Court : Orissa
Reported in : 106(2008)CLT865; (2009)19VST372(Orissa)
..... under section 73(10) means that the authorities have a discretion either to levy or not levy penalty. in cit v. maya rani punj : [1973]92itr394(delhi) , the delhi high court while considering the provisions of section 271(1) of the income tax act, 1961 held that the only significance of the word 'may' in section 271(1) is that ito has a ..... penalty of rs. 35,000/- under section 73(10) of the orissa value added tax act, 2004 (hereinafter referred to as 'ovat act') and rs. 3,500/- and rs. 7,000/- towards tax and penalty respectively under the orissa entry tax act, 1999 (hereinafter referred to as 'oet act') on the ground that the same were levied without passing any speaking order and affording ..... not brought to the notice of this court as to how the alleged unaccounted for goods were valued at rs. 1.75 lakh. under section 3 of the oet act entry tax shall be levied and collected on entry of the schedule goods into the local area for consumption, use and sale therein. the opp. party no. 1 has .....
Tag this Judgment!Court : Orissa
Reported in : 2009(I)OLR262
..... the results were published. the guidelines clearly lay down that in order to be considered for promotion to the post of ito, group-b, an income tax inspector must have served as such, for a period of three years and must have cleared the departmental examination. the applicant-kishore chandra mohanty himself admits ..... that even after such instruction/guidelines for promotion were issued on some earlier occasions, the department considered the cases of some officers in the level of income tax inspectors by holding a review dpc after publication of results and gave them retrospective promotion with effect from the date on which last paper of the ..... only notional financial benefit for the intervening period till his actual promotion. the tribunal also directed the department to consider the case of such other similarly placed income tax inspectors along with the applicant-kishore chandra mohanty3. shri sanjit mohanty, the learned senior counsel appearing for the petitioner in w.p. (c) no. 4493 .....
Tag this Judgment!Court : Orissa
Reported in : (2009)221CTR(Ori)328; [2009]308ITR133(Orissa); [2009]176TAXMAN293(Orissa)
..... illegally and all the consequential actions taken by opposite parties 1 and 2 were in violation of the provisions of section 133a of the income tax act, 1961 (hereinafter referred to as 'the i.t. act').2. the facts giving rise to this writ petition are that the petitioner no. 1 is a chartered accountants firm and petitioner nos ..... , 2004, the deputy commissioner mooted a proposal for special audit in terms of section 142(2a) of the act to the commissioner of income-tax. the commissioner of income-tax approved the said proposal of the deputy commissioner of income tax by letter dated 29th february, 2004. pursuant thereto, one dinesh gupta and co. was appointed as a special ..... same. this is certainly unfair.another important aspect of the case is that under sub-section (3) of section 133a of the i.t. act only an income tax authority acting under said section can retain in his custody the impounded books of account and other documents beyond ten days from the date of impounding (exclusive .....
Tag this Judgment!Court : Orissa
Reported in : AIR2009Ori74
..... provisions of opc do not apply, in term in this case in the absence of any regulation being framed hy the drt, cuttack;23. in hemraj v. income tax recovery officer , the division bench of rajasthan high court after placing reliance upon the judgment in the case of babubhai v. nandlal : [1975]2scr71 came to ..... any regulation. this issue has been dealt elaborately by the appellate forum in the impugned judgment observing that different tribunals being authorized to frame regulation under the act, 1993 have framed regulations by applying the provisions of order 22 of the cpc in the proceedings before them for this purpose. however, drt, cuttack has ..... 1996]1scr989 the apex court held that application for substitution of l.rs. condonation of delay in filing the same and setting aside of abatement, the court must act liberally for the reason that delay in official business requires 'broach and approach from public justice perspective.'12. however, in the instant case, the application for .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR861
..... two local sureties of the like amount each to the satisfaction of s.d.j.m., bargarh, subject to the condition that sureties shall be person of unimpeachable conduct. income tax assessee having pan number and permanent resident of bargarh town.(ii) he has to deposit a sum of rs. 25,000/- towards cash security.subsequently on the prayer of the ..... (in short 'the cr.p.c).4. it is submitted on behalf of the petitioner that the petitioner is not able to arrange local sureties who are also an income tax assessee having pan number and that he is not able to arrange rs. 10,000/- towards cash security. imposition of such conditions according to him has virtually resulted in ..... the case of cash security. cash security should be insisted only in cases where there is real apprehension of absconding of the accused or his repeating the offence since it acts as an effective deterrent. in the present case i do not feel any need for cash security.6. having regard to the facts and circumstances of the case, i .....
