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Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Subject : ExciseCustoms

Acts : Indian Tariff Act, 1936 - Sections 2, 2A, 2A(1) and 2A(2); Customs Act, 1962 - Sections 2, 12(1), 25, 25(1), 27, 27(1), 128 and 131; Finance Act, 1965 - Sections 26(1), 76(1) and 77; Constitution of India (Fifteenth Amendment) Act, 1963 - Sections 8; Sea Customs Act - Sections 23; Finance Act, 1964 - Sections 57(1); Central Excise Act, 1944; Finance Act, 1960; Indian Tariff Act, 1934; Central Excise (Conversion to Metric Units) Act, 1968; Finance Act, 1969; Evidence Act - Sections 106; Limitation Act, 1963 - Sections 17(1); Limitation Act, 1908 - Schedule - Articles 24, 62 and 96; Constitution of India - Articles 19, 32, 136, 226 and 226(1A); Contract Act - Sections 72; Orissa Sales Tax Act - Sections 4, 14 and 19; Uttar Pradesh Sales Tax Act; Code of Civil Procedure (CPC) - Sectio

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

Excises and Salt Act, 1944 (hereinafter to be referred to as 'the Excise Act') as amened by the Finance Act, 1960 contained item No. 33. Item No. 33(a) mentioned aluminium in any form including ingots, bars, blocks, slabs, billets, … the respondents are extra cted below :'Notification No. 30-Cus., dated 10-3-62 :-In exercise of the powers conferred by Section 23 of the Sea Customs Act, 1878 (8 of 1878), as in force in India and as applied to

Arvind N. Mafatlal Vs. T.A. Balakrishnan, Deputy Controller of Estate ...

Court : Mumbai

Subject : Direct Taxation

Acts : Estate Duty (Amendment) Act, 1958 - Sections 53, 59 and 62; Estate Duty (Controlled Companies) Rules, 1953 - Rule 15; Income Tax Act

Reported in : [1968]67ITR449(Bom)

merely to determine the two outstanding assessments, but also to certify whether under section 58 (5) of the Finance Act 1960, that the tax charged by the assessments for the years 1943-44 to 1953-54, should carry interest or not. … Act 48 of 1948, but before its subsequent amendment. In that case the assessee had been assessed under section 23 (3) of the Income-tax Act for the years 1942-43, 1943-44, and 1944-45, but on 28th March, 1951, the

Virtual Soft Systems Ltd. Vs. Commissioner of Income Tax, Delhi-i

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28(1), 48, 143, 143(1), 143(1A), 260A, 271 and 271(1); Finance Act, 1975; Finance Act, 2002 - Sections 271; Taxation Laws (Amendment) Act, 1975; Finance Act, 1993; Finance Act, 1992; Finance Act, 1951; Income Tax Act, 1922 - Sections 23(5), 28 and 28(1); Constitution of India - Article 20(1)

Reported in : (2007)207CTR(SC)733; [2007]289ITR83(SC); JT2007(3)SC125; 2007(2)SCALE612; (2007)9SCC665

the Punjab and Haryana High Court pertaining to the assessment year 1970-71 was prior to the amendment of Finance Act, 1975 and therefore, was not applicable. For the same reason, the decision of this Court in affirming the … Court of Delhi against the order passed by the Income Tax Appellate Tribunal (for short 'the Tribunal') under Section 260A of the Income Tax Act. Assessee also filed ITA No. of 2004 being aggrieved against a part … said case, this Court proceeded specifically on the footing that under section 23(5) of the 1922 Act, a registered firm was liable to pay tax

Shaik Md. Shaffi Barry Vs. Income-tax Officer, d Ward Calcutta, and An ...

