Judgment Search Results Home > Cases Phrase: karnataka value added tax act 2003 section 30 credit and debit notes Court: punjab and haryana Page 1 of about 191 results (0.172 seconds)

United Riceland Pvt. Ltd. and anr. Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : [2005]140STC42(P& H)

..... simultaneously, the haryana value added tax act, 2003 (hereinafter referred to as 'the vat act') was amended by haryana act no. ..... 4 of 2003, [2003] 132 stc 50) and the haryana value added tax (amendment) act, 2004 (haryana act no. ..... this would be clearly impermissible legislative exercise.a mere look at sub-section (2) of section 11 shows that the respondent-state of karnataka, which was a party to the decision of the division bench of the high court against it had tried to get out of the binding effect of the decision by resorting to its legislative power. ..... in the light of what has been noted and discussed hereinabove, the law laid down in the aforesaid two judgments cannot be held to be a decision with respect to the matter in controversy before this court.'5. ..... such observations or contentions made or noted in the judgment of the supreme court while interpreting the provisions of the law pertaining to other states may not be deemed finally decided as admittedly the haryana act was not called upon to be adjudicated. ..... state of andhra pradesh : air1993sc1048 , but distinguished the last two mentioned judgments by making the following observations :'as earlier noted in the aforesaid judgments of the supreme court in hotel balaji's case [1993] 88 stc 98 and murli manohar's case [1991] 80 stc 79, the supreme court made reference to the provisions of the act while interpreting the law to other states. .....

Controller of Estate Duty Vs. Kismat Rai Khanna

Court : Punjab and Haryana

Reported in : (1998)146CTR(P& H)75; [1998]234ITR179(P& H)

..... by the mitak-shara law, only the share of the deceased in such house is exempt from estate duty under section 33(1)(n) and for the purpose of determining the rate of estate duty the value of the share of the deceased in such house has to be excluded from the value of the property passing on his death under section 34(1)(a), but the value of the shares of all the lineal descendants of the deceased in the coparcenary property including the residential house has ..... the assistant controller allowed exemption under section 33(1)(n) of the act in respect of the half share representing the deceased's share in the huf and added the half share, i.e., rs. ..... the bench specifically disagreed with the view expressed by the and-hra pradesh high court in estate of late durga prasad beharilal's case : [1979]116itr692(ap) and agreed with the view expressed by the karnataka high court in k. ..... the following question of law has been referred to this court by the income-tax appellate tribunal, chandigarh bench, chandigarh, for its opinion :'whether the appellate tribunal legally erred in holding that if an exemption is available to a hindu joint family in respect of a residential house, its value being less than rs. ..... the tribunal noticed the difference of opinion between the karnataka high court in ced v. k. ..... we entirely agree with the view expressed by the karnataka high court in k. ..... we need not refer to all these judgments as the line of reasoning was the same as was adopted by the karnataka high court in k. .....

Partap Steel Rolling Mills Ltd. Vs. State of Punjab

Court : Punjab and Haryana

Reported in : (2007)9VST629(P& H)

..... 4, 1991, the revisional authority issued notice to the assessee under section 21(1) of the punjab general sales tax act, 1948 (for short, 'the act') on the ground that deduction under rule 29(xii) of the ..... individual importer or purchaser but as contemplating distribution eventually to consumers in general within the state.it is not the immediate person who brings the goods into a local area who must consume them himself, the act of consumption may be postponed or may be performed by someone else but so long as the goods have been brought into the local area for consumption in that sense, no matter by whom, they ..... in calculating his taxable turnover a registered dealer may deduct from his gross turnover,-(xii) the purchase value of goods which have already been subjected to tax under section 5(1 a) used or consumed by him in manufacture in punjab of goods other than goods declared tax-free under section 6 for sale,-(i) in punjab ;(ii) in the course of inter-state trade or commerce ;(iii) in the course of export out of territory of india:provided that the dealer ..... the explanation contained in rule 57a is merely meant to enlarge the meaning of the word 'input' and does not in any way restrict the use of the input within the factory premises.the appellant could not have claimed modvat credit in respect of limestone because of the provisions of rule 57c, inasmuch as there was an exemption ..... taxes, karnataka [1991] 82 stc 251 (karn) and saurashtra calcine bauxite and ..... added to the word .....

