Court : Orissa
Decided on : Jan-11-1974
Reported in : [1979]117ITR388(Orissa)
..... be commercially expedient. there may be some contributions made not in commercial interest or expediency but in order to save a commercial company from the consequences of unlawful acts, say, for example, to hush up a company law investigation or a proceeding for breach of foreign exchange regulations. such contributions may also be made to satisfy a political fad ..... , their lordships of the supreme court have said (headnote):'in determining whether an amount expended by the assessee is deductible under section 10(2)(xv) of the indian income-tax act, the nature of the expenditure or outgoing must be adjudged in the light of accepted commercial practice and trading principles. the expenditure must be incidental to the business ..... character of the assessee as a trader and not as owner of assets, even if they are assets of the business.'61. in the case of indian steel and wire products ltd. v. cit : [1968]69itr379(cal) , their lordships held thus (headnote):'contribution of rs. 1,50,000 to the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-14-1974
Reported in : [1976]103ITR418(Orissa)
..... would vitiate the entire proceedings. as held by this court in sheo nath singh v. appellate assistant commissioner of income-tax, the income-tax officer would be acting without jurisdiction if the reason for his belief that the conditions are satisfied, does not exist or is not material or relevant to the belief required by this ..... or reassessment or recomputation in consequence of or to give effect to any finding or direction contained in an order passed by any authority in any proceeding under this act by way of appeal, reference or revision. (2) the provisions of sub-section (1) shall not apply in any case where any such assessment, reassessment or ..... the assessee remained unexplained and this amount was sought to be taxed. on march 30, 1965, the assessee was served with the notice under section 148 of the act. ' in the reassessment proceeding the income-tax officer found that there were certain other cash credits which were also liable to be taxed. accordingly, he reassessed the .....
Tag this Judgment!Court : Orissa
Decided on : Jan-14-1974
Reported in : AIR1975Ori184
..... 24. the next question to be considered is whether the election petition has been presented as required under subsection (1) of section 81 of the act. section 81 of the act provides for 'presentation' of an election petition. the actnowhere designates the special mode of presentation. orissa high court has framed certain rules to regulate ..... are in pari materia with sections 12 (1) and (4) of the limitation act would apply to such a petition. they also say elsewhere ..... petition inasmuch as the representation of the people act is a complete and self-contained code which does not admit of the introduction of the principles or the provisions of law contained in the indian limitation act.'they, however, say that sections 9 and 10 of the general clauses act, 1897, providing for computation of time which .....
Tag this Judgment!Court : Orissa
Decided on : Jan-23-1974
Reported in : 40(1974)CLT355; [1974]33STC514(Orissa)
..... 's business carried on within the commonwealth of australia, were 'goods manufactured in australia' so as to be exigible to tax under the sales tax assessment act. the main judgment delivered by three judges stated:. the contention is open to the observation that it does not strictly adhere to the question in the special ..... sales tax officer completed the assessment for the quarters ending 30th september, 1962, to 30th june, 1963.the appellate assistant commissioner was satisfied that liability under the act keeping the extent of turnover in view could arise only from 1st april, 1963. he, therefore, vacated the assessments for the earlier quarters and agreeing with the ..... the following question for determination of this court:whether, in the facts and circumstances of the case, the petitioner is a dealer under the orissa sales tax act?in compliance with the direction, the tribunal has stated a case.2. this reference relates to the quarter ending 30th june, 1963. the assessee during this .....
Tag this Judgment!Court : Orissa
Decided on : Feb-05-1974
Reported in : (1975)ILLJ48Ori
..... within any political parties or communal organisations. sub-rule (63) of rule 39 of the rules does not conflict with the provisions of the indian trade union act under which there is provision for constitution of a separate fund by a trade union for promotion of the interest of its members.sub-rule ..... consequently, the rules have been framed-keeping in view the labour legislations, such as the industrial disputes act, the factories act, the motor transport workers act, workmen's compensation act, payment of wages act, shops and commercial establishments act and also the various service rules governing the civil servants in general. the employees of the state ..... constitution, particularly article 19(1)(c). the employees of the undertaking are government servants in addition to being workmen as defined under the industrial disputes act. as such while they are entitled to enjoy benefits under different labour legislations applicable to them in addition to the benefits admissible to a civil .....
