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Visalakshi Vs. Income-tax Officer, City Circle Ii, Bangalore and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 4, 4(3), 4(5), 4(10), 12, 13 and 156; Compulsory Deposit Scheme Act, 1963 - Sections 4(3); Finance Act, 1963

Reported in : [1968]67ITR150(KAR); [1968]67ITR150(Karn)

Scheme, 1963, made by the Central GOvernment in exercise of the power conferred by section 5 of the Compulsory Deposit Scheme Act, 1963 (Act No. XXI of 1963). 2. The question arises thus : he Compulsory Deposit Scheme Act, 1963 (Act

Hari Krishna Bhargav Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Subject : Constitution

Acts : Indian Income-tax Act, 1961 - Sections 2; Constitution of India - Articles 14, 246, 292, 293 and 366(4); Finance Act, 1964 - Sections 3(1), 44, 280, 280-A, 280-E, 280-O, 280-X, 280-X(1) and 280-X(2); Provincial Act; Compulsory Deposit Scheme Act, 1963

Reported in : AIR1966SC619; [1966]59ITR243(SC); [1966]2SCR22

to annuity deposits could appropriately be incorporated in the Indian Income-tax Act, 1961. The Parliament did enact the Compulsory Deposit Scheme Act, 1963, as a separate statute, but the does not mean that it had no power to incorporate it within … I agree, therefore, that the petition be dismissed with costs. 21. Petition dismissed. Constitution - valid legislation - Section 2 of Indian Income-tax Act, 1961, Articles 14, 246, 292, 293 and 366 (4) of Constitution of India, Sections

Ved Vyas Chawla Vs. the Income Tax Officer 'C' Ward and Anr.

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Articles 14, 19(1), 269, 270 and 271; Finance Act, 1963; Compulsory Deposit Scheme Act, 1963

Reported in : AIR1965All37; [1965]57ITR749(All)

nor capricious; it is a perfectly understandable, intelligible and reasonable classification. 8. Lastly, it was contended that the Compulsory Deposit Scheme Act, 1963 which was, so to speak, in lieu of Additional Surcharge was violative of the principles laid down in … has been excluded from the application of the provisions for the levy of Surcharge. The relevant portion of Section 2 Sub-clause (2) of the Finance Act 1963, reads; '(2) in making any assessment for the assessment year commencing

Commissioner of Wealth-tax Vs. Vidur V. Patel

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Rules, 1957 - Rule 1D; Wealth Tax Act, 1957 - Sections 2, 7 and 27(1)

Reported in : (1995)124CTR(Bom)343; [1995]215ITR30(Bom)

of proprietary right. Compulsory deposit was made in this case by the assessee under the Compulsory Deposit Scheme, 1963, and the scheme framed thereunder. This Scheme was enacted to provide for the making of compulsory deposits at … assessment years 1976-77 and 1977-78 as the assessee claimed that the amount standing to his credit in the Compulsory Deposit Scheme Account was not an asset within the meaning of section 2(e) of the Act and even if it

V.M. Rao (individual) Vs. Commissioner of Wealth-tax

Court : Chennai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 5, 5(1) and 27(1)

Reported in : [1998]229ITR813(Mad)

CWT v. Vidur V. Patel : [1995]215ITR30(Bom) , wherein the Bombay High Court had held that 'under the Compulsory Deposit Scheme, 1963, the deposit in any year is repayable with interest thereon at any time after the expiry of … the Tribunal referred the following question for the opinion of this court under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'). 'In the facts and circumstances of the case was the Income-tax … referred the following question for the opinion of this court under section 27(1) of the Wealth-tax Act, 1957 (hereinafter referred to as 'the Act'). 'In

Raojibhai H. Desai Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Pune

Subject : Direct Taxation

Reported in : (1985)14ITD84(Pune.)

Profit Tax Act, required the taxpayer to deposit amounts on which deduction was admissible. Compulsory Deposit Scheme of 1963 gave rebate on additional surcharge otherwise payable. In surtax reduction in surcharge was given on deposits with IDBI, … 1980-81 holding that the interest of Rs. 12,194 and Rs. 349, respectively, accruing to the assessee under the Compulsory Deposit Scheme (Income-tax Payers) Act, 1974 ('the CDS Act') [subject to relief under section SOL of the Income-tax Act, 1961 … have been filed against the orders of the Commissioner (Appeals), Pune, dated 29-11-1983 for the assessment year 1980-81 holding that the interest of Rs. 12,194

Shri Sai Vividh Karyakari Seva Vs. the State of Maharashtra and ors.

