Court : Jharkhand
Reported in : (2007)6VST614(Jharkh)
..... to find out whether it would be a taxation law or non-taxation law and what is the scope of operation of law, the following test was laid down by the 5-judges constitution bench of supreme court:when any legislation, whether it would be a taxation law or a non-taxation law, is challenged before the court as violating ..... reported in : air1991sc998 and submitted that if amended provision only varies the form of restriction, which was already, inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also placed on a supreme court ..... restriction from the special point of view of article 304(b), which requires presidential sanction. it has already been pointed that while amending bihar entry tax act, 1993 vide jharkhand entry tax (amendment) ordinance, 2001 additional restriction has been imposed on different items, such as, 'coal' etc. in that background, we are .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(1)JCR94(Jhr)]
..... to find out whether it would be a taxation law or non-taxation law and what is (he scope of operation of law, the following test was laid down by the 5-judges constitution bench of supreme court:when any legislation, whether it would be a taxation law or a non-taxation law, is challenged before the court as violating ..... reported in : air1991sc998 and submitted that if amended provision only varies the form of restriction, which was already inherent in the original act, and since the principal act had the sanction of the president, it was not necessary to obtain the sanction of the president for the amending act. reliance was also placed on a supreme ..... restriction from the special point of view of article 304(b), which requires presidential sanction. it has already been pointed that while amending bihar entry tax act, 1993 vide jharkhand entry tax (amendment) ordinance, 2001 additional restriction has been imposed on different items, such as, 'coal' etc. in that background, we are .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... merely authorizes the commercial taxes authorities to prescribe the procedure and condition for extending sales tax incentives to the industrial units. this clause does not even remotely suggest amendment or revocation of the industrial policy at any stage. on the contrary this clause tends to facilitate the grant of incentives. the procedure and conditions to be ..... the negative list may be altered by the government from time to time. after establishment of the industry, edible oil was brought on the negative list by amending s.r.o. 93. this was in view of the judgment of the hon'ble supreme court in another case where exemption to local industries was held ..... 24 of the counter affidavit filed by the state that after creation of the state of jharkhand on 15th november, 2000 and adoption of the bihar finance act, 1981 and other laws and rules vide notification s.o. 117 dated 15th december, 2000 by the state of jharkhand, several industries located in the erstwhile state of bihar were .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1552; (2007)210CTR(Jharkhand)602; [2007]290ITR114(Jharkhand); [2007(3)JCR264(Jhr)]
..... which was pending on the date of initiation of search and seizure under section 132 of the act has already awaited and continuation of the impugned assessment proceeding is wholly without jurisdiction illegal and invalid. by amendment petition, the petitioner pleaded that inspite of pendency of the writ petition, the respondent proceeded with ..... which means to throw down, destroy or quash or to nullify. according to black's law dictionary the word 'abatement' means the act of eliminating or nullifying or suspension or defeat of a pending action.18. according to advanced law lexicon by p. ramanatha aiyaar the word 'abate' means diminish or take away or to ..... in proceeding with the assessment after search in contravention of the provision of section 153a is vitiated in law. consequently, the impugned assessment order dated 28.12.2006 purportedly passed under section 143(3) of the act in a pending assessment proceeding which stood abated is a nullity. as discussed above, continuation of .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR1185; [2007(2)JCR357(Jhr)]
..... the power to reserve any area for exploitation by public sector undertaking, the said notification 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 ..... by notification, can reserve any area for exploitation by the government, a corporation established by the central government, state or provincial or government company. in 1987, by amendment act 37 of the 1987, section 17a was inserted, whereby it was provided that the state government, before reserving any area for mining operation through a government company or ..... be held to be of disuse as no grant as provided in section 7 of the taxation act has ever been made at any point of time after the enactment of the said act in 1947. this contention is wholly unsustainable in law inasmuch as we are not concerned with the question of grant to local authorities and cantonment .....
Tag this Judgment!Court : Jharkhand
Reported in : 2007(2)BLJR2042; [2007(3)JCR292(Jhr)]
..... ) the holder of a mining lease whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, shall notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay to the state government, every year, dead rent at such rate as may be ..... different uses to which the land is subjected or is capable of being subjected provide the basis for classifying land into different identifiable groups for the purpose of taxation. the nature of user of one piece of land would enable that piece of land being classified separately from another piece of land which is being subjected to ..... 104 of the judgment their lordships held that there is nothing like an implied power to tax. the source of power which does not specifically speak of taxation cannot be so interpreted by expanding its width as to include therein the power to tax by implication or by necessary inference.24. the principle laid down by .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR232(Jhr)]
..... . before appreciating the rival contention of the parties i would first like to quote section 127 of the income tax act as amended by direct tax laws (amendment) act, 1987 (act 4 of 1988). section 127 reads as under:section 127. power to transfer cases.--(1) the director general or chief commissioner or commissioner may ..... investigation of the petitioner's case with other cases of search and seizure. it is, therefore, clear that the mandatory requirement of law as contemplated under section 127 of the act has been fully complied with and there is no jurisdictional error in passing the impugned order of transfer of the case of the petitioner ..... assistant commissioner of income tax central; circle new delhi and accordingly, requested the commissioner of income tax, hazaribagh to pass order under section 127(2) of the act. the commissioner of income tax, new delhi also concurred for centralization of the case with assistant commissioner of income tax, central circle, new delhi. learned counsel .....
Tag this Judgment!Court : Jharkhand
Reported in : [2007(4)JCR185(Jhr)]
..... membership along with relationship with individual members based on doctrine of mutuality. it is further admitted fact on record that with the amended provisions of finance act, 1994 mandap keeper's service has been placed under taxation nets and accordingly the respondents noticed the petitioner to get it registered vide annexures-5 and 6. the petitioner got accordingly ..... not disputed the legal position that the petitioner's club is not liable to pay service tax for the services rendered to its member under the provisions of law. however, it has been asserted that the petitioner provides and allows the services for outsiders and receives money on this score for which it is liable to ..... is not liable to pay service tax under the provisions of sections 65, 66, 67 of the finance act, 1994 when the services were utilized by the members of the club. therefore the admitted position of law remains that the petitioner's club is not liable to pay service tax for the services provided to its members .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)217CTR(Jharkhand)233; [2008]298ITR109(Jharkhand); [2008(4)JCR709(Jhr)]
..... 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 ..... ; 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 ..... 2), may file revised return at any time before the assessment was made. this would be upto two years from the end of the relevant assessment year. the amending act 1987 has substituted a new sub-section (5) whereby limit of period for filing revised return has also been reduced to one year from the end of the .....
Tag this Judgment!Court : Jharkhand
Reported in : (2008)218CTR(Jharkhand)670; [2008]302ITR57(Jharkhand); [2008(1)JCR513(Jhr)]
..... 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 ..... 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 ..... m.y. eqbal, j. 1. by this application under section 256(1) of the income-tax act, 1961, the following questions of law have been referred to this court for opinion:1. whether in the facts and circumstances of the case, the was justified in holding that the trust was charitable-cum-religious .....
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