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Feb 03 1978

Seshasayee Paper and Boardas Ltd. Vs. Deputy Director of Inspection, C ...

Court : Chennai

Decided on : Feb-03-1978

Subject : Direct Taxation

Reported in : [1978]114ITR616(Mad)

tax credit certificate should also the special excise duty payable by the company under section 27(4) of the Finance Act, 1973.3. The amount of tax credit certificate to which the company is entitiled should be determined item-war and … section the Government of India framed a scheme called 'Tax Credit Certificate (Excise Duty on Excess Clearance) Scheme, 1965,' hereinafter referred to as the scheme. Under the provisions of the said scheme the amount of tax credit … was hled that the exemption granted to the co-operative banks by section 81(i)(a) in respect of income-tax payable by them cannot extend to the amount

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Sep 22 1981

Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Decided on : Sep-22-1981

Subject : Direct TaxationExcise

Acts : Income Tax Act, 1961 - Sections 27, 81, 99(1), 280ZD and 280ZD(6)

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

3. The statement of case, in brief, as per the averments of the writ petitioner i : The Finance Act, 1965, provided for the grant of tax credit certificates by inserting Chapter XXII-B in the I.T. Act, 1961, through … the grant of tax credit certificates by inserting Chapter XXII-B in the I.T. Act, 1961, through s. 280ZD. Section 280ZD provides, inter alia, for the grant of tax credit certificates in relation to increased production of goods … of banking, which income is exempt from income-tax and super-tax under sections 81(i)(a) and 99(1)(v) of the Income-tax Act, 1961. Even if the surcharge is

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Sep 21 2007

Mr. Giridhar Krishna Vs. Asst. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT

Decided on : Sep-21-2007

Subject : Land Acquisition

Copal Jalan and Co., v. Calcutta Stock Exchange Association Ltd. ; Syndicate Bank Ltd. v. Addl. CIT P.N.B. Finance Ltd. v. Commissioner of Income-tax (2001) 252 ITR 491 (Del); and Miss. Dhun Dadabhoy Kapadia v. Commissioner of … right to purchase new shares of the company is covered by the provisions of Section.81 of the Companies Act, 1965. This Section provides that in the event of the company after two years from the formation or on

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Apr 20 1965

Kantilal Popatlal Shah and ors. Vs. State of Gujarat and anr.

Court : Gujarat

Decided on : Apr-20-1965

Subject : Municipal TaxConstitution

Acts : Bombay Finance Act, 1932 - Sections 20, 21, 21(1), 21(7), 22, 23, 24, 24(2), 58(1) and 76; Constitution of India - Articles 14, 19(1), 143, 226 and 245; Bombay Municipal Boroughs Act, 1925 - Sections 69(1), 75, 76, 77, 78, 79, 80, 81, 81(2), 81(3), 81(4), 82, 84, 124, 490 and 493; Valuation and Taxation Rules - Rules 243, 320, 321 and 350A; Bombay Finance (Amendment) Act, 1939; Bombay Provincial Municipal Corporations Act, 1949; Delhi Laws Act, 1912; Travancore Cochin Land Taxes Act, 1955 - Sections 5A

Reported in : AIR1966Guj268; (1966)GLR96

In regard to Government taxation too there were various taxes levied by the Provincial Government under the Bombay Finance Act, 1932, but there was no tax on open lands or for the matter of that even on buildings. … to two appellate officers the powers and duties of the Standing Committee under Sub-sections (2) and (3) of Section 81 in regard to the assessment lists for the official years 1947-48 to 1949-50. The six appellate officers thereupon

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Feb 18 2000

Sri Parimal and anr. Vs. State and ors.

Court : Patna

Decided on : Feb-18-2000

Subject : Civil

existing under Sections 196 to 201 of the Municipal Act, will be deemed have been was repealed by Section 81 of the Finance Act and similar provisions, in their place, as Sections 62 to 80 were brought into … 30.11.1994 on payment of 5.5 lacs. According to the petitioners, in view of the provisions of the Bihar Finance Act, 1981 (Part II) (In short 'the Finance Act'), they had obtained permission of the Sales Tax Department for

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Apr 06 1976

Nilgiris Potato Growers Co-operative Marketing Society Ltd. Vs. Commis ...

Court : Chennai

Decided on : Apr-06-1976

Subject : Direct Taxation

Reported in : [1978]111ITR375(Mad)

of the income from the business having regard to the provisions of the income-tax Act, 1961, and the Finance Act, 1963, applicable to the present case. The Tribunal noticed :'It is unfortunate, however, that in the orders of … assessment, the Income-tax Officer set in motion the proceedings under section 154. In his order of 12th August, 1965, he wrote as follows :'In the original assessment made on August 20, 1963, (i) super-tax was omitted to … gains of the business carried on by it by virtue of sections 81 and 99 of the Income-tax Act, 1961, as it was in force