Court : Mumbai

Subject : Co-operative Societies

Acts : Maharashtra Co-operative Societies Act 1960 - Section 13, 14; Maharashtra Agricultural Produce Marketing (Development and Regulations) Act 1963 ; Maharashtra Agriculture Produce Marketing (Development and Regulations) Rules 1967 - Rule 36(2), 15, 11, 6, 7

S. C. 1073(1) and further contends that the enabling words are always compulsory, where the words were to effectuate a legal right. e) The learned … and for being a member, the right to vote, the payment of deposit and its forfeiture, the determination of election disputes and all matters ancillary … interpreted with regard to the legislative intent, the scheme of the Act, purpose and object underlying the … Produce Market Committee, Shrigonda, Dist. Ahmednagar under the provisions of the Maharashtra Agricultural Produce Marketing (Development and Regulations) Act 1963 (hereinafter referred as the "Act of 1963" for the sake of brevity). The voters list was published on … ............. 2. ............. 14. Election and term of office of members : (1) Subject to the provisions of sub-section (2), the members shall be elected in the manner prescribed by rules. Such rules may provide also for the

Prakash Corporates Vs. Dee Vee Projects Limited

Court : Supreme Court of India

Subject : Land Acquisition

provided for exclusion of the period from 15.03.2020 till 02.10.2021. A look at the scheme of the Limitation Act, 1963 makes it 9 To complete the scenario, we may indicate in the passing that even after we had … Section 12-A of the Commercial Courts Act, 2015, which prescribes the time limit for completing the process of compulsory pre- litigation mediation and directed that the said time limit would also stand extended from time to time … & Criminal)7) Motor Accident Claim Cases8) Matters relating to payment of amount deposited in respect of Motor Accident Claim Cases9) Matters under Section 125 of … SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(s). 1318 of 2022 (Arising out of SLP(C) Nos. 13751 of 2021) PRAKASH CORPORATES ……. APPELLANT(S)

Commissioner of Income Tax Vs. Smt. Laxmidevi Ratani and ors.

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(14), 2(47) and 256(2); Transfer of Property Act, 1882 - Sections 6, 53A, 54 and 269UA; Specific Relief Act, 1963 - Sections 15

Reported in : (2005)198CTR(MP)336; [2008]296ITR363(MP)

Central Government;(v) Special Bearer Bonds, 1991, issued by the Central Government;(vi) Gold Deposit Bonds issued under the Gold Deposit Scheme, 1999 notified by the Central Government;Section 2(47)--'transfer', in relation to a capital asset, includes,--(i) the sale, exchange or … of the asset; or(ii) the extinguishment of any rights therein; or(iii) the compulsory acquisition thereof under any law; or(iv) in a case where the asset … capable of specific performance and is also assignable, and he referred to Section 15 of the Specific Relief Act, 1963. Therefore, according to Shri Wadhera a right to obtain conveyance of immovable property is clearly a 'property' as

Tata Engineering and Locomotive Company Ltd. and Etc. Vs. State of Bih ...

Court : Patna

Subject : Motor Vehicles

Acts : Bihar Motro Vehicles Taxation Act, 1994 - Sections 5 and 6; Motor Vehicles Rules, 1989 - Rules 4, 33, 35, 39 and 41; Constitution of India - Articles 14, 244, 245, 246, 301, 302 and 304; Motor Vehicles Act, 1939 - Sections 2(16); Motor Vehicles Act, 1988 - Sections 39

purpose. 9. It will thus appear that the Central Act provides for compulsory registration of all motor vehicles which are driven in any public place … totally unworkable, and there is no mechanism or scheme for its applicability to a manufacturer. (iv) Even … Act, 1939, as amended by Act 100 of 1956 was incorporated by reference in the Kerala Motor Vehicles Act, 1963, and therefore, the definition of 'motor vehicles' after its amendment by Act 100 pf 1956 applied. Another question … the original and duplicate copy of the pay-in-slip duly receipted to the depositor and send the statement of deposits to the Taxing Officer on the … : 'Mechanically propelled vehicles including the principles on which taxes on such vehicles are to be levied.' Under Section 2(8) of the State Act. the definition of 'dealer' as it originally stood and which is relevant, was as