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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 … estate duty levied under the Act can be collected as per provisions in Part VII of the Act. Section 51 of the Act states that estate duty may be collected by such means and in such manner as

Commissioner of Income Tax, Bangalore and anr. Vs. Century Building In ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1), 44AB, 133A, 194A, 194A(1), 201, 201(1) and 201(1A); Companies Act, 1956; Finance Act, 1992; Banking Regulation Act, 1949 - Sections 51; Life Insurance Corporation Act, 1956; Unit Trust of India Act, 1963; Indian Income Tax Act, 1922; Estate Duty Act, 1953; Wealth-tax Act, 1957; Gift-tax Act, 1958; Super Profits Tax Act, 1963; Companies (Profits) Surtax Act, 1964; Interest Tax Act, 1974

Reported in : (2007)211CTR(SC)292; [2007]293ITR194(SC); JT2007(10)SC106; 2007(9)SCALE691; (2007)7SCC262

to the account of the payee and the provisions of this section shall apply accordingly.](2) [Omitted by the Finance Act, 1992, w.e.f. 1-6-1992.](3) The provisions of Sub-section (1) shall not apply-(i) where the amount of such income or, … (18 of 1958), or the Super Profits Tax Act, 1963 (14 of 1963), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974);](ix) to such income credited or paid by … the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution referred to in Section 51 of that Act); or(b) time deposits with a co-operative society engaged in carrying on the business of banking;(c)

Commissioner of Income Tax Vs. India Gelatine and Chemicals Ltd.

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 43(1), 51, 80J, 80HH, 143(3) and 263; Finance Act, 1964 - Sections 2(5); Customs Act, 1962 - Sections 75(1); Central Excise Act, 1944 - Sections 36

Reported in : (2005)194CTR(Guj)492; [2005]275ITR284(Guj)

is directly concerned with the export of the goods and eligible for rebate under Section 2(5) of the Finance Act, 1964. This Court laid down the following principle in the Calico case:-'The words 'derived from exports' cannot be interpreted … in respect of which an order permitting the clearance and loading thereof for exportation has been made under Section 51 by the proper officer a drawback should be allowed of duties of customs chargeable under this Act on

J.K. Cotton Spinning and Weaving Vs. Collector of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Subject : Excise

Reported in : (1989)(23)LC385Tri(Delhi)

or factory, liable to payment of Central Excise duty. The Court further held that Section 51 of the Finance Act, 1982, (which legislated the retrospective amendment) was subject to the provisions of Section HA of the Central Excises … interim stay of the order of the High Court declaring the Act ultra vires was granted on 28.10 1964 and the orders of the stay were made absolute on 29.1.1965 and ultimately the appeals filed by the

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 … 51(2)(d) of the Finance Act, subject to verification by the Assistant Collector that they were actually issued under Section 51 of the Finance Act. The Collector (Appeals) has also observed that the show cause notices in certain cases … 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.,

Satnam Overseas (Export) Through Its Partner Etc. Etc. Vs. State of Ha ...

Court : Supreme Court of India

Subject : Sales Tax

Acts : Haryana General Sales Tax Act, 1973 - Sections 2, 6, 9, 9(1), 11A, 14, 15, 15(1), 15A, 17, 27 and 40; Punjab General Sales Tax Act, 1948 - Sections 4(1) and 4B; Constitution of India - Articles 14, 246(3), 286, 286(1) and 366; Central Sales Tax Act, 1956 - Sections 5, 5(1), 5(2) and 5(3); Finance (No. 2) Act, 1996; Haryana General Sales Tax (Amendment) Act, 1991; Punjab General Sales Tax (Amendment) Act, 1973; East Punjab General Sales Tax (Amendment) Act, 1958; Haryana General Sales Tax (Amendment) Act, 1976; Rajasthan Passengers and Goods Taxation Act, 1959; Finance Act, 1961

Reported in : AIR2003SC66; JT2002(8)SC573; (2003)1SCC561; [2002]SUPP3SCR271; [2003]130STC107(SC)

