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Smt. P. Balammal, Karur Vs. the Controller of Estate Duty, Madras

Court : Chennai

Subject : Other Taxes

Acts : Estate Duty Act, 1953 - Sections 36 and 44; Voluntary Disclosure of Income and Wealth Act, 1976; Income Tax Act, 1922; Income Tax Act 1961; Finance Act 1965 - Sections 68; Wealth Ordinance Act, 1975

Reported in : (2004)189CTR(Mad)147

mean that he was not liable to pay tax. The Court also held that Section 68 of the Finance Act 1965 under which the declaration was made prescribed the procedure for assessment of the concealed income but the liability … dealt with the deductibility of estate duty paid in determining the principal value of the estate either under Section 36 or 44 of the Act. The Supreme Court held that the amount of estate duty paid is not

J.K.K. Angappan and Bros. Vs. Commissioner of Income-tax

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 220(2); Finance Act, 1965 - Sections 68; Finance (No. 2) Act, 1967 - Sections 1, 46 and 156

Reported in : [1973]91ITR513(Mad)

Ramanujam, J. 1. The petitioners made a voluntary disclosure of income under Section 68 of the Finance Act, 1965. The tax payable on the income so voluntarily disclosed amounted to Rs. 15,55,500. The said tax was due … called the Finance (No. 2) Act, 1967. (2) Save as otherwise provided in this Act, Sections 2 to 36 and 44 to 46 shall be deemed to have come into force on the 1st day of April,

Apsfdc Ltd., Employees Union Vs. Govt. of A.P. and Another

Court : Andhra Pradesh

Subject : Labour and Industrial

Acts : Payment of Bonus Act, 1965 - Sections 36; Constitution of India - Article 12, 21, 226; Indian Companies Act, 1956 - Sections 8, 10, 11, 19, 20 & 22

Reported in : 2001(1)ALD229; 2001(1)ALT99; (2001)ILLJ1002AP

of the power under Section 36 of the Act. The record contains a DO letter addressed by the Finance Department to the Principal Secretary to Government, Environment, Forest, Science and Technology Department, in which it is inter … by the impugned Governmental Order in exercise of the power under Section 36 of the Payment of Bonus Act, 1965 kept the operation of all the provisions of the said Act under suspension with an intent to 'contain

Sultan Singh Vs. State of Rajasthan and anr.

Court : Rajasthan

Subject : Trust and Societies

Reported in : 1988WLN(UC)244

3 even in the absence of any ground mentioned in Sub-section (1) of Section 36, without consulting the financing bank under Sub-section (6) of Section 36 and without giving an opportunity of hearing to the Committee or … stated that there was no question of the compliance of the provisions of Sub-sections (1) and (6) of Section 36 and Sub-rules (2) and (4) of Rule 38 after the passing of the order Ex.P 6 under Section … and for declaration that the provisions of Section 139, Rajasthan Co-operative Societies Act, 1955 (here in after referred to as 'the Act') and Rule 110, … There will be no order as to costs. Rajasthan Co-operative Societies Act, 1965--Section 139 and Rajasthan Ca-aperative Societies Rules, 1966--Rule 110--Validity of--Held, Section 139 and

Praja Sahkari Udyog Bharatpur Ltd. Vs. Joint Registrar, Co-operative S ...

Court : Rajasthan

Subject : Trusts and Societies

Acts : Multi Unit Co-operative Societies Act, 1942 - Sections 3 and 5B; Rajasthan Co-operative Societies Act, 1965 - Sections 36, 123(6) and 150; Constitution of India - Article 226

Reported in : AIR1982Raj205; 1981()WLN650

36 of the Rajasthan Act. No consultation was ever made to the financing bank of the society as required under Section 36 of the Rajasthan … Act, 1942 (hereinafter referred to as the Central Act). It was originally registered under the Rajasthan Co-operative Societies Act, 1965 (hereinafter referred to as the Rajasthan Act) on 3-11-1971 vide registration No. 2079 and later on sought an … Joint Registrar by virtue of powers vested in him under Multi Unit Co-operative Societies Act, 1942 read with Section 36 of the Rajasthan Co-operative Societies Act has removed the Board of Management of the society and appointed the

Commissioner of Sales Tax, Maharashtra State, Bombay Vs. Rajendra Moto ...

