Orissa High Court

Ballasts or boulders or chips are mineral for Sales Tax levy: Orissa HC

State of Orissa Vs M/s. D. K. Construction (Orissa High Court,)

Ballasts or boulders or chips being mineral as per Entry 117 of the taxable list are exigible to tax at the rate of 4% of taxable list. Moreover, the appeal has been purportedly filed before the Tribunal with proper perspective and there is no defect in raising any such plea before it. ...

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No Interest on Sales Tax Refund during Pendency of Re-Assessment Proceedings under Orissa Sales Tax Act, 1947

M/s. Bawa Trading Co Vs Sales Tax Officer and others (Orissa High Court,)

The fact in the instant case is that the assessee has submitted its return, which was assessed, but subsequently it was found that there is some suppression in submission of return so far as it relates to gross turn-over of the assessee and as such, reassessment order has been directed to be initiated under the provisions of Section 12(8)...

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Section 234E – Odisha High Court Stays Recovery Proceeding

Partha Sarathi Das Vs UOI & Ors. (Orissa High Court)

Hon'ble Odisha High Court has granted stay on the recovery of Late fee charged Under Section 234E of the Income Tax Act,1961. In Separate cases Hon'ble Bombay, Rajashthan, Kerala and Karnataka High Court has already stayed the Recovery Proceeding U/s. 234E of the Income Tax Act,1961 till the final verdict in the case. ...

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No Refund for Failure to Furnish Reco of Income as per TDS certificate & P/L a/c

Santuka Agencies Vs Income-tax Officer (Orissa High Court)

There is no material evidence on record to show that the assessee had produced any reconciliation statement of interest and contractual receipts as per TDS certificate compared to turnover credited in the P & L Account as per the audited statement. In view of the provisions of Section 237 of the Income Tax Act and averments made in parag...

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Section 132 – Assessing Officer has no authority to seize stock-in-trade

Puspa Ranjan Sahoo Vs Assistant Director of Income-tax (INV) (Orissa High Court)

Section 132(1)(iii) empowers the authorized officer to seize any such books of account, other documents, money, bullion, jewellery or other valuable article or thing found as a result of such search which represent either wholly or partly undisclosed income or property of the person. However, the proviso carves out an exception....

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HC criticises Income Tax Department for playing dirty games with Assessee

Management Committee (CFH Scheme) Vs Income-tax Officer (TDS), Cuttack (Orissa High Court)

Department cannot take advantage of its own inaction and lapses by taking a stand that the financial year is over. Such action of the opposite parties as rightly apprehended by the petitioner would lead to unnecessary complication and unavoidable and inappropriate proceedings. Had the certificate been given in time as was done in the prev...

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Exemption can’t be denied if placement & training fees is collected under law

Orissa Trust of Technical Education and Training Vs Chief Commissioner of Income-tax (Orrisa High Court)

Chief Commissioner has relied on the Government of India resolution providing for fee structure, 1997 and the Government of Orissa Industries Department Resolution dated 17.09.1998 to come to a conclusion that the fees collected towards "placement and training" is in excess of what was prescribed by the said resolutions. Petitioner's case...

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Refusal to convert warrants into equity shares cannot constitute ingredients of complaint u/s. 397/398 of Companies Act

Orissa Sponge Iron & Steel Ltd. Vs Bhushan Energy Ltd. (Orissa High Court)

The refusal of OSIL to convert 35,00,000 warrants held by Bhushan Energy Limited into equal number of equity shares may amount to a breach of contract but such breach of contract cannot constitute the ingredients of a complaint under Sections 397, 398, 402 and 403 of the Companies Act. As decided in the case of Incable Net (Andhra) Ltd. (...

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Wrong or default which is complete but whose effect may continue to be felt even after its completion is not a continuing wrong or defaul

Siddhartha Sen Vs Registrar of Companies (Orrissa High Court)

The offence alleged in the complaint against the petitioner is not a 'continuous wrong' and, therefore, the bar to take cognizance as contemplated under section 468(2)(b) of the Code of Criminal Procedure applies to the complaint lodged in the present case and, therefore, taking cognizance of such an offence after more than 11 years is cl...

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Income estimate by applying a flat rate can be fair if AO exercises his judgment reasonably and not arbitrarily

Commissioner Of Income-Tax Vs S. Sen And Others. (Orissa High Court,)

CIT v. S Sen & Others (Orissa High Court) 17 ITR 355 (Orissa) The proceeding arises out of two application consolidated because of the facts being identical, by the Commissioner of Income-tax/Excess profits Tax, Bihar and Orissa, under Section 66(1) of the Income-tax Act read with Section 21 of the Excess profits tax Act for the stating ...

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