under section 132(12) of the act were correct or not? 3. ..... briefly stated, the facts giving rise to these writ petitions are that the revenue after obtaining some information about the petitioner having undisclosed income and not paying tax under the income tax act, 1961, carried out search and in course of search found an amount of rs. ..... we have also seen the order passed under sub-section (5) of section 132 of the act by the assessing officer and also the order passed in appeal by the commissioner of the income tax under sub-section (12) of section 132 of the act and found that these two orders do not suffer from any illegality or error or irregularity. ..... to judge whether, after the money has been seized, to allow it to remain in the bank or at such other place or it will be in the interest of the revenue to remove it from there physically and to keep the same with the income tax department in the account of the central government till an appropriate order is passed under sub-section (5) of section 132 of the act. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2001]248ITR532(Jharkhand)
..... after its seizurecatch note:the revenue , after obtaining some information about the petitioner having undisclosed income and not paying tax under the income tax act, 1961, carried out the search and in the course of search found an amount of rupees six lakhs lying in the account of the petitioner, which he was maintaining in the bank--in terms of section 132(1) of the act, it ordered seizure of the aforesaid amount as was discovered during the search operation carried out at the ..... premises of the petitioner and the bank, because the revenue suspected that the aforesaid amount was the undisclosed income ..... being found in an account of an assessee maintained in a bank or in a private finance company, the revenue or the assessing officer is of the opinion that it is not safe to keep the money there and, therefore, any order passed under sub-section (3) of section 132 of the act may be an exercise in futility and, therefore, the removal of the money alone will serve the interests of the revenue.application:also to current assessment year.decision:in favour of revenue.income tax act 1961 s.132
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR653
orderm.y. eqbal, j.1. in this writ application, the petitioner has prayed for quashing the orders, dated 26.10,1999, 11.1.2000 and 15.11.2000 issued by the respondents, the chief personnel manager and deputy personnel manager, whereby the petitioner has been directed to deposit a sum of rs. 1,07,398/- by way of penal interest and further for a declaration that the respondents have no authority to deduct the aforesaid amount from the salary of the petitioner.2. the fact of the case lies in a narrow compass.3. the petitioner, while working as deputy personnel manager under therespondent-ccl at barkakana colliery,applied for loan for purchase of a car which was sanctioned by the respondents, vide letter, dated 1.9.1992 and the loan was disbursed on 15.10.1992. the petitioner purchased a vehicle on 9.11.1992 after adding the remaining amount and took delivery of the vehicle from m/s. narbheram & company ltd. the petitioner entered into an agreement with the respondent-ccl on 11.9.1992. petitioner's further case is that he was then applied for conveyance allowance and the respondents by letter, dated 10.12.1992 sanctioned rs. 600/- per month as conveyance allowance. the respondent-ccl then started deducting the loan amount from the salary of the petitioner (c) rs. 1,000/- per month. however, the petitioner received letter from general manager (p&a;), ccl, dated 28.6.1993 making allegation that the petitioner had temporarily embezzled the company's money as there was no record .....
Tag this Judgment!Court : Jharkhand
Reported in : 2001(49)BLJR2182
..... the petitioner challenges the initiation of proceedings under section 147 of the income tax act and with regard to the issuance of the notices in terms of section 148 of the income tax act, 1961 on the ground that the assessing officer has wrongly obtained the approval of the joint commissioner before issuing the impugned notices whereas he should have obtained the approval of the board because that was ..... the requirement of law as it stood in the year 1988, relating to the assessment year 1988-89.2. admittedly the petitioner received a notice in terms of section 148 of the income tax ..... . section 151 of the income tax act, 1961 is in the nature of procedural law ..... . 1961 (the notice is dated 8.12.1998) whereby the petitioner was informed by the assessing officer that he had reasons to believe that his income chargeable to tax for the assessment year 1988-89 had escaped assessment within the meaning of section 147 of the act and that, therefore, the assessing officer proposed to reassess the income for the aforesaid assessment year and accordingly notice under section 148 of the act was issued asking the petitioner to deliver to the assessing .....
Tag this Judgment!Court : Jharkhand
Reported in : [2001]250ITR508(Jharkhand)
..... the requirement of law as it stood in the year 1988 relating to the assessment year 1988-89.2. admittedly, the petitioner received a notice in terms of section 148 of the income-tax act, 1961 (the notice is dated december 8, 1998), whereby the petitioner was informed by the assessing officer that he had reasons to believe that ..... the petitioner challenges the initiation of proceedings under section 147 of the income-tax act and with regard to the issuance of the notices in terms of section 148 of the income-tax act, 1961, on the ground that the assessing officer has wrongly obtained the approval of the joint commissioner before issuing the impugned notices whereas he should have obtained the approval of the board because that was ..... his income chargeable to tax for the assessment year 1988-89 had escaped assessment within the meaning of section 147 of the act and that, therefore, the assessing officer proposed to reassess the income for the aforesaid assessment year and accordingly notice under section 148 of the act was issued asking the petitioner to ..... . section 151 of the income-tax act, 1961, is in the nature of procedural law .....