Court : Mumbai

Subject : Sales Tax

Acts : Andhra Pradesh General Sales Tax Act, 1957 - Sections 14, 14(1), 16(4), 17(1), 36 and 38; Bombay Sales Tax Act, 1959 - Sections 14, 14(1), 17, 18, 33, 35, 36, 36(2), 36(3), 38, 38(4) and 61(1)

Reported in : [1985]59STC155(Bom)

material portion of sub-section (2) of section 220, as it stood prior to the amendment effected by the Finance Act, 1965 read thus :'If the amount specified in any notice of demand under section 156 is not paid within … in the circumstances of the case, the Tribunal was correct in law in holding that the provisions of section 36(3) as amended with effect from 11th May, 1973 regarding the rates at which the penalty is to be

Vanaja Textiles Ltd. Vs. Commissioner of Income-tax

Court : Kerala

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1) and 40A(7); Payment of Bonus Act, 1965

Reported in : (1994)118CTR(Ker)372; [1994]208ITR161(Ker)

48) : 'The benefit was essentially of a revenue character because the company became able more easily to finance its day-to-day transactions, and more efficiently to carry on its day-today manufacture'.42. We may now refer to what … to an employee in a factory or other establishment to which the provisions of the Payment of Bonus Act, 1965, do not apply can be claimed as a deduction under Section 36(1)(ii) of the Income-tax Act, 1961, only

The Hutti Gold Mines Kamgar Sangh Vs. Government of India and ors.

Court : Andhra Pradesh

Subject : Labour and Industrial

Reported in : (1973)ILLJ46AP

Lakshmaiah, J.1. The constitutional validity of Sub-section (10) of Section 32 of the Payment of Bonus Act, 1965 is assailed in this writ petition filed by Hutti Gold Mines Kamgar Sangh, against their employer, the Hutti … of accounting does not permit this.7. The Legislature, the counter proceeds further, gives power to the Government under Section 36 of the Act to exempt certain establishments or classes of establishments from all or any of the provisions … on the ground that some of them are employed by a company financed by it and the others by companies floated by private enterprise. These

Commissioner of Income-tax Vs. Sree Kamakhya Tea Co. (P.) Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Payment of Bonus Act, 1965; ;Income Tax Act, 1961 - Sections 36(1) and 43B; ;Finance Act, 1987 - Section 36(1)

Reported in : [1993]199ITR714(Cal)

We may, however, add that Clause (va) has been inserted in Sub-section (1) of Section 36 by the Finance Act, 1987. The effect of the amendment is that no deduction will be allowed in the assessment of the … there was no full allocable surplus during the year as per the provisions of the Payment of Bonus Act, 1965, the Tribunal was correct in law in holding that the bonus payment up to 20% of salaries/wages made

State Bank of Travancore Vs. Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 5, 10, 10(2), 28, 29, 36, 36(1), 36(2), 56, 57, 145, 145(1), 147 and 263

Reported in : AIR1986SC757; (1986)2CompLJ126(SC); (1986)50CTR(SC)290; [1986]158ITR102(SC); 1986(1)SCALE34; (1986)2SCC11; [1986]1SCR25; 1986(2)LC208(SC)

Ltd. 143 I.T.R. 386 and one decision of the Punjab and Haryana High Court in C.I.T. v. Ferozepur Finance (P) Ltd. 124 I.T.R. 619 where a view has been taken that it will be totally unrealistic to … and claim deduction under s. 36 (1) (vii) of the Income Tax Act 1961. In holding that these three sums were taxable as income in … not merely to cases of interest accruing to banks and financial institutions. Moreover, such extension will entrench upon section 36 (1) (vii) which provides for deduction of a debt or part thereof on its becoming bad on fulfilment … 57,889, representing interest on !sticky! advances, as income for the assessment years 1965-66, 1966-67 and 1967-68 respectively was justified in law? (2) Whether on the