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Sep 06 1978

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Decided on : Sep-06-1978

Subject : ExciseCustoms

Acts : Indian Tariff Act, 1936 - Sections 2, 2A, 2A(1) and 2A(2); Customs Act, 1962 - Sections 2, 12(1), 25, 25(1), 27, 27(1), 128 and 131; Finance Act, 1965 - Sections 26(1), 76(1) and 77; Constitution of India (Fifteenth Amendment) Act, 1963 - Sections 8; Sea Customs Act - Sections 23; Finance Act, 1964 - Sections 57(1); Central Excise Act, 1944; Finance Act, 1960; Indian Tariff Act, 1934; Central Excise (Conversion to Metric Units) Act, 1968; Finance Act, 1969; Evidence Act - Sections 106; Limitation Act, 1963 - Sections 17(1); Limitation Act, 1908 - Schedule - Articles 24, 62 and 96; Constitution of India - Articles 19, 32, 136, 226 and 226(1A); Contract Act - Sections 72; Orissa Sales Tax Act - Sections 4, 14 and 19; Uttar Pradesh Sales Tax Act; Code of Civil Procedure (CPC) - Sectio

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

goods were further chargeable to regulatory duty of 10% then in force levied under Section 77 of the Finance Act, 1965. The duty @ Rs. 360 per M.T. was levied by the Central Government in exercise of the powers … 3, 1968 rejected the claim holding that the application for the refund of duty was time barred under Section 27(1) of the Customs Act, 1962 (for short, 'the Customs Act') as the same was not received within six

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Apr 07 1981

Ahmed Ibrahim Sahigra Dhoraji Vs. Commissioner of Wealth Tax, Gujarat

Court : Supreme Court of India

Decided on : Apr-07-1981

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 17, 16(3), 27 and 29(1); Finance Act, 1965 - Sections 68, 68(1), 68(2), 68(3), 68(4), 68(5), 68(6) and 68(7); Income Tax Act, 1922 - Sections 3; Income Tax Act, 1961 - Sections 4; Excess Profits Tax Act, 1940; Business Profits Tax Act, 1947; Companies (Profits) Surtax Act, 1964; Finance Act, 1951; Finance Act, 1953

Reported in : AIR1981SC1562; (1981)21CTR(SC)356; [1981]129ITR314(SC); 1981(1)SCALE694; (1981)3SCC77; [1981]3SCR402

respect of income-tax payable on the concealed income disclosed by the assessee pursuant to Section 68 of the Finance Act, 1965 is deductible under Section 2(m) of the Wealth-tax Act, 1957, in computing the net wealth of the assessee … Court of Gujarat in Wealth-tax Reference No. 2 of 1969. The questions referred to the High Court under Section 27 of the Act by the Income-tax Appellate Tribunal, Ahmedabad Bench read thus :(1). Whether on the facts and

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Mar 07 1989

Commissioner of Wealth-tax Vs. Shew Bhagwan Poddar

Court : Kolkata

Decided on : Mar-07-1989

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2 and 27; ;Finance Act, 1965 - Section 68

Reported in : [1990]186ITR126(Cal)

tax paid by the assessee on the basis of voluntary disclosure of income under Section 68 of the Finance Act, 1965, after the relevant valuation date was deductible in computing the net wealth of the assessee under Section 2(m) … Sen, J.1. The following question of law has been referred by the Tribunal to this court under Section 27(3) of the Wealth-tax Act, 1957 ('the Act') :'Whether, on the facts and in the circumstances of the case,

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Sep 04 1970

Hajee K. Assainar Vs. Commissioner of Income-tax, KeralA.

Court : Kerala

Decided on : Sep-04-1970

Subject : Direct Taxation

Reported in : [1971]81ITR423(Ker)

the provisions of section 271(1)(c) of the Act as they stand after the amendments effected therein by the Finance Act, 1964. By the said amendment the word 'deliberately', which originally occurred in clause (c) of sub-section (1), was … prescient case which culminated in the order passed by the Inspection Assistant Commissioner of Income-tax on February 20, 1965. It is no doubt true that if a statute deals merely with matters of procedure and does not … the assessee of the previous year 1954-55 within the meaning of section 271(1)(c) ?'The assessee is carrying on business in foodgrains with his head office

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Jan 15 1980

S.C.N. Chowdhury Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Jan-15-1980

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Section 17; ;Finance Act, 1965 - Section 68

Reported in : [1982]136ITR542(Cal)

assessee had made a disclosure of Rs, 2,28,000 under the Voluntary Disclosure Scheme under Section 68 of the Finance Act, 1965, and paid tax of Rs. 1,69,800 on 25th March, 1965. The said ITO was also informed that the … R.N. Pyne, J.1. In this reference under Section 27(1) of the W.T. Act, 1957, we are concerned with the assessment years 1958-59, 1959-60, 1960-61, 1961-62, 1962-63 and

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Jan 22 1981

Chhotabhai Jethabhai Patel and Co. Vs. Commissioner of Income-tax, Guj ...