Court : Kolkata

Subject : Direct Taxation

Reported in : [1967]64ITR464(Cal)

On this basis the tax was calculated at the maximum rate and the maximum rate prescribed by the Finance Act, 1960, was 25 per cent.Mr. Mukherjee next argued that in regard to the assessments for the years 1959-60, 1960-61 … estate for those years. Pursuant to this direction of the Appellate Assistant Commissioner, separate assessments were made under section 23 (3) of the Income-tax Act, 1922 (hereinafter referred to as the Act), for the income arising from the

Pallonji Shapoorji and Co. (P) Vs. Deputy Commissioner of Wealth Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (2006)102ITD101(Mum.)

be owner of the property in terms of Section 22 r/w Section 27 of the IT Act, 1961.40. Finance Act, 1960 (No. 13 of 1960), Section 13 states that "notwithstanding anything contained in the Wealth-tax Act, 1957 (27 of … person whose application for membership has been accepted by the society, or to a person whose appeal under Section 23 of the Act has been allowed by the Registrar, or to a person who is deemed to be

Yercaud Coffee Curing Works Ltd. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23A; Finance (No. 2) Act, 1957; General Clauses Act, 1897

Reported in : [1978]111ITR787(Mad)

by the holders to other members of the public.' Section 23A(1) as it stood after amendment by the Finance Act, 1955. '23A. Power to assess companies to super-tax on undistributed income in certain cases.--(1) Subject to the provisions … company shall, apart from the sum determined as payable by it on the basis of the assessment under Section 23 be liable to pay super-tax at the rate of four annas in the rupee on the undistributed balance … law in holding in respect of the assessment years 1956-57, 1959-60 and 1960-61 that the assessee-company was not a company in whieh the public were

The Commissioner of Income-tax, M.P., Nagpur and Bhandara Vs. Parmanan ...

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Finance Act, 1960 - Sections 2(6); Income Tax Act, 1922 - Sections 2(6AA), 14(2) and 16(1)

Reported in : AIR1978MP80; [1979]119ITR219(MP); 1978MPLJ355

in the case of each partner by including the special surcharge of Rs 32,400 in accordance with the Finance Act, 1960 (Act No. 13 of 1960). On behalf of the assessee it had been contended that the exemption granted … company, a local authority, a registered firm or a firm assessed under clause (b) of Sub-Section (5) of Section 23--* * * *and includes any such income which, though it is the income of another person, is included

Raymon Engineering Works Vs. the Union of India Through Ministry of In ...

Court : Delhi

Subject : Company

Acts : Companies Act, 1956 - Sections 269

Reported in : ILR1969Delhi564

that the Chairman of the Board had discussed the matter with the Finance Minister and that he had agreed to Shri Ray being appointed as … private company which is a subsidiary of a public company, incorporated after the commencement of the companies (Amendment) Act 1960 (65 of 1960), the appointment of a person as a managing or whole-time director for the first time … into Act and received the assent of the President of India coming into force on the 20th December, 1960. SECTION 269 of the Act of 1956 reads as follows:-'APPOINTMENT of managing or whole-time director to require Government approval: … same having been purchased for 31/2 Lakhs by the Managing Agents-company.(7) On 23rd September, 1963 an application was made, in accordance with section 269 of

Commissioner of Income-tax, Gujarat Vs. Kantilal Nathuchand

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 23(5), 24(1) and 24(2)

Reported in : [1964]53ITR420(Guj)

of some importance particularly having regard to the fact that after the amendment of section 23(5)(a) by the Finance Act, 1956, a registered firm is now assessable to income-tax on its total income at specially low rates if … of three partners. The assessee was granted registration under section 26A for the assessment years 1958-59, 1959-60 and 1960-61, the corresponding previous years being Samvat years 2013, 2014 and 2015. The assessee during the accounting years, Samvat

JaIn Bros. and ors. Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 2(2), 3, 22, 22(2), 23, 23(5) and 26A; Finance Act, 1956 - Sections 14, 14(1), 14(2), 14(3), 14(4) and 23(5); Income Tax Act, 1961 - Sections 271, 271(1), 271(2), 274, 274(1), 275, 276 and 297(2); General Clauses Act - Sections 3(42); Payment of Bonus Act, 1965 - Sections 33

Reported in : AIR1970SC778; [1970]77ITR107(SC); (1969)3SCC311; [1970]3SCR253

computing the total income of the firm at Rs. 4,75,368. In view of the amendment made by the Finance Act of 1956 in Section 23(5) of the Act of 1922 the tax payable by the firm as also … 26A of the Indian Income Tax Act, 1922. Appellants 2 to 5 are its partneRs. On May 26, 1960, a notice under Section 22(2) of that Act was served on the firm calling upon it to submit