Court : Jharkhand
Reported in : [2008]301ITR333(Jharkhand); [2008(1)JCR357(Jhr)]
..... and set off which have been provided under sub-section (1) of section 72 or sub-section 2 of section 73 or section 74 or sub-section (3) of section 74a. the taxation laws (amendment) act, 1984 (act 67 of 1984) amended section 80 which came into effect from 1st april, 1985. as a result of amendment of section 80, the determination and carry forward of the loss in case of a belated return is not mandatory. a belated return is a return which is not furnished within time allowed under section 139(1 .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... ended before the date of search or after the date of the search. by doing so, the assessee could have escaped the liability to penalty under section 271(1)(c). in order to plug the aforesaid loophole, explanation 5 has been inserted by the taxation laws (amendment act), 1984 with effect from 1st october, 1984. the newly inserted explanation 5 enacts deeming provision and have application to a situation where in the course of a search under section 132, the assessee is found to be the owner of any money, bullion ..... returned by such partner had been accepted as his correct income; and no refund or other adjustment shall be claimable by any other partner by reason of such direction.(4a) and (4b) omitted by tla act, 1975, wef 1-10-75.11. prior to taxation laws (amendment act), 1984 in section 271, an assessee, who was found to be the owner of any money, bullion, jewellery, etc. recovered during the course of a search, was entitled to explain that such assets were acquired by him by utilizing .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)218CTR(Jharkhand)670; [2008]302ITR57(Jharkhand); [2008(1)JCR513(Jhr)]
..... far as such use or application relates to any period before the 1' day of june, 1970;(d) ...(i) ...(ii) ...(iii) ...11. clause (bb) in section 13 was inserted by the taxation laws (amendment) act, 1975 with effect from 1.4.1977, but the said clause was finally omitted by the finance act, 1983 with effect from 1.4.1984.12. in the instant case, as noticed above, in all assessment proceedings from 1969 onwards, the character and objects of the trust was not disputed ..... docs not effect the vires of the validity of the trust?3. whether in the facts and circumstances of the case, the tribunal was justified in holding that the assessee fulfilled all the conditions laid down in section 11 of the act to claim the benefit of section 11 of the act?2. the facts of the case, which are relevant for answer the questions of law, are as under.3. the assessee is m/s. karimia trust, jamshedpur. the assessee-trust was created by late hussainy tafazul karim of jamshedpur under a registered deed dated 6.5.1945 .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... became nonest and stood repealed after the rule 58 was omitted by amendment act of 1987 which has no saving clause. i am unable to accept the submission of the learned counsel.41. there is a presumption against a repeal by implication for the reason that the legislature while enacting law or the authority framing the rule has a complete knowledge of the existing laws on the same subject matter and therefore when it does ..... tax on motor vehicles. before the supreme court, contention of the cantonment board was that the municipalities act being a later act and the taxation act, the provisions of the later act would prevail, if there was any repugnancy between these two. consequently, the municipalities act being a later act, impliedly repealed the taxation act and rendered section 6 thereof ineffective and that the doctrine of desuetude applied to section 7 of the taxation act. considering the contention, the supreme court observed:16. coming to the conclusion of the applicability of the .....
Tag this Judgment!Court : Jharkhand
Reported in : AIR2009Jhar47; 2009(57)BLJR352; [2008(4)JCR420(Jhr)]
D.G.R. Patnaik, J.1. The petitioner in this writ application has made the following prayers:(a) For an order for quashing the Possession Notice dated 22.11.2007, issued by the Respondent No. 2, under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, (hereinafter In short 'SERFESI' Act) communicating a declaration thereby to the petitioner and the public in general that the Respondent has taken possession of the petitioner's property, mentioned in the Notice, in exercise of the provisions under Section 13(4) of the 'SERFESI' Act read with Rule 8 of the Rules, thereunder.(b) For issuance of an appropriate writ with a declaration that Possession Notice dated 22.11.2007 in relation to the immovable properties mentioned in the impugned Notice, is bad and illegal on the ground that the said properties were never mortgaged in favour of the Respondent-Bank and, therefore, the same cannot be treated as a security for enfor...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
Permod Kohli, J.1. Common challenge is made to Notification No. S.O.201 dated 30th March, 2006, issued under Section 7(3)(b) of' the Bihar Finance Act, 1981, whereby and whereunder, Notification Nos. S.O.478 dated 22nd December, 1995, S.O.57 dated 2nd March, 2000, S.O.479 dated 22nd December, 1995 and S.O.58 dated 2ndMarch, 2000 have been withdrawn. A further, challenge is to another Notification No. S.O.202 dated 30th March, 2006, issued under Section 8(5)(a) of the Central Sales Tax Act, 1956, whereby, Notification No. S.O.481 dated 22nd December, 2005 has been withdrawn. Apart from challenging the aforementioned notifications, constitutional validity of the provisions of Section 95(3)(ii) and Section 96(3) of the Jharkhand Value Added Tax Act, 2005 is also questioned. In view of the commonality of the grounds of challenge, all these writ petitions were heard together and are being disposed of by this common judgment.2. All the petitioners herein have established their industrial uni...
