Court : Orissa
Reported in : AIR1964Ori128; 30(1964)CLT299; [1965]56ITR298(Orissa)
..... 42 of 1962 which deals with assessment to wealth tax for the year 1957-58 the further question for decision by this court is whether the act could have limited retrospective effect so as to apply to the wealth of an assessee for the previous year. 2. ..... for the purpose of computing wealth tax, the assets of the previous year as they stood on 31-3-1957 which are equivalent to the assets as on 1-4-1957 (the date on which the act came into operation) have been taken into consideration. ..... the constitutional validity of the act may however be open to challenge if the charging section (section 3) is worded so as to authorise the levy of wealth tax on the net wealth say once a fortnight or once a month, so as to make it oppressively burdensome or confiscatory in nature, within the meaning of the principles enunciated in the aforesaid passages. ..... in these three references under section 27(1) of the wealth tax act 1957, the main question for consideration is the constitutional validity of the wealth tax act (hereinafter referred to as the act). ..... thus the same sum of money cannot accrue as 'income' more than once, the same goods cannot enter a country or leave a country except once, and similarly a person can die only once and another person can succeed to a property only once. ..... the peculiar problem arising out of the existence of undivided families amongst non-hindus does not arise in this state and in most other states inindia. .....
Tag this Judgment!Court : Orissa
Reported in : 95(2003)CLT348
..... the amendment to the notification issued under section 6 of the orissa sales tax act relied on by the counsel may not carry the petitioner far and at this stage we do not think that we should deal with the arguments in that regard addressed by counsel on either side ..... 50 lakhs each by 15.2.2003 and 15.3.2003 and similarly, the demand under the central sales tax act will stand stayed pending the second appeals before the tribunal, if the petitioner pays a sum of rs ..... 42a of list 'a' of the list of goods exempted from the orissa sales tax act, and was not entitled to claim exemption under item no. ..... 43a of list 'a' of list of goods exempted from orissa sales tax act and challenging the interim orders passed by the commissioner imposing condition for the grant of stay pending decision of the second appeals ..... 2.80 crores in two equal monthly instalments by 15.1.2003 and 15.2.2003 and produces the proof of payment on the next date before the concerned sales tax officer, recovery of the balance amount under the central sales tax act, would stand stayed. ..... was assessed under the orissa sales tax act, 1947 and under the central sales tax act, 1956. ..... as regards the tax payable under the orissa sales tax act, the commissioner ordered that if the petitioner paid a sum of ..... counsel contended that this was a question the answer to which would depend on the facts and the nature of the industry run by the petitioner, and whether it is small scale industry or it is a medium / large scale industry .....
Tag this Judgment!Court : Orissa
Reported in : (1982)28CTR(Ori)69; [1982]136ITR729(Orissa)
..... this explanation did not find favour with the appellate assistant commissioner because he was of the opinion that the assessee, having been assessed to income-tax from a long time back and having the benefit of regular advice from the taxation lawyer was definitely aware of the obligation cast upon him under section 14(1) of the wealth-tax act and, accordingly, the assessee was liable to penalty for consciously ..... material on record to come to the firm conclusion that the assessee knew his liability under section 14(1) of the wealth-tax act prior to the service of notice under section 17. ..... assistant commissioner the assessee's case was that he was not at all aware of his legal obligation for filing the wealth-tax returns in terms of section 14(1) of the act. ..... the case of the appellate assistant commissioner that the assessee had not filed his wealth-tax returns although he was advised to file the same by his lawyer. ..... years, the assessee filed his return on november 2, 1972, although he had been served with notices under section 17 of the act for the three latter assessment years out of these, namely, 1969-70 to 1971-72. ..... imposition of penalty were initiated for the non-filing of returns and as the assessing officer was not satisfied about the existence of any reasonable cause on the basis of the explanation offered, he imposed various amounts of penalties for these years.3. ..... from which were used to be returned by the assessee year after year for his income-tax assessment .....