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Jan 19 1994

Parvatibai and Another Vs. Maharashtra Revenue Tribunal and Others

Court : Mumbai

Decided on : Jan-19-1994

Subject : Property

Acts : Maharasthra Agricultural Lands (Ceiling on Holdings) Act, 1961 - Sections 2(32), 3, 12, 17 and 47(1); Bombay General Clauses Act, 1904 - Sections 2(26) and 3(31); Maharashtra Regional and Town Planning Act, 1966 - Sections 2(15); Nagpur Improvement Trust Act, 1936 - Sections 4, 16, 24C, 25, 27, 36, 52, 59, 68, 70, 73, 76, 77, 83, 84 and 88; Maharashtra Land Revenue Code, 1966 - Sections 2(5A); Payment of Bonus Act, 1965 - Sections 32; City of Nagpur Corporation Act, 1948; Local Authorities Loans Act, 1914; Delhi Development Act, 1957 - Sections 23 and 37

Reported in : AIR1995Bom19; 1994(2)MhLj1398

provides in respect of the taxation while Chapter VIII provides for the finance. Section 77 provides that the duty imposed by the Indian Stamp Act, … to whether the Delhi Development Authority was a local authority within the purview of the Payment of Bonus Act, 1965. Section 32 of the Act provided that no provision of Payment Bonus Act was applicable to the employees employed … per cent on the value of the property so situated, thus providing funds for the Nagpur Improvement Trust. Section 81 in Chapter VIII speaks of the Trust fund. Under that provision, a Trust Fund shall be formed for

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Feb 28 2005

M.N. Dastur and Co. Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Kolkata

Decided on : Feb-28-2005

Subject : Service Tax

Acts : Finance Act, 1994 - Sections 65, 65(13), 65(48), 66, 68, 68(2) and 81; ;Central Excise Act; ;General Clauses Act, 1897 - Section 2(42); ;Central Excise and Salt Act, 1944; ;Indian Partnership Act, 1932 - Section 4; ;Companies Act, 1956 - Section 3(1); ;Companies (Profits) Surtax Act, 1964; ;Income Tax Act; ;Bihar Land Reforms Act - Section 2(O); ;Service Tax Law - Section 65; ;Service-tax Rules, 1994 - Rule 6 and 6(1)

Reported in : [2005]128CompCas618(Cal),(2005)197CTR(Cal)633,2006[4]STR3

legal concepts, one cannot mean the other unless so specified under the relevant Act. This is apparent from Section 81 of the Finance Act, 1994, wherein the Explanation was appended to include a firm within the expression 'company'. … to whether the expression 'engineering firm' used in the definition of consulting engineer in Section 65(13) of the Finance Act, 1994, Chapter V relating to service tax includes a company.Submission on behalf of the appellants :2. Dr. Pal

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Jul 16 2009

Udaipur Sahkari Upbhokta Thok Bhandar Ltd. Vs. Commissioner of Income- ...

Court : Supreme Court of India

Decided on : Jul-16-2009

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80P(2) and 81; Income Tax Act, 1922 - Sections 14 and 14(3); Rajasthan Co-operative Societies Act, 1965; Essential Commodities Act, 1955 - Sections 3 and 3(2); Finance Act, 1955 - Sections 10; C.P. and Berar Sales Tax Act, 1947 - Sections 2; Bengal Finance (Sales Tax) Act, 1941; Cement Control Act; Sales Tax Act; Sale of Goods Act; Law of Contract Act; Essential Supplies (Temporary Powers) Act, 1946; Madras General Sales Tax Act; Madras Foodgrains Control Order, 1947; Madras Co-operative Societies Act; Rajasthan Foodgrains and Other Essential Articles (Regulation of Distribution) Order, 1976; Rajasthan Foodgrains Dealers Licensing Order, 1964

Reported in : (2009)224CTR(SC)538; [2009]315ITR21(SC); JT2009(9)SC500; 2009(9)SCALE551; (2009)8SCC393; [2009]182TAXMAN287(SC); 2009(8)LC3527(SC); 2009(7)SCC393

Section 14(3) and Section 14(3) was originally introduced in the Income-tax Act, 1922, by Section 10 of the Finance Act, 1955. Section 14(3) when originally introduced was, however, in a different form and it read as follows:14. (3) … undisputed and may be briefly stated as follows. Appellant-society is a co-operative society registered under Rajasthan Co-operative Societies Act, 1965. Appellant is running a consumer co-operative store at Udaipur since 1963. It has 30 branches. Appellant is dealing … of its godowns?10. To answer the above question, we quote hereinbelow Section 14(3)(iv) of the Income-tax Act, 1922, Section 81(iv) and Section 80P(2)(e) of the 1961 Act which read as under:Income-tax Act, 1922Section 14. Exemption of a general

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May 22 2009

The Budhewal Co-operative Sugar Mills Ltd. Vs. Commissioner of Income ...

Court : Punjab and Haryana

Decided on : May-22-2009

Subject : Direct Taxation

Reported in : (2009)225CTR(P& H)261; (2009)156PLR215

of power conferred on him under Section 60 of that Act itself. The 1922 Act was amended by Finance Act, 1955 whereby Sub-section (3) to Section 14 was inserted thereto and the exemption provision was made very wide. … EEC treaty as to agriculture (classified according to the Brussels Nomenclature of 1965) are mentioned in para 1845. Sugar is one of them.28. Further, as … their members. On coming into force of the IT Act, 1961, Section 14(3) of the 1922 Act became Section 81 of the 1961 Act. The provisions of Section 81(i)(c) and (e) which are relevant for our purpose read

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