Bare Act Search Results

Court-fees Act, 1870 Section 11

Title: Procedure in Suits for Mesne Profits or Account when Amount Decreed Exceeds Amount Claimed

State: Central

Year: 1870

In suits for mesne profits or for immoveable property and mesne profits, or for an account, if the profits or amount decreed are or is in excess of the profits claimed or the amount at which the plaintiff valued the relief sought, the decree shall not be executed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits or amount so decreed shall have been paid to the proper officer. Where the amount of mesne profits is left to be ascertained in the course of the execution of the decree, if the profits so ascertained exceed the profits claimed, the further execution of the decree shall be stayed until the difference between the fee actually paid and the fee which would have been payable had the suit comprised the whole of the profits so ascertained is paid. If the additional fee is not paid within such time as the Court shall fix, the suit shall be dismissed.

Companies Profits Surtax Act 1964 Section 5

Title: Return of Chargeable Profits

State: Central

Year: 1964

.....the company during the previous year in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed : Provided that on an application made in this behalf, the1[Assessing Officer] may, in his discretion, extend the date for the furnishing of the return. (3) Any assessee who has not furnished a return during the time allowed under sub-sectior (1) or sub-section (2), or having furnished a return under sub-section (1) or sub-section (2), discovers any omission or wrong statement therein, may furnish a return or a revised return, as the case may be, at any time before the assessment is made. ________________________ 1. Substituted for the words "Income-tax Officer" and consequential changes as the rules of grammar may require by the Direct Tax Laws (Amdt.) Act (4 of 1988), S. 187 (1-4-1988).

Companies Profits Surtax Act 1964 Complete Act

Title: Companies Profits Surtax Act 1964

State: Central

Year: 1964

.....- Trnasfer of certain pending appeals Section12 - Appeals to Appellate Tribunal Section13 - Rectification of mistakes Section14 - Other amendments Section15 - Surtax deductible in computing distributable income under Income-tax Act Section16 - Revision of orders prejudicial to revenue Section17 - Revision of orders by [Chief Commissioner or Commissioner] Section18 - Application of provisions of Income-tax Act Section19 - Income-tax papers to be available for the purposes of this Act Section20 - Failure to deliver returns, etc Section21 - False statement Section22 - Abetment of false returns, etc Section23 - Institution of proceedings and composition of offences Section24 - Power to make exemption, etc., in relation to certain Union territories Section24A - Agreement with foreign countries Section24AA - Power to make exemption, etc. in relation to participation in the business of prospecting for extraction, etc., of mineral oils Section25 - Power to make rules Section26 - Saving ScheduleI - FIRST SCHEDULE ScheduleII - SECOND SCHEDULE ScheduleIII - THIRD SCHEDULE

Companies Profits Surtax Act 1964 Preamble 1

Title: Companies (Profits) Surtax Act, 1964

State: Central

Year: 1964

THE COMPANIES (PROFITS) SURTAX ACT, 1964 [Act, No. 7 of 1964] [2nd May, 1964] PREAMBLE An Act to impose a special tax on the profits of certain companies. BE it enacted by Parliament in the Fifteenth year of the Republic of India as follows;--

Companies Profits Surtax Act 1964 Section 8

Title: Profits Escaping Assessment

State: Central

Year: 1964

.....omission or failure on the part of the assessee to make a return under section 5 for any assessment year or to disclose fully and truly all material facts necessary for his assessment for any assessment year, chargeable profits for that year have escaped assessment or have been underassessed or assessed at too low a rate or have been made the subject of exercise relief under this Act, or (b) notwithstanding that there has been no omission or failure as mentioned in clause (a) on the part of the assessee, the1[Assessing Officer] has in consequence of information in his possession reason to belive that chargeable profits assessable for any assessment year have escaped assessment or have been under-assessed or assessed at too low a rate or have been the subject of excessive relief under this Act, he may, in cases falling under clause (a) at any time, and in cases failing under clause (b) at any time within four years of the end of that assessment year, serve on the assessee a notice containing all or any of the requirements which may be included in a notice under section 5, and may proceed to assess or re-assess the amount chargeable to surtax, and the provisions of this Act.....

Code of Civil Procedure 1908 Complete Act

State: Central

Year: 1908

.....in the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 (5 of 1970). Explanation II : For the purposes of this section, a transaction is a commercial transaction, if it is connected with the industry, trade or business of the party incurring the liability.] (2) Where such a decree is silent with respect to the payment of further interest on such principal sum] from the date of the decree to the date of payment or other earlier date, the court shall be deemed to have refused such interest, and a separate suit therefor shall not lie. SECTION 35: COSTS (1) Subject to such conditions and limitations as may be prescribed, and to the provisions of any law for the time being in force, the costs of and incident to all suits shall be in the discretion of the court, and the court shall have full power to determine by whom or out of what property and to what extent such costs are to be paid, and to give all necessary directions for the purposes aforesaid. The fact that the court has no jurisdiction to try the suit shall be no bar to the exercise of such powers. (2) Where the court directs that any costs shall not follow the event, the court shall state its reasons in.....