Tag this Judgment!Court : Orissa
Decided on : Feb-25-1974
Reported in : [1975]35STC84(Orissa)
..... to the practice normally prevailing in the trade ?2. facts may be stated clearly to answer the questions referred. the orient paper mills ltd. (the petitioner) is a company registered under the indian companies act, 1956, having its registered office at brajarajnagar in the district of sambalpur in orissa. the petitioner is a registered dealer under the orissa sales tax ..... t.c. 487 (s.c.) apply to this case though by clause (16) of the contract therein the purchasers clearly undertook to pay railway freight which was deducted from the invoice made out by the company. in this case there is no written agreement that freight was to be paid by the purchasers. but that is wholly immaterial. in the ..... be liable to refund the amount of excess sales tax to its purchasers. but that is a matter between the company and the purchasers and the state cannot seek to levy tax on railway freight if it is not made a part of the price.on the aforesaid analysis, we have no doubt that freight was payable and in .....
Tag this Judgment!Court : Orissa
Decided on : Mar-27-1974
Reported in : AIR1975Ori100
..... in the state of kerala raised a similar plea when the kerala state electricity board unilaterally raised the tariff. a bench of the kerala high court in the case of indian aluminium company v. k. s. electricity board, air 1972 ker 206, at page 211, examined this contention. upon hearing learned counsel for the parties on the question of estoppel, we are ..... the sanctity of engagements. ............'courts uphold the sanctity of engagements and unless required either expressly or by necessary implication to act otherwise, compel parties not to wriggle out of solemn engagements. (see randolph v. milman, (1868) 4 cp 107; western counties railway co. v. windsor and annapolis. (18821 7 ac 178; and managers of metropolitan asylums district v. hill. h. l. (18811 .....
Tag this Judgment!Court : Orissa
Decided on : Apr-29-1974
Reported in : AIR1975Ori90
s.k. ray, j.1. the petitioner is a company registered under the indian companies act, 1913. its main business is manufacture of paper. it wanted to set up a paper mill at chaudwar and needed land for that purpose. so it applied to the government ..... ) ltd. v. francis v. continho, (1970) 72 bom lr 910 = (air 1971 bom 341). it has been there held (quoting from the headnote).'a company for whom land acquisition proceedings are undertaken under the land acquisition act, 1894, cannot be permitted to challenge the award made in these proceedings under article 226 of the constitution of india.'it is needless to refer ..... by the state government to the effect that land in the locality specified in the notification was needed for a public purpose and for the company specified therein within the meaning of section 4 of the central act and shall have the same force and effect as fully and effectively as if the particular land had been declared under section 6 of .....
Tag this Judgment!Court : Orissa
Decided on : Jun-11-1974
Reported in : (1975)ILLJ100Ori
..... of on 27-7-71) challenging the order of dismissal. a bench of this court dismissed it on the ground that no writ is maintainable against a non-statutory company incorporated under the indian companies act. some time after the order annexure 2 was passed, the present application was filed for quashing annexure 2 on the ground mentioned below,(1) the order is illegal ..... interpretation of the standing orders and section 13b provides that the act would not apply to an industrial establishment in so far as the workmen employed therein are persons to whom the fundamental and supplementary rules, the civil services (classification, control and appeal) rules, revised leave rules, civil services regulations, etc., indian railway establishment code or any other rules or regulations that would .....
Tag this Judgment!Court : Orissa
Decided on : Sep-20-1974
Reported in : [1978]111ITR923(Orissa)
..... contentions of mr. rath, the learned counsel for the assessee-petitioner, are that :(i) the petitioner being a state government sponsored corporation and incorporated under the indian companies act, 1956, with the sole object of carrying on business in purchasing and selling fish at a fair price so as not to allow the local market price to ..... is to make gain and earn a profit to itself.(ii) the assessee being a government sponsored concern was subjected to internal audit and being a company under the companies act, had its statutory audits also, which were furnished along with the returns to the income-tax officer who was not justified in rejecting the books of ..... 1951]19itr191(sc) :'the jurisdiction of the high court in the matter of income-tax references made by the appellate tribunal under the indian income-tax act is an advisory jurisdiction and under the act the decision of the tribunal on facts is final, unless it can be successfully assailed on the ground that there was no evidence for .....
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