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May 21 1971

Allahabad District Co-operative Bank Ltd. Vs. Union of India (Uoi) and ...

Court : Allahabad

Decided on : May-21-1971

Subject : Direct Taxation

Acts : Constitution of India - Articles 270 and 271; Income Tax Act, 1961 - Sections 3, 4, 81 and 110; Finance Act, 1963 - Sections 2 and 3

Reported in : [1972]83ITR895(All)

It is in pursuance of this provision that the Central Legislature enacts Finance Acts from time to time. Section 2 of the Finance Act of 1963, which is the relevant Finance Act for our purposes, provides for the … of demand for a sum of Rs. 8,010.09 as additional surcharge computed under Section 3 of the Indian Finance Act, 1963. The petitioner complains thatthe notice of demand was not accompanied by the order of the Income-tax Officer, rectifying

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Dec 08 1994

Commissioner of Income-tax Vs. Swadeshi Mills Co. Ltd.

Court : Mumbai

Decided on : Dec-08-1994

Subject : Direct Taxation

Acts : Determination of Export Profits Rules, 1963; Finance Act, 1963 - Sections 2; Income Tax Determination of Export Profits Rules, 1963 - Rule 2

Reported in : [1995]215ITR229(Bom)

the case, the assessee was entitled to export profits rebate, as provided for in section 2(5)(i) of the Finance Act, 1963, read with the rule 2(3) of the Income-tax (Determination of Export Profits) Rules, 1963 ?' 2. The material

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Nov 19 1971

Commissioner of Income-tax Vs. Indo-marine Agencies

Court : Kerala

Decided on : Nov-19-1971

Subject : Direct Taxation

Acts : Finance Act, 1963 - Sections 2(5); Income Tax Act, 1922

Reported in : [1973]87ITR41(Ker)

1963. The export profit rebate is allowable under Clause (i) of Sub-section (5) of Section 2 of the Finance Act, 1963. That clause runs as follows :' (5) In respect of any assessment for the assessment year commencing on

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Nov 01 1976

Additional Commissioner of Income-tax Vs. Gordon Woodroffe and Co. (Ma ...

Court : Chennai

Decided on : Nov-01-1976

Subject : Direct Taxation

Acts : Finance Act 1963, 1964, 1965, 1966 and 1967 - Sections 2(5)

Reported in : [1977]110ITR880(Mad)

1966-67 was claimed by the assessee as export profits entitled for the rebate under Section 2(5)(i) of the Finance Act, 1963, and Section 2(5)(a)(i) of the subsequent Finance Acts. The Income-tax Officer, while accepting the explanation of the assessee

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Nov 02 1998

Commissioner of Income-tax Vs. Gwalior Rayon Silk Manufacturing (Weavi ...

Court : Mumbai

Decided on : Nov-02-1998

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28, 36(1), 37 and 80E; Finance Act, 1963 - Sections 2(5); Companies (Profits) Surtax Act, 1964

Reported in : [1999]237ITR253(Bom)

of yarn entitlement should be included in the total turnover for the purposes of Section 2(5)(a)(i) of the Finance Act, 1963, has been decided in favour of the Revenue by the decision dated March 17, 1993, of this court

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Jul 28 1975

Madurai District Central Co-operative Bank Ltd. Vs. Third Income-tax O ...

Court : Supreme Court of India

Decided on : Jul-28-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 81 and 110; Finance Act, 1963 - Sections 2(1), 2(3), 2(5) and 2(8)

Reported in : [1975]101ITR24(SC); (1975)2SCC454; AIR 1975 SC 2016

the First Schedule, and Clause (c) of that portion of Part I, called ' Surcharges on income-tax '7. Section 2(1)(a) of the Finance Act, 1963, provides that :2. Income-tax and super-tax.-(1) Subject to the provisions of Sub-sections (2), … rate the income was taken at Rs. 9,48,335 in view of Section 110 of the Act. Applying the Finance Act, 1963 (XIII of 1963), the respondent computed the residual income of the appellant at Rs. 5,39,386 and levied on

