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Kalawati Devi Harlalka Vs. Commissioner of Income-tax, West Bengal and ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Indian Income-tax Act 1922 - Sections 18A, 23, 23A, 25, 25A, 29, 31, 33, 33B, 34, 35, 44, 60(1), 131 to 136, 140 to 146, 147, 148, 149, 150, 153, 156 to 158, 185, 187 to 189, 282 to 284 and 288; Constitution of India - Article 226; Income-tax Act, 1961 - Sections 297, 297(1), 297(2) and 298; General Clauses Act - Sections 6; Income-tax (Removal of Difficulties) Order, 1962; Finance Act, 1950 - Sections 3, 11, 12, 13 and 13(1); Payment of Bonus Act, 1965 - Sections 37

Reported in : AIR1968SC162; [1967]66ITR680(SC); [1967]3SCR833

'Now the question is in what sence has the work 'assessment' been used in section 13(1) of the Finance Act, 1950. Two circumstances may be noticed at once. The long title says that the Finance Act, 1950, is … cover the validity of the section itself. Furthermore, the terms of s. 37 of the Payment of Bonus Act, 1965 are different and the Bonus Act is not a taxing law. 27. In the result the appeal fails … repealed Act by any person for the assessment year ending on the 31st day of March, 1962, or any earlier year, the assessment of that

Cloth Traders (P) Ltd. Vs. Additional C.i.T., Gujarat-i Overruled

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 12, 57, 80A to 80D, 80M, 85A, 99, 99(1) and 257; Indian Income tax Act, 1922 - Sections 8, 16, 56A and 60A; Finance Act, 1953; Finance (Amendment) Act, 1965 - Sections 99; Finance (Amendment) Act, 1966 - Sections 85A; Finance (Amendment) Act, 1967; Finance (Amendment) Act, 1968 - Sections 31, 31(2) and 31(3)

Reported in : AIR1979SC1691; (1979)10CTR(SC)393; [1979]118ITR243(SC); (1979)3SCC538; [1979]3SCR984

upto the close of the assessment year 1964-65 and by an amendment made by Finance Act 10 of 1965, Section 99, Sub-section (1) was omitted and Chapter VI-A and Section 85A were introduced in the present Act with … effect from 1st April, 1968. The Finance Act of 1968 also provided in Sub-sections (2) and (3) of Section 31 that notwithstanding the omission of section 99, Sub-section (1), Clause (iv) and Section 85A, the provisions of those … introduced as Section 56A in the Indian Income-tax Act, 1922 (hereinafter referred to as the Old Act) by Finance Act, 1953. It is not necessary to make any detailed reference to this provision since there is no decided

Ladhuram Laxminarayan Vs. Commissioner of Income-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(31) and 271(1); Finance Act, 1965 - Sections 24

partners of the firm and these partners made voluntary disclosure under Section 24 of the Finance (No. 2) Act, 1965. The Income-tax Officer held that the interest shown as paid to these parties were not actually paid to

T.S. Balaram, Income Tax Officer, Company Circle Iv, Bombay Vs. Volkar ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 2(31), 113, 154 and 154(1); Income Tax Act, 1922 - Sections 2(9), 17(1) and 35; Finance Act, 1965; Constitution of India - Article 226

Reported in : AIR1971SC2204; [1971]82ITR50(SC); (1971)2SCC526; [1972]1SCR30

but that section has now been omitted with effect from April 1, 1965 as a result of the Finance Act, 1965.9. From what has been said above, it is clear that the question whether Section 17(1) of the

Indian Organic Chemicals Ltd. and Others Vs. Khopoli New Township Muni ...

Court : Mumbai

Subject : Direct Taxation

Acts : Maharashtra Municipalities Act, 1965 - Sections 113(1) and 114(2) to 121; Income-tax Act, 1961; Kerala Building Tax Act, 1965; Constitution of India - Articles 14, 136-A and 226

Reported in : AIR1992Bom134; 1992(2)BomCR441; (1992)94BOMLR318; 1992(2)MhLj958

in the fold of urban centre when in 1970 it was constituted a Municipality under the Maharashtra Municipalities Act, 1965, (hereinafter referred to as 'the Act'): The revenue exactions of the Gram Panchayat were almost nominal. It was … were almost nominal. It was only in the region of Rs. 4,000/-.3. The Municipality set to settle its finances satisfactorily and effectively. A hectic industrial concern, is unlikely to escape the gaze of any local authority. Then … in the meeting held on 31-7-1973. It ended with the sentence: 'under Section 120 of the Maharashtra Municipalities Act, the assessment is finally approved and

Mcdowell and Co. Ltd. Vs. Commercial Tax Officer

Court : Supreme Court of India

Subject : Direct TaxationSales Tax

Reported in : AIR1986SC649; (1985)2CompLJ137(SC); (1985)47CTR(SC)126; 1985(5)ECC259; [1985]154ITR148(SC); 1985(1)SCALE788; (1985)3SCC230b; [1985]3SCR791; [1985]59STC277(SC); 1986(1)LC595

