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

Court : Mumbai

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 … and Rs. 14,65,279 for the assessment year 1967-68 either under Section 36(l)(iii) or under Section 37 or under Section 28 while computing the income from business ? 8. Whether, on the facts and in the circumstances of the

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

Court : Supreme Court of India

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

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 … Acts Section 11(14) of the Indian Finance Act, 1946, made the amount of excess profits tax repaid under Section 28 of the U.K. Finance Act, 1941, 'income ' for the purpose of the Indian Income-tax Act, and further

Commissioner of Income-tax (Central) Vs. Assam Co. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961; ;Income Tax Act, 1922; ;Finance Act, 1946 - Section 11, 11(11) and 11(14); ;General Clauses Act, 1897 - Section 8

Reported in : [1980]124ITR711(Cal)

and super-tax the profits and gains of any business, the amount of any repayment under Sub-section (1) of Section 28 of the Finance Act, 1941 (4 & 5 Geo 6 c. 30), as amended by Section 37 of … taxed in India on its United Kingdom income. The ITO invoked the provisions of Section 11 of the Finance Act, 1946, which provided that the excess profits tax refund was to be deemed as income for the purposes … any reference to the Limitation Act, 1908, after its repeal should be read as reference to the Limitation Act, 1963, in the City Civil Courts Act, 1953. In the case of New Central Jute Mills Co. Ltd. v.

Unit Trust of India, Mumbai and anr. Vs. P.K. Unny and ors.

Court : Mumbai

Subject : Direct Taxation

Acts : Interest Tax Act, 1974 - Sections 2, 2(5), 2(7), 3(1), 3(1C), 3(2), 4, 4(1), 4(2), 5, 6, 6(2), 7, 9, 9(1), 10, 10A, 18, 21, 26C, 28 and 119; Income-tax Act, 1961 - Sections 2(7A), 2(24), 2(28A), 2(45), 4, 5, 5A, 14, 15, 16, 24, 40, 43D, 44, 44AD, 44D, 115J, 116, 119 and 147; Companies Act, 1956 - Sections 4A; Finance Act, 1991; State Financial Corporations Act; Finance Act, 1988; Hotel Receipts Tax Act, 1980; Finance Act, 1980; Unit Trust of India Act, 1963 - Sections 9(2),19(1)(3), 19(3), 21, 22 to 25B, 25B(1) and 25B(2), 32, 32(1) and 52; Direct Tax Laws (Amendment) Act, 1987; Finance Act, 2000; Unite Trust of India (Amendment) Act, 1966 - Sections 2(1); Wealth Tax Act, 1957; Super Profit-tax Act, 1963; Companies (Profit) Surtax Act, 1964; Rent Control Act; Public Premises

Reported in : 2001(3)BomCR673; 2002(1)MhLj301

empowered to specify any other Institution, as it may think fit, to be a public Financial Institution. The Finance Act (No. 2) of 1991 came into force on and from 1st October 1991. Therefore, upto 1st October, 1991 … accruing to UTI from loans advanced by it stands exempted in view of Section 22 of the UTI Act, 1963? B. If the answer to question No. A is in the negative then whether Communication dated 29-1-2001 withdrawing … dated 11th October, 1991 was in violation of provisions of the Interest Tax Act. He further contended that Section 28 of the Interest Tax Act gives power to the Central Government to give exemption in public interest to

Delhi High Court Bar Association and Another, Etc. Vs. Union of India ... Overruled

Court : Delhi

Subject : Banking

Acts : Constitution of India - Articles 14, 37, 42, 43, 50, 76, 123(3), 124 - 146, 136, 217(2), 226, 227, 233, 233(2), 264-231, 309, 311, 323A, 323B, 329-A, 245 and 248; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 1, 2, 3 and 19;Constitution of Tribunal outside - Sections 3, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 17, 18, 19, 20, 21, 22, 25, 26, 27, 28, 30 and 31 - Articles 323A and 323B; Banking Regulation Act, 1949 - Sections 5 and 6; Companies Act, 1956 - Sections 4A; Indian Companies Act, 1913; Industrial Finance Corporation Act, 1948 - Sections 3; Industrial Development Bank of India Act, 1964 - Sections 3; Life Insurance Corporation Act, 1956 - Sections 3; Unit Trust of India Act, 1963 - Sections 3; Limitation Act, 1963 - Sections 24; Se

Reported in : 1995IAD(Delhi)1238; AIR1995Delhi323; II(1995)BC42; [1998]92CompCas849(Delhi)

