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Aug 31 1977

Commissioner of Income-tax, Gujarat-iii Vs. Prakash Trading Co.

Court : Gujarat

Decided on : Aug-31-1977

Subject : Direct Taxation

Acts : Finance Act, 1966 - Sections 2(5); Finance (Amendment) Act, 1967 - Sections 2(4); Industries (Development and Regulation) Act, 1951; Income Tax Act, 1961 - Sections 261

Reported in : [1980]124ITR334(Guj)

appeal to the Supreme Court. Certificate is accordingly granted. Direct Taxation - exemption - Section 2 (5) of Finance Act, 1966, Section 2 (4) of Finance (Amendment) Act, 1967, Industries (Development and Regulation) Act, 1951 and Section 261 of Income

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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) … consideration in this reference, all on the same day, namely, 18th January, 1966. The WTO, however, did not allow as a deduction any part of … remains what it was under the I.T. Act, i.e., Section 3 of the Indian I.T. Act, 1922, or Section 4 of the I.T. Act, 1961. According to this submission, the income-tax liability of the assessee was assessed and

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Feb 20 1996

M/S. Prakash Trading Co. Vs. Commissioner of Income-tax, Gujarat

Court : Supreme Court of India

Decided on : Feb-20-1996

Subject : Direct TaxationCommercial

Acts : Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4) and 256; Industries (Development and Regulation) Act, 1951

Reported in : 1996IIAD(SC)341; AIR1996SC3387; [1996]220ITR1(SC); JT1996(2)SC465; 1996(2)SCALE337; (1996)7SCC685; [1996]2SCR849

cakes exported or sold to exporters by it under Section 2(5)(a)(ii) and (iii) and Section 2(5)(c) of the Finance Act, 1966 read with item No. 28 of the First Schedule to the Industries (Development and Regulation) Act, 1951 for … extraction plant at Veraval. It exported, or sold to exporters, de- oiled cakes of the value of Rs. 48, 92, 902 and Rs. 24, 13, 040 respectively during the accounting years relevant to the Assessment Years 1.966-67

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Jul 14 1982

Metal Rolling Works Pvt. Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Decided on : Jul-14-1982

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10(3) and 28; Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4)

Reported in : (1982)31CTR(Bom)116; [1983]142ITR170(Bom)

of export profits or export sales eligible for rebate from income-tax under Section 2(5)(a)(i) or 2(4)(a)(ii) of the Finance Act, 1966, or 1967, has been rightly rejected ? (2) Whether the sum of Rs. 99,021 for the assessment year

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Apr 03 1967

M. Royappa Goundar and anr. Vs. the Commercial Tax Officer, Erode and ...

Court : Chennai

Decided on : Apr-03-1967

Subject : Other Taxes

Acts : Madras Entertainments Tax (Amendment) Act, 1966 - Sections 2 and 7; Madras Local Authorities Finance Act, 1961; Madras Entertainments Tax Act, 1939 - Sections 4, 4(1), 4-A, 7, 7-A, 7-B, 7-B(1), 13(1) and 16

Reported in : AIR1968Mad274

Entertainments Tax Act, 1939, and to levy surcharge on the payments for admission under the Madras Local Authorities Finance Act, 1961. The petitioner preferred various objections which were all overruled by the Deputy Commercial Tax Officer, Mettupalayam. This … petitions for certiorari involve the interpretation of the true scope and ambit of the Madras Entertainments Tax (Amendment) Act, 1966, more specially Sections 2 and 7 of the Act. For deciding this question, it will suffice to notice … for levy by the State Government of taxes on entertainments and for payment of compensation to local authorities. Section 4(1) is the charging section and, as provided by it, entertainments tax is levied and collected by inclusion of

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Mar 02 1981

Jeewanlal (1929) Ltd. Vs. Commissioner of Income-tax

Court : Kolkata

Decided on : Mar-02-1981

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Section 256(2); ;Indian Income Tax Act, 1922 - Sections 4(3), 10(2) and 66(1); ;Finance Act, 1966 - Section 2(5); ;Income-tax (Determination of Export Profits) Rules, 1966 - Rule 2(2)

Reported in : [1983]139ITR865(Cal)

on the two receipts referred to above on the basis of the provi-sions of Section 2(5)(d) of the Finance Act, 1966. The ITO held that the cash subsidy of Rs. 1,60,717 and the profits from the sale of import … licence for dates and by sale of the import licence the assessee had made a profit of Rs. 4,83,856. In its assessment for 1966-67, the assessee had claimed rebate on the value of the exported goods and

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Apr 11 1975

CochIn Company Vs. Commissioner of Income-tax

Court : Kerala

Decided on : Apr-11-1975

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 33(1) and 33(1A); Finance Act, 1966 - Sections 2(5) and 2(7)

Reported in : [1978]114ITR822(Ker)

the export of any goods or merchandise out of India within the meaning of Section 2(5)(a)(i) of the Finance Act, 1966 (iii) Whether the Tribunal was right in holding that the assessee is not an 'industrial company' as defined … not a resident of India. For the assessment year 1966-67, the assessee claimed a development rebate of Rs. 48,692 in respect of the said trawler. The Income-tax Officer allowed the assessee's claim for rebate only to the

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Jan 10 1996

Commissioner of Income-tax Vs. Oceanic Products Exporting Co.

Court : Kerala

Decided on : Jan-10-1996

Subject : Direct Taxation

Acts : Finance Act, 1966 - Sections 2(5); Industries (Development and Regulation) Act, 1951; Income Tax Act, 1961 - Sections 80HH and 80J

Reported in : 1996(54)ECC80; [1996]219ITR293(Ker)

of the Finance Act, 1966. The appellate authority took the view that the process would amount to manufacture. 4. For the assessment year 1966-67, an appeal in respect of which was heard by the Tribunal first, the … in the circumstances of the case, the Tribunal was justified in granting relief under Section 2(5)(a)(ii) of the Finance Act, 1966, to the assessee ?'2. Income-tax Reference No. 553 of 1985 relates to the assessment year 1965-66 and Income-tax

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Sep 08 1989

Commissioner of Income-tax Vs. Central Bank of India Ltd.

Court : Mumbai

Decided on : Sep-08-1989

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)

case may be.'14. A similar Circular No. 4-P was issued on July 21, 1966, in regard to the Finance Act, 1966. The relevant clause therein on which Mr. Dalvi relied is clause 32, which reads thus :'32. A company … S.P. Bharucha J.1. This is a reference made at the instance of the Revenue, under the provisions of section 256(1) of the Income-tax Act, 1961. It raises, in regard to the assessment year 1967-68, the following question

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Mar 05 1982

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Decided on : Mar-05-1982

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 2(5); Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4); Finance Act, 1964; Finance Act, 1968; Finance Act, 1969; Income Tax Act, 1961 - Sections 2(18), 31, 37, 108 and 256

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

goods by the assessee and accordingly not entitled to the tax concession provided under Section 2(5)(i) of the Finance Act, 1966 (2) Whether, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right … business of manufacture and sale of carpets. Almost its entire production of carpets is exported out of India. 4. We shall first take up the question of tax concession and higher rebate on super-tax. 5. It appears

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