Court : Income Tax Appellate Tribunal ITAT Kolkata
..... (a) whether, on the facts and in the circumstances of the case and on a correct interpretation of the amendment made by the finance act, 1988 to the section 43b(a) of the income tax act, 1961 which has been explained as clarificatory of legislative intention by the explanatory notes issued by the government, the ..... state for the bottling plant situated within the metropolitan area of calcutta.7. the learned senior counsel mr. som further submitted that the aforesaid rules as amended makes a clear distinction between privilege of manufacturing country spirit on the one hand and the additional fee for the importation of the country spirit from ..... manufactured or produced in the state and countervailing duties at the same or lower rates or similar goods manufactured or produced elsewhere in india: (b) opium, indian hemp and other narcotic drugs and narcotics, but not including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN833
..... sonamukhi police case no. 37 of 2003 dated 18.7.2003 under sections 39(1)(b)(c) and 44 of the indian electricity act, 1910 as amended by the west bengal amendment act, 2001 and the chargesheet submitted under the indian electricity act, 1910 are hereby quashed.10. the criminal section is directed to send a copy of this order to the learned additional ..... has been repealed. so, the question of filing chargesheet under the provisions of sections 39(1)(b)(c) and 44 of the indian electricity act as amended by west bengal amendment act, 2001 does not arise and the cognizance on the basis of the said chargesheet cannot be taken by the learned magistrate and the entire proceeding is ..... .2003. the fir was lodged on that date and after investigation, the chargesheet has been submitted under sections 39(1)(b)(c) and 44 of the indian electricity act as amended by west bengal amendment act of 2001 and the cognizance on the basis of such chargesheet was taken by the learned magistrate on 29.9.2003. the .....
Tag this Judgment!Court : Kolkata
Reported in : [2008]141CompCas101(Cal),[2008]83SCL296(Cal)
..... the company and the petitioners indicated in note 4 of schedule 17 to the accounts, the financial position of madhuting and the auditor, in keeping with the amended provisions of section 227 of the act, had drawn the attention of anyone reading the accounts to such note. at the end of the day, it boils down to whether the subjective assessment of ..... the court's assessment of reasonableness of the conduct of a company's officer. section 448 of the companies act, 1948, of england empowered a court to relieve an officer of a company in the manner that section 633(2) of the indian act permits a high court to relieve such officer. the considerations that ought to weigh with court are found in .....
Tag this Judgment!Court : Kolkata
Reported in : (2008)1CompLJ407(Cal)
..... the company and the petitioners indicated in note 4 of schedule 17 to the accounts, the financial position of madhuting and the auditor, in keeping with the amended provisions of section 227 of the act, had drawn the attention of anyone reading the accounts to such note. at the end of the day, it boils down to whether the subjective assessment ..... read with one or the other accounting standards that have now been formally made the yardstick for writing and examining the company accounts by a recent amendment to the act. the sixth notice complaint of violation under section 211(1) of the act reads with schedule vi thereto. the ninth notice complains of the petitioners having violated section 211(2) of the ..... , of england empowered a court to relieve an officer of a company in the manner that section 633(2) of the indian company act permits a high court to relieve such officer. the considerations that ought to weigh with court are found in the following lines:section 448 enables the court to .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN327
..... countenanced. if the petitioner wanted to challenge the entire process of selection of the promoter in this disinvestments process then it was binding on the writ petitioners to amend the writ petition, and incorporate all these grounds. but a peculiar method was adopted by the writ petitioners to bring out a new case by filing supplementary ..... 2006. mr. mukherjee pointed out that the majority members resolved in the said resolution that the writ petition being w.p. no. 140 of 2002 filed by indian craft village trust should be prosecuted to its logical end by all legal means available and the said application being g.a. no. 2254 of 2006 being ex ..... arbitration all actions, suits, claims, demands and proceedings regarding the trust properties and assets.35. by referring to the said provisions, mr. mitra submitted that trustees must act jointly as the power of management vested in the trustees as a whole and not in the managing trustee alone. mr. mitra, thus, submitted that when the trustees .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN566,[2008(117)FLR166]
..... were not supposed to suffer; (ii) the award was pronounced without fully complying with the provisions in section 17aa of the industrial disputes act, 1947 (section 17aa was inserted and then amended by the west bengal act nos. 59 of 1980 and 34 of 1983 respectively), since, though the tribunal was required to notify the date for pronouncing the award ..... ordering that it shall be deemed to be added in the writ petition as the fourth respondent. advocates for the parties and the department concerned are directed to amend the cause papers within a fortnight from the date the records are sent down from the court.3. the third respondent joined swaika vanaspati as a clerk in ..... . labour court, kozhikode and anr. 1982 lab. ic 124 (ker); misak pen mfg. co-operative v. m.a malik and ors. 1988 lab. ic 1595 (ap); and indian overseas bank v. i.o.b. staff canteen workers' union and anr. : (2004)iillj1057sc . her further contention is that the provisions in section 17aa should be interpreted for advancing .....
