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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

Golcha Properties (P.) Ltd. Vs. Commissioner of Income-tax

Court : Rajasthan

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32(1), 32(1A) and 153(1); Finance Act, 1965

Reported in : [1987]166ITR259(Raj)

contended that it was an industrial company and was, therefore, entitled to concessional rates of income-tax by the Finance Act, 1965. The assessee claimed the benefit available to an industrial company under this provision on the ground that its … be answered in favour of the Revenue.10. Question No. 3 relates to the assessee's claim for depreciation under Section 32(1) of the Act which gives the benefit of depreciation in respect of buildings, machinery, plant or furniture 'owned

Smith (inspector of Taxes) Vs. Schofield.

Court : Kolkata

Subject : Direct Taxation

Reported in : [1994]209ITR572(Cal)

the judge in reaching his decision.The Finance Act 1965Capital gains tax was introduced by Part III of the Finance Act 1965. Section 19(1) provided :'Tax shall be charged in accordance with this Act in respect of capital gains, that is … sale -in this case $15,800 - and to deduct from it the sums described in what in now section 32(1) of the Act of 1979, that is to say, putting it shortly, (a) the cost of acquisition, in

Union of India (Uoi) Vs. S.R. Doiphode

Court : Mumbai

Subject : Labour and Industrial

Reported in : (1974)76BOMLR334

India as Chairman; (2) Adjutant General in India; (3) The Secretary of Defence Department; (4) Financial Adviser, Military Finance; (5) R.A.F. Representative and (6) Director of Canteens (Secretary). The Quartermaster-General was to define and control general policy … of any department of the Central Government within the meaning of Section 32(iv) of the Payment of Bonus Act, 1965.2. Special Civil Application No. 1189 of 1968 is directed against an order passed in favour of respondent No.

Universal Electrics Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 32(1); ;Electricity Act

Reported in : [1992]196ITR860(Cal)

the same as we have mentioned in Para F of Part I of the First Schedule of the Finance Act, 1965, and similar is the position under Section 80E of the Income-tax Act, 1961. Column A provides the type … entitled to initial depreciation in respect of the generators installed at its factories within the meaning of Section 32(1)(vi) of the Income-tax Act, 1961?' Question No. 4 in I. T. Reference No. 42 of 1990 :' Whether,

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

Court : Rajasthan

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 … Tax, Bombay, AIR 1970 S.C. 898, in which the majority view is that even an application under Article 32 of the Constitution should be dismissed on the ground of delay. In the cases before us, this question

Tamil Nadu Water Supply and Drainage Board Engineers Association Etc. ...

Court : Chennai

Subject : Labour and Industrial

Acts : Payment of Bonus Act - Sections 2(6), 2(13), 2(14), 2(21), 4, 5, 10, 11, 15, 20, 22, 32, 32, 33, 34, 36, 37 and 37(2)

Reported in : (1991)IILLJ394Mad; (1993)IIMLJ540

* (viii) employees employed by the Reserve Bank of India; (ix) employees employed by - (a) the Industrial Finance Corporation of India; (b) any Financial Corporation established under Section 3, or any joint Financial Corporation established under … for purpose of profit and thus excluded from the purview of Section 32(v)(c) of the Payment of Bonus Act, 1965. 2. The appellants herein in their respective petitions under Art. 226 of the Constitution claimed that the Act

Commissioner of Income-tax Vs. Central Bank of India Ltd.

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(10), 2(24), 45, 52, 52(2), 85A, 108, 115 and 119

Reported in : (1990)92BOMLR31; [1990]185ITR6(Bom)

and the Memorandum explaining its provisions.13. Mr. Dalvi then drew our attention to the Explanatory Notes to the Finance Act, 1965, issued under Circular No. 3-P dated, October 11, 1965. It is not disputed that this Circular was issued … 1966. The relevant clause therein on which Mr. Dalvi relied is clause 32, which reads thus :'32. A company receiving dividends from any domestic company … S.P. Bharucha J.1. This is a reference made at the instance of the Revenue, under the provisions of section 256(1) of the Income-tax Act, 1961. It raises, in regard to the assessment year 1967-68, the following question

M/s. Bharti Airtel Ltd. Vs. The Commissioner of Central Excise

Court : Mumbai

Subject : Service Tax

amount of Rs.2,04,39,093/- under provisions of Rule 14 of the Credit Rules read with Section 73 of the Finance Act,1994. In respect of towers and parts thereof, prefabricated building, printers and office chairs, the Commissioner observed that the … (e) M/s. J.K. Cotton Spinning and Weaving Mills Co. Ltd. Vs. Sales Tax Officer, Kanpur and Anr., (AIR 1965 SC 1310); (f) CCE Vs. Jay Engineering Works Ltd., (1989(39) ELT 169 (S.C.) (g) Indus Towers Ltd. Vs. … (2011(23) L.T.R. 341(A.P.)); (d) Bannari Amman Sugars Ltd. Vs. CCE, (2010(250) ELT 326 (Kar); (e) CCE New Delhi Vs. Hindustan Sanitary-ware and Industries Ltd. (2002(145)

Commissioner of Income-tax Vs. Texmaco Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(5) and 15C; ;Indian Income Tax (Computation of Capital of Industrial Undertakings) Rules, 1949 - Rule 3(1); ;Income Tax Act, 1961 - Section 43(6)

Reported in : (1982)29CTR(Cal)64,[1983]141ITR531(Cal)

1886), was in force : ' 8. By an amendment introduced retrospectively by Section 6 of the 2nd Finance Act, 1965, a proviso was added which stipulates as follows :'Provided that in determining the written down value in respect … value in respect of buildings, machinery or plant for the purposes of Clause (ii) of subsection (1) of Section 32, 'depreciation actually allowed' shall not include depreciation allowed under Sub-clauses (a), (b) and (c) of Clause (vi) of