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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 … in K. P. Varghese v. ITO : [1981]131ITR597(SC) . The Supreme Court was concerned with the interpretation of section 52(2). Literally interpreted, it said, the provision suggested that the Legislature had imposed a liability to tax on an

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. … (1989(39) ELT 169 (S.C.) (g) Indus Towers Ltd. Vs. CTO, Hyderabad, ((2012) 52 VST 447), (VIII) That it is impossible to conceive that the telecommunication

Century Club Vs. Commissioner of Service Tax

Court : Karnataka

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 65(25), 65(51), 65(52) and 65(105); Mysore Sales Tax Act - Sections 2I; Karnataka Societies Registration Act; Karnataka Shops and Establishments Act, 1963; Karnataka Shops and Commercial Establishments Act; Constitution of India - Articles 14 and 29; Mysore Societies Regulation No. III of 1904

Reported in : 2010[17]STR337

not come within the definition of service rendered under any one of the above referred provisions of the Finance Act, 1994. Therefore it does fall within the definition of health and fitness service and club or association service. … would arise for consideration.4. The second ground of attack of the impugned order, by placing strong reliance upon Sections 65(25a) and 65(51) and Section 65(52) that the appellant club does not come within the definition of service

Asian Paints (India) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Mumbai

Subject : Direct Taxation

Reported in : (1990)34ITD268(Mum.)

period.In support of this argument, Shri Dastur referred us to circular No.308 dated 29-6-1981 containing explanatory notes on Finance Act, 1981.In particular, Shri Dastur relied on paragraphs 19.1 to 19.3 dealing with amendment of Eleventh Schedule (pages 898 … Court in the case of Padma Charan Mohapatra v. Supdt. of Police cum Taxing Authority of Phulbani AIR 1965 Ori. 71 and 72 where the Orissa High Court held that the expression "within 15 days" occurring in … CIT v. Madurai Mills Co. Ltd. [1973] 89 ITR 45 at page 52. Shri Dastur argued that if there was any doubt about the language … the CIT (A) erred in rejecting the claim of the appellant Under Section 80J in respect of its Krilo Unit which commenced production from 1-4-1981.

Assistant Controller of Estate Duty and ors. Vs. Prayag Dass Agarwal

Court : Supreme Court of India

Subject : Other Taxes

Acts : Estate Duty Act, 1953 - Sections 5(1), 35, 51, 52, 52(1), 52(3), 85 and 85(1); Constitution of India - Articles 136 and 226; Estate Duty Rules - Rule 18; Finance Act, 1910 - Sections 48, 56, 56(1) and 56(2); Direct Taxes (Amendment) Act, 1964 - Sections 52; Central Boards of Revenue Act, 1963 - Sections 2; Finance (Amendment) Act, 1946 - Sections 49, 50 and 51; Finance (Amendment) Act, 1949; Finance (Amendment) Act, 1975 - Sections 22

Reported in : AIR1981SC1263; (1981)22CTR(SC)118; [1981]129ITR404(SC); 1981(1)SCALE786; (1981)3SCC181; [1981]3SCR576; 1981(13)LC513(SC)

introduced into the Act, it was not accepted by the Indian Finance Minister. Section 49 of the British Finance Act 1946 (9 & 10 Geo 6 C. 64) provided that the Commissioners of Inland Revenue could accept any … person.7. The legal position in the United Kingdom as it existed in 1965 in so far as transfer of real and leasehold property in payment … 1. The question which arises for consideration in this appeal by special leave is whether under Section 52 of the Estate Duty Act, 1953 (hereinafter referred to as the Act) the Central Government is bound to

In Re: Dhv Consultants Bv

Court : Authority for Advance Rulings

Subject : Direct Taxation

Reported in : (2005)197CTRAAR105

Sections 2(24), 4, 10(6), 28 to 44C, 44D, 52(1), 52(2), 57, 90, 115A, 115A(1), 115A(3), 206C and 245Q(1); Finance Act, 1975; Income Tax Act, 1922 In Re: Stanley Keith Kinnett, (1999) 238 ITR 155 (AAR); Karamat Khan v.CIT, … Court in the case of K.P. Varghese v. ITO and Anr. wherein, while interpreting the provisions contained under Section 52(1) and Section 52(2) of the Act, it was held as under : "We must not adopt a strictly

Deutsche Morgan Grenfell Group Plc (Respondents) Vs. Her Majesty's Com ...

Court : House of Lords

Subject : Land Acquisition

(paras 6 and 7) and a brief summary will therefore suffice. Corporation tax was first introduced by the Finance Act 1965. The structure of the tax was radically altered by the Finance Act 1972 with the introduction of ACT, … decided that these arrangements infringed the right of establishment guaranteed by article 52 (now 43) of the EC Treaty in that they discriminated against companies … subject to an exception if the dividend was paid to a parent company in the same group. Under section 247 of the Income and Corporation Taxes Act 1988 the company and its parent could jointly make a

Wealth-tax Officer Vs. Niranjan Narottam (individual)

Court : Income Tax Appellate Tribunal ITAT Ahmedabad

Subject : Direct Taxation

Reported in : (1985)14ITD27(Ahd.)

would have been worded like Section 29(c)(ii).Illustrating the process further, the learned counsel referred to the provisions of Section 52 of the Income-tax Act, 1961 ('the 1961 Act') amended by the Finance (No. 2) Act, 1977, with effect … department pointed out that the question at issue was whether Section 7(4) inserted by Section 27(3)(b) of the Finance Act, 1976, is effective prospectively from the assessment year 1976-77 onwards or is applicable retrospectively for an earlier year … and would not support the present stand of the assessees.3. Copiously quoting from Bindra's Statutes and General Clauses Act, 1965, Fourth edn., the learned counsel has referred to the distinction between substantive and adjective law. The purpose of

Om Shanti Silks and Another Vs. Assistant Commissioner of Commercial T ...

Court : Karnataka

Subject : Sales Tax

Reported in : [1998]110STC449(Kar)

The understanding of the law at the earliest point of time of its enactment cannot be ignored. The Finance Act, 1964, amended section 52(2) of the Income-tax Act, 1961; this was understood in a particular manner by the

The Canara Bank (a Govt. of India Undertaking) Rep. by Its Chairman an ...

Court : Andhra Pradesh

Subject : Banking

Acts : Banking Regulation Act, 1949 - Sections 45(7); Canara Bank Officer Employee's (Discipline and Appeal) Regulations, 1976

Reported in : 1991(1)ALT446

scheme of amalgamation dated August 23, 1985. formulated by the Ministry of Finance, Government of India. A charge sheet dated May 4, 1985 was issued … against the respondent-Professor. It so happened that the enquiry report was made under the Kashmir and Jammu Universities Act, 1965 which was later repealed. Thereafter the services of the Professor were not extended by the Chancellor as contemplated … was later repealed. Thereafter the services of the Professor were not extended by the Chancellor as contemplated under Section 52 (4) of the Kashmir and Jammu Universities Act, 1969 within sixty days as stipulated therein. As a result