Tag this Judgment!Court : Kolkata
Reported in : III(2008)BC437,2007(3)CHN574
..... section 146 will get different and section 138 will have another interpretation. if this principle is projected it boils down that this amended act of 2002 cannot have any retrospective operation as the amended act is pregnant with a penal provision whereby the sentence of imprisonment substantially increased from one year to two years.7. mr. ..... procedure without eluding justice is to be adopted. the procedural law is always subservient to and is in aid to justice. the amending act of 2002 introducing certain changes in the ni act are merely procedural in nature. such changes were made by the parliament with the object of ensuring that the procedure in complaints ..... of any new section or introduction of new statute would have prospective operation unless it is specifically mentioned in the amending act or statute that would have retrospective operation.15. the amendment in the ni act in respect of section 138 substituting the imprisonment to two years with effect from 6.2.03 from one year .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(4)CHN678,[2007]137CompCas834(Cal),(2008)2CompLJ32(Cal),[2008]81SCL140(Cal)
..... have for long had acceptance not only amongst practising chartered accountants but also by the statutory authorities assessing or examining company accounts. recent amendments to some of the provisions of the companies act, section 211 for instance, have given statutory recognition to the accounting standards. there may, however, be issues that arise in ..... scheme becomes, at the same time, the window that can receive an application for reduction of share capital, the window that can entertain a plea for amendment of the memorandum of association of one or more of the companies involved, and the authority to accord sanction to the scheme, all rolled into one ..... 754 rangkala investment ltd. in re. also recognise that the provisions found in sections 391 to 394 of the act constitute a complete code and such provisions obviate additional application being made for amending the objects clause of the memorandum of association of the transferee-company. indeed, the court receiving a petition for .....
Tag this Judgment!Court : Kolkata
Reported in : 2007(3)CHN640
..... to entrust the execution of a housing scheme to a joint venture company. joint sector company is defined under section 2(8)(a) of the 1972 act as amended by the amendment act of 1993. this section defines the joint sector company to mean a company in relation to which 50% of directors of the board of directors is ..... housing scheme and to submit the same for approval of the state government. thereafter, the scheme is to be published. section 27a of the 1972 act inserted in the act by amendment act of 1993 it was inserted to assist the housing board in execution of the housing scheme as the housing board was facing tremendous financial crunch. this ..... single judge that the government used to acquire land and construct residential complex in and over such land through the housing board. however, since the amendment in the housing board act in the year 1993 by introduction of section 27a, the government can also entrust a joint sector company to execute a housing scheme with the previous .....
Tag this Judgment!Court : Kolkata
Reported in : AIR2008Cal31
..... it is clear that it was not mandatory on the part of the applicant and that he is having the permits in his possession and in fact after the amendment of the act in question, there is no bar of any permit-holders to have more than one permit to become an operator in a particular route.30. hence, in our ..... permit on the ground that mr. sekhar chatterjee did not disclose the particulars in the column no. 9, in the application form submitted by him. after the amendment of section 71 of the act with effect from 14th november, 1994, the restriction of holding 5 permits by an individual has been waived as such disclosure or non-disclosure of holding other permits ..... that it also cannot be a procedural matter because as soon as the application is considered on merits, offer letter has been issued and question of correction and that amending the same cannot and does not arise and he submitted that the hon'ble first court has failed to appreciate the said fact and has wrongly come to such conclusion .....
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