Judgment Search Results Home > Cases Phrase: insurance act 1938 4 of 1938 amending act 1 insurance amendment act 2002 Court: kolkata appellate Page 1 of about 9 results (0.130 seconds)

M/S. Indo American Electricals Ltd. Vs. Gopa Sinha and ors.

Court : Kolkata Appellate

..... at the same time, while an objection is filed against the said petition contending such a stand, the petitioner filed an application under section 7(1) of the said act praying for deposit of arrears of rent from may, 2003 to february, 2008 amounting to rs.1,62,690/- at a time after condoning the delay. ..... such a canon of construction is warranted because otherwise the intendment of the legislature will be defeated and the class of tenants for whom the beneficial provisions were made by the mandatory and the amending act will stand deprived of them.7. 4. ..... banerjee also submits that though the provisions of section 7(3) of the said act lays down that in case of noncompliance of section 7(1) and 7(2) of the act, the court shall strike out defence, according to the decision of the apex court, the exercise of such power is directory and not mandatory. ..... sarkar appearing on behalf of the opposite party, submits that as per scheme of the act, section 7(1) must be complied with within 30 days from the date of service of summons/appearance. ..... the cause for delay in filing the application under section 7(1) of the act appears to be because of the contention that the petitioner being a company is a layman and its advocate did not render appropriate legal advice though the company is contesting the suit. ..... concord of india insurance co. ..... concord of india insurance co. ..... concord of india insurance co. .....

J.N. Sapru Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1996)59ITD240(Kol.)

..... was then said that, at any rate, the amount was a capital receipt no taxable under the act and the analogy of health insurance or an amount received from a charitable organization was referred to. ..... the resolution thereafter authorised the secretary to make a formal application to the central government under section 310 of the companies act for approval.for the sake of completeness of the record, we may observe that initially the approval was refused but later on, it was ..... 1991 by which a proviso was circumstances reimbursement of medical expenses incurred in india or outside india shall not be treated as perquisite, which, according to him, clearly indicated that before the amendment took effect, such reimbursement had to be assessed as perquisites.3a. ..... l.w.russel [1964] 53 itr 91, the supreme court while interpreting explanation i of section 7(1) of 1922 act, which contained an inclusive definition of the word 'perquisite', took the view that the definition implied that a right was conferred on the employee in respect of those perquisites and that unless the employee had a ..... it was then argued on behalf of the assessee that since the act gives an inclusive definition, the assessee should strictly fall within the language ..... payment towards an expenditure which otherwise the assessee would have been forced to incur from his personal fund, and this situation, according to him, is clearly covered by the aforementioned statutory provision.he also referred to the amendment made w.e.f. .....

National Insurance Company. Vs. Jharna Ghosh and ors.

Court : Kolkata Appellate

..... of 2006 acj 1058 (sc) it has been held that when the insurance company is not permitted to contest in the claim case under section 170 and it did not challenge the award passed by the tribunal allowing interest under section 173 of the motor vehicles act, the writ application filed by the insurance company before the honble high court is not maintainable.9. mr. ..... when the owner of the vehicle is contesting and the insurance company has adopted the situation that it was not required to cross-examine the pws and it has admitted such position by not filing any revision and allowed all the witnesses on behalf of ..... that both the owner of the offending vehicle and the insurance company are contesting the claim application. ..... even at the time of recording evidence, the insurance company was not allowed to adduce the evidence on the ground that the owner of the ..... the said judgement and order, the insurance company has preferred this revisional application.3. ..... has held that when the statute provides for an appeal, the quantum of compensation cannot be challenged at the instance of insurance company which has limited defences. ..... this being the position the insurance company is permitted to challenge the claim case on ..... for that reason the insurance company got no chance of contesting ..... the insurance company / petitioner herein also contested the said claim application but it was not allowed to cross-examine the witnesses on the ground that there was no scope for cross-examination as the ..... amendment .....

New India Assurance Company Ltd. Vs. Smt. Puspa Barui and ors.

