Court : Orissa
Reported in : (2009)222CTR(Ori)516; [2009]309ITR13(Orissa)
..... by the said order, the chief commissioner has rejected the petitioner's application for grant of approval for exemption under section 10(23c)(vi) of the income-tax act, 1961, on the ground that the said application was filed beyond time.2. learned counsel for the petitioner submits that since the said application was filed on june ..... 1,2006, consideration has been made on the basis of the proviso added to section 10(23c)(vi) of the income-tax act.3. according to the chief commissioner, the proviso does not give any room for him to condone the delay and, as such, the application was not considered ..... institution though belatedly filed should have been considered on the merits. in deciding such questions the commissioner decides the rights of the parries and, therefore, has to act in a quasi-judicial capacity. he has to decide the rights of the parties after a hearing. any authority exercising such quasi-judicial function should also have the .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT245; (2008)15VST228(Orissa)
..... high court to entertain a petition under article 226 of the constitution.7. the honourable supreme court in calcutta discount co. ltd. v. income-tax officer, companies district-1, calcutta reported in : [1961]41itr191(sc) , observed that existence of an alternative remedy is not always a sufficient reason for refusing a party quick relief by a writ ..... paper mills ltd. [1991] 81 stc 339 (ap). in this case, the meaning of the word 'consumable' in section 5b of the andhra pradesh general sales tax act, 1957 fell for consideration by the court. the high court pointed out that the 'consumption' of the goods in manufacture must be as raw material or other components ..... . it is because of this reason that while consumables by an inclusive definition are included in the definition of 'input' under section 2(25) of the vat act, the legislature did not insist upon the requirement which appears in the earlier clauses that such goods must go into composition of finished products. when the legislature .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT51(NULL)
..... general manager, kerala state road transport corporation v. susama thomas and ors. (supra). moreover, as per clause (6) of the schedule appended to the m.v. act, notional income for compensation in case of non-earning is prescribed at rs. 15,000/- per annum.in that view of the matter, loss of dependency should have been assessed at ..... payment of compensation on the basis of structured formula as provided for under the second schedule should not ordinarily be deviated from section 168 of the motor vehicles act lays down the guidelines for the determination of the amount of compensation in terms of section 166 thereof. deviation of structured formula, however, as has been held ..... 15. the hon'ble apex court while dealing with the case observed that payment of compensation on the basis of the second schedule appended to the m.v. act, 1988 should not ordinarily be denied except in exceptional cases. paragraphs-11 and 12 of the said judgment, which are relevant for this purpose are quoted below:11 .....
Tag this Judgment!Court : Orissa
Reported in : (2008)219CTR(Ori)433
..... grievance of the petitioner in this writ petition is refusal by the chief commissioner of income-tax, orissa, bhubaneswar (hereinafter referred to as 'the chief cit) to waive interest levied under sections 234b and 234c of the it act, 1961 (hereinafter referred to as the act'). the ground for making such grievance is that though benefit of waiver was permitted under ..... (b), directed the chief cits and director generals of it that they might reduce or waive interest under section 234a or 234b or 234c of it act, 1961, in the classes of income or classes of cases specified in the said order. since the petitioner filed the petition for waiver of interest on 24th july, 2006, it ..... during search had been treated by the department to be adjusted against assessee's individual tax liability vide order dt. 11th march, 1993 passed under section 132(5) of the act (annex. 16). to this, the petitioner who was assessed to income-tax under the status of 'huf has never raised any objection by way of making .....
Tag this Judgment!Court : Orissa
Reported in : 2008(II)OLR256
..... copy of the pan card, he had filed the third affidavit stating that he is in an income tax assessee and his pan card number is ksns aojps8058k and that there is no income tax pending against him and he is not due to pay any income tax before the income tax authority in any manner.7. from the result of scrutiny of the application received from the ..... known to be involved in spurious liquor trade or who has been facing a trial in any criminal court under the act or who has been charged of a non-bailable offence under the provisions of the indian penal code, 1860 (act xlv of 1860) or who is a defaulter in terms of rule 45 of the orissa excise rules, 1965 or ..... and i am not due to pay any sales tax before the sales tax authority in any manner. in the second affidavit dated 18.7.2007, he had, inter alia, stated as under:2. that i have not involved in spurious liquor trade or facing a trial in any criminal court under the act or charged of a non-bailable offence under the .....