Court : Gujarat

Decided on : Jan-22-1981

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 24(2) and 68; Income Tax Act, 1961 - Sections 271(1)

Reported in : (1981)22CTR(Guj)173; [1982]134ITR201(Guj)

the assessee. (i) Direct Taxation - disclosure - Sections 24 (2) and 68 of Finance Act, 1965 and Section 27 (1) of Income Tax Act, 1961 - Order holding that assessee not entitled to interest, stamp charges, brokerage … is the form duly filled in for making voluntary disclosure of undisclosed income under clause 68 of the Finance Act, 1965. It was made clear that the assessee was declaring the amount of Rs. 41.50 lakhs representing income of

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Mar 26 1976

Commissioner of Wealth-tax Vs. Ram NaraIn Agrawal

Court : Allahabad

Decided on : Mar-26-1976

Subject : Direct Taxation

Acts : Wealth-tax Act, 1957 - Sections 14(1), 17 and 18(1); Finance Act, 1969

Reported in : [1977]106ITR965(All)

appeal the Tribunal directed the Wealth-tax Officer to impose penalty on the scale in force prior to the Finance Act, 1969. Aggrieved by this order an application was filed on behalf of the Commissioner of Wealth-tax under Section … R.M. Sahai, J.1. The assessee was assessed to wealth-tax as an individual for the assessment years 1964-65, 1965-66, 1966-67 and 1967-68. The accounting years followed by the assessee were Ram Navmi years. No voluntary returns of … application was filed on behalf of the Commissioner of Wealth-tax under Section 27(1) to draw up a statement of case which was allowed and the

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May 02 1974

Commissioner of Wealth-tax Vs. Girdhari Lal

Court : Delhi

Decided on : May-02-1974

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 68, 68(1) and 68(3); Wealth Tax Act, 1957 - Sections 2; Income Tax Act, 1961; Income Tax Act, 1922

Reported in : [1975]99ITR79(Delhi)

assessed of the income-tax paid by the firm on the amounts disclosed voluntarily under Section 68 of the Finance Act, 1965, is a debt under Section 2(m) of the Wealth-tax Act, 1957, on the dates of valuation for the … court by the Income-tax Appellate Tribunal, Delhi Bench (hereinafter referred to as ' the Tribunal ') under Section 27(1) of the Wealth-tax Act, 1957 (hereinafter called ' the Act '):' Whether, on the facts and in the

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Apr 20 1977

Commissioner of Wealth-tax Vs. Bansidhar Poddar

Court : Kolkata

Decided on : Apr-20-1977

Subject : Direct Taxation

Acts : Finance Act, 1965 - Section 68; ;Wealth-tax Act, 1957 - Section 2; ;Income Tax Act

Reported in : [1978]112ITR957(Cal)

necessary first to consider the provisions of Section 4 of the Income-tax Act, 1961, sectioa 68 of the Finance Act, 1965, Section 2(m) of the Wealth-tax Act, 1957, and the decision of the Supreme Court in the case of Kesoram … Dipak Kumar Sen, J.1. The question involved in this reference under Section 27(1) of the Wealth-tax Act, 1957, at the instance of the Commissioner of Wealth-tax, West Bengal III, Calcutta, is

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Apr 15 1978

Shri Bhagwandas JaIn Vs. Addl. Commissioner of Wealth-tax

Court : Madhya Pradesh

Decided on : Apr-15-1978

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2 and 3; Indian Income Tax Act, 1922 - Sections 3; Income Tax Act, 1961 - Sections 4; Finance Act, 1965 - Sections 68

Reported in : [1979]116ITR347(MP)

the disclosed income included on assessment nor at the rate of 60% prescribed under Section 68 of the Finance Act, 1965, was deductible in arriving at the net wealth of the assessee '2. The assessee is a HUF, which … v. Addl. CWT), as they involve a common question of law. These eight references under Sub-section (1) of Section 27 of the W.T. Act, 1957, are by the Income-tax Appellate Tribunal, Jabalpur Bench, Jabalpur, at the instance of

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