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Collector of Central Excise Vs. Mihir Textiles Ltd.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Subject : Excise

Reported in : (1990)(30)LC491Tri(Mum.)bai

Rules 9 and 49 and retrospective validity of the said amendment brought out by Sec. 51 of the Finance Act, are valid. However, the Supreme Court did not accept the contention of the Learned Attorney General that the … doctrine of tracing the power. He also referred to the judgment of the Supreme Court reported in AIR 1964 SC 358 in the State of U.P. v. Singhara Singh & Ors., a photo copy of which was … 51(2)(d) of the Finance Act, 1982, were so issued under the aforesaid Section of the Finance Act and if so, they are not valid notices

Commissioner of Income Tax Vs. Gotan Lime Stone Khanij Udhyog

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 4, 43B, 45(1), 48 and 55(2); Rajasthan Land Tax Act

Reported in : (2004)186CTR(Raj)125; [2004]269ITR399(Raj)

this interpretation is CIT v. B.C. Srinivasa Setty : [1981]128ITR294(SC) .In order to overcome the judicial interpretation, the Finance Act, 1987, w.e.f. 1st April, 1988, has provided in Section 55(2)(a) that cost of acquisition in case of self- … of a certain case, be acquired without the payment of money. That kind of case is covered by Section 49 and its cost, for the purpose of Section 48, is determined in accordance with those provisions. There are

Assistant Controller of Estate Duty and ors. Vs. Prayag Dass Agarwal

Court : Supreme Court of India

Subject : Other Taxes

Acts : Estate Duty Act, 1953 - Sections 5(1), 35, 51, 52, 52(1), 52(3), 85 and 85(1); Constitution of India - Articles 136 and 226; Estate Duty Rules - Rule 18; Finance Act, 1910 - Sections 48, 56, 56(1) and 56(2); Direct Taxes (Amendment) Act, 1964 - Sections 52; Central Boards of Revenue Act, 1963 - Sections 2; Finance (Amendment) Act, 1946 - Sections 49, 50 and 51; Finance (Amendment) Act, 1949; Finance (Amendment) Act, 1975 - Sections 22

Reported in : AIR1981SC1263; (1981)22CTR(SC)118; [1981]129ITR404(SC); 1981(1)SCALE786; (1981)3SCC181; [1981]3SCR576; 1981(13)LC513(SC)

introduced into the Act, it was not accepted by the Indian Finance Minister. Section 49 of the British Finance Act 1946 (9 & 10 Geo 6 C. 64) provided that the Commissioners of Inland Revenue could accept any … 1870).9. Section 52 of the Act was substituted by a new Section 52 by the Direct Taxes (Amendment) Act, 1964. The new section reads thus :52. Payment of duty by transfer of property-(1) The Central Government may, on

Goculdas Dossa and Co. and Others Vs. J.P. Shah and Others

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act 1961 - Sections 2(24), 32, 32(1), 41, 41(2), 43, 43(6), 45, 46, 47, 48, 49, 50, 50(1), 50(2), 51, 52, 53, 54, 55, 55(1), 55(2) and 156

Reported in : 1995(1)BomCR546; (1994)119CTR(Bom)14; [1995]211ITR706(Bom); 1994(2)MhLj1466

46, means the fair market value of the asset on the date of distribution; (iv) (Omitted by the Finance Act, 1966, with effect from April 1, 1966); (v) where the capital asset, being a share or a stock … a factory at Pusad in District Yavatmal much prior to January 1, 1964. The building and land were sold by the assessee for Rs. 10 … that option since it had acquired the property voluntarily by purchase and not in the circumstances mentioned in section 49. The Income-tax Officer further held that the written down value of the said depreciable assets as adjusted, along

Hotel and Allied Trades (P.) Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 271 and 271(1)

Reported in : [1996]221ITR619(Ker)

assessment years in question. Section 271(1)(c) read with the Explanation as it stood after the amendment by the Finance Act, 1964, with effect from April 1, 1964, the relevant portion reads as follows :'271. Failure to furnish returns, comply … (SC), Viswakarma Industries v. CIT (1982) 135 ITR 652 (P&H)(FB), CIT v. K. R. Sadayappan (1990) 185 ITR 49 (SC) and CIT v. Jeevan Lal Sah (1994) 205 ITR 244 (SC) relied on. Application : Not to

Assistant Controller of Estate Duty Vs. Sitarama Udupa and ors.

Court : Karnataka

Subject : Direct Taxation

Acts : Estate Duty Act, 1953 - Sections 80; Income Tax Act, 1961 - Sections 137 and 280; Finance Act, 1964 - Sections 80

Reported in : [1965]58ITR38(KAR); [1965]58ITR38(Karn)

the respondent submitted that by the amendment of section 80 of the Estate Duty Act of 1953 and section 49 of the Finance Act of 1964, the embargo or the prohibition contained in the old section had been … case or the provision of section 80 of the Estate Duty Act which has been replaced by the Finance Act, 1964. 2. The learned advocate for the respondent argued that though the Finance Act, 1964, has come into force

D.S.M. Group of Industries and ors. Vs. State of U.P. and ors.