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Mar 21 2007

Federal Bank Ltd. and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Mar-21-2007

Subject : Sales Tax

Acts : Kerala General Sales Tax Act, 1963 - Sections 2 and 5; Kerala Finance Act, 1998; Companies Act, 1956 - Sections 210(3); Sale of Goods Act, 1930 - Sections 4; Contract Act, 1872 - Sections 176; Constitution of India - Articles 14 and 19; Banking Companies Act, 1949 - Sections 2, 5, 6, 6(1), 8 and 29; Central Sales Tax Act, 1956 - Sections 2

Reported in : [2007]137CompCas44(SC); 2007(2)CTC848; JT2007(5)SC91; 2007(3)KLT106(SC); 2007(4)SCALE613; (2007)4SCC188; (2007)6VST736(SC); 2007AIRSCW2411

of 2003 filed by Federal Bank Ltd. and Ors. v. State of Kerala and Ors.2. By the Kerala Finance Act, 1998 a Clause (g) was inserted in Section 2(viii) by which the definition of the word 'dealer' was … is: whether banks are 'dealers' under Section 2(viii) read with Explanation I of the Kerala General Sales Tax Act, 1963. Since common question of law arises in both the civil appeals, they are heard together and disposed of

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Sep 19 1968

K. Srinivasan, A.V. Thomas and Co. Ltd., Alleppey Vs. Commissioner of ...

Court : Kerala

Decided on : Sep-19-1968

Subject : Direct Taxation

Acts : Finance Act, 1964 - Sections 2; Finance Act, 1963 - Sections 2(2); Constitution of India - Articles 270 and 271

Reported in : AIR1969Ker300; [1969]73ITR275(Ker)

portion of the total income shall be the proportionate amount payable according to the rates provided in the Finance Act 1963. Under the Finance Act 1963, income-tax shall be increased by a surcharge, special surcharge and additional surcharge, while … the application of the assessee. The question referred is:'Whether the words 'income-tax' In the Finance Act, 1964 in Sub-section (2) (a) and Sub-section 2 (b) of Section 2 of the Finance Act 1964 would include surcharge and additional

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Jun 18 1965

The Income-tax Officer, Alleppey Vs. M.C. Ponnoose and ors.

Court : Kerala

Decided on : Jun-18-1965

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(44); Finance Act, 1963 - Sections 4; Constitution of India - Article 245

Reported in : AIR1966Ker5; [1967]64ITR117(Ker)

in the Official Gazette, to exercise the powers of a Tax Recovery Officer'. 3. Section 4 of the Finance Act, 1963, substituted a new definition for the definition extracted above and directed that the new definition 'shall be and … both the original petitions, is the appellant before us.2. The Income-tax Act, 1961, came into force on 1-4-1962 Section 2(44) of that Act defined the expression 'Tax Recovery Officer' as follows:'Tax Recovery Officer' means- (i) A Collector; (ii)

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Feb 15 2002

Escotal Mobile Communications Ltd. Vs. Union of India (Uoi) and ors.

Court : Kerala

Decided on : Feb-15-2002

Subject : Sales TaxService Tax

Acts : Finance Act, 1994 - Sections 65(72) and 67; Kerala General Sales Tax Act, 1963 - Sections 2; Constitution of India - Article 248

Reported in : [2002]126STC475(Ker); 2006[2]STR567

gross value of service charges and that it had duly, complied with the law, both KGST Act and Finance Act.6. In the meanwhile, the Central Board of Excise and Customs, issued circular No. 23/3/97 dated October 13, 1997 … within the State of Kerala, it pays 12 per cent sales tax under the Kerala General Sales Tax Act, 1963 (hereinafter referred to as 'the KGST Act'). According to the petitioner, the sale of the instrument and the … SIM card is concerned, there cannot be any doubt that it amounts to 'sale' within the meaning of Section 2(xxi) of the KGST Act as there is transfer of property in the goods, i.e., SIM card, by the

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