99, replacing earlier legislation). Further it was pointed out that the capital gains tax legislation (starting with the Finance Act 1965) does not contain any provision corresponding to Section 460. The intention should be deduced, therefore, it was said, … following thereafter could be made without a fresh notification under s. 4; (iii) The Validating Act violated Art. 31(2) of the Constitution inasmuch as it purported to authorise acquisitions without fresh notifications under s. 4 thereby allowing

State Vs. Bharat Chandra Roul

Court : Orissa

Subject : Criminal

Acts : Prevention of Corruption Act, 1988 - Sections 13, 13(1), 13(2) and 19(3); Orissa Special Courts Act, 1990 - Sections 8(3); Prevention of Corruption Act, 1939 - Sections 5(1); Evidence Act, 1872 - Sections 91 and 106; Prevention of Corruption (Amendment) Act, 1947; Income Tax Act, 1961 - Sections 60, 68 and 269; Registration Act, 1908 - Sections 17, 17(1), 31 and 49; Finance (No. 2) Act, 1965 - Sections 24(2) and 24(3); Transfer of Property Act, 1882 - Sections 51(1); Stamp Act, 1899 - Sections 29 and 29(2); Estate Duty Act, 1953 - Sections 8, 9 and 9(2); Probation of Offenders Act, 1958; Code of Criminal Procedure (CrPC) , 1973 - Sections 162 and 313; Orissa Government Servants' Conduct Rules, 1959 - Rule 21; Constitution of India

Reported in : 1995CriLJ2417

A question arose as to whether a voluntary disclosure under Section 24 (2) of the Finance (No. 2) Act, 1965, had to relate to income actually earned by the declarant. That section granted immunity to the declarant alone … itself provides for registration by the registering authority at the, residence of the proposed executant in terms of Section 31 of the said Act. Additionally Jagannath did not die immediately as claimed. He died more than two months

Agricultural Produce Market Committee, Narela, Delhi Vs. Commissioner ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(1), 10, 10(20), 10(26AAB) and 260A; Finance Act, 2002; Cantonments Act, 1924 - Sections 3; General Clauses Act, 1897 - Sections 3(31); Delhi Agricultural Produce Marketing (Regulation) Act, 1998 - Sections 5, 22(1), 22(2), 62 65, 88, 88(1), 88(2) and 88(3); Delhi Development Act, 1957; Payment of Bonus Act, 1965 - Sections 32; Constitution of India (Seventy-third Amendment) Act, 1992; Constitution of India (Seventy-fourth Amendment) Act, 1992; Constitution of India - Articles 243, 243P, 243 and 243ZF

Reported in : (2008)218CTR(SC)433; [2008]305ITR1(SC); JT2008(10)SC17; 2008(11)SCALE540; (2008)9SCC434; 2008AIRSCW6285; 2008(6)Supreme520; 2008(11)SCALE540

were enjoying exemption from income tax under Section 10(20) of the 1961 Act prior to its amendment by Finance Act, 2002 w.e.f. 1.4.03.10. Prior to the amendment by Finance Act, 2002, Section 10(20) of the Income-tax Act, 1961 … 'Delhi Development Authority' is a 'local authority' as its employees stood outside the purview of Payment of Bonus Act, 1965. Under Section 32(iv) of the Payment of Bonus Act, 1965 it is stated that nothing in the said

Badshah Khan Vs. Commissioner of Wealth-tax

Court : Guwahati

Subject : Direct Taxation

Acts : Finance Act, 1969; Wealth Tax Act, 1957 - Sections 18(1); Wealth Tax (Amendment) Act, 1964

the due date. However, the AAC held that the amended provisions of the Act brought in by the Finance Act, 1969, would not apply and the penalty should be on the basis of the law that existed in … Lahiri, J. 1. The wealth-tax return for the assessment year 1965-66 due on June 30, 1965, was filed by the assessee on June 30, 1970. The WTO held that … wealth reduced by the basic exemption, from April 1, 1969, to March 31, 1970. On appeal, the AAC turned down the claim of the assessee … filing the return by the due date and imposed a penalty under Section 18(1)(a) of the Act at the rate of 2% per month on

Commissioner of Income-tax, Gujarat-i Vs. Ahmedabad Keiser-e-hind Mill ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 84 and 251; Finance Act, 1964 - Sections 2(5); Finance (Amendment) Act, 1965 - Sections 2(5)

Reported in : [1981]128ITR486(Guj)

the total income.' 3. The AAC considered the case only under c. (iii) of s. 2(5)(a) of the Finance Act, 1965, and the relief which claimed before the AAC was claimed for the first time, no claim having been … export sales and to allow rebate under s. 2(5)(a)(iii) of the Finance (No. 1) Act of 1965. (The section is wrongly mentioned as s. 5(a)(iii) in the statement of the case). The department being aggrieved by the … regarding the quantum of exports effected between February 28, 1963, and December 31, 1963, and should work out the rebatge as mentioned in s. 5(1)(iii)