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Commissioner of Income-tax, Central Vs. Hindusthan Motors Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 33(1) and 80E; ;Finance Act, 1965

Reported in : [1981]127ITR210(Cal)

in Para. F read with items (10) and (21) of Part III of the First Schedule to the Finance Act, 1965, the Tribunal was right in holding that the assessee is entitled to rebate of tax at the higher … Sabyasachi Mukharji, J. 1. In this reference under Section 256(1) of the I.T. Act, 1961, we have been referred two questions for two different years which are … the case, and on a correct interpretation of the provisions of Section 33(1)(iii)(c)(A)(a) of the Income-tax Act, 1961, the Appellate Tribunal is justified in holding

JaIn Bros. and ors. Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 2(2), 3, 22, 22(2), 23, 23(5) and 26A; Finance Act, 1956 - Sections 14, 14(1), 14(2), 14(3), 14(4) and 23(5); Income Tax Act, 1961 - Sections 271, 271(1), 271(2), 274, 274(1), 275, 276 and 297(2); General Clauses Act - Sections 3(42); Payment of Bonus Act, 1965 - Sections 33

Reported in : AIR1970SC778; [1970]77ITR107(SC); (1969)3SCC311; [1970]3SCR253

Mill Mazdoor Union : (1966)IILLJ546SC hardly affords any parallel. There are retrospective operation of the Payment of Bonus Act 1965 which came into force in May 29, 1965 was made by Section 33, the provisions of which were … computing the total income of the firm at Rs. 4,75,368. In view of the amendment made by the Finance Act of 1956 in Section 23(5) of the Act of 1922 the tax payable by the firm as also

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 … erroneous and prejudicial to the interests of revenue-Revision of assessments under Section 33B of the Indian Income-tax Act 1922 proposal for-Notice regarding. On calling for

Associated Cement Co. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33, 33(6), 35B and 35B(1)

Reported in : [1994]210ITR69(Bom)

It is applicable notwithstanding anything contained in the other provisions of Section 33. It was inserted by the Finance Act, 1965, with effect from April 1, 1965, to take out of the purview of Section 33 'plant and machinery'

Zunjarrao Bhikaji Nagarkar Vs. U.O.i. and Others

Court : Supreme Court of India

Subject : Service

Acts : Central Civil Services(Classification, Control and Appeal) Rules, 1965 - Rule 14; Central Excise Act, 1944; Finance Act, 1995 Sections 11-A, 33, 35B and 37; Central Excise Rules, 1944 - Rules 9, 49, 52A, 53, 173G,Q and 226; Income Tax Act, 1961 - Sections 129, 139, 142, 143(1), 144A, 148 and 271; CCS(Conduct) Rules, 1964 - Rule 3(1); Orissa Sales Tax Act, 1947 - Sections 7, 11, 12(5) and 25(1); Indian Penal Code (IPC), 1860 - Sections 63 and 325; Drug and Cosmetics Act, 1940 - Sections 18, 27 and 34; Code of Civil Procedure (CPC) - Order 7, Rule 11; Code of Criminal Procedure (CrPC) , 1973 - Sections 482; Constitution of India - Article 14 and 19

Reported in : AIR1999SC2881; 1999(66)ECC40; 1999LC29(SC); 1999(112)ELT772(SC); JT1999(5)SC366; (2000)ILLJ728SC; 1999(4)SCALE480; (1999)7SCC409; [1999]Supp1SCR87; 2000(1)SLJ291(SC)

is now called Commissioner after amendment of the Central Excise Act, 1944 (for short the 'Act') by the Finance Act of 1995. Presently the appellant is posted as Director, National Academy of Customs, Excise and Narcotics, Mumbai. He … Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965 informing him that the President proposes to hold an inquiry against him … may as well note sequence of events leading to the issuance of the memorandum dated September 2, 1997.5. Section 33 of the Act gives powers to Central Excise authorities to adjudicate. Under this Section 'where by the rules

Commissioner of Income Tax, Amritsar Vs. Straw Board Manufacturing Co. ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33(B) and 80E; Finance Act, 1966; Finance Act, 1965; Industries (Development and Regulation) Act, 1951 - Sections 10

Reported in : AIR1989SC1490; (1989)77CTR(SC)75; [1989]177ITR431(SC); JT1989(2)SC264; 1989(1)SCALE1151; 1989Supp(2)SCC523; [1989]2SCR772

mentioned at item No. 16 in the Fifth Schedule to the Income Tax Act as substituted by the Finance Act, 1965. The claim of the assessee was rejected by the Income Tax Officer, For the assessment year 1967-68 the … at 20 per cent on the balance. For the assessment year 1966-67 the assessee claimed development rebate under Section 33 of the Income Tax Act at the rate of 25 per cent on the value of the machinery

Jiyajeerao Cotton Mills Ltd. Vs. Income-tax Officer, c Ward and ors.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80E and 154; ;Finance Act, 1965

Reported in : [1981]130ITR710(Cal)

that soda ash is one of the items mentioned in Part III of the First Schedule to the Finance Act, 1965, and the appellant was, therefore, entitled to a special rebate of 35 per cent. on the profits and … for various allowances to be made in making such computation and Sections 33 and 34 are the provisions for allowance of development rebate in computing … claiming such rebate. 4. On or about the 27th February, 1970, respondent No. 1 completed the assessment under Section 143(3) of the I.T. Act, 1961, whereby the overall total income of the appellant was computed at Rs.

Indian Steel and Wire Products Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Subject : Direct Taxation

Acts : Finance Act, 1965; ;Income Tax Act, 1961 - Section 80E

Reported in : [1977]108ITR802(Cal)

within item 1 of the list of articles specified in Part III of the First Schedule under the Finance Act, 1965, and, therefore, it was entitled to the extra rebate for the assessment year 1965-66. For the assessment years … the following goods : S. No. 39......Description of goods. (Iron and Steel)' 33. It was contended on behalf of the sales tax authorities that the … Dipak Kumar Sen, J.1. This reference under Section 256(1) of the Income-tax Act, 1961, initiated at the instance of the assessee in respect of the assessment

Commissioner of Income-tax (Central) Vs. Oriental Co. Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5(1), 8, 91, 194 and 198

Reported in : (1981)25CTR(Cal)75,[1982]137ITR777(Cal)

such income is only franked investment income if the recipient is a company resident in the United Kingdom. (Finance Act, 1965 Section 48(1)). Such a company is not chargeable to corporation tax thereon (Finance Act, 1965, Section 50(2)(a)), and so … this court in the case of CIT v. Thomas Duff & Co (India) Pvt. Ltd. (I.T. Ref. No. 332 of 1975, judgment delivered on 24th July, 1980, (see p. 798 infra). As we have noticed, in the

Oriental Hotels Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

the development rebate by giving a clear three-year notice of its intention to withdraw the development rebate.27. The Finance Act, 1965, inserted Sub-section (6) of Section 33. The effect of this sub-section was that no deduction by way of