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income-tax Officer Vs. Shri Krishna Bhandar Trust

Court : Income Tax Appellate Tribunal ITAT Kolkata

Subject : Direct Taxation

Reported in : (1989)29ITD15(Kol.)

total world income of the beneficiary if such course would result in a benefit to the revenue.20. The Finance Act, 1965 omitted the words "total world income" with effect from 1-4-1965, consequent on the deletion of Section 113 with … view by the decision of the Supreme Court in the case of Trustees of H.E.H.Nizam's Family Trust (supra). Section 41 of the Indian Income-tax Act, 1922 and the proviso thereto are analogous to Section 160(1) and 160(4) of

Government of Karnataka Vs. M.R. Thammaiah

Court : Karnataka

Subject : LimitationCivil

Acts : Karnataka Excise Act, 1965 - Sections 17 and 69; Limitation Act, 1963 - Article 24; Karnataka Excise Act, 1965; Evidence Act, 1872 - Sections 156

Reported in : ILR1987KAR3538

the following 7 issues :-1. Is the suit barred by virtue of Section 68 of the Mysore Excise Act, 1965 ?2. Is the suit barred under Section 69 of the Mysore Excise Act, 1965 as alleged in para … a binding precedent. The language of Section 69 of the Act is in pari materia with Sub-section (2) Section 41 of the Hyderabad Abkari Act. Section 41 of the Hyderabad Abkari Act reads as under ;'41(1). No action … Act which enables the State Government to collect revenue to augment its finances and as observed by the Supreme Court in State of Orissa -v.-Harinarayan,

Commissioner of Income-tax Vs. English Electric Company Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80E and 80I; Income Tax (Amendment) Act, 1968; Finance Act, 1972; Finance (No. 2) Act, 1980

Reported in : (1980)17CTR(Mad)312; [1981]131ITR277(Mad)

on the question set out already.3. Section 80E was introduced in the statute by Section 14 of the Finance Act of 1966. Before the introduction of this provision, under the Finance Act of 1965, in the case of … AAC agreed with this contention and directed computation of the 8% referred to under Section 80E on Rs. 41,15,301, which was the profit earned from the priority industry in the relevant year. The revenue appealed to the

Smt. Indu Barua Vs. Commissioner of Wealth-tax, North Eastern Region

Court : Guwahati

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 14(1), 14(2), 17, 18 and 18(1); Code of Civil Procedure (CPC) , 1908 - Sections 41 - Order 5, Rule 15

of the Wealth-tax (Amendment) Act, 1964, and with effect from April 1, 1969, by Section 24 of the Finance Act, 1969, in the view that the default was a continuing one (2) Whether, on the facts and in … of the Wealth-tax Act, 1957, as it stood up to March 31, 1965, and then as substituted with effect from April 1, 1965, by Section … there was valid and legal service of the notice on the assessee in accordance with the provisions of Section 41 of the Wealth-tax Act, 1957, read with Order 5, Rule 15 of the Code of Civil Procedure, as

Bharath Earth Movers Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32 and 37

Reported in : ILR2000KAR2975; [2000]244ITR547(KAR); [2000]244ITR547(Karn)

the statutory provisions is evidently to encourage investment in machinery and plant.'11. Sections 41 and 44 of the Finance Act, 1971, dealt with allowances, the first year allowance and written down allowance subject to the condition that the … that the assessee is a public sector undertaking. The assessment for the assessment year 1984-85 was completed under Section 143(3) on March 30, 1987, and since according to the Commissioner, the assessment was prejudicial to the interests

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2; Finance Act, 1965 - Sections 68; Income Tax Act, 1961

Reported in : [1980]124ITR783(Bom)

and in the circumstances of the case, any part of the tax paid under Section 68 of the Finance Act, 1965, was a ' debt owed ' on the relevant valuation dates within the meaning of Section 2(m) of

Indian Young Lawyers Association Vs. The State of Kerala

Court : Supreme Court of India

Subject : Education

may presently deal with the statutory provisions of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Act, 1965. Section 2 of the said Act is the definition clause and reads as under: “2. Definitions.- In this Act, … women are not permitted to offer prayers in the temple. Namboodiri, a 41. Since the deity is in the form of a Naisthik Brahmachari, it … if so, is it permissible on the part of a 'religious denomination' managed by a statutory board and financed under Article 290-A of the Constitution of India out of the Consolidated Fund of Kerala and Tamil Nadu

The Commissioner of Income-tax, Gujarat, Ahmedabad Vs. Kamalini Khatau

Court : Gujarat

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 4, 5, 159 to 165 and 166

Reported in : AIR1978Guj162; [1978]112ITR652(Guj)

treated as income of a fictional association of persons but instead of applying the rate applicable under the Finance Act of the year concerned to an association of persons, option is given to the tax authorities to apply … v. R ' L. Aggarwal & Co., (1965) 56 ITR 20: (AIR 1965 SC 1526) the question was again of an agent in India of … were to apply accordingly. Sub-section, (2) of S. 40 is not material for the purposes of this judgment. Section 41 sub-section (1) provided as follows: "In the case of income, profits or gains chargeable under this Act which

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 … was held in Trustees of the 'Tribune', In re [1939] 7 ITR 415, the said objects cannot now be considered as charitable objects in view

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 … the question it required investigation or elaborate arguments on facts or law. 41. The assessment year involved in this case is the assessment year 1966-67. … 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.