Court : Allahabad

Subject : Sales Tax

Acts : Uttar Pradesh Trade Tax Act, 1948; Uttar Pradesh Sheera Niyantran Adhiniyam, 1964 - Sections 8(4); Uttar Pradesh Sugarcane (Purchase Tax) Act, 1961 - Sections 13

Reported in : [2002]127STC540(All)

Acts to find out whether it is possible to construe harmoniously the provisions of Section 4 of the Finance Act and Section 49 of the Sugarcane Act. If it is not possible then an effort will have to … for the opposite parties.5. Sri Umesh Chandra, learned Senior Advocate, has submitted that the U.P. Sheera Niyantran Adhiniyam, 1964 which is a special enactment for molasses, will prevail over the general law, namely, the U.P. Trade Tax

Addl. Commissioner (Legal) and anr. Vs. Jyoti Traders and anr.

Court : Supreme Court of India

Subject : Sales Tax

Acts : Uttar Pradesh Trade Tax Act, 1948 - Sections 21, 21(1) and 21(2)

Reported in : AIR1999SC526; JT1998(8)SC60; 1998(6)SCALE141; (1999)2SCC77; [1998]Supp3SCR67

case of a person deemed to be an agent of a non-resident person. By Section 18 of the Finance Act, 1956, period of one year was increased to two years. The relevant clauses of Section 34 prescribing the

M/S. Orissa Cement Ltd. and ors. Vs. State of Orissa and Others

Court : Supreme Court of India

Subject : Other Taxes

Acts : Orissa Cess Act, 1962 - Sections 5, 6, 7 and 10; Constitution of India - Articles 32, 136, 142, 226, 245, 265, 301 and 304; Madhya Pradesh Upkar Adhiniyam, 1982 - Sections 11; Orissa Mining Areas Development Fund Act, 1952 - Sections 3, 4, 5; Local Mines Labour Welfare Fund Act, 1947; Madras Panchayats Act, 1958 - Sections 115(1) and 116; Orissa Cess Rules, 1963 - Rule 6A; Orissa Municipal Act, 1950; Orissa Grama Panchayats Act, 1948; Orissa Panchayat Samiti and Zila Parishad Act, 1959; Orissa Grama Panchayat Act, 1964; Bihar Finance Act, 1981; Bihar Finance Act, 1982; Madhya Pradesh Upkar Adhiniyam, 1981; Madhya Pradesh Upkar (Sanshodhan) Adhiniyam, 1987; Madhya Pradesh General Clauses Act, 1957 - Sections 24-A; Madhya Pradesh General Sales Tax Act, 1958 - Sections 3; The Ma

Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105

introduced in Section 4 of the Act by an ordinance of 1975. It was amended by the Bihar Finance Act, 1981 and then by the Bihar Finance Act, 1982. The definition as amended, w.e.f. 1.4.1982, by the latter … contribution to Samitis. Explanation-In this section 'Grama Panchayat' means & Grama Panchayat constituted under the Orissa Grama Panchayat Act, 1964 and 'Samiti' means a 'Panchayat Samiti' constituted under the Orissa Panchayat Samitis Act, 1959. (2) The proportion in … for revenue purposes and records of rights, and alienation of revenues. Entry 49: Taxes on lands and buildings. Entry 50: Taxes on mineral rights subject

East India Hotels Ltd. and anr. Vs. State of Rajasthan and ors.

Court : Rajasthan

Subject : Direct Taxation

Acts : Rajasthan Land and Buildings Tax Act, 1964 - Sections 2(10), 3, 3(1B), 6, 10, 10A, 11, 11(1), 13, 13(1), 13(1B), 14, 15, 15B, 16A(1), 16(1), 21, 22 and 22A; Rajasthan Urban Land Tax (Amendment) Act, 1973 - Sections 4, 7, 7(2), 7(3) and 8 to 12; Rajasthan Lands and Buildings Tax (Amendment) Act, 1995; Rajasthan Ordinance, 1988; Wealth-tax Act, 1957; Motor Vehicles Taxation Act; Finance Act, 1989 - Sections 3(1B); Companies Act; Constitution of India - Articles 14, 141, 245 and 265

Reported in : AIR2001Raj286; [2001]250ITR789(Raj); 2001(4)WLN217

the Act of 1964 is being done on the basis of entry 49 of List II (State List) as contra distinguished from entry 86 of … in the matter of the one-time tax scheme introduced by way of insertion of Section 5(1B) of the Finance Act, 1989 (Act No. 6 of 1989).2. The questions for our consideration are :'(1) Whether, fresh assessment is permissible … land in question had been subjected to proceedings under the provisions of the Rajasthan Land and Building's Tax Act, 1964 (hereinafter referred to as 'the Act of 1964'), in an assessment order dated July 1, 1981, in the