Judgment Search Results Home > Cases Phrase: taxation laws amendment act 2007 section 9 omission of section 4 Court: kolkata Page 21 of about 4,412 results (0.130 seconds)

Mandanlal Jajodia Vs. Income-tax Officer, Dist. Ii(i), Calcutta, and A ...

Court : Kolkata

Reported in : [1965]58ITR693(Cal)

..... the bar of eight years was already operative, nor could the cases be dealt with under the taxation income (investigation commission) act, 1947. that is why sub-section (1a) was inserted in section 34 by section 2 of the indian income-tax (amendment) act, 1954. under section 34(1a), notice could be issued in respect of the war years, ..... the impugned notices given in the present case have been issued, taking advantage of the amendment introduced by the finance act of 1956. but for this amendment, no such notices could have been issued, being barred under the law as it stood previous to this amendment, both under section 34(1)(a) and section 34(1a). the learned standing counsel ..... 31st day of march, 1941. notices have been served for the assessment years 1940-41 to 1947-48 which would then be in compliance with the provisions of law above-mentioned. what is argued however is that, notwithstanding the omission of the time-limit for reopening the assessments as mentioned above in clause (a) of sub .....

Prasad Forms Pvt. Ltd. Vs. Assistant Commissioner, Commercial Special ...

Court : Kolkata

Reported in : [2005]140STC11(Cal)

..... find substance in the contention of the learned advocate for the petitioner that the taxation tribunal has no jurisdiction to decide whether the benefit under central sales tax act, 1956 is available to the petitioner after amendment of the definition of manufacture mentioned in 1994 act read with rules thereunder. i, thus, find that the first point should ..... court in the case of bakul cashew co. v. sales tax officer, quilon reported in [1986] 62 stc 122.12. it is now settled position of law that on the basis of existing eligibility, if a person is allured to set up industrial unit in expectation of getting benefit of tax for a particular period ..... manufacturers in west bengal with regard to full exemption, remission and deferment of tax both under state law and the central law by various sections, viz., section 39, section 40, section 41, etc., of the west bengal sales tax act, 1994 and accordingly, established a unit of manufacturing computer stationery.(b) in view of the aforesaid .....

Arya Samaj, Kolkata and ors. Vs. State of West Bengal and ors.

Court : Kolkata

..... reported in (1996) 5 scc 460 and har shankar v. excise and taxation commissioner reported in (1975) 1 scc 737]. there is, thus, no reason to exercise discretion in their favour for they incurred the statutory obligation of appointing the ..... my notice that the state government has made rules in terms of the provisions of the 1996 act detailing composition, powers, functions etc. of the committee of such institutions as is referred to in clause (c), as amended. in fine, the state government has not determined the status of the said institution being established ..... commission for the first time on june 16, 2008 requesting them to refrain from recommending any candidate for appointment on the post of headmaster. it is settled law that jurisdiction under article 226 of the constitution is not intended to facilitate avoidance of obligations voluntarily incurred [see rajendra singh v. state of m.p. .....

Commissioner of Income Tax, Kolkata – I, Appellant Vs. The Peerless ...

Court : Kolkata

..... it may be pointed out that the aforesaid clause (g) was introduced with effect from april 1, 1998. 98. disallowances were made in the assessment year 1997- therefore, the amendment which became operative with effect from april 1, 1998 could not apply to the assessment year 1997-98. we are also supported in our view by the judgment of the ..... income of the assessee does not exceed 30% of the book profit, the normal computation is of no use nor is of any consequence as far as taxation is concerned because taxation in all those cases shall take place on the basis of deemed income. it is a fact that the assessee has debited a sum of rs.120.39 ..... while computing the regular income in assessment year 1996-97 with the computation of book profit in assessment year 1997-98. it is settled law that the computation of total income for the purpose of income tax act and the computation of book profit for the purpose of section 115j.are two separate and distinct computations. as per section 115ja, the .....

Dhiraj Lal Mehta Vs. Commissioner of Commercial Taxes and ors.

Court : Kolkata

Reported in : AIR1963Cal442

..... be subjected to such restrictions and conditions in regard to the system of levy, rates and other incidents of the tax as parliament may by law specify.'prior to the constitution (sixth amendment) act, 1956 the explanation to article 286(1) of the constitution had defined an outside sale, but parliament has now been given power under article ..... of title to the goods during their movement from one state to another are regarded as inter-state. these sales are subject to taxation by the union government by reason of the amended entry 92a of list i of seventh schedule of the constitution. it follows that mere contemplation of movement at the time of sale ..... ground that the goods were delivered there for consumption. the bengal immunity case : [1955]2scr603 is regarded as the charter for immunity of inter-state sates from taxation. its result was that the sales tax imposed by the importing states on inter-state sales by non-resident dealers became unauthorised. individual states were faced with .....

