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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 … after partition of Hindu undivided families and section 29, 31, 33 and 35 deal with the issue of demand notices and the filing of appeals

Commissioner of Income-tax, Tamil Nadu-i Vs. Standard Motor Products o ...

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80I

Reported in : (1980)17CTR(Mad)317; [1981]131ITR300(Mad)

calendar year. In that year, the assessee claimed the relief admissible to priority industry in accordance with the Finance Act, 1965. First Schedule, Pt. I, Para. F, read with Pt. III. The ITO rejected this claim for rebate at … right in holding that the assessee is entitled to the rebate of 35% on the profits attributable to the manufacture and sale of the internal … Appellate Tribunal was right in holding that the assessee is entitled to the rebate under the provisions of section 80E/80I for the assessment years 1966-67, 1968-69 and 1969-70 3. Whether, on the facts and in the circumstances

income-tax Officer, a-ward, Indore Vs. Gwalior Rayon Silk Manufacturin ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 3; Income Tax Act, 1961 - Sections 220(2) and 220(3)

Reported in : [1975]101ITR457(SC)

notice of demand the liability of the assessee to pay the arrears arose only after the expiry of 35 days and this period had expired before the Finance Act, 1965, amending Section 220(2) of the Act and, … was granted by the Income-tax Officer, Sub-section (2) of Section 220 of the Act was amended by the Finance Act, 1965, by which the rate of interest was increased from 4% to 6% per annum. In view of this

The Income-tax Officer, 'A' Ward, Indore Vs. Gwalior Rayon Silk Manufa ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 220, 220(1), 220(2) and 220(3); Finance Act, 1965 - Sections 154, 155, 156, 250, 254, 260, 262 and 264; States (Taxation Concessions) Order, 1950; Central Act, 1967

Reported in : AIR1976SC43; (1975)2SCC721

notice of demand the liability of the assessee to pay the arrears arose only after the expiry of 35 days and this period had expired before the Finance Act, 1965 amending Section 220(2) of the Act and … was granted by the Income-tax Officer, Sub-section (2) of Section 220 of the Act was amended by the Finance Act, 1965 by which the rate of interest was increased from 4 % to 6 % per annum. In view

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 … order passed by him: . . .3. The corresponding section in the Indian Income-tax Act, 1922 is Section 35.4. We have now to see whether the Income-tax Officer was justified in opining that in the original orders

Commissioner of Income-tax, Gujarat I Vs. Ahmedabad Manufacturing and ...

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 30, 34, 37, 40, 147 and 148; Finance Act, 1965

Reported in : [1977]106ITR159(Guj)

purpose of taxation. He further held that rebate under clause 1(b)(ii) of Paragraph F of Schedule I of Finance Act, 1965, had been wrongly allowed at the rate of 35 per cent. in the original assessment order but on … the case, the Tribunal was justified in law in upholding the Appellate Assistant Commissioner's order cancelling reassessment under section 147(b) read with section 148 of the Income-tax Act, 1961 ?' 2. We are concerned in this case

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 … Ors., AIR 1959 Bom. 363, and Damimal Kausomal Raisighani v. Union of India and Ors., AIR 1967 Bom. 355. Learned counsel for the petitioner invited our attention to the decision in Dr. P.S. Rao v. The Union

Commissioner of Income-tax Vs. Thanthi Trust

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 4, 11, 11(1), 11(4), 12, 13, 143(2), 148 and 256(2)

Reported in : (1981)23CTR(Mad)155; [1982]137ITR735(Mad)

for exemption under s. 360(1)(c) of the Income and Corporation Taxes Act, 1970, and s. 35(1) of the Finance Act, 1965, the court held that a charitable institution which makes an outright transfer of money applicable for charitable purposes … 1, 1954. The Indian I.T. Act, 1922, was replaced by the I.T. Act, 1961, on April 1, 1962. Section 11 of the 1961 Act was slightly different from the corresponding provision in s. 4(3)(i) of the 1922

Commissioner of Income-tax, Bombay City-vi Vs. Trustees of the Jadi Tr ...

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 11, 11(1), 12, 12(2), 16, 60, 61, 62, 63, 160(1) and 161(1)

Reported in : [1982]133ITR494(Bom)

under s. 360 (1) of the Income and Corporation Taxes Act, 1970, and s. 35 (1) of the Finance Act, 1965 on the ground that the income was paid to another charitable body, viz., ' the foundation', though the … or will, applicable to charitable purposes only, and so far as it is applied to charitable purposes only....'19. Section 35 (1) of the Finance Act, 1965, provides (p. 160) :'Subject to subsection (2) of this section a gain

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

Subject : Direct Taxation

w.e.f. 1-4-1989. Earlier, it was amended by the Finance Act, 1963, w.e.f. 1-4-1963, Finance Act, 1964, w.e.f. 1-4-1964, Finance Act, 1965, w.e.f. 1-4-1965, Finance Act, 1968, w.e.f. 1-4-1969, Finance (No. 2) Act, 1971, w.e.f. 1-4-1972, Finance Act, 1984, w.e.f. … a restriction on unabsorbed depreciation and unabsorbed investment allowance for limited period in case of certain domestic companies. Section 35 deals with expenditure on scientific research, section 35AB deals with expenditure on know-how and section 35ABB deals with