Court : Jammu and Kashmir
Reported in : [2001]247ITR549(J& K)
..... under section 27(1) of the wealth-tax act, 1957 ('the act') (erroneously numbered as income-tax reference), at the instance of the revenue, the income-tax appellate tribunal, amritsar bench, amritsar ('the tribunal'), has referred the following question of law to this court for opinion : 'whether, on the facts and in the circumstances of the case, the tribunal was correct in law in confirming the order of the commissioner of income-tax (appeals) quashing the assessment framed by the wealth-tax officer ..... case, the supreme court considered at length the question whether the wealth-tax act (minus agricultural land) related to entry 86 of list i (union list) of the seventh schedule as contended by the revenue or entry 97 of list iii (concurrent list) as contended by the assessee and held (page 633) : 'the language of entry 86 also clearly indicates that the tax is upon individuals and not directly upon the assets or upon ..... the real controversy in this case is in regard to the legislative competence of parliament to enact the wealth-tax act in relation to the state of jammu and kashmir in view of the special provision contained in article ..... as below : 'whether, the tribunal was justified in holding that the extension of the wealth-tax act, originally enacted, to the state of jammu and kashmir was unconstitutional ? ..... mehta, wto , wherein it was held that the application of the wealth-tax act to the state of jammu and kashmir was ultra vires the constitution of india, as applicable to .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [2000]246ITR603(J& K)
..... on the facts and in the circumstances of the case, the tribunal is right in law in considering in the course of and for the purpose of disposing of an appeal with regard to levy of penalty for default under section 18(1)(a) of wealth tax act, 1957 a challenge to the validity of the assessment order which was in fact final and conclusive?2. ..... by this reference under section 27(1) of the wealth-tax act, 1957 ('act') (erroneously numbered as income-tax reference), the income-tax appellate tribunal, amritsar bench, amritsar ('tribunal') has referred the following three questions of law to this court for opinion at the instance of the revenue ..... position is the same under the wealth-tax act, 1957('act'). ..... objecting to the amount of net wealth determined under the act or objecting to the amount of wealth tax determined as payable by him under the act or denying his liability to be assessed under the act may appeal to the appellate assistant commissioner under clause (a), (b) and (c) of section 23(1) of the act respectively. ..... like section 143(3) of the income-tax act, section 16(3) of the act also provides that the assessing officer shall, by order in writing, assess the net wealth of the assessee and determine the tax payable on the basis of ..... assessment order ; it is sufficient compliance with the requirements of section 143(3) of the income-tax act ,1961 if the tax payable is also computed and the computation is approved by the income-tax officer ,either immediately or some time later .4. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1997J& K132
..... circumstances and reasons given by the learned single judge.considering the provisions of clause (xiv) under explanation-1 of section 5 of the wealth tax act, 1957, extracted above, the court will have to see whether the jewellery in possession of any ex-ruler found to be his personal property which has been recognised as such before the commencement of the wealth tax act, 1957, it is for the central government to decide whether any of these articles are heirlooms or where such recognition ..... of india had also agreed to extend exemption from the provisions of the indian arms act to the same extent as a( present in favour of the maharaja and that maharaja's motorcars had to bear red number plates as at that time and further that his highness had to continue to enjoy exemption from the payment of sea customs duty as at that time etc. ..... the provisions of the right of inheritance-by a huf, the petitioner is entitled to inherit what was left by his ancestors as his personal property etc ..... things as cannot be taken away without damaging or dismembering the freehold; such as deer in a park, doves in a cote, deeds and charters, etc. ..... & k government, a copy of which had been sent to the central government, the items of jewellery, precious stones, wearing apparel etc. ..... issued further direction to the registrar of this high court to release 42 items of jewellery mentioned in appendix 'c' to the report of the committee of inspection appointed by the supreme court in favour of the petitioner ete etc.8. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [2000]246ITR607(J& K)