Tag this Judgment!Court : Orissa
Reported in : 107(2009)CLT122; 2008(II)OLR911
..... would not include the expenditure for re-forestation and maintenance of ecology. it is needless to mention that necessary sanction for exemption of said amount from income-tax liability, may be obtained; and the centre should ensure grant of such exemption and see that these activities are undertaken, carried on and maintained systematically and ..... p. no. 5- m/s. bhanja minerals pvt. ltd., which has been granted two mining leases under the mines and minerals (regulation & development) act, 1957 (mmrd act, in short) for iron and manganese ore in village inganijharan and iron ore in village deojhar, both in the district of keonjhar, and is engaged in ..... by the central govt. in the ministry of environment and forest in exercise of the powers conferred under section 3(3) of the environment (protection) act for creating a compensatory afforestation management fund and planning authority and colleted payments under the heading of net present value (npv) for a compensatory afforestation fund. .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT627
..... 2001 sc 3708, the apex court considered the meaning of manufacture as occurred under section 32-a(1) & (2)(b) (ill) in income tax act and held that the words must be understood in common parlance and it may mean production of articles for use from raw or prepared materials by ..... by axe and shaping them into logs by use of saws by workmen, which become articles or movable substance and is sold by the forest corporation.27. in commissioner of income tax, kerala v. tara agencies : [2007]292itr444(sc) , the apex court considered the term 'manufacture', 'production' and 'processing' and their distinction and held as under:the ..... ; h.m.m. limited v. collector of central excise new delhi : 1996(87)elt593(sc) ; orissa warehousing corporation v. commissioner of income tax : [1999]237itr589(sc) ; and oxford university press v. commissioner of income tax air 2001 sc 886).37. the court cannot ignore the condition for availing exemptions and therefore a very narrow interpretation is required to be given .....
Tag this Judgment!Court : Orissa
Reported in : (2009)221CTR(Ori)88; [2009]309ITR50(Orissa)
..... petitioner challenges the order dt. 31st may, 2008 (annex. 2) passed under section 10(23c)(vi) of the it act, 1961 (hereinafter called as 'it act') by which the chief commissioner of income-tax, orissa, bhubaneswar (hereinafter called as 'chief cit) did not entertain the application of the assessee petitioner made under section 10(23c)(vi) for the financial year 2006-07 ..... filed by an educational institution belatedly, it should have been considered on merit. this court further held that in deciding such questions cit decides the rights of the parties and, therefore, has to act in a quasi judicial capacity. he has to decide rights of the parties after a hearing. any authority exercising such quasi ..... erroneously held that no power is available to him to condone the delay in filing the application under section 10(23c)(vi) of the it act. the chief cit should have admitted the application of the assessee made under section 10(23c)(vi) for financial year 2006-07. he further submitted that since .....
Tag this Judgment!Court : Orissa
Reported in : (2008)18VST500(Orissa)
..... following other course is not permissible. (vide taylor v. taylor [1875] 1 ch. d. 426, hukam chand shyam lal v. union of india : [1976]2scr1060 , commissioner of income-tax, mumbai v. anjum m.h. ghaswala : [2001]252itr1(sc) , nazir ahmed v. king emperor , deep chand v. state of rajasthan : [1962]1scr662 ). in him cement ..... march 31, 2006 and april 1, 2006 to october 31, 2006 were already completed earlier under section 42 of the orissa value added tax act, 2004 (hereinafter called as 'the ovat act') vide assessment orders dated december 2, 2006 (annexure 3 series). hence, the second notice issued under annexure 1 is not sustainable in the ..... section 41 results in the detection of suppression of purchases or sales, or both, erroneous claims of deductions including input-tax credit, evasion of tax or contravention of any provision of this act affecting the tax liability of the dealer, the assessing authority may, notwithstanding the fact that the dealer may have been assessed under section .....
Tag this Judgment!Court : Orissa
Reported in : 108(2008)CLT463
..... kumar bhowmick and anr. : air 1987 sc 1010; owners and parties interested in m.v. 'vali pero' v. fernandeo lopez and ors. : air 1989 sc 2206; lakshmanasami gounder v. cit' selvamani and ors. : (1992) 1 scc 91; mansukhlal vithaldas chauhan v. state of gujarat : air 1997 sc 3400; collector of customs, calcutta v. tin plate co. of india ..... learned additional standing counsel has vehemently opposed the appeal contending that the alleged sale deed being in contravention of the statutory provisions of section 22(1) of the act was void and therefore, the judgment and orders passed by the revenue authorities do not require any interference. the said judgments are in consonance with law. provisions ..... such provisions to be directory only the neglect of them not affecting the validity of the acts done.11. a constitution bench of the hon'ble supreme court, in state of u.p. and ors. v. babu ram upadhya, : air 1961 sc 751, considered the issue and held as under:for ascertaining the real intention of the .....
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