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]
ORDERM.Y. Eqbal, J.1. The petitioner who is the assessee has prayed for quashing the impugned notice purportedly issued under subsection (1) of Section 142 of the Income Tax Act 1961 (in short the Act) and for a direction upon the respondents not to continue with the assessment proceeding in respect of the assessment year in question. By amendment petition dated 8.1.2007 the petitioner have also prayed for quashing the order of assessment and demand notice and show cause notice issued by the Assistant Commissioner of Income Tax in respect of the assessment year 2004-05 which was pending on the date of filing of the writ petitions.2. The brief facts of the case are that the petitioner filed his income tax return voluntarily under Section 139(1) of the Act alongwith their profit and loss account drawn for the financial year ending 31st March 2004. After the return was filed on 17.5.2004 the petitioner's authorized representative appeared before respondent no. 3, the Assistant Commissione...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR249(Jhr)]
..... of bihar and after bifurcation of the state, said laws have been adopted and continued to remain in force in the entire state of jharkhand. the provision of articles 243zc and 243zf have recently been considered by a division bench of this court in the case of debashish soren v. state of jharkhand . in that case, the writ petitioner challenged the provision of jharkhand municipal (amendment) act, 2006, and ranchi municipal corporation (amendment) act, 2006 and jharkhand municipal act, 2000 on the ground that the same cannot ..... injustice resulting from dealings or transactions between unequals in society. law should be used as an instrument of distributive justice to achieve a fair division of wealth among the members of society based upon the principle : 'from each according to his capacity, to each according to his needs'. distributive justice comprehends more than achieving lessening of inequalities by differential taxation, giving debt relief or distribution of property owned by one .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR603(Jhr)]
M. Karpaga Vinayagam, C.J.1. These writ petitions as Public Interest Litigation have been filed under Article 226 of the Constitution, praying for striking down the various Constitutional Amendment Acts, (i) Constitution (Eight Amendment) Act, 1959, (ii) Constitution (Twenty Third Amendment) Act, 1969, (iii) Constitution (Forty Fifth Amendment) Act, 1980, (iv) Constitution (Sixty Second Amendment) Act, 1989 and (v) Constitution (Seventy Ninth Amendment) Act, 1999, as ultra vires of the original Article 334 of the Constitution of India as well as Articles 330, 331, 332 and 333 of the Constitution of India as ultra vires of the basic structure of the Constitution of India.2. The main ground on the basis of which prayer has been made is as follows:(A) These constitutional amendments are framing reservations for the last 60 years, whereby promoting fissiparous tendencies among the citizens of India. The continuation of reservation in the matter of representation of the Scheduled Castes and...
Tag this Judgment!Court : Jharkhand
Reported in : [2008(2)JCR267(Jhr)]; (2008)18VST289(Jharkh)
..... without giving the dealer as also the authority whose order is sought to be revised or their representatives a reasonable opportunity of being heard.21. a consolidated act was passed amending the law relating to levy of tax for sale and purchase of goods called bihar finance act, 1981. in the said act, section 45 lays down the provision of appeal and section 46 of the act lays the provision of revision. section 46 reads as under:46. revision.--(i) subject to such rules as may be made by the state ..... tax. when the assessing officer rejected the contention and included the said amount in his turnover, he went in appeal against to the assistant commissioner of sales tax, patna division, patna, who held that the sale of chillis was exempted from taxation as that was sale outside the state of bihar. on some other points, the dealer failed to get redress before the appellate authority and, therefore, he went in revision in regard to those points where he had failed. that authority remanded .....
Tag this Judgment!