Chandi Ram and ors. Vs. Commissioner of Income Tax

Court : Punjab and Haryana

Reported in : (2008)217CTR(P& H)113; [2009]312ITR139(P& H)

..... far as application of clause (c) of section 45(5) and sub-section (16) of section 155 of the act, which were inserted by finance act, 2003 is concerned, these clauses will not be applicable and taken into consideration while deciding the present ..... compensation as received by the assessees on the basis of the award given by the district judge will be liable to be considered for the purpose of computation of capital gain under section 45 of the income-tax act, 1961 (hereinafter referred to as the act'), in the year of its receipt, irrespective of the fact that 50 per cent amount of the additional enhanced compensation was received on furnishing security in terms of the interim order ..... order of assessment so as to compute the capital gain by taking the compensation or consideration as so reduced by the court, tribunal or any other authority to be the full value of consideration; and the provisions of section 154 shall, so far as may be, apply thereto, and the period of four years shall be reckoned from the end of the previous year in which the order reducing the compensation was passed by the court, tribunal or other authority.6. ..... taken by two division benches of this court, following the view taken by the karnataka high court has been taken by various other high courts in the following cases ..... , it may be noted that amendment to section 45 of the act by inserting clause (c) by the finance act, 2003 only states that the ..... section (5) of section 45 of the act was added vide finance act .....

Aradhana Drinks and Beverages Pvt. Ltd. Vs. State of Punjab and Others

Court : Punjab and Haryana

..... [28] in novva ads case (supra), the validity of sections 326-a to 326-j of the chennai city municipal corporation act, 1919 and the chennai city municipal corporation (licensing of hoardings and levy and collection of advertisement tax) rules, 2003 was unsuccessfully challenged by the petitioner firstly before the madras high court and thereafter in the honble supreme court. ..... (1) the corporation shall, for the purposes of this act, levy the following taxes:- (a) taxes on lands and buildings; (b) octroi; (c) a tax on vehicles and animals; (d) a tax on advertisements other than advertisements published in newspapers; (e) a tax on buildings payable along with the application for sanction of the building plan; and (f) a development tax on the increase in urban land values caused by the execution of any development or improvement work. ..... [9] the petitioner, in support of its first contention, relies upon the view taken by three honble high courts of madras, calcutta and karnataka in (i) v. ..... the high courts of calcutta and karnataka have followed the aforesaid view while examining the similar worded-provisions of the respective state acts. .....

Bansi Rice Mills Vs. State of Haryana and ors.

Court : Punjab and Haryana

Reported in : [2002]127STC218(P& H)

..... in that case, their lordships interpreted the provisions of the rajasthan sales tax act, 1954, which are similar to those contained in the act and held as under :'under section 11b of the rajasthan sales tax act, 1954, before its substitution by act no. ..... mittal, deputy excise and taxation commissioner, in-charge of the district-cum-revisional authority, karnal, vested with the powers under section 40(2) of the haryana general sales tax act, 1973, in suo motu examined your sales tax assessment record for the purpose of satisfying myself as to the legality and propriety of the order passed by assessing authority for the assessment year 1994-95 on february 6, 1996. ..... 3, it cannot be said that the decision taken by him to revise the assessment order was based on the audit note or that the said respondent had not applied his mind to the record or had not recorded reasons before issuing notice to the petitioner.8. ..... the judgment of the karnataka high court in sha m. ..... after excluding the value of opening stock of rice in case it is accepted that total opening stock of rice has been utilised during the first three quarters, the sale value of rice procured out of the paddy milled will come to rs. ..... 1,23,34,269 against which purchase value of paddy on the basis of ratio derived on the basis of trading account will come to rs. ..... 1,47,64,137 which shows that against milling of paddy for 100, the sale value of rice could at the most up to rs. .....

Commissioner of Income-tax Vs. Jindal Brothers Rice Mills

Court : Punjab and Haryana

Reported in : (1989)79CTR(P& H)235; [1989]179ITR470(P& H)

