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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 … cannot be said to be violative of Article 271 of the Constitution 6. The next question to be considered whether Additional Surcharge or additional tax … and at another 'addtional Surcharge' in the present case, the in come-tax Officer determined the tax payable under Section 210 of the Indian Income-tax Act. 1961 (hereinafter referred to as the Act) for the payment of Rs.

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 … fifty per cent. of the amount saved by not making the deposit. 6. The petitioner submits that the scheme of annuity deposit incorporated in Ch. … the Second Schedule.' 3. By s. 44 of the Finance Act, Ch. XXII-A relating to annuity deposit containing Sections 280-A to 280-X was introduced into the Income-tax Act. By that chapter taxpayers of certain categories are required

Commissioner of Income-tax Vs. V.V.S. Sarma and anr.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 3; Pondicherry (Taxation Concessions) Order, 1964; Taxation Laws (Extension to Union Territories) Regulation, 1963; Finance Act

Reported in : [1977]110ITR778(Mad)

additional surcharge on residual income was computed on the amount of additional surcharge after deducting the amount of compulsory deposit paid under the Compulsory Deposit (Income-tax Payers) Scheme, 1963. Both the assessees preferred appeals before the Appellate Assistant … V. Ramaswami, J.1. The Income-tax Act, 1961, was extended to the Union Territory of Pondicherry by the Taxation Laws (Extension to Union Territories) Regulation … French law and some had not suffered the tax. The Regulation inserted Section 294A conferring power on the Central Government, if it considered it necessary … While computing the tax payable, the Income-tax Officer gave a deduction of 60 per cent. of the tax as concession under paragraph 8 of the

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 … respect of all the individuals and HUFs, trustees, etc. (except individuals above 65).As the preamble to the CDS Act shows, the scheme is devised in

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 … the senior counsel. The respondent raised an objection but, the Trial Court 6 granted another opportunity on costs of Rs. 200/-; and the appellant was … & 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

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 … and Section 2(47) of the IT Act coupled with the provisions of Transfer of Property Act contained in Section 6 and Section 54 ibid and the cases relied upon held as under:'Having regard to the statutory provisions and

Cit Vs. Smt. Laxmidevi Natani

Court : Madhya Pradesh

Subject : Direct Taxation

Reported in : (2006)198CTR(MP)336

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 … 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 … section 2(47) of the Income Tax Act coupled with the provisions of Transfer of Property Act contained in section 6 and section 54 ibid and the cases relied upon held as under:'Having regard to the statutory provisions and

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 … 'asset' within the meaning of section 2(e) of the Wealth-tax Act, 1957. 6. In the premises, we answer question No. 2 referred to us in

J.L. Morrison India Ltd., a Company Incorporated Under the Companies A ...

Court : Mumbai

Subject : Service

Acts : Payment of Gratuity Act, 1972 - Sections 7, 7B, 7(4), 7(7) and 8; Limitation Act, 1963 - Sections 1, 2A, 3, 4 to 24 and 29(2); Code of Civil Procedure (CPC) , 1908 - Sections 100A - Order 21; Code of Civil Procedure (CPC) (Amendment), 2002; Arbitration and Conciliation Act, 1996 - Sections 34 and 34(3); Representation of the People Act, 1951; Uttar Pradesh Sales Tax Act, 1948 - Sections 10 and 10(3B); Andhra Pradesh (Telengana Area) Tenancy and Agricultural Lands Act, 1950 - Sections 93; Limitation Act, 1908; Employees' Provident Fund and Miscellaneous Provisions Act, 1952; Gujarat Co-operative Societies Act, 1961; Tamil Nadu Revenue Recovery Act, 1864; Tamil Nadu Shops and Establishment Act, 1947 - Sections 41; Bombay Public Trust Act, 1950; Contempt of Courts Act, 1971; Kerala Rent Co

Reported in : 2007(6)ALLMR358; 2007(5)BomCR654; (2007)109BOMLR1731; [2007(115)FLR761]; (2008)ILLJ775Bom; 2007(6)MhLj393

Act. The Section 4A deals with the obligation of the employer regarding compulsory insurance for discharge of the liability of payment of gratuity. The Section … the Legislature from providing fetters on such right to appeal. Pre-condition of deposit of either the entire amount or of the specified percentage of the … said Act. We will have to examine the scheme of the said Act and to ascertain whether … Authority, even then it does not exclude the applicability of the provisions of Section 5 of the Limitation Act, 1963 to such proceedings. The said Act is a special Act. Besides, the Appellate Authority is a Court within … establishment, factory, mine, oilfield, plantation, port, railway company or shop from the applicability of the said Act. The Section 6 empowers the employees to appoint their respective nominees to collect the gratuity amount.10. The method of determination and

Smt. Veena Devi Singhania Vs. Commissioner of Wealth-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957; ;Compulsory Deposit Scheme (I.T. Payers) Act, 1974

Reported in : [1994]210ITR967(Cal)

in the circumstances of the case, the Tribunal was justified in holding that the compulsory deposit in the Compulsory Deposit Scheme (Income-tax Payers) Account under the Compulsory Deposit Scheme (Income-tax Payers) Act, 1974, was to be taken into consideration … stated in these notes that, where immovable property is valued by an approved valuer, the valuation made for 1963-69 assessment will be acceptable for the next two years also with such adjustments as may be considered necessary … Ajit K. Sengupta, J. 1. In this reference under Section 27(1) of the Wealth-tax Act, 1957, the following questions of law have … the Tribunal was correct in holding that the Circular No. F. No. 6/8/68-W. T. dated September 20, 1968, cannot affect the valuation for the assessment