Court : Allahabad
Decided on : Jul-30-2003
Reported in : (2004)191CTR(All)189
..... previous year ending 31st march, 1948, relevant to the asst. yr. 1948-49. the apex court held in that case that before section 12b of the indian it act, 1922, could be attracted, title must pass by any of the modes mentioned in section 12b, that is, sale, exchange or transfer. 'transfer' therein ..... on record for the ao to form the requisite belief and the reasons for the belief have a rational nexus or a relevant bearing to the formation of such belief and are not extraneous or irrelevant for the purpose of that section.16. therefore, having considered the law as it stands, the ..... (5) the transferee should have taken possession of the property; and (6) the transferee should be ready and willing to perform his part of the contract. in mool chand bakhru's case (supra) the apex court was considering whether certain letters exchanged between the parties would amount to an agreement to sell ..... section 2(47). the learned division bench noted that in order to attract section 53a the following conditions need to be fulfilled : (1) there should be a contract for consideration; (2) it should be in writing; (3) it should be signed by the transferor; (4) it should pertain to transfer of immovable property ..... for the following reasons, namely, that for a valid agreement under section 53a it must be signed by the transferor, rt should be a contract for consideration, should be in writing and the transferor should deliver possession subsequent to the agreement for sale. reliance for that is placed on the .....Tag this Judgment!
Court : Allahabad
Decided on : May-23-2003
Reported in : 134STC14(All)
..... on its own motion' powers were withdrawn, and with effect from october 3, 1980, the present section 10 conferring the powers of second appeal after the formation of the trade tax tribunals, came into existence. my attention has also been invited to the two rulings of this court, in which this point has ..... as discount, provided that such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of the contract or agreement entered into a particular case and provided also that the accounts show that the purchaser has paid only the sum originally charged, less the ..... a view to promote one's own trade does qualify for deduction as a discount. further, in the case of commissioner, sales tax, u.p. v. indian farmers fertilizers co-operative ltd.  90 stc 23 (all.), the following observations have been made by honourable mr. b.p. jeevan reddy, the ..... may, for the purposes of satisfying itself as to the legality or propriety of any order, made by any appellate or assessing authority under this act, in its discretion, call for and examine, either on its own motion or on the application of the commissioner of sales tax the person aggrieved ..... give relief of additional tax of rs. 51.85, and though this mistake was rectifiable by the first appellate authority under section 22 of the act, but the applicant having already filed a second appeal before the tribunal, did not move application under section 22 before the first appellate authority in .....Tag this Judgment!