Rogers Pratt Shellac Company Vs. Secretary of State

Court : Kolkata

Reported in : AIR1925Cal34

..... of 1918) effected a radical change in the scheme and scope of operation of this branch of law. the act of 1918 professes to be a consolidating and amending statute: on any point specifically dealt with in the act the law is to be ascertained by interpreting the language used in the statute in its natural meaning, uninfluenced by considerations derived ..... sufficient to say that the imposition of a tax under circumstances such as these would not in any way militate against the well-known principle that the power of taxation of any state is, of necessity, limited to persons, property or business within its territorial jurisdiction.55. this brings us to the next question as to what ..... is liable to tax. this no doubt would extend far beyond what is recognized in england or had been recognized in british india previous to act vii of 1918, as the territorial limit of taxation of income derived from business.12. on behalf of the company, we have been referred to certain english cases, and a case in .....

Calcutta Hospital and Nursing Home Benefits Association Ltd., Calcutta ...

Court : Kolkata

Reported in : AIR1963Cal598,[1963]47ITR247(Cal)

..... surplus which was returnable to the members would not be liable to tax and, prior to the amendment of section 2(6c) of the indian income-tax act, it is common ground that these profits were not subject to taxation'.therefore, the only point before the tribunal and which is now open to the taxing authorities is ..... of life insurance companies. these observations are :'before passing on to the next topic, it seems to us necessary to say a few words on the law relating to taxation of mutual insurance associations. prior to 1939, mutual insurance companies were not taxed in india on the basis of 'profits apparently in accordance with the decision ..... income-tax investigation commission report on mutual associations. but they do not make the position more favourable to the taxing authorities. those observations are as follows:'the law relating to the taxability of the income of various kinds of mutual associations can scarcely be said to be clear or definite. in the absence of specific legislative .....

Commissioner of Income-tax Vs. Tea Estates India Private Ltd.

Court : Kolkata

Reported in : [1972]86ITR705(Cal)

..... co. (p.) ltd., : [1967]63itr300(sc) . where, at page 305, it is said :'the language used by the legislature in section 2(6a)(c), as amended by the finance act, 1956, is fairly clear. there is in the hands of the liquidator only one fund. when a distribution is made out of the fund, for the purpose of determining ..... the contention that 60% of the amounts appearing under the head 'balance of appropriation account' in the balance-sheets as also the general reserves and liabilities for taxation appearing in the books of the two tea companies should be excluded from the computation of accumulated profits.4. on further appeal before the tribunal, two main contentions ..... reserves. once, the balance of the profit and loss account and the reserves are taken to the balance-sheet they become capital assets both under the company law and the principles of accountancy. the ratio of girdhardas's case would be attracted and at the time of distribution those capital items would have to be disintegrated .....

Hanuman Prosad Singhania Vs. Commercial Tax Officer and ors.

Court : Kolkata

Reported in : [1971]27STC289(Cal)

..... exempted from taxation under the said act, if the sales had taken place inside west bengal, the petitioner was entitled to a similar exemption under the central act in view of the provisions of sub-section (3) of section 8 of the central act. section 8 of the central act as amended by the central sales tax (second amendment) act, 1958, ..... reviews, revisions, references, penalties and compounding of offences, shall apply accordingly : provided that if in any state or part thereof there is no general sales tax law in force, the central government may, by rules made in this behalf, make necessary provisions for all or any of the matters specified in this subsection and such ..... (2) thereof is all along in the statute. moreover, if we refer to section 9(3) as it stood before the amendment act, it will be found that it also provides that 'the provisions of such law, including provisions relating to returns * * * shall apply accordingly.' it is therefore clear that both under section 9(3) before .....

Jiban Krishna Roy and Another Vs. Commissioner of Agricultural Income- ...

Court : Kolkata

Reported in : [1957]31ITR611(Cal)

..... of a financial year and with effect from the same date, the definition of 'british india', as given in section 3 (7) of the general clauses act, was amended as adoption which made it mean, for the period prior to the separation, a territory inclusive of burma and for the period subsequent thereto, a territory in ..... a diminished content. in the presence case, the old province of bengal ceased to exist altogether and the question of applying the bengal agricultural income-tax act which was amended, not at the beginning but at the middle or towards the end of the assessment year, presents a problem quite different from that which arose out ..... department could proceed only under the act or under some rule or order, having the force of law. the bengal agricultural income-tax act does not contain any direct provision like section 16 (1) (a) of the indian income-tax act which puts down in express terms that, certain categories of income, though exempt from taxation, shall, nevertheless, be included .....