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Judgment Search Results Home > Cases Phrase: income tax act Court: orissa Year: 2004 Page 1 of about 15 results (0.033 seconds)

Mar 17 2004 (HC)

industrial Development Corporation of Orissa Ltd. Vs. Commissioner of ...

Court : Orissa

Decided on : Mar-17-2004

Reported in : 98(2004)CLT363; [2004]268ITR130(Orissa)

..... per cent. on the plant and machinery in question was in any way erroneous so as to justify interference by the commissioner of income-tax under section 263 of the income-tax act, 1961 (2) whether the decision of the commissioner of income-tax that the sale and the lease back agreement is a colourable device with which the tribunal appears to have concurred is based upon ..... a. k. patnaik, j.1. this is an appeal under section 260a of the income-tax act, 1961 (in short, 'the act'), against the order dated february 7, 2003, of the income-tax appellate tribunal, cuttack bench, cuttack (hereinafter referred to as 'the tribunal), in i. t. a. no. 280/ctk of 2001.2. the facts as narrated in the impugned order of ..... was received by the appellant and the appellant believed that the matter was dropped.4. but on march 8, 2001, the commissioner of income-tax, bhubaneswar (in short, 'the commissioner'), issued a notice under section 263 of the act to the petitioner proposing to modify/set aside the said assessment on the ground that it was erroneous and prejudicial to the interests of ..... question was in any way erroneous so as to justify interference by the commissioner under section 263 of the act. in the order dated march 29, 2001, of the commissioner under section 263 of the act, the commissioner has taken the view that the income-tax rules provide for 100 per cent. depreciation on specific energy saving devices as mentioned in rule 5, appendix .....

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Nov 25 2004 (HC)

Sri Ramkrishna Vivekananda Educational Trust Vs. Registrar, Debt Recov ...

Court : Orissa

Decided on : Nov-25-2004

Reported in : AIR2005Ori75

..... ii of the income-tax act, 1961 provides the modes of recovery of certificate dues. rules 44, 45 and 47 ..... of the income-tax (certificate proceedings) rules, 1962 are the provisions to which a person other ..... the rules to the 'assessee', shall be construed as a reference to the defendant under this act.'8. from the above provision, it is clear that a recovery proceeding under the act is to proceed under the second and third schedules of the income-tax act, 1961 and the income-tax (certificate proceedings) rules, 1962 as in force from time to time. rule 4 of schedule ..... code of civil procedure are not applicable to a recovery proceeding under the act.7. section 29 of the recovery of debts due to banks and financial institutions act, 1993 provides as follows :'the provisions of the second and third schedules to the income-tax act, 1961 (43 of 1961), and the income-tax (certificate proceedings) rules, 1962, are in force from time to time shall, .....

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Jun 17 2004 (HC)

Premananda Panda Vs. State of Orissa and anr.

Court : Orissa

Decided on : Jun-17-2004

Reported in : 2004CriLJ3642

..... offence) against the petitioner is proved. all such facts and circumstances are relevant to be considered while considering an application under section 226(4) of the income tax act. that having not been done by learned vigilance judge, therefore, while maintaining the order of attachment this court directs the court below to afresh consider that application by providing opportunity ..... reconsideration of the matter by the court below in accordance with law and on due consideration of contention of the petitioner vis-a-vis the income tax department, in as much as section 226(4) of the income tax act authorises and empowers the court to make such an order. nonetheless such order cannot be passed as a matter of routine. the relevant ..... the charge-sheet calculating it towards the disproportionate assets of the accused, then that has to be accordingly accepted and not otherwise. similarly, if the assessment made by the income tax department is solely on the basis of the investigation made by the vigilance department, then there may be order for attachment but without creating a charge unless the charge ( ..... and argued but he said that the vigilance department being not the applicant, he has nothing to submit in favour or against the impugned order. none appeared for the income tax department even if repeated adjournments were granted with due intimation to the learned standing counsel.4. on consideration of the contention of the petitioner and the facts and circumstances .....

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Dec 13 2004 (HC)

Larsen and Toubro Ltd. Vs. Income Tax Officer (Tds)-cum-tax Recovery O ...