Tag this Judgment!Court : Orissa
Reported in : [2008]307ITR441(Orissa); 2008(II)OLR175
..... of manufacture and sale of sponge iron. it was incorporated under the companies act, 1956 on 31.07.2005 and assessed to income tax since the assessment year 1984-85. the appellant filed return under section 139 of the income tax act, 1961 (hereinafter referred to as 'the act') for the assessment year 1997-98 on 26.09.1997 and subsequently revised ..... it by return dated 30.12.1997. the return was accompanied by audited profit and loss account and balance sheet as well as tax audit report. on receipt of the return ..... he has to make assessment in accordance with law, i.e., under section 143(3) of the act.11. in this regard, the position of law has been settled by hon'ble supreme court in the case of commissioner of income tax v. gujarat electricity board reported in : [2003]260itr84(sc) . in that case, the question before .....
Tag this Judgment!Court : Orissa
Reported in : (2008)14VST557(Orissa)
..... in : [1999]237itr589(sc) . in the said judgment, the learned judges of the honourable supreme court were construing the provision of section 10(29) of the income-tax act, 1961. in paragraph 36, at page 1397 (page 604 of itr) of the report the learned judges of the supreme court quoted with approval the observation of justice rowlatt ..... and hold that the transaction in question are outside the purview of the ovat act and the entire proceeding for imposition of tax and penalty is bad in law.17. the learned counsel also relied on another judgment of the supreme court in the case of commissioner of income-tax, madras v. kasturi and sons ltd. reported in : [1999]237itr24(sc) ..... actually payable on such sale. it is the further case of the petitioners that since such sale is governed under the provisions of the central sales tax act, the question of levy of value added tax (vat) on the goods in question by any state cannot arise. it is also submitted that in the instant case, petitioner no. 3 sold 6 .....
Tag this Judgment!Court : Orissa
Reported in : 106(2008)CLT118; [2009]185TAXMAN87(Orissa)
..... and the additional conveyance allowance paid to the officers of the life insurance corporation of india are not exempt under section 10(14) of the income-tax act 1961 read with rule 2bb of the income tax rules, 1962, unless the criteria laid down in the aforesaid section/rule is fully met to the entire satisfaction of the assessing officer....it ..... the petitioners' is that lici at no point of time had made any income tax deduction at source under section 192 of the income tax act, 1961 (herein after called 'the said act') on the amount of ca and aca paid to dos and the assessing officers of income tax department of the concerned area use to accept the ca and aca paid ..... been prevented from making deduction in view of the aforesaid interim order dated 15.01.2004 whereas the income tax department by treating the lici as an assessee in default issued show cause notice under section 226(2) of the income tax act, 1961.4. virtually, on the said prayer of the lici the matter was taken up for final .....
Tag this Judgment!Court : Orissa
Reported in : 2008(I)OLR716
..... intent of single point taxation as provided under section 8 of the orissa sales tax act?(iii) whether under the facts and circumstances of the case the imposition of penalty by the sales tax officer and confirmed by the assistant commissioner and sales tax tribunal is correct law?2. the material facts of the case are that the ..... tax is impermissible and therefore, a deemed sale cannot be subjected to tax as the goods relatable to such sale ..... the purpose of taxation within the definition of sale in the andhra pradesh tax laws. the learned judges further held that since the basic norm regulating the tax structure under the andhra pradesh sales tax act is confined to levy of tax at single point, levy of tax on a second sale in respect of goods which have already suffered .....
Tag this Judgment!Court : Orissa
Reported in : (2008)106CALLT192(NULL)
..... act?19. the preliminary objection raised by the revenue with regard to the maintainability of the writ petition may be taken up first. in this connection, reference may be made to the decision of the hon'ble supreme court in calcutta discpunt co. ltd. v. income tax officer, companies district-i, calcutta, reported in : [1961] ..... 41itr191(sc) , wherein it was held as under:it is well-settled however that though the writ of prohibition or certiorari will not issue against an executive authority, the high courts have power to issue in a fit case an order prohibiting an executive authority from acting ..... cannot be distinguished from an 'ordinary sale'.39. in itc classic's case (supra) the company was a registered dealer under andhra pradesh general sales tax act and cst act, 1956 and was carrying on business of hiring out machinery, plant and equipments for rent. for the purpose of lease of equipments, agreement between the .....
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