Tag this Judgment!Court : Orissa
Reported in : [1983]140ITR389(Orissa)
..... the assessee's case is that he was an income-tax assessee but he did not submit the returns under the wealth-tax act for the assessment years 1964-65 to 1968-69, as on the advice of his counsel, sri neogi, he was under the impression that certain immovable properties were huf properties and the value of those properties was not to be included in his net wealth and that it was only when he received the notice for the assessment years ..... act, 1957 (hereinafter referred to as 'the act'), directed the wealth-tax appellate tribunal, cuttack branch, to state a case and refer the following common question in respect of assessment years 1964-65 to 1970-71 ..... however, was of the view that the assessee had only 1/9th share in those properties individually and he directed the wealth-tax officer to rectify the assessment accordingly. ..... in the penalty appeals, the aac observed that the assessee submitted the returns voluntarily, co-operated with the department during the assessment proceedings and paid the taxes properly. ..... the wto initiated proceedings, called upon the assessee to show cause and ultimately imposed varying penalties for the years under section 18(1)(a) of the act. ..... from the extract of the tribunal's decision it is clear that the tribunal relied upon the findings of the aac, namely, that the returns were voluntary, that the assessee had co-operated with the revenue in the matter of completing the assessments and had paid the taxes as per demand. ..... i agree with my lord the chief justice .....
Tag this Judgment!Court : Orissa
Reported in : AIR1960Ori142
..... laid down: 'as regards the second contention we are in entire agreement with the learned solicitor-general when he says that the income-tax officer is not fettered by technical rules of evidence and pleadings, and that he is entitled to act on material which may not be accepted as evidence in a court of law, but there the agreement ends, because it is equally clear that in making the assessment under sub-section (3) of section 23 of the act, the income tax officer is not entitled to make a pure guess and make an ..... it is true that there is no provision in the indian income-tax act which imposes a duty on the income-tax officer to disclose to the assessee the material on which he proposes to act while computing the assessment under section 23(3); but the principles of natural justice require that he should draw the assessee's attention to it and give him an opportunity to show that the officer's information is wrong and he should also indicate in his order the material on which he has made his estimate; gunda subbayya v. ..... in that case the sales tax authorities of bihar, completed the assessment without any material whatsoever under section 10(2) (b) of the bihar act which virtually corresponds to sub-section (3) of section 23 of the indian income tax act. ..... before dealing with this question, i would like to state that section 13 of the indian income-tax act does not justify a bald estimate of the income by the income tax officer without any evidence or other material on record .....
Tag this Judgment!Court : Orissa
Reported in : 35(1969)CLT1103; [1969]74ITR405(Orissa)
..... question for consideration is whether the amount so claimed can be deducted from the net wealth.section 2(m)(ii) of the wealth-tax act runs thus :'(m) net wealth means the amount by which the aggregate value computed in accordance with the provisions of this act of all the assets, wherever located, belonging to the assessee on the valuation date, including assets required to be included in his net wealth as on that date under this act, is in excess of the aggregate value of all the debts owed by the assessee on the valuation ..... 85 paid by cheque on the assessees overdraft account with the state bank of india was allowable as a debt under section 2(m) of the wealth-tax act ?' mr. p. v. b. ..... under section 5(1)(vi) of the wealth-tax act :'wealth-tax shall not be payable by an assessee in respect of the following assets, and such assets shall not be included in the net wealth of the assessee -............. ..... (3) whether the provisions of the wealth-tax act imposing a tax on the capital value of the lands and buildings are ultra vires the constitution ? ..... - four questions have been referred by the tribunal for the opinion of this court under section 27(1) of the wealth-tax act, 1957.they are :'(1) whether the provisions of the wealth-tax act levying tax on the total wealth of hindu undivided families are ultra vices the constitution of india (2) whether such provisions are ultra vires the constitution of india as being discriminatory ? .....
