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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 … v. Commissioner of Income-tax, [1943] 11 I.T.R.259 (Nag.) and Commissioner of Income-tax v. Valiram Bherumal, [1946] 14 I.T.R. 407 (Sind.) These decisions were concerned with the question about the deductions to be made from the income under

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Mar 21 1966

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

Court : Karnataka

Decided on : Mar-21-1966

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)

certain proportion of his residual in come. The expression 'residual income' was defined by section 2 of the Finance Act, 1963 (Act No. XIII of 1963). 3. We are not concerned with the other parts of section 4, such

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Jul 28 1969

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

Court : Supreme Court of India

Decided on : Jul-28-1969

Subject : Direct TaxationConstitution

Acts : Finance Act, 1963 - Sections 4; Income Tax Act, 1961 - Sections 2(44)

Reported in : AIR1970SC385; [1970]75ITR174(SC); (1969)2SCC351; [1970]1SCR678

by notification in the Official Gazette, to exercise the powers of a Tax Recovery Officer.Section 4 of the Finance Act, 1963 substituted a new definition for the original definition of Tax Recovery Officer. It was provided that the new

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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

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Dec 21 1994

Asis Kumar Maity and Others Vs. State of West Bengal and Others

Court : Kolkata

Decided on : Dec-21-1994

Subject : Constitution

Acts : Constitution of India - Articles 14 to 18, 29, 46, 162, 226, 309, 340 and 342;; West Bengal Medicial and Dental Colleges (Regulation and Admission) Act, 1973;; West Bengal Medical and Dental Colleges (Regulation and Admission) (Amendment) Act, 1977;; Finance Act, 1963 - Section 4;; Constitution (First Amendment) Act, 1951

Reported in : AIR1995Cal160

he considered whether by saying that the new definition of 'Tax Recovery Officer' substituted by S.4 of the Finance Act, 1963 'shall be and shall be deemed always to have been substituted' it could be said that by necessary … of which have a definite signification. The exercise of the power under sub-clause (ii) of clause (44) of Section 2 of the Act is more of an executive than a legislative act. It becomes, therefore, all the

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Aug 11 1981

Bejgam Veeranna, Venkata Narasimhulu and ors. Vs. State of Andhra Prad ...

Court : Andhra Pradesh

Decided on : Aug-11-1981

Subject : Commercial

Acts : Essential Commodities Act, 1955 - Sections 3, 3(3-B), 3(5-A), 5 and 7; Andhra Pradesh Rice (Procurement & Ex-Mill) Prices Order, 1975; Evidence Act, 1872 - Sections 115; Public Law; Price Control Order, 1975; Andhra Pradesh Rice (Procurement & Ex-Mill) Prices Order, 1974 - Sections 3(2); Andhra Pradesh Paddy Procurement (Levy) Order, 1972; Andhra Pradesh Paddy (Procurement Prices) (Amendment) Order, 1974; Andhra Pradesh Rice (Procurement Levy) and Restriction on Sale Order, 1967; Constitution of India - Article 226; Finance Act, 1963 - Sections 4; Income-tax Act, 1961; Statute Law

Reported in : AIR1981AP350

executive in another and therefore derivative and limited. In the Income-tax Officer's case, (supra), Section 4 of the Finance Act, 1963 substituted a new definition for the original definition of Tax Recovery Officer' in the Income-tax Act, 1961 and

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Jul 05 2004

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

Court : Karnataka

Decided on : Jul-05-2004

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,

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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 … in addition to the income-tax and super-tax. He first referred to the charging sections in the Income-tax Act. Section 4 charges income-tax and it reads as follows:' 4. Charge of income-tax -- (1) Where any Central Act enacts

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Mar 30 1976

State of Tamil Nadu Vs. N.K. Venkataravanamma and ors.

Court : Chennai

Decided on : Mar-30-1976

Subject : Property

Acts : Indian Stamp Act, 1899 - Sections 57 - Schedule - Article 40; City Municipal Corporation Act, 1919 - Sections 98 and 135; Finance Act, 1963 - Sections 2(8); Madras Local Revenue (Surcharge) Act, 1954; Income-tax Act - Sections 4 and 81

Reported in : AIR1977Mad47

of the City Municipal Corporation Act. The court concluded by observing thus-"The interpretation put by us on the Finance Act, 1963, does no violence to Section 4 of the Income-tax 1961, under which income-tax at the rates prescribed by

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Oct 06 1965

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

Court : Supreme Court of India

Decided on : Oct-06-1965

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

law relating to income-tax and super-tax. The Act came into force on April 1, 1962. The Parliament enacted Finance Act 5 of 1964 to give effect to the financial proposals of the Central Government for the financial year … 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 … 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 … guaranteed by Art. 14 of the Constitution. 2. The Indian Income-tax Act 43 of 1961 was enacted by the Parliament to consolidate and amend the

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