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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 on such items as it thought fit. When it was suggested that a provision corresponding to Section 56(1) of the Finance (1909-10) Act 1910 as it stood at the time when the Act was enacted could

Commissioner of Income-tax Vs. T.K. Manicka Gounder

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 27(1), 143, 144, 147, 264 and 271(1)

Reported in : (1989)76CTR(Mad)208; [1989]178ITR274(Mad)

aforesaid and in view of the introduction of the Explanation to section 271(1)(c) of the Act by the Finance Act, 1964, penalty proceedings under section 271(1)(c) of the Act were also intitiated. The assessee preferred a revision petition before

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. … considerations which might weigh in a case arising under the statute of frauds or similar statutes". At p. 560, the author noted that in the case of a fiscal enactment, one has to look at what is

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 2(5); Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4); Finance Act, 1964; Finance Act, 1968; Finance Act, 1969; Income Tax Act, 1961 - Sections 2(18), 31, 37, 108 and 256

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

of goods by the assessee and accordingly not entitled to tax concession provided under Section 2(5)(a)(i) of the Finance Act, 1964 ? (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is … assessment year 1967-68 he allowed Rs. 11,277 under the head 'Current repairs' and disallowed the balance of Rs. 56,306. He held that this part of the expenditure was capital in nature. The AAC as well as the

Cadell Weaving Mill Co. P. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(14), 2(24), 2(47), 10, 10(3), 10(13), 14, 17(3), 28, 41, 45 to 55, 55(2), 56, 59, 115J and 253; Bombay Rent Act; Finance Act, 1987 - Sections 55(2); Direct Tax Laws (Amendment) Act, 1989

Reported in : 2001(3)ALLMR108; (2001)166CTR(Bom)7; [2001]249ITR265(Bom)

of a motor car used for personal purposes would result in a revenue income. That, even after the Finance Act, 1994, consideration arising from the transfer of tenancy in cases where the tenant had no right to sublet, … the meaning of Section 10(3) of the Income-tax Act, 1961, and as such is exigible to tax under Section 56 of the Act ?'2. The above question was answered against the assessee. Hence, the assessee-Cadell Weaving Mill Co.

ipur Gram Panchayat, Guntur District Vs. Government of Andhra Pradesh ...

Court : Andhra Pradesh

Subject : ConstitutionTrusts and Societies

Acts : Andhra Pradesh Gram Panchayat Act, 1994 - Sections 56(1), 65(1) and 80(1); Andhra Pradesh Gram Panchayat Act, 1964 - Sections 217; Constitution of India - Article 162; Andhra Pradesh (Andhra Area) Compulsory Labour Act, 1858; Andhra Pradesh Farmers Management of Irrigation Systems Act, 1977 - Sections 17 and 22

Reported in : 2000(5)ALD24; 2000(4)ALT678

by any authority of law.19. The respondents referred to G.O. Ms. No.879, Finance (PWD) Department, dated 19-4-1964 in their counter in support of their contention. … 10-4-1978 by the Government in exercise of the rulemaking power under Section 217 of the A.P. Gram Panchayat Act 1964 which continuous to be in force even after new Panchayat Raj Act came into force in 1994.3. During … situated within the local limits of Ipur Gram Panchayat and this tank vested in the Gram Panchayat under Section 56(l)(b) of Gram Panchayat Raj Act, 1994 (hereinafter referred as 'Act 1994') corresponding section being Section 65(1)(b) of the

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)

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 … providing various sections under each of the heads.14.2. Under Head 'F' which deals with 'Income from other sources' Section 56 of the Act provides that income of every kind which is not to be excluded from the total

The State of Rajasthan Vs. the Associated Stone Industries Kota Ltd. a ...

Court : Rajasthan

Subject : Commercial

Acts : Constitution of India - Article 295(2); Contract Act, 1872 - Sections 56, 65 and 70; Evidence Act, 1872 - Sections 115; Code of Civil Procedure (CPC) , 1908 - Sections 80 - Order 7, Rule 7

Reported in : AIR1971Raj128

India extending the Finance Act to Rajasthan with effect from 1-4-50 was to make voidagreement Ex. A under Section 56 of the Contract Act. 19. In view of Article 295 of the Constitution both the Union of India … formed as a result of the reorganisation of States. 4. On 1-4-1950 the Union of India extended the Finance Act to Rajasthan with the result that the Indian Income-tax Act, 1922 was extended to it. The Government of

The State of Rajasthan Vs. the Associated Store Industries Kota Ltd. a ...

Court : Rajasthan

Subject : CivilContract

Reported in : 1970WLN398

the Finance Act to Rajasthan with effect from 1. 4.50 was to make void agreement Ex A under Section 56 of the Contract Act.18. In view of Article 295 of the Constitution both the Union of India and … was formed as a result of the reorganisation of States.4. On 1.4.1950 the Union of India extended the Finance Act to Rajasthan with the result that the Indian Income-tax Act 1922 was extended to it. The Government of … the Code of Civil Procedure and Section 52 of Act I of 1964 It is contended by the learned Advocate-General that, although a notice of

Zdzizlaw Skakuz Vs. Commissioner of Income-tax

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(24), 10(14), 16, 17, 56 and 154(1)

Reported in : (1986)50CTR(AP)39; [1986]158ITR420(AP)

of profit, to the extent to which such expenses are actually incurred for that purpose. Now, by the Finance Act of 1975, an Explanation was added to the above sub-clause with effect from April 1, 1962. That Explanation … the aforementioned contracts with the Polish firm as the income of the assessee from other sources falling under section 56 of the Income-tax Act. But, subsequently, the Income-tax Officer felt that charging only the first stage of tax