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Sep 06 1978

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Decided on : Sep-06-1978

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 … look into the proviso to Section 26 (1) of the Finance Act, 1965 and subsequently incorporated in Section 57(1) of the 1964 Act and Section 76(1) of the 1965 Act. These sections by their provisos clearly exempt

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Jun 27 1978

Bhawanidas Binani Vs. Commissioner of Wealth-tax

Court : Mumbai

Decided on : Jun-27-1978

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 … amount initially disclosed, viz., Rs. 16,16,193, the assessee was liable to pay tax at the flat rate of 57% of the amount disclosed, which was duly paid before the stipulated date. With regard to the further disclosure

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Jul 14 1980

Maharashtra State Electricity Board Vs. M.C. Chitale and Others

Court : Mumbai

Decided on : Jul-14-1980

Subject : Labour and Industrial

Acts : Bonus Act, 1965 - Sections 2(11), 2(16), 10(1) and 32; Industrial Disputes Act, 1947 - Sections 12(5); Merchant Shipping Act, 1958 - Sections 3; Dock Workers (Regulation of Employment) Act, 1948; State Financial Corporations Act, 1951 - Sections 3A; Companies Act, 1956 - Sections 617; Electricity (Supply) Act, 1948 - Sections 1, 5, 12, 26, 57, 59, 67 and 80; Indian Electricity Act, 1910; Industrial Disputes Act - Sections 2; Warehousing Corporation Act, 1962; Industrial Development Bank of India Act, 1964; Unit Trust of India Act, 1944; Food Corporation Act 1964; Bank of India Act, 1955; Life Insurance Corporation Act, 1946; Deposit Insurance Corporation Act, 1961; Oil and Natural Gas Commission Act, 1959

Reported in : [1980(41)FLR199]; (1981)ILLJ462Bom

by the Reserve Bank of India;(ix) Employees employed by -(a) the Industrial Finance Corporation of India;(b) any Financial Corporation established under S. 3 or any … Mohta, J.1. Point of some importance regarding the applicability of the Payment of Bonus Act, 1965, ('Bonus Act' for short) to the Maharashtra State Electricity Board, is involved in the present petition.2. To discuss … Electricity Act. Duties and obligations of a licensee have been specified in various Schedules of the Electricity Act. Section 57 of the Supply Act provides for application of the provisions of Sixth Schedule and Seventh Schedule to a

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Mar 04 1982

O.C.M. Ltd. Vs. Commissioner of Income-tax and anr.

Court : Allahabad

Decided on : Mar-04-1982

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 237, 242, 263, 264 and 264(1); Finance Act, 1965

Reported in : (1982)29CTR(All)295; [1982]138ITR689(All); [1982]10TAXMAN209(All)

Ltd. Apart from this, in view of Clause 2(b)(ii) of Pt. II of the First Schedule to the Finance Act, 1965, the petitioner was not liable to pay any super-tax and that being so the deduction of super-tax at … has been laid down in that case thus (headnote) : ' The power to make a reference under Section 57 (of the Stamp Act) is not only for the benefit of the Chief Controlling Authority but enures also

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Dec 27 2004

Goa Carbon Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Decided on : Dec-27-2004

Subject : Direct Taxation

Reported in : (2005)2SOT152(Mum.)

1st Schedule to the Finance Act, 1964, item 3 of part 111 of 1 st Schedule to the Finance Act, 1965 and item 3 in both the Fifth & Sixth Schedules to the Income Tax Act, 1961.Circular No. 57 … these appeals have been raised in respect of manufacture and export of Calcined Petroleum Coke for Deduction under section 80HHC.The main dispute in all these appeals is regarding denial of deduction under section 80HHC on the ground

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Apr 07 1981

Ahmed Ibrahim Sahigra Dhoraji Vs. Commissioner of Wealth Tax, Gujarat

Court : Supreme Court of India

Decided on : Apr-07-1981

Subject : Direct Taxation

Acts : Wealth Tax Act, 1957 - Sections 2, 17, 16(3), 27 and 29(1); Finance Act, 1965 - Sections 68, 68(1), 68(2), 68(3), 68(4), 68(5), 68(6) and 68(7); Income Tax Act, 1922 - Sections 3; Income Tax Act, 1961 - Sections 4; Excess Profits Tax Act, 1940; Business Profits Tax Act, 1947; Companies (Profits) Surtax Act, 1964; Finance Act, 1951; Finance Act, 1953