The Tamil Nadu Court Fees and Suits Valuation Act, 1955 Complete Act

State: Tamil Nadu

Year: 1955

.....1973 1 SCWR 1 : 1972 Tax LR 581 Followed by Madras High Court in Sriramulu V. Registrar, High Court , 1974 1 MLJ 390 : 88 LW 181 (DB) Court fees Act is a fiscal Act where an adjudication given by a Tribunal could fall within two provisions of the court fees Act, one of which was for the litigant and other more liberal, the court would apply that provision which was beneficial to the litigant " Diwan Brothers V. Central Bank of India and Others AIR 1976 SC 1503 : 1976 3 SCC 800. When plaintiff dexterously couch pleadings with a view to defeat the provisions of the Court fees Act, it is incumbent on the court look into the allegations in the plaint and see what is the substantive relief asked for .- Shamsher Singh V. Rajinder Prasad and Others, AIR 1973 SC 2284 : 1974 1 SCJ 270 : 1973 SCD 844 2. Application of Act " (1) The provisions of this Act shall not apply to " (a) (Proceedings in the Presidency Court of Small Causes, Madras ( omitted ) by Act XLIII of 1979. (b) documents presented or to be presented before an officer serving under the Central Government. (2) Where any other law contains provisions relating to the levy of fee in respect of proceedings under.....

The Pondicherry Court Fees and Suits Valuation Act, 1972 Complete Act

State: Pondicherry

Year: 1972

.....II. 21. Fees to be computed to the nearest multiple of five paise. " In the determination and computation of the amount of fee payable under this Act, any fraction of five paise less than two and a half paise shall be disregarded and any fraction of five paise equal to, or exceeding, two and a half paise shall be regarded as five paise. 22. Suits for money. " In a suit money (including a suit for damages or compensation, or arrears of maintenance, of annuities, or of other sums payable periodically), fee shall be computed on the amount claimed. 23. Suits for maintenance and annuities. - In the suits herein after maintained, fee shall be computed as follows :- (a) in a suit for maintenance, on the amount claimed to be payable for one year; (b) in a suit for enhancement or reduction of maintenance, on the amount by which the annual maintenance is sought to be enhanced or reduced; (c) in a suit for annuities or other sums payable periodically, on five times the amount claimed to be payable for one year: Provided that, where the annuity is payable for less than five years, the fee shall be computed on the aggregate of the sums payable: Provided further that a suit.....

The Kerala Court Fees and Suits Valuation Act, 1959[1]act 10 of 1960 Complete Act

State: Kerala

Year: 1959

.....means prescribed by rules made under this Act; and iv)expressions used and not defined in this Act or in the Interpretation and General Clauses Act, 1125 (Act VII of 1125), but defined in the Code of Civil Procedure, 1908 (Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER II LIABIALITY TO PAY FEE. 4.Levy of fee in Courts and public offices.-No document which is chargeable with fee under this Act shall- i)be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or ii)be filed, exhibited or recorded in any public office or be acted on or furnished by any public officer, unless in respect of such document there be paid a fee of an amount not less than that indicated as chargeable under this Act: Provided that, whenever the filing or exhibition in a Criminal Court of a document in respect of which the proper fee has not been paid is in the opinion of the Court necessary to prevent a failure of justice, nothing contained in this section shall be deemed to prohibit such filing or exhibition. [2]["4A. Levy of fee at the time of institution of suit.- Notwithstanding.....

Andhra Pradesh Court Fees and Suits Valuation Act, 1956 Complete Act

State: Central

Year: 1956

.....means prescribed by rules made under this Act; and (iv) expressions used and not defined in this Act or in the Andhra Pradesh General Clauses Act, 1891 (Act I of 1891), but defined in the Code of Civil Procedure, 1908-(Central Act V of 1908), shall have the meanings respectively assigned to them in the said Code. CHAPTER 02: LIABILITY TO PAY SECTION 04: LEVY OF FEE IN COURTS AND PUBLIC OFFICES No document which is chargeable with fee under this Act shall- (i) be filed, exhibited or recorded in, or be acted on or furnished by, any Court including the High Court, or (ii) be filed, exhibited or recorded in any public office, or be acted on or furnished by any public officer, except on payment of the fee chargeable in respect of such document under this Act: Provided that a document in respect of which the proper fee has not been paid may be filed or exhibited in a Criminal Court if the Court deems it necessary in the interests of justice to do so. SECTION 05: COLLECTION OF PROPER FEE ON DOCUMENTS When a document on which the whole or any part of the fee payable under this Act has not been paid is produced or received in any Court or public office, the Court or.....