Court : Orissa
Reported in : (2007)208CTR(Ori)380; [2007]293ITR502(Orissa)
..... and which are as follows;3. the orissa mining corporation (hereinafter called the corporation), a government of orissa undertaking, the assessee and the applicant before the income-tax appellate tribunal (tribunal), is engaged in the mining of different kinds of ores. the corporation had a wholly owned subsidiary named omc alloys ltd. by a ..... by the dissolved company before the appointed day shall be payable by the resulting company subject to such concessions and reliefs as may be allowed under it act, 1961 (43 of 1961) as a result of this amalgamation.14. in this case we are concerned with four assessment years which elapse between 1st april, 1986 and 30th ..... , ministry of law, justice and company affairs, the subsidiary company was merged with the corporation in public interest as contemplated under section 396 of the companies act.4. clause 4(2) of the said notification stipulates as follows:4. amalgamation of the companies.(1) xxxxxxx(2) for accounting purposes, the amalgamation shall .....
Tag this Judgment!Court : Orissa
Reported in : 2008ACJ1536; 104(2007)CLT262; 2007(I)OLR637
..... was 45 years and that of this mother was 40. thus the correct multiplier would have been '15'. that apart, there is also discrepancy with regard to income of the deceased. but then this court feels that as the accident occurred in the year 2000 and seven years have almost passed in the meanwhile, remanding the ..... the insurance policy, for that the poor appellant-respondents should not suffer. in consonance with the said decision and the provisions of section 149 of the motor vehicles act, this court directs the appellant-insurance company to first deposit the entire amount as per this judgment before the tribunal within six weeks hence and then realize the ..... vehicle was covered under that policy. it was also contended by him that the appellant-insurance company having not filed petition under section 170 of the motor vehicles act before the learned tribunal it is estopped from challenging the quantum of compensation awarded by the tribunal and that it is a fit case where the appeal may .....
Tag this Judgment!Court : Orissa
Reported in : [2007]292ITR175(Orissa)
..... aforesaid judgment the apex court has clearly stated that the words 'derived from' in section 80hh of the income-tax act, 1961, must be understood as something which has immediate nexus with the assessee's industrial undertaking. he further submitted that interest earned by the assessee under ..... present case thereby not requiring any interference by this court in exercise of its appellate jurisdiction under section 260a of the income-tax act, 1961. shri mohapatra submitted that section 80hh of the act grants deduction only in respect of the profit and gains 'derived from' an industrial undertaking and stated that in the ..... the transit house indirectly is not allowable as deduction while computing the income from business solely because of the provision in section 37(4a) of the income-tax act, 1961.(ii) the income-tax appellate tribunal erred in disallowing relief under section 80hh of the act in so far as interest received of rs. 1,63,04,937 .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT89
..... clearly stated that the words 'derived from' in section 80hh of the income tax act, 1961 must be understood as something which has immediate nexus with the assessee's industrial undertaking. he further submitted that interest earned by the assessee under all the. four heads of ..... facts and circumstances of the present case thereby not requiring any interference by this court in exercise of its appellate jurisdiction under section 260a of the income tax act, 1961. shri mohapatra submitted that section 80hh of . the act grants deduction only in respect of the profit and gains 'derived from' an industrial undertaking and stated that in the aforesaid judgment the apex court has .....
Tag this Judgment!Court : Orissa
Reported in : 103(2007)CLT710
..... on property but there is no embargo on imposition of tax, which may indirectly affect the income, or the property of the union of india. in this case entry tax cannot be called a tax directly imposed on the income or property of the union as the taxable event under the o.e.t. act is on the entry of scheduled goods into a local ..... area and not on the goods itself.in this regard we may refer to the 9-judge constitution bench decision of the supreme court in in re, sea customs act (1878 ..... manner, the common question of law involved in all these writ petitions also gets automatically resolved. there is no legal bar to the levy of entry tax under the provisions of the orissa entry tax act, 1999 and the rules made thereunder on different goods brought by the union of india into the local areas of the state of orissa. therefore, the .....