..... at the instance of the revenue, the following question has been referred for the opinion of this court:'whether, on the facts and in the circumstances of the case, the appellate tribunal was right in law in holding that cash subsidies received by the assessee are not to be deducted from the cost of machinery and plant and building under section 43(1) of the income-tax act, 1961, for determining their actual cost for the purposes of depreciation allowance under section 32 of the act ?'5. ..... here, we are called upon to decide an interesting and important question of law, namely, whether in calculating the actual cost of building, machinery and plant, the amount received by way of subsidy has to be deducted from the actual cost for the purposes of allowing depreciation under section 32 of the income-tax act, 1961 (for short 'the act').2. ..... even if the assessee wrongly maintains the account books and utilises the entire subsidy against the value of the land to reduce its cost, the income-tax officer would not overlook the matter and would appropriate the subsidy in reducing the cost of the machinery, plant and building for which the subsidy was specifically granted. ..... the aforequoted four judgments of the andhra pradesh, karnataka and madhya pradesh high courts do support the argument raised on behalf of the assessee but, on deeper consideration, we are unable to subscribe to the view taken therein. ..... , added to the main plant and machinery for modernisation, diversification, etc. .....

Commissioner of Income-tax Vs. Haryana Roller Flour Mills (P.) Ltd.

Court : Punjab and Haryana

Reported in : [1997]224ITR242(P& H)

..... in all these petitions filed under section 256(2) of the income-tax act, 1961, by the revenue, a prayer has been made for directing the income-tax appellate tribunal to refer the question of law as to whether the tribunal has been right in law in holding that the capital subsidy received by the assessee should not be deducted from the value of the assets while working out the cost for allowing depreciation.2. ..... their lordships approved the ratio of the decisions of the allahabad, bombay, calcutta, gauhati, gujarat, karnataka, kerala, madras, orissa and rajasthan high courts and disapproved the view taken by this court in the two decisions relied upon by shri mahajan and held (headnote) :' where government subsidy is intended as an incentive to encourage entrepreneurs to move to backward areas and establish industries, the specified percentage of the fixed capital cost, which is the basis for determining the subsidy, being ..... their lordships of the supreme court were considering the appeals filed by the department against the judgments of the andhra pradesh high court and some other courts including this court on the issue of deduction of subsidy from the total assets for the purpose of computing the actual cost of the asset. ..... this is how the department has filed this petition under section 256(2) of the act and has sought reference of the question of law framed by it.4. .....

Karnal Co-operative Sugar Mills Ltd. Vs. Commissioner of Income-tax

Court : Punjab and Haryana

Reported in : [1998]233ITR531(P& H)

..... the following questions of law have been referred under section 256(1) of the income-tax act, 1961 (for short 'the act'), at the instance of the assessee :'1. ..... the assessee has claimed certain deductions from the interest income with the plea that expenditure incurred for the purpose of opening a letter of credit and also on the payment of interest on account of the overdraft account should be deducted from the interest income. ..... the expenditures incurred by way of 'letter of credit charges' and interest paid on the overdraft account are not eligible for deduction under section 57 of the act inasmuch as, it has not been established that these expenditures have been incurred by the assessee, so as to earn the interest. ..... in case the shares of such companies were not subscribed by the public in toto, the assessee was obliged to subscribe those shares at face value and was entitled to underwriting commission and brokerage in the same manner as if the shares of such companies were subscribed by the public. ..... the income-tax officer added the entire amount received by the assessee by way of underwriting commission and brokerage as part of the taxable income for both the assessment years. ..... the karnataka high court in karnataka forest plantations corporation limited v. ..... the assessee had debited various expenses to the profit and loss account and credited the interest income to that account to reduce the losses. .....

United Receland Limited and anr. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR227

..... tax act, 1973 proposing to drop section 9 and amending section 15 besides substituting section 15-a, it was stated in the statement of objects and reasons as under :-'a tax on the purchase value of goods, purchased from within the state when transferred as such to branches outside the state or sent for sale on consignment basis or when used in the manufacture of goods, and the manufactured goods were either transferred to branches or sent for sale on consignment basis, outside the state, was leviable under section 9 and section 24 of the haryana general sales tax act ..... in the context of scope, aim and object of the taxing statute and the rules of interpretations, as noted herein above, let us now examine the submissions of the petitioners testing them on the ..... that for statutary interpretations, reference can be made to the proceedings in parliament in order to ascertain the intention of the legislature and that if necessary, certain words may be added to the statute for the purpose of interpreting it in consonance with the intention of legislature.23. ..... showing greatest respect and regard to the judgment and observations of the supreme court in hotel balaji's case (supra) and murli manohar's case (supra), we have come to the conclusion that as the court had not declared the law on the subject in the context of the arguments addressed before us the same having all regard and value cannot be pressed into service by the petitioner for accepting their arguments as noted herein above.74. .....