5 July, 1994 issued by the Central Government in the Ministry of Finance, Department of Economic Affairs, Banking Division, whereby, under S. 3 of the … of 1956); (v) the Unit Trust of India, established under Section 3 of the Unit Trust of India Act, 1963 (52 of 1963); (2) Subject to the provisions of sub-section (1), the Central Government may, by notification in … such appeal has become final and conclusive, amend the certificate or withdraws it, as the case may be.'20. Section 28 provides for other modes of recovery which as without prejudice to the modes specified in Section 25.21. Section

B. Sankappa Rai and ors. Vs. Central Registrar of Co-operative Societi ...

Court : Karnataka

Subject : CivilElection

Acts : Multi State Co-operative Socities Act, 2002 - Sections 16, 28 and 84(2); Constitution of India - Articles 226 and 227

Reported in : ILR2004KAR4298; 2004(7)KarLJ330

: [1970]75ITR174(SC) , wherein it has after interpretation of Section 2(44)(ii) ( as substituted by Section 4 of Finance Act, 1963) has clearly held that by issuing the notification in exercise of the powers conferred under the said provisions, … also contended by the learned Counsel on behalf of the Society and the contesting respondents' that as per Section 28 of the Act 2002, no member of 'C' category of the Multi State Co-operative society shall exercise his/her

P.M. Abraham and ors. Vs. Deputy Commissioner of Commercial Taxes and ...

Court : Kerala

Subject : Sales Tax/VAT

Acts : Kerala General Sales Tax Act, 1963 - Sections 14A, 28 and 28(4); Kerala Finance Act, 1998; Central Sales Tax Act, 1956 - Sections 9(2)

Reported in : (2008)11VST84(Ker)

Sales Tax Act, 1963 (for short 'the Act') as introduced with effect from April 1,1998 by the Kerala Finance Act, 1998 (Act No. 14 of 1998). The Deputy Commissioner of the respective Districts has passed orders suspending the … had caused obstruction in the matter of conduct of inspection/search by the Sales Tax Department as provided in Section 28(4) of the KGST Act as also under Section 9(2) of the CST Act read with Section 14A of

State of Kerala Vs. Alex George and anr. Etc.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Kerala Finance Act, 1987 - Sections 1(2) and 3(2); Kerala Plantations Tax Act, 1960 - Sections 2(9), 3, 3(1), 3(3), 4(2), 5, 6A, 8, 9, 9A, 13, 14 and 27; State Finance Act, 1987; Kerala Plantations (Additional Tax) Rules, 1960 - Rule 16; Kerala Plantations (Additional Tax) Amendment Act, 1967; Kerala General Sales Tax Act, 1963; Kerala Motor Vehicles Taxation Act, 1976; Central Excise Act, 1944

Reported in : (2004)192CTR(SC)581; [2004]271ITR290(SC); JT2004(10)SC104; 2005(1)KLT164(SC); 2004(9)SCALE545; (2005)1SCC299

dated 28.8.1998 raises the question as to the true scope and operation of Section 1(2) of the Kerala Finance Act, 18 of 1987 substituting Schedule-I to the Kerala Plantations Tax Act 1960 w.e.f. 1.7.1987.2. Since the aforestated question … 1987 and it will not apply to the amendments to other enactments, namely, the Kerala General Sales Tax Act, 1963 and the Kerala Motor Vehicles Taxation Act, 1976.29. In the result, the appeals fail and are dismissed, with

Mather and Company Pvt. Ltd., Kochi, Rep. by Its Managing Director K.M ...

Court : Kerala

Subject : Sales Tax

Reported in : 2012(3)KLT41(SN)(C.No.43)

Section 8(a) (iiii) of the Kerala Value Added Tax Act, 2003 (hereinafter referred to as ‘Act’) by the Finance Act 2007 (Act 15/2007) published in the official gazette of the State of Kerala dated 28.07.2007, taking away the … in accordance with the provisions of sub section (7) or sub-section (7A) of Section 7 of the KGST Act, 1963 (15 of 1963) could continue to pay tax in respect of the transfer of goods involved in the

Gulmali Amrullah Babul and Others Vs. Shabbir Salebhai Mahimwala and O ...

Court : Mumbai

Subject : Arbitration

claimant agreed to be inducted as a partner in the said firm in lieu of the claimant getting finance to renovate the said suit premises which stood damaged in fire on 21st May 2001 and to restart … an application under section 17 of the Arbitration Act in accordance with substantive law which includes Specific Relief Act, 1963 in view of section 28(1) (a) of the Arbitration Act. The learned arbitrator could not have granted any