Court : Orissa

Decided on : Dec-13-2004

Reported in : (2005)199CTR(Ori)680; [2005]278ITR369(Orissa); 2005(II)OLR421

order1. heard mr. b.k.mohanty, learned counsel for petitioner and mr. a.k.mohapatra, learned standing counsel for the income tax department.2. the petitioner, larsen & toubro limited has its registered office at mumbai and regional office at calcutta. the petitioner also has a project office at balasore where the petitioner has undertaken some project works through sub-contractors. under section 192 of the income tax act, the officers of the petitioner's company are required to deduct income tax from the salaries payable to its employees and deposit the same in the income tax department. under section 194-c of the said act, the officers of the petitioner's company are required to deduct income tax payable to sub-contractors and deposit the same with the income tax department. since in respect of the employees and the sub-contractors engaged in the project undertaken by the petitioner at balasore, deductions as provided in section 192 and section 194-c of the income tax act, 1964 were not made and deposited within the income tax office at balasore, the income tax officer (t.d.s.)-cum-tax recovery officer, balasore, passed an order under section 201 of the said act on 25.2.2004 which is extracted herein below :'

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Jan 28 2004 (HC)

Bhubaneswar Stock Exchange Vs. Union of India

Court : Orissa

Decided on : Jan-28-2004

Reported in : [2004]137TAXMAN318(Orissa)

..... and persons employed in execution of the income tax act, 1922 under section 5(8) of the said act. he pointed out that similar provisions as in section 5(8) of the income tax act, 1922 have also been made in section 119 of the income tax act, 1961 empowering the central board of direct taxes to issue instructions to other income-tax authorities from time to time as it ..... may deem fit for the proper administration of the act and such authorities and all other persons employed for execution ..... circle- 1 (1), bhubaneswar had issued notices to the petitioner under section 148 of the income tax act, 1961 (hereinafter referred to as for short, 'the act') for the assessment years 1996-97, 1997-98, 1998-99, 1999-2000, 2000-2001 and 2001-2002 stating that its income had escaped assessment and pending assessment had provisionally attached the fixed deposits of the petitioner in ..... of the act are to follow and observe such instructions issued by .....

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Mar 17 2004 (HC)

industrial Development Corpn. of Orissa Ltd. Vs. Cit

Court : Orissa

Decided on : Mar-17-2004

Reported in : [2004]137TAXMAN556(Orissa)

..... officer with regard to depreciation of 100% on the plant and machinery in question was in anyway erroneous so as to justify interference by the commissionerunder section 263 of the income tax act, 1961 ?(2) whether the decision of the commissioner that the sale and the lease back agreement is a colourable device with which the tribunal appears to have concurred is based ..... a.k. patnalk, j.this is an appeal under section 260-a of the income tax act, 1961 (herinafter referred to as the act) against the order dated 7-2-2003 of the income tax appellate tribunal, cuttack bench, cuttack (hereinafter referred to as the tribunal) in i.t.a. no. 280xtk/2001.2. the facts as narrated in the impugned order of the tribunal ..... question was in any way erroneous so as to justify interference by the commissioner under section 263 of the act. in the order dated 29-3-2001 of the commissioner under section 263 of the act, the commissioner has taken the view that the income tax rules provide for 100 per cent depreciation on specific energy saving devices as mentioned in rule 5, appendix ..... coming to the said conclusion. when we put the question of mr. mohapatra, learned standing counsel for the income tax department, as to whether the aforesaid view taken by the commissioner in the order dated 29-3-2001 under section 263 of the act is supportable by any expert opinion, mr. mohapatra produced before us a copy of the communication dated 7-11 .....

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Dec 13 2004 (HC)

Food Corporation of India Workers' Union Vs. Food Corporation of India ...

Court : Orissa

Decided on : Dec-13-2004

Reported in : 99(2005)CLT150; (2005)IILLJ753Ori; 2005(I)OLR205

..... in cheque. he submitted that perhaps the only restriction on the obligation of the employer to pay wages and salary in cash is the provision in section 40a of the income tax act, 1961 that any expenses incurred by the assessee for a sum exceeding twenty thousand rupees will not be allowed as a deduction to the full extent unless such an expenditure ..... endeavour to secure 'a living wage' for the workers.6. mr. mohanty also relied on the decision of the supreme court in gestenter duplicators pvt. ltd. v. the commissioner of income tax, west bengal, air 1979 sc 607 and submitted that 'salary' and 'wages' connote one and the same thing, namely, remuneration or payment for work done or services rendered, but ..... of india in the orissa region directing payment of wages averaging rupees sixteen hundred or more and exceeding the minimum wages in cheque. section 2(k) of the industrial disputes act, 1947 defines 'industrial dispute' as any dispute or different between the employers and employers, or between employers and workmen, or between workmen and workmen, which is connected with the ..... regional manager, food corporation of india, orissa, bhubaneswar requesting him to ensure encashment of cheques and payment thereof to avoid attraction of the penal provisions of the payment of wages act, 1936. many of the employees also addressed representations to different district managers of the food corporation of india indicating their difficulties in receiving payment of their wages by cheques. the .....