Tag this Judgment!Court : Orissa
Reported in : 104(2007)CLT293; 2007(II)OLR56
..... the question of law shall be accepted as binding on all the courts. similar view has also been expressed by the apex court in the cases of the commissioner of income tax, hyderabad, deccan v. vazir sultan and ors. reported in : [1959]36itr175(sc) and sarwan singh lamba and ors. v. union of india and ors. etc. ..... noticed nor given opportunity to participate in the proceeding before the referral court. according to him, this was in clear violation of the mandatory provisions of section 20 of the act. in support of this submission, he relies on the cases rajmani v. collector, raipur reported in : (1996)5scc701 , neelagangabai and anr. v. state of karnataka reported ..... trees standing thereon. not being satisfied with the quantum of compensation, the respondents demanded reference of the matter to the civil court under section 18 of the act and consequently the matter came before the learned civil judge (senior division), angul in the above noted la case.2. to justify higher rate of compensation .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori139; 104(2007)CLT388; 2007(II)OLR62
..... inappropriate to put a restrictive interpretation upon terms of wider denotation.' a similar view has been expressed by the supreme court in the case of the commissioner of income-tax, andhra pradesh v. tajmahal hotel, secunderabad : [1971]82itr44(sc) . in paragraph-6 of the said judgment, the learned judge held as follows:the word ..... and as such, the order of the writ court may be quashed.3. coming to the definition of 'aided educational institution' under the orissa education act, 1969, this court finds that the aforesaid contention raised by the learned counsel for the appellant possibly cannot be sustained. the definition of 'aided educational institution ..... , mere intermittent grant on one or two occasions cannot bring the institution within the meaning of aided educational institution under section 3(b) of the said act. placing reliance on the said judgments, learned counsel for the appellant submitted that in the instant case, the appellant's institution received grant-in-aid only .....
Tag this Judgment!Court : Orissa
Reported in : AIR2007Ori115; 104(2007)CLT197
..... 2003 inter alia on the ground that the sale is contrary to section 29 of recovery of debts due to banks and financial institutions act and rules 52 and 53 of the second schedule to the income tax act 1961. in that case, the proclamation of sale was also challenged on the ground that the valuation was fixed without hearing the appellant and ..... and ors. reported in : [1983]142itr6(mp) . in that case, the chief justice g.p. singh while delivering judgment and considering the provisions of second schedule to the income tax act held that even a ground that no notice was issued to the defaulter before drawing up the proclamation of sale under rule 53 ought to be taken only by an ..... of the code of civil procedure to hold that there is no corresponding provision to that effect either in rule 52 or rule 53 of the second schedule to the income tax act. as such, on the question of opportunity of hearing the contention of the appellant in that case was not approved.13. in the instant case, this court has .....
Tag this Judgment!Court : Orissa
Reported in : (2008)ILLJ361Ori
..... be raised unless the high court's reasoning for entertaining the writ petition is found to be palpably unsound and irrational. similar view was expressed by this court in first income tax officer, salem v. short brothers (p) ltd. : [1966]60itr83(sc) , and state of u. p. and ors. v. indian hume pipe co. ltd. : [1977] ..... for the present petitioner for entertaining a writ petition, even though that was against an order passed under section 7-4(b) of the payment of gratuity act.17. mohanty in that case submitted that this court has unlimited jurisdiction for exercising its extraordinary power under article 226 of the constitution to entertain the writ petition ..... passed by the officer rejecting an application for review, is not an appealable order, since the order passed ( in the proceeding under section 7-a of the act remains in full force and effect, which is an appealable one, the petitioner ought to have approached the appellate authority challenging the order passed in 7a proceeding, instead .....
Tag this Judgment!Court : Orissa
Reported in : 2007(II)OLR669; (2009)20VST57(Orissa)
..... suo motu revision under section 23(4)(a) of the orissa sales tax act, 1947 (hereinafter referred to as the 'act') read with rule 80 of the orissa sales tax rules, 1947 (in short, the 'rules') was instituted and an order was passed therein on 6.3.1985. from the ..... sense of urgency and responsibility. this is more so when the authorities are seeking to reopen completed assessment, inter alia, on the ground that the income has escaped the assessment. this court is reminded of the repeated observations given by the hon'ble supreme court that the authorities exercising quasi-judicial function which ..... . by the said notice, the petitioner has been informed that the assessment for the year 1978-79 has already been completed thereby escaping some income on which the petitioner is liable to pay tax.3. the petitioner is a company carrying on business in manufacturing of coconut fibre cushions, mattresses etc. pursuant to the said notice, a .....
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