Tag this Judgment!Court : Orissa
Reported in : 1994(I)OLR435
..... petitioner has assailed the vires of section 5-a of the orissa sales tax act, 1947 (for short 'the act') as inserted by the orissa act 11 of 1990 which came into force on 1-7- 1990.2 ..... year exceeds rupees ten lakhs shall, in addition to the tax payable by him under this act, also pay a surcharge at the rate of ten percentum of the total amount of the tax payable by him ;provided that the aggregate of the tax and surcharge payable under this act shall not exceed in respect of goods declared to be of special importance in inter-state trade or commerce by section 14 of the central sales tax act, 1956, the rate fixed by section 15 of the said act :xxx xxx xxx'4. ..... -section (1) would be invalid being hit by section 15 of the central sales tax act (hereinafter referred to as 'the central act').5 ..... (1) of section 5-a, as distinguished from tax, the proviso ceases to have any meaning, because of which sub-section (1)would run against the mandate of sec 15 of the central act and would, therefore, be ..... definition of turnover of sales in section 2 (i) is the 'aggregate of the amounts of sale prices and tax, if any' and so, turn- over has intimate relationship with sale of goods. ..... we cannot, therefore, by hypertechnically reading sub-section (1) along with the proviso concede the argument of shri agrawal that the proviso itself should be taken to be non est because the proviso as drafted may indicate as if surcharge is payable on sale of ..... petition is disposed of with the aforesaid observations.b.n. .....
Tag this Judgment!Court : Orissa
Reported in : [1980]126ITR245(Orissa)
..... bench of the wealth-tax tribunal has stated a case under section 27(1) of the wealth-tax act, 1957 (hereinafter referred to as ' the act ', referred the following question for the opinion of the court:' whether, on the facts and in the circumstances of the case, the appellate tribunal was correct in holding that the meaning of the phrase held by him appearing in section 5(3) of the wealth-tax act, 1957, did not extend to assets held by the wife of the assessee and included in the total wealth of the assessee by virtue of section 4(1)(a) of the act '2. ..... finsbury borough council [1952] ac 109:' if you are bidden to treat an imaginary state of affairs as real, you must surely, unless prohibited from doing so, also imagine as real the consequences and incidents which, if the putative state of affairs had in fact existed, must inevitably have flowed from or accompanied it......the statute says that you must imagine a certain state of affairs ; it does not say that, having done so, you must cause or permit your imagination ..... section 2(m) defines net wealth as meaning the amount by which the aggregate value computed in accordance with the provisions of the act of all the assets wherever located, belonging to the assessee on the valuation date including assets required to be included in his net wealth under the provisions of the act which is in excess of the aggregate value of all the debts owed by the assessee except certain debts which are specified in that provision. .....
Tag this Judgment!Court : Orissa
Reported in : [2005]141STC26(Orissa)
..... . 625 of 1999 dated 30th july, 1999 issued under section 8(5) of the central sales tax act the state government rescinded the notification dated 12th november, 1990 as amended from time to time under which exemptions had been granted under sub-section (5) of section 8 of the central sales tax act, 1956 on sale of finished products to various categories of new, existing and continuing industrial units of ipr 1980 and ipr 1986 in the small-scale sector. mr ..... . mohanty submitted that section 7 of the orissa sales tax act, it is true, does not contain an express provision empowering the state government to withdraw an exemption from tax or deferment of payment of tax granted thereunder, but section 7 has to be read along with section 22 of the orissa general clauses act, 1937 which provides that where by an orissa act a power to issue a notification is conferred, then that power includes the power exercised in the like manner and subject to like sanction and conditions to rescind any such notification ..... for availing benefit of deferment of sales tax, the petitioner executed an agreement with the industrial promotion and investment corporation of orissa ltd. .....
Tag this Judgment!Court : Orissa
Reported in : [1997]226ITR274(Orissa)
..... add here that whether a particular case would come within the purview of section 194c of the income-tax act or not depends upon the facts and circumstances of the case, the stipulations in the agreement between the parties, and other relevant factors. ..... or a hindu undivided family) responsible for paying any sum to any resident (hereafter in this section referred to as 'the sub-contractor') in pursuance of a contract with the sub-contractor for carrying out, or for the supply of labour for carrying out, the whole or any part of the work undertaken by the contractor or for supplying whether wholly or partly any labour which the contractor has undertaken to supply shall, at the time of credit of such sum to the ..... that such circular is illegal and without jurisdiction in so far as it requires deduction of tax at source under the section in the case of contracts for mere carriage of goods which do not include any other services like loading and unloading and are not connected with any work to be performed by the carrier. ..... in the following words (page 440) :' 'work' envisaged in the sub-section therefore, has a wide importand covers 'any work' which one or the other of the organisations specified in the sub-section can get carried out through a contractor under acontract and further it includes obtaining by any of such organisationssupply of labour under a contract with a contractor for carrying out itswork which would have fallen outside the 'work', but for its specificinclusion in the .....
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