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Jan 28 2004 (HC)

Bhubaneswar Stock Exchange Vs. Union of India (Uoi) and ors.

Court : Orissa

Decided on : Jan-28-2004

Reported in : (2004)190CTR(Ori)42; [2006]283ITR562(Orissa)

..... the ao wasright in not allowing the petitioner's claim for exemption under section 10(23c) (iv)and (v) of the act, but the ao had to consider the petitioner's application forexemption from income-tax under section 11 of the act and thereafter allowed theclaim of the petitioner for exemption to the extent indicated in his order dt.16th july, 1996, relevant portion ..... notification had been issued by the central government in respect of the petitioner under section 10(23c) (iv) and (v) of the act and in the absence of such notification, the petitioner was not entitled to exemption from income-tax in respect of its income. against the assessment order passed by the ao, the petitioner filed ita no. 23/co/1995-96 and the ..... and applications for stay of the disputed taxdemands till disposal of the appeals before the commissioner of income-tax(appeals)-1, bhubaneswar [hereinafter referred to as 'the cit(a)']. on 15thapril, 2003, the petitioner also filed applications under section 220(6) of the act before the asstt. cit praying, inter alia, that the petitioner should not betreated as an assessee-in-default in respect of ..... inwp(c) no. 4937 of 2003 and directs stay of the demands pending disposal ofthe appeal before the cit(a), the notices under section 226(3) of the act issued tothe banks for realization of the arrears of income-tax liability of the petitionerimpugned in wp(c) no. 5356 of 2003 will have to be quashed by the court.11. mr. akhil kumar mohapatra .....

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Oct 08 2004 (HC)

Orissa Consumers' Association and Anr. Vs. Orissa Electricity Regulato ...

Court : Orissa

Decided on : Oct-08-2004

Reported in : AIR2005Ori11

..... that the commission at the instance of the licencees has miserably failed to protect the interest of the consumers, more particularly the domestic low income group consumers. he argued that since its inception the commission has been acting as a regulator protecting and balancing the interest of the consumers while fixing the tariff and as a matter of fact, there has been ..... to publication, the provision of section 135(3) of the effect that a notification made under section 135(2) shall be conclusive proof that the tax has been imposed in accordance with the provisions of the act will come to the help of the municipality. in this case, as we find, the draft regulations had in fact been published in electronic form ..... the proposals and the draft rules was mandatory because the object of this first part was to invite objections from the inhabitants of the municipality who had to pay the tax and to further the democratic process and to provide a reasonable opportunity of being heard to those who were likely to be affected before imposition of the ..... it thinks necessary it would modify the proposal. section 135(3) provides that a notification of the imposition of the tax under sub-section (2) shall be conclusive proof that a tax had been imposed in accordance with the provisions of the act. two points which arose, inter alia, for consideration before the supreme court were as to whether the provision in section .....

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Mar 09 2004 (HC)

Sri Manoj Ranjan Nayak and ors. Vs. State of Orissa

Court : Orissa

Decided on : Mar-09-2004

Reported in : 97(2004)CLT753; 2004(I)OLR479

..... ' within the meaning of section 420, ipc. the charge in that case was that the appellant dishonestly or fraudulently induced the income-tax authorities and obtained an assessment order for less income-tax than due. it was held that the order of assessment received by an assessee was 'property', since it was of great ..... person in body, mind, reputation or property;(iv) in order to prove offence under section 419 it is further required to prove that all above acts are done by personation.7. coming to the allegations made in the present case the following allegations appear to be prima facie available on record. ..... by this court, in s.b. goenka v. rajendra prasad agarwalla, 1982 cri. lj 1228 that every breach of contract does not constitute an act of cheating. dishonest intention cannot be inferred from the mere fact that the accused person did not subsequently fulfil the promise. in the absence of materials ..... by the learned magistrate. the sum and substance of the allegations made in the complaint petition are that the accused persons requested the complainant to act as their agent and to negotiate for sale of their land. the complainant did negotiate and finalised the sale. it was further agreed between the ..... between the false representation and the delivery of the property or the doing of something by the person deceived. it is further necessary that the act or the omission complained of should cause or is likely to cause damage or harm to the person or property. in order that a person .....

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