Court : Kolkata Appellate

..... where there is a provision for appeal by the insurer on limited grounds, a revisional application giving more scope to contest other points except 149(2) of the motor vehicles act, 1988 is not permissible at all. ..... the tribunal recorded evidence and an award of rs.3,32,800/- was granted to the opposite parties payable by the insurer within 30 days from the date of order dated august 18, 2003. ..... the short fact is that the opposite parties filed a claim petition under section 163a of the motor vehicles act, 1988 praying for compensation on the death of raghab barui, predecessor-in-interest of the claimants. ..... therefore, the recourse adopted by the insurer is not permissible under the provisions of the motor vehicles act, 1988. ..... in view of the above observations when an award was passed, the insurer was to file an appeal under section 173 of the motor vehicles act, 1988. ..... instead of availing that recourse, the insurer /petitioner herein filed an application under section 151, 152 and 153 of the c.p.c. ..... this application is at the instance of the insurer and is directed against the order dated september 24, 2007 passed by the learned judge, m.a.c.c. ..... which relates to rectification of clerical or arithmetical mistake or amendment of the plaint, etc. ..... moreover, the recourse that has been adopted by the insurer is not supported by law. ..... being aggrieved, the insurer has filed this revisional application. 3. .....

income-tax Officer Vs. Kenaram Saha and Subhash Saha and

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)301ITR171(Kol.)

..... have been wrongly made and the assessing officer may recompute the total income of the assessee for the previous year in which such liability was incurred and make the necessary amendment, and the provisions of section 154 shall, so far as may be, apply thereto, the period of four years specified in sub-section (7) of that section being reckoned ..... means any bank, banking company or society referred to in sub-clauses (i) to (iv) of clause (a) and includes any bank [not being a banking company as defined in clause (c) of section 5 of the banking regulation act, 1949 (10 of 1949)], whether incorporated or not, which is established outside india ; (e) where the payment is made by way of adjustment against the amount of any liability incurred by the payee for any goods supplied ..... defined in section 2 of the state bank of india (subsidiary banks) act, 1959 (38 of 1959) ; (iv) any primary agricultural credit society as defined in clause (cii) of section 2 of the reserve bank of india act, 1934 (2 of 1934), or any primary credit society as defined in clause (civ) of that section ; (v) the life insurance corporation of india established under section 3 of the life insurance corporation act, 1956 (31 of 1956) ; (vi) the industrial finance corporation of india ..... however, in the appeals for consideration before us, the assessment years involved are the assessment years 2002-03 to 2004-05.all these assessment years are after the omission of rule 6dd(j).therefore, the above decision of .....

State Bank of India Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1983)6ITD225(Kol.)

..... to the branches established in pursuance of sub-section (5) of section 16;** ** ** (4) no amount applied for any of the purposes specified in sub-section (2) shall, for the purposes of the indian income-tax act, 1922, be treated as income, profits or gains of the state bank.the state bank, under section 16(5), was to open 400 new branches in addition to branches which it was to open under section 16(3). ..... the action of the ito on the ground that deduction under chapter via was amended retrospectively and, therefore, it could be taken that the amended law stood during the assessment year and the ito did not allow deduction correctly under ..... the assessing officer could not have foreseen that at a much later date, the section would be amended retrospectively, empowering the ito to correct the assessment which was in accordance with the decision of the high ..... partial original assessment will stand and partial another assessment will be made pursuant to section 148 which is not permissible under the act.therefore, the decision will have to be read that once the assessment is set aside, the previous assessment becomes non est. ..... standing counsel that section 80m was retrospectively amended by introduction of sections 80aa and 80ab of the act from 1-4-1968 and 1-4-1981.therefore, even otherwise, the deduction was not available to the assessee because deduction under section 80m was amended with retrospective effect. ..... great insurance co ..... & general insurance co. ..... insurance ..... v.new great insurance co. .....

Chloride India Ltd. Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (1995)53ITD180(Kol.)

..... however, if regard is had to the fact that the legislature by amendment excluded freight and insurance from the total turnover, thereby bringing the total turnover at par with the export turnover, it would be clear that the intention of the legislature is to harmonise both the expressions.in other words, the ..... is a primary rule of interpretation that words defined in one statute have to be understood with reference to the objective of the act and in the context in which they occur and the definition of the same words in another statute cannot be automatically imported ( ..... this was consequential to the amendment made to section 28 of the income-tax act treating the above three items ..... and in respect of the export it is entitled to deduction under section 80hhc of the act.the entitlement of the assessee to the deduction is not disputed in the present appeal. ..... court was regarding the interpretation of section 54 of the income-tax act which confers exemption from capital gains tax subject to certain conditions. ..... it has been held that it is a sound and well-known principle of construction that meanings of words and expressions used in an act must take the colour from the context in which they appear. ..... 2) act, 1991 with retrospective effect from 1-4-1987 defined total turnover to exclude freight and insurance thereby bringing ..... difficulty in adopting the definition of the words 'total turnover' as appearing in the bengal finance (sales-tax) act, 1941 to the provision of section 80hhc. .....