..... 7 of 1979), it has been held that it will be sufficient compliance with the requirements of section 16(3) of the wealth-tax act, 1957, if the tax payable is also calculated and the assessing officer approves the same by putting his signature thereon. ..... this is a reference under section 27(1) of the wealth tax act, 1957 (erroneously numbered as income-tax reference). ..... cannot consider the challenge to the validity of the assessment order, which has become final and conclusive, in an appeal against the order of the appellate assistant commissioner passed on an appeal against an order of penalty under clause (d) of section 23(1) of the wealth- tax act. ..... tribunal ('tribunal') has referred the following questions of law to this court for opinion at the instance of the revenue :'i) whether, in view of the fact that tax had been properly calculated on a separate calculation sheet duly signed by the wealth-tax officer on the same date on which the order computing the taxable wealth has been signed by him, the tribunal is right in holding that the ratio of the decision given by the j&k; high court in the case of s. ..... once the assessing officer signs both the sheets, that is, the assessment order sheet and the tax calculation sheet, the assessment process is complete in accordance with the requirements of section 16(3) of the act. 4. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (2001)165CTR(J& K)347,[2001]246ITR603(J& K)
..... whether, on the facts and in the circumstances of the case, the tribunal is right in law in considering in the course of and for the purpose of disposing of an appeal with regard to levy of penalty for default under section 18(1)(a) of the wealth tax act, 1957, a challenge to the validity of the assessment order which was in fact final and conclusive ?2. ..... j.by this reference under section 27(1) of the wealth tax act, 1957, (hereinafter referred to as 'the act') (erroneously numbered as income-tax reference), the income tax appellate tribunal, amritsar bench, amritsar (hereinafter referred to as 'the tribunal'), has referred the following three questions of law to this court for opinion at the instance of the revenue .'1 ..... the assessment order ; it is sufficient compliance with the requirements of section 143(3) of the income tax act, 1961, if the tax payable is also computed and the computation is approved by the income tax officer, either immediately or some time later.the position is the same under the wealth tax act. ..... sheet, are signed by the assessing officer, the assessment process will be complete in accordance with the requirements of section 16(3) of the act.in the instant case, there is no dispute about the fact that the tax payable had been duly determined in a separate sheet of paper, namely, assessment order form, which was prepared and signed by the wealth tax officer simultaneously with the assessment order and sent to the assessee along with the assessment order and .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [2001]246ITR607(J& K)
..... 7 of 1979), it has been held that it will be sufficient compliance with the requirements of section 16(3) of the wealth tax act, 1957, if the tax payable is also calculated and the assessing officer approves the same by putting his signature thereon. ..... j.this is a reference under section 27(1) of the wealth tax act, 1957 (erroneously numbered as income-tax reference). ..... cannot consider the challenge to the validity of the assessment order, which has become final and conclusive, in an appeal against the order of the appellate assistant commissioner passed on an appeal against an order of penalty under clause (d) of section 23(1) of the wealth tax act. ..... '(i) whether, in view of the fact that tax had been properly calculated on a separate calculation sheet duly signed by the wealth tax officer on the same date on which the order computing the taxable wealth has been signed by him, the tribunal is right in holding that the ratio of the decision given by the jammu and kashmir high court in the case of s. ..... in the instant case, there is no dispute about the fact that the tax payble had been duly calculated on a separate calculation sheet, which was signed by the wealth tax officer on the same date on which the order computing the net wealth was signed by him. ..... once the assessing officer signs both the sheets, that is, the assessment order sheet and the tax calculation sheet, the assessment process is complete in accordance with the requirements of section 16(3) of the act.3. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (1983)35CTR(J& K)194,[1983]142ITR574(J& K)
..... common question of law arising for our determination in this group of writ petitions is :'whether the wealth-tax act, 1957 (central act no. ..... it was only assumed that the original wealth-tax act fell within entry 86, list i, and on that assumption that entry was analysed and contrasted with entry 49, ..... mention that this court has never held that the original wealth-tax act fell under entry 86, list i. ..... also be noticed that entry 86, list i, deals only with individuals and companies but net wealth-tax can be levied not only on individuals but on other entities and associations also. ..... state of kerala : [1980]1scr804 , the vires of the kerala building tax act, 1975, was challenged on the ground that the subject-matter of the tax being a tax on buildings, it was a tax on the capital value of the assets of an individual or company and fell within the scope of entry 86 of list i and not under entry 49 of list ii, so that it was beyond the legislative competence of the ..... --(1) subject to any general or special orders which the state government may make in this behalf and to the provisions of sections 101 and 102, a municipality may impose for the purposes of this act any of the following taxes, namely : (i) a tax on buildings or lands situated within the municipal borough to be based on the annual letting value or the capital value or a percentage of capital value of the buildings or lands or both ;......' ..... :'the subject-matter of wealth-tax including or excluding agricultural lands, etc. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : (2001)169CTR(J& K)273,[2001]248ITR744(J& K)
