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Modi Rubber Ltd. Vs. Union of India and Others Overruled

Court : Delhi

Subject : Excise

Acts : Central Excise Rules, 1944 - Rules 2, 8, 8(1), 56A, 173, 173B and G; Central Excise Act, 1944 - Sections 2, 3, 6, 8(1), 12, 37 and 37(2); Finance Act, 1978 - Sections 37 and 37(4)

Reported in : 1984(2)ECC30; 1983(12)ELT24(Del)

Srinivasan', : [1972]83ITR346(SC) the Supreme Court had ruled that the term income-tax occurring in Section 2 of the Finance Act, 1964 included surcharge, special surcharge and additional surcharge wherever provided as they form part of the income-tax. Under the … Finance Act, 1978. 11. The learned Solicitor General relied upon 'Orient Paper Mills Ltd. v. D. D. A.', L.P.A. 27/76 decided on September 25, 1981 and Associated Cement Co. Ltd. v. D. D. A.', I.L.R. 1971 (1)

Trilok Chand JaIn Vs. Dagi Ram Pindi Lall and ors. Overruled

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 54; Income Tax Act, 1961 - Sections 137; General Clauses Act, 1897 - Sections 6

Reported in : ILR1985Delhi331; [1974]95ITR34(Delhi)

provisions continued to be in force till April 1, 1964, on which date, by section 32 of the Finance Act No. 5 of 1964, section 137 was omitted, and by section 33 thereof, section 138 was substituted by … White (1922) 2 K.B. 422 and Abbott v. Minister for Lands (1895)A.C. 425. In the former case Atkin L.J., referring to section 38 of the Interpretation Act, 1889, which corresponds to section 6(c) of the Indian General

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)

of any property accepted by the Commissioners is provided for by Sections 50 and 51 of the Finance Act, 1946, under which the Treasury may … 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

Addl. Commissioner of Income-tax Vs. Lakshmi Industries and Cold Stora ...

Court : Allahabad

Subject : Direct Taxation

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

Reported in : (1983)32CTR(All)195; [1984]146ITR492(All); [1983]14TAXMAN144(All)

of such income, he may direct that such person shall pay by way of penalty,--.... ' 15. By Finance Act, 1964, the word ' deliberately' was omitted and the following Explanation was inserted :'Explanation,--Where the total income returned by … income returned was less than eighty per cent, of the total income assessed, the ITO took action under Section 271(1)(c) read with the Explanation thereto of the I.T. Act, 1961, hereafter 'the Act', and referred the case … fair and reasonable to estimate the value of the same at Rs. 50,000.4. Apart from this, the ITO found cash deposits in various sets of

Mahavir Transport Co. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Hyderabad

Subject : Land Acquisition

Reported in : (1987)23ITD206(Hyd.)

to that of the prosecution in criminal cases.The mere fact that the word 'deliberately' is omitted by the Finance Act, 1964, would not in any way alter the legal position with regard to the revenue's burden to prove that … in hire charges paid may be taken at a sum of Rs. 50 per lorry per trip. According to the direction given by the CIT, … against the orders of the Commissioner of Income-tax (Appeals), Visakhapatnam, dated 11-1-1986 confirming the imposition of penalties under Section 271(1) (c) of the IT Act, for assessment years 1975-76 to 1979-80. The penalties imposed and confirmed for

Girdardas and Co. Private Ltd. (In Liquidation) Vs. Commissioner of In ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 2(6A)

Reported in : [1965]55ITR171(Guj)

preceding the date of liquidation shall be so included.' 6. The definition of 'dividend' was amended by the Finance, Act, 1955, by deleting, inter alia, the aforesaid proviso, and the amended definition came into force as from 1st … shall not include capital gains arising before the 1st day of April, 1964, or after the 31st day of March, 1948.'45. That clause, as amended … of a distribution by a liquidator, does not appear to be permissible on a proper construction of the section. 50. The section as it stands and fully warrants the construction of the section referred to above. There is

Vidya Shankar Dixit Vs. Cit

Court : Allahabad

Subject : Direct Taxation

Reported in : [2005]144TAXMAN909(All)

gross or wilful neglect on his part.6. It may be mentioned here that by section 40 of the Finance Act, 1964 the word 'deliberately' occurring in clause (c) of section 271(1) of the Act has been omitted and the

Pidilite Industries Pvt. Ltd. and ors. Vs. Government of India and ors ...

Court : Mumbai

Subject : Excise

Acts : Central Excise Act, 1944 - Sections 3

Reported in : 1983LC728D(Bombay); 1983(12)ELT46(Bom)

'14D. Synthetic Organic Dyestuffs Fifteen per cent(including pigment dyestuffs) ad valorem.'and synthetic organicderivatives used in anydyeing process. By Finance Act, 1964 certain additions were made to the First Schedule and Item 4A was inserted which reads as under : … Black G. Supra Cone'. The Central Excises and Salt Act, 1944 was enacted on February 24, 1944 and Section 3 of the Act provides that there shall be levied and collected in such a manner as may … 10. The second decision is of this Court reported in 72 Bom. L.R. 534 in the case of H. R. Syiem v. P. S. Lulla

Commissioner of Income-tax Vs. Shri Pawan Kumar Dalmia

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 132 and 271(1)

Reported in : (1987)66CTR(Ker)167; [1987]168ITR1(Ker)

then, before the Taxation Law Amendment Act of 1975, but after the insertion of the Explanation by the Finance Act of 1964 with effect from April 1, 1964, specified that in cases where the total income returned by … of the Commissioner of Income-tax, the Income-tax Appellate Tribunal has referred the following two questions of law, under Section 256(1) of the Income-tax Act, for the decision of this court:'(1) Whether, on the facts and in the

T.K. Roy, Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14, 14(1), 14(2), 15, 16(5), 18, 18(1), 35B and 36(1)

1965. Thereafter, penalty was levied under Section 18(1)(a)(i) of the Act as amended by Section 24 of the Finance Act of 1969 (hereinafter called the '1969 Amendment').5. The assessee appealed to the AAC of Wealth-tax. The AAC held … for the years 1963-64 to 1968-69, under Section 18(1)(a)(i) of the Act as amended by the W.T. (Amend.) Act, 1964 (hereinafter called the '1964 Amendment'), which was effective from April 1, 1965. Thereafter, penalty was levied under Section … month during which the default continued, but not exceeding, in the aggregate, 50% of the tax. It also directed levy of penalty for the period