Jai Mica Supply Co. (P) Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)86ITD96(Kol.)

..... in support of the claim that the assessee owns a factory it was contended that the contributions under the employees state insurance act for the workmen working in the establishment were made by the assessee. ..... when the benefit of section 80hhc is specifically excluded in respect of goods or merchandise like minerals and mineral ores originally and by means of subsequent amendment certain exception has been carved out from and out of excluded goods or merchandise for the purpose of giving the benefit, such exclusion cannot be regarded as indicative of an intention on the part of the legislature to have treated ..... 1st april, 1991, and, therefore, the interpretation that the deduction under the said section was permissible even before the amendment is logically not acceptable.reference has been made to the following statement of the finance minister while proposing the amendment in the parliament--"i also propose to extend the concession under section 80hhc to the export of processed minerals. ..... it may be mentioned that it is neither the intention of the legislature to give the benefit of deduction retrospectively, nor the said amendment was declared clarificatory in nature, therefore, due to the clear legislative provision, i am unable to endorse the view taken by my learned brother. ..... collector of customs (2002) 128 stc 349 (sc) : 2002 (3) scc 555. ..... 2nd series 1938, pp. .....

Joint Commissioner of Income Tax, Vs. I.T.C. Ltd.

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2008)112ITD57(Kol.)

..... shall be included in the total income of the assessee: (x) any sum received by the assessee from his employees as contributions to any provident fund or superannuation fund or any fund set up under the provisions of the employees' state insurance act, 1948 (34 of 1948), or any other fund for the welfare of such employees; as per section 36(1)(va), the assessee will get the deduction for the payment of the employees' contribution made on or before the due date. ..... if the legislature had intended that deduction would be allowable in respect of all types of buildings/accommodations used for the purposes of business or profession, then it would not have felt the need to amend the provisions of section 37 so as to make a definite distinction with regard to buildings used as guest-houses as defined in subsection (5) of section 37 and the provisions of sections 31 and 32 would have been sufficient for the said ..... . from the combined reading of sections 2(24)(x) and 36(1)(va), the position emerges that any contribution made by the employees to any provident fund, superannuation fund, employees' state insurance fund or any other fund for the welfare of such employees received by the assessee from his employees shall be deemed to be income of the assessee of the ..... hon'ble gauhati high court in case of george william sons reported in 284 itr 619 has held that such amendment to second proviso to section 43b is retrospective in nature and therefore this will be applicable to earlier year .....

Peerless General Finance and Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Kolkata

Reported in : (2003)79TTJ(Kol.)915

..... reproduced hereunder : (vi) providing the date by which a return showing loss is to be furnished and treatment of returns below taxable limit 9.1 under the existing provisions of section 139(3) of the it act, as amended by the taxation laws (amendment) act, 1970, the ito on an application made to him for this purpose is empowered to extend, in his discretion, the time for furnishing a return of loss. ..... since this aspect of the matter has also been referred to in some decisions cited by the assessee, i may also mentioned that by way of taxation laws (amendment) act, 1986, and effective 1st april, 1987, amendment has been made in section 139(3) to provide for the specific date by which loss return should be filed and, thereby, withdrawing powers of the ao to extend, in his discretion ..... contributions referred to in sub-clause (iia) of clause (24) of section 2, shall, if the total income in respect of which he is assessable as a representative assessee (the total income for this purpose being computed under this act without giving effect to the provisions of sections 11 and 12) exceeds the maximum amount which is not chargeable to income-tax, furnish a return of such income of the previous year in the prescribed form and verified in the ..... (2002) ..... (2002) ..... , 2002] has also decided the issue in favour of the revenue.though different reasoning has been adopted in that order than the reasoning given by me in this order, yet the conclusion ..... , 2002].reliance was also placed on the kerala high ..... 2002 .....