..... jammu, whereby the board confirmed to the association as under : 'i am directed to refer to your letter dated april 3, 1974, addressed to the finance minister and to confirm that the provisions of clauses (xxxi) and (xxxii) of sub-section (1) of section 5 of the wealth-tax act, 1957, would be applicable to such of the undertakings of the forest lessees as are engaged in the business of extraction of wood from the forest, i.e. ..... kuthiala, vice president, jammu forest lessees association, confirming that the provisions of clauses (xxxi) and (xxxii) of sub-section (1) of section 5 of the wealth-tax act, 1957, would be applicable to such of the undertakings of the forest lessees as are engaged in the business of extraction of wood from forests ..... which was referred to the board was whether the forest lessees of jammu and kashmir could be said to be engaged in the business of manufacture of goods and entitled to the benefit of exemption from wealth-tax under clauses (xxxa), (xxxi) and (xxxii) of the wealth-tax act. ..... is clear from the above that the activity of the forest lessees of extraction of timber from the forest and conversion of the same into logs, planks, etc. ..... by whichever method it is done, the process of conversion of the felled tree into log's, planks, etc. ..... a forest lessee, his business was to cut standing' trees and to extract timber and convert the same in the form of logs, planks, etc. ..... factual position is that the assessee didnot 'purchase' logs and planks, etc. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : 2005(2)JKJ5
..... in coming to the conclusion that the transaction of generation, supply and sale constitutes inter-state sale on account of instantaneous movement of goods from one state to another under section 3 of the central sales tax act, 1956, the supreme court noticed the attributes of inter-state sale in these words:'it is well settled by a catena of decisions of this court that a sale in the course of inter-state trade has three essential ingredients: (i) ..... ' while considering the question as to whether electricity is 'goods' or not, the supreme court observed that 'the goods as defined for the purpose of sales tax cannot be taken in a narrow sense and merely because electric energy is not tangible or cannot be moved or touched like, for instance, a piece of wood or a book, it cannot cease to be movable property when it has all the attributers ..... validity of sro 141 is sought to be sustained on the ground that by virtue of the residuary legislative power under section 5 of the jammu and kashmir constitution, the state legislature was competent to make law on the subject of electricity ..... in this writ petition relates to competence of the government of jammu and kashmir to levy electricity duty on generation of electric energy in exercise of power under section 3(1) of the jammu and kashmir electricity (duty) act, 1963, which is sought to be done by notification, sro 141 dated 21st april, 1999. ..... etc ..... etc ..... can be transmitted, transferred, delivered, stored, possessed etc. ..... fixing the norms etc. ..... etc. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : [1975]98ITR311(J& K)
..... this company claimed rebate in accordance with the provisions of section 84 of the income-tax act, technically known as tax holiday, on the ground that it was a new business and was, therefore, entitled to rebate for a period of ..... the same business in a new manner and, therefore, the conditions of section 84(2)(i) of the income-tax act were not fulfilled. ..... that even if the new company be deemed to be a continuation of the old company, since a new business had been started, the assessee was entitled to tax holiday under section 84 of the income-tax act. ..... therefore, we answer the reference in the affirmative and hold that the tribunal was right in deciding that the assessees were entitled to the exemption provided under section 84 of the income-tax act of 1961. ..... been referred to us in both these cases : 'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee-company was entitled to the exemption provided under section 84 of the income-tax act, 1961 ? ..... chemical industries started manufacture of alcoholic spirits after taking a licence from the government in 1961, it became a new undertaking and was, therefore, entitled to the benefit conferred on such an undertaking by section 84(2)(ii) of the income-tax act. ..... over the new business, is a pointer to the fact that there was no sale but reconstruction of the old business and, therefore, the case admittedly did not fall within the purview of section 84(2)(ii) of the income-tax act. .....
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