Reported in : AIR1981SC1562; (1981)21CTR(SC)356; [1981]129ITR314(SC); 1981(1)SCALE694; (1981)3SCC77; [1981]3SCR402

respect of income-tax payable on the concealed income disclosed by the assessee pursuant to Section 68 of the Finance Act, 1965 is deductible under Section 2(m) of the Wealth-tax Act, 1957, in computing the net wealth of the assessee

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Sep 04 1970

Hajee K. Assainar Vs. Commissioner of Income-tax, KeralA.

Court : Kerala

Decided on : Sep-04-1970

Subject : Direct Taxation

Reported in : [1971]81ITR423(Ker)

the provisions of section 271(1)(c) of the Act as they stand after the amendments effected therein by the Finance Act, 1964. By the said amendment the word 'deliberately', which originally occurred in clause (c) of sub-section (1), was … prescient case which culminated in the order passed by the Inspection Assistant Commissioner of Income-tax on February 20, 1965. It is no doubt true that if a statute deals merely with matters of procedure and does not

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May 01 1989

Commissioner of Income Tax, Lucknow Vs. Bazpur Co-operative Sugar Fact ...

Court : Supreme Court of India

Decided on : May-01-1989

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 36(1) and 37

Reported in : [1989]177ITR469(SC); JT1989(2)SC562; 1989Supp(2)SCC240; [1989]2SCR840

to the credit of the members at any time before the payment of the loan to the Industrial Finance Corporation of India, that the loan was still outstanding on 30 June 1967, the last day of the … the provisions of Section 57 of the Uttar Pradesh Co-operative Societies Act, 1965?11. The High Court agreed with the view taken by the Appellate Tribunal … the bye laws for any services rendered by him to the co-operative society.8. The Appellate Tribunal held that Section 57 was not relevant as the payment of interest to the shareholders, on the amounts deposited by them, did … purpose of its business. He held that Section 36(1)(iii) of the Income-tax Act did not apply to such interest and that it was not admissible

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Jul 23 1984

Commissioner of Income-tax Vs. Kishanlal and Sons (Udyog) Pvt. Ltd.

Court : Kolkata

Decided on : Jul-23-1984

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 32, 32(2), 33, 33(2), 36 and 57

Reported in : (1985)47CTR(Cal)37,[1985]154ITR735(Cal)

same.6. In the assessment year 1970-71, the assessee had borrowed money on interest from one Utkal Properties & Finance Private Ltd. Money was also advanced by the assessee to the said New Era Fabrics Private Ltd. The … making or earning'any income under the head 'Other sources' and as such the same was not admissible under Section 57 of the I.T. Act, 1961.9. Being aggrieved, the assessee went up on further appeal before the Income-tax Appellate … into account that Rs. 52,405 had been brought forward from the year 1965-66 as unabsorbed depreciation. 20. The Tribunal set aside the order of the

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Mar 24 1994

Commissioner of Income-tax Vs. Modi Rubber Ltd.

Court : Delhi

Decided on : Mar-24-1994

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 and 57

Reported in : (1994)120CTR(Del)74; ILR1995Delhi239; [1994]208ITR379(Delhi)

to that amount also. In this case, the assessed-company had borrowed considerable sums of money from the Industrial Finance Corporation of India for the installation of machinery and plant, and during the relevant period and for the … interest were income from other sources and that the expenditure incurred was not an allowable deduction even under section 57 of the Act. The court approved the decision of the Tribunal and said that the clause of the … CIT v. Bokaro Steel Limited (No. 1) 0043/1987 : [1988]170ITR522(Patna) (assessment years 1965-66 to 1971-72), and Bokaro Steel Ltd. v. CIT (No. 2) 0044/1987 :

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