J.K. Cotton Spinning and Weaving Mills Ltd. and Anr. v. Union of India and Ors. : 1987(32)ELT234(SC) by Section 51 of Finance Act, 1992, Rules 9 and 49 of the Central Excise Rules, 1944 were amended retrospectively from … 3 of the Rajasthan Passengers and Goods Taxation Act, 1959 (Act 18 of 1959) was amended by Rajasthan Finance Act Nos. 14 of 1961 and 11 of 1962 to raise the maximum rates leviable under the Act. The … of this Court laid down:'what it (Section 2 of the Act of 1964) does is to amend retrospective Section 3 of the principal Act by

Coimbatore District Central Co-operative Bank Ltd. Vs. Income-tax Offi ...

Court : Chennai

Subject : Direct Taxation

submitted a note to us indicating the manner in which Section 194A underwent a change right from the Finance Act No.2 of 1967 upto date. The history of the amendments that Section 194A had undergone in the past … (18 of 1958), or the Super Profits Tax Act, 1963 (14 of 1963), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974); (ix) to such income credited by way … the Banking Regulation Act, 1949 (10 of 1949) applies (including any bank or banking institution, referred to in section 51 of that Act); (b) ten thousand rupees, where the payer is a co-operative society engaged in carrying on

Barkha Investmnt and Trading Co. Vs. Commissioner of Income Tax

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 14, 28, 40A, 40A(1), 40A(8), 51, 56, 256(1), 260(1) and 263; Finance Act, 1975; Companies Act, 1956 - Sections 620A; Income Tax Act, 1922 - Sections 10, 12, 23A and 66(1); Banking Regulation Act, 1949; Reserve Bank of India Act, 1934 - Sections 45I, 45J, 45K, 45L and 45Q; Hire-Purchase Act, 1972 - Sections 2; Industrial Development Bank of India Act, 1964 - Sections 2

Reported in : (2006)200CTR(Guj)342; [2006]281ITR316(Guj)

Banking Regulation Act, 1949 (10 of 1999), applies and includes any bank or banking institution referred to in section 51 of that Act;(b) x x x x x x x(c) 'financial company' means-- (i) a hire-purchase finance company, … to the history of Section 40A(8) of the Act at the time of introduction in the statute by Finance Act, 1975 it was held that the intention of the legislature can be truly ascertained after taking into account … in sub-clauses (i) to (xviii) of clause (c) of section 2 of the Industrial Development Bank of India Act, 1964 (18 of 1964);](b) the purchase, or sale of any goods (other than securities) or the providing of any

Glaxo Laboratories (India) Ltd. Vs. Second Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1986)18ITD226(Mum.)

of benefit, amenity or perquisite]. We may elucidate by referring to legislative changes.Section 40(c)(iii), as amended by the Finance Act, 1964, put a ceiling of one-fifth of salary, on all expenditure on employees resulting in benefit, amenity or perquisite. … the amendment did not apply to his case.20. In J.K.K. Angappan & Bros. v. CIT [1973] 91 ITR 513 (Mad.), while dealing with voluntary disclosure under the Finance (No. 2) Act, 1967, the Madras High Court observed

In Re: Kranti Kumar Saxena

Court : Madhya Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 194A and 204; ;Finance Act, 1967; Land Acquisition Act - Sections 18

Reported in : [2003]262ITR33(MP)

mode, whichever is earlier, deduct income-tax thereon at the rates in force :(* * *) Omitted by the Finance Act, 1992, with effect from June 1, 1962.Explanation.--For the purposes of this section, where any income by way of … (18 of 1958), or the Super Profits Tax Act, 1963 (14 of 1963), or the Companies (Profits) Surtax Act, 1964 (7 of 1964), or the Interest-tax Act, 1974 (45 of 1974).Explanation.--For the purposes of Clauses (i), (vii) and … the Banking Regulation Act, 1949 (10 of 1949), applies (including any bank or banking institution referred to in Section 51 of that Act) ; or(b) time deposits with a co-operative society engaged in carrying on the business of