Tag this Judgment!Court : Jharkhand
Reported in : [2004]135STC385(Jharkh)
..... thereafter on the application of the petitioner tisco moved deputy commissioner of commercial taxes, urban circle, jamshedpur for grant of refund so that the amount may be refunded to the petitioner and the deputy commissioner of commercial taxes informed tisco that the refund can be granted in terms of section 42 of the bihar finance act only after the assessment is finalised for the period 1996-97 and 1997-98 and tisco, accordingly, informed the petitioner ..... of the pre-operative period is required to be booked under the heading of capital expenses which is forming part of the balance sheet whereas income/expenses of post-operative period is treated as a revenue and forming part of profit and loss account and as per norms the plant was capitalised in 1996-97 and in this ..... pre-operative and post-operative for the year of capitalisation of plant and the income/expenses of the pre-operative period is required to be booked under the heading of capital expenses which forms part of the balance sheet whereas income/expenses of post-operative period is treated as a revenue and forming part of profit ..... of 1995 to accelerate the growth of the industry in the state of bihar and the said industrial policy provides various incentives amongst others for grant of exemption from payment of sales tax on purchase of raw materials and also on sales of finished product in case a new industry is set up in the state of bihar and also the industrial unit which has undertaken expansion/ .....
Tag this Judgment!Court : Jharkhand
Reported in : (2002)176CTR(Jharkhand)325; [2002]256ITR725(Jharkhand)
..... section 17 of the income-tax act, 1961, in relation to 'salary', in sub-section (2) stipulates that 'perquisite' includes the value of rent-free accommodation provided to the assessee by his employer or the value of any concession in the matter of rent respecting any accommodation provided to the assessee by ..... notification, the central board of direct taxes, department of revenue, government of india in the ministry of finance, has brought about an amendment in the income-tax rules, 1962. ..... version of the respondents, this was decided in keeping with the recommendation of the expert group constituted to rationalise and simplify income-tax laws.10. ..... section 295 of the act gives powers to the board to make rules and subsection (2) thereof undoubtedly empowers the board to make rules for the determination of the value of any perquisite chargeable to tax under the act in such manner and on such basis as appears to the board to be proper ..... sub-section (4) reads thus :'(4) the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them and unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially affect the interests ..... as the retrospective effect of the impugned notification is concerned, our attention was drawn to sub-section (4) of section 295 of the act. .....
Tag this Judgment!Court : Jharkhand
Reported in : [2002]123TAXMAN426(NULL)
..... section 17 of the income tax act, 1961 in relation to 'salary', in sub-section (2) stipulates that 'perquisite' includes the value of rent free accommodation provided to the assessee by his employer or the value of any concession in the matter of rent respecting any accommodation provided to the assessee by his ..... in so far as the retrospective effect of the impugned notification is concerned, our attention was drawn to sub-section (4) of section 295 subsection (4) reads thus :'(4) the power to make rules conferred by this section shall include the power to give retrospective effect, from a date not earlier than the date of commencement of this act, to the rules or any of them and unless the contrary is permitted (whether expressly or by necessary implication), no retrospective effect shall be given to any rule so as to prejudicially ..... impugned notification, the central board of direct taxes, department of revenue, government of india in the ministry of finance has brought about amendment in the income tax rules, 1962. ..... the version of the respondents, this was decided in keeping with the recommendation of the expert group constituted to rationalize and simplify income-tax laws.11. ..... sections 295 of the act gives the powers to the board to make rules and sub-section (2) thereof undoubtedly empowers the board to make rules for the determination of the value of any perquisite chargeable to tax under the act in such manner and on such basis as appears to the board to be proper and .....
Tag this Judgment!Court : Jharkhand
Reported in : I(2003)BC240; (2003)IILLJ335Jhar
..... appropriate authority of doing security service agency, valid trade licence from the department of labour and employment showing employment of at least 400 security personnel, valid registration under employees provident fund/employees state insurance act, uptodate income tax clearance certificate etc.4. ..... 400 security personnel and there was no stipulation made about taking any licence under the bihar contract labour (regulation and abolition) act, 1970, the claim of petitioner has been rejected on the ground that no such licence under the bihar contract labour (regulation and abolition) act, 1970 produced showing deployment of at least 400 security personnel.5. the counsel for the petitioner submitted that the petitioner's establishment can be ..... . the aforesaid submission cannot be accepted as an establishment of contract labour required registration under section 7 of the act and as per rule 18 of the bihar contract labour (regulation and abolition) rules, the maximum number of workmen to be employed as contract labour in the establishment is shown in the certificate of registration.6 .....
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