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Start Free TrialFinance Act, 1983 Chapter III
Title: Direct Taxes
State: Central
Year: 1983
.....April, 1984, namely :- "43B. Certain deductions to be only on actual payment. - Notwithstanding anything contained in any other provision of this Act, a deduction otherwise allowable under this Act in respect of - (a) any sum payable by the assessee by way of tax or duty under any law for the time being in force, or (b) any sum payable by the assessee as an employer by way of contribution to any provident fund or superannuation fund or gratuity fund or any other fund for the welfare of employees, shall be allowed (irrespective of the previous year in which the liability to pay such sum was incurred by the assessee according to the method of accounting regularly employed by him) only in computing the income referred to in section 28 of that previous year in which such sum is actually paid by him. Explanation : For the removal of doubts, it is hereby declared that where a deduction in respect of any sum referred to in clause (a) or clause (b) of this section is allowed in computing the income referred to in 28 of the previous year (being a previous year relevant to the assessment year commencing on the 1st day of April, 1983 or any earlier assessment year) in which the.....
View Complete Act List Judgments citing this sectionFinance Act, 1983 Section 5
Title: Amendment of Section 10
State: Central
Year: 1983
.....: For the purposes of this clause, - (a) "fees for technical services" shall have the same meaning as in Explanation 2 to clause (vii) of sub-section (1) of section 9; (b) "foreign company" shall have the same meaning as in section 80B; (c) "royalty" shall have the same meaning as in Explanation 2 to clause (vi) of sub-section (1) of section 9;'; (b) in clause (10), - (i) for the words "thirty thousand rupees", at the three place where they occur, the words "thirty-six thousand rupees" shall be substituted and shall be deemed to have been substituted with effect from the 1st day of April, 1982; (ii) after the proviso and before the Explanation, the following proviso shall be inserted and shall be deemed to have been inserted with effect from the 1st day of April, 1982, namely :- 'Provided also that the Central Government may, having regard to the maximum amount which may for the time being be exempt under sub-clause (i), increase, by notification in the Official Gazette, the limit of thirty-six thousand rupees, for all the three purposes for which it has been mentioned in the foregoing provisions of this clause, up to such maximum amount : Provided also that.....
View Complete Act List Judgments citing this sectionFinance Act, 1983 Section 19
Title: Amendment of Section 44d
State: Central
Year: 1983
In section 44D of the Income-tax Act, with effect from the 1st day of June, 1983, - (a) in clauses (a) and (b), for the portion beginning with the words "from an Indian concern" and ending with the words "with the Indian concern", the following shall be substituted, namely :- "from Government or an Indian concern in pursuance of an agreement made by the foreign company with Government or with the Indian concern"; (b) after clause (b) and before the Explanation, the following clause shall be inserted, namely :- "(c) no deduction in respect of any expenditure or allowance shall be allowed under any of the said sections in computing income by way of interest received from Government or an Indian concern on moneys borrowed or debt incurred by the Government or the Indian concern in foreign currency."; (c) in the Explanation, in clause (d), for the portion beginning with the words "from an Indian concern" and ending with the words "with the Indian concern", the following shall be substituted, namely :- "from Government or an Indian concern in pursuance of an agreement made by a foreign company with Government or the Indian concern."
View Complete Act List Judgments citing this sectionFinance Act, 1983 Section 35
Title: Amendment of Section 115a
State: Central
Year: 1983
In section 115A of the Income-tax Act, in sub-section (1), with effect from the 1st day of June, 1983, - (a) after clause (a), the following clause shall be inserted, namely :- "(aa) interest received from Government or an Indian concern on moneys borrowed or debt incurred by Government or the Indian concern in foreign currency; or"; (b) for clause (b), the following clause shall be substituted, namely :- "(b) royalty or fees for technical services received from Government or an Indian concern in pursuance of an agreement made by the foreign company with Government or the Indian concern after 31st day of March, 1976, and where such agreement is with an Indian concern, such agreement is approved by the Central Government,"; (c) after clause (i), the following clause shall be inserted, namely :- "(ia) the amount of income-tax calculated on the income by way of interest referred to in clause (aa), if any, included in the total income, at the rate of twenty-five per cent.;"; (d) in clause (iv), for the words, brackets and letters 'and clause (b)", the words, brackets and letters "clause (aa) and clause (b)" shall be substituted; (e) in the Explanation, after clause.....
View Complete Act List Judgments citing this sectionThe Super Clays and Mineral Mining Company (Private) Limited (Acquisition of Undertakings) Act, 1983 [1] Complete Act
State: Kerala
Year: 1983
.....(ACQUISITION OF UNDERTAKINGS) ACT, 1983 [1] THE SUPER CLAYS AND MINERAL MINING COMPANY (PRIVATE) LIMITED (ACQUISITION OF UNDERTAKINGS) ACT, 1983 [1] (ACT 3 OF 1984) An Act to provide for the acquisition and transfer of the undertakings of the Super Clays and Minerals Mining Company (Private) Limited with a view to securing the proper management of such undertakings so as to subserve the interests of the general public by ensuring the continued production and distribution of china clay which is essential to the needs of the economy of the State and for matters connected therewith or incidental thereto. Preamble .-WHEREAS the Super clays and Minerals Mining Company (Private) Limited has at present the ownership of, and control over, a significant portion of the china clay production in the State and marketed and distributed in India; AND WHEREAS the production of china clay by the Company had stopped from the year 1975 resulting in fall in production of the china clay which is essential to the needs of the economy of the State; AND WHEREAS the company was not in a position to pay wages to its workers in consequence of which it declared a lay-off with effect.....
List Judgments citing this sectionTransformer and Switchgear Limited Acquisition and Transfer of Undertakings Act, 1983 Chapter II
Title: Acquisition and Transfer of the Undertakings of the Company
State: Central
Year: 1983
.....Andrew Yule, against Andrew Yule. (2) For the removal of doubts, it is hereby declared that,- (a) save as otherwise expressly provided in this section or in any other provision of this Act, no liability of the Company in respect of any period prior to the appointed day, shall be enforceable against the Central Government, or where the undertakings of the Company are directed under section 6 to vest in Andrew Yule, against Andrew Yule; (b) no award, decree or order of any court, tribunal or other authority in relation to the undertakings of the Company, passed after the appointed day, in respect of any matter, claim or dispute which arose before that day, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in Andrew Yule, against Andrew Yule; (c) no liability incurred by the Company before the appointed day, for the contravention of a provision of any law for the time being in force, shall be enforceable against the Central Government, or, where the undertakings of the Company are directed under section 6 to vest in Andrew Yule, against Andrew Yule. Section 6 - Power of the Central.....
View Complete Act List Judgments citing this sectionTransformer and Switchgear Limited Acquisition and Transfer of Undertakings Act, 1983 Chapter IV
Title: Management, Etc., of the Undertakings of the Company
State: Central
Year: 1983
.....relation to which have vested in the Central Government under section 3, shall, where a direction has been made by the Central Government under sub-section (1) of section 6, vest in Andrew Yule and thereupon Andrew Yule shall be entitled to exercise, to the exclusion of all other persons, all such powers and do all such things as the Company was authorised to exercise and do in relation to its undertakings. Section 10 - Duty of persons in charge of management of the undertakings of the Company to deliver all assets, etc. (1) On the vesting of the management of the undertakings of the Company in Andrew Yule, all persons in charge of the management of the undertakings of the Company immediately before such vesting, shall be bound to deliver to Andrew Yule, all assets, books of account, registers and other documents in their custody relating to the undertakings of the Company. (2) The Central Government may issue such directions as it may deem desirable in the circumstances of the case to Andrew Yule and that company may also, if it is considered necessary so to do, apply to the Central Government at any time for instructions as to the manner in which the management of the.....
View Complete Act List Judgments citing this sectionEmigration Act, 1983 Section 25
Title: Offences by Companies
State: Central
Year: 1983
.....punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall be deemed to be guilty of that offence, and shall be liable to be proceeded against and punished accordingly. Explanation.--For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
View Complete Act List Judgments citing this sectionDangerous Machines (Regulation) Act, 1983 Section 32
Title: Offences by Companies
State: Central
Year: 1983
.....punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-- For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
View Complete Act List Judgments citing this sectionJute Manufactures Development Council Act, 1983 Section 18
Title: Offences by Companies
State: Central
Year: 1983
..... Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act, if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-- For the purposes of this section,-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm.
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