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J.K. Synthetics Ltd. Vs. O.S. Bajpai, Income-tax Officer, Central and ...
Allahabad
Jul-17-1975
Direct Taxation
Income Tax Act, 1961 - Sections 3(3), 3(4), 35(3), 41, 41(1) and 154; Constitution of India - Article 226
[1976]105ITR864(All)
as a result of a change in the rate of tax. Rate of tax is prescribed by the Finance Act of every year. A previous year normally consists of a period of 12 months and the income of … assessment year in which the income becomes first assessable as provided by Clause (iii) of Sub-section (1) of Section 153. Thus, the last date of limitation for completing the assessment was 31st March, 1975. The limitation, however,
Tag this Judgment! AI Brief & AskH.S. Mukherjee Vs. Commissioner of Income-tax
Kolkata
Jun-19-1986
Direct Taxation
Income Tax Act, 1961 - Sections 14, 45, 67, 114 and 182
(1986)56CTR(Cal)150,[1986]161ITR846(Cal)
capital gains was also provided for in the Finance Act passed each year.14. In Section 2(4) of the Finance Act, 1966, it was laid down that in cases to which Chapter XII of the Income-tax Act, 1961, applied, the … the transfer of a capital asset effected in the previous year shall, save as otherwise provided in Sections 53 and 54, be chargeable to income-tax under the head 'Capital gains', and shall be deemed to be the
Tag this Judgment! AI Brief & AskPetroleum India International Vs. Deputy Commissioner of
Income Tax Appellate Tribunal ITAT Mumbai
Jun-25-1999
Direct Taxation
(2000)241ITR43(Mum.)
Indian technical know-how, abroad was first introduced in the form of s. 85C of the Act by the Finance Act, 1966, w.e.f. 1st April, 1966. At the time of its introduction, this section provided for tax at the rate … the decision of the Supreme Court in the case of CIT vs. National Taj Traders (1980) 121 ITR 535 (SC) at p. 542.A judicial interpretation should be so geared as to fairly serve the legislative intent. This
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Commissioner of Income-tax Vs. Calcutta Steel Co. Ltd.
Kolkata
Jan-24-1985
Direct Taxation
Income Tax Act, 1961 - Section 154; ;Finance (No. 2) Act, 1967 - Section 2(4); ;Income Tax (Determination of Export Profits) (No. 2) Rules, 1967
(1985)48CTR(Cal)146,[1985]153ITR488(Cal)
, the question before the Madras High Court was whether under the provisions of Section 2(5)(a) of the Finance Act, 1966, the cash subsidy and the income derived from the sale of import entitlements would form part of the
Tag this Judgment! AI Brief & AskCwp No. 6960 of 1987 Vs. Jawahar Singh and Others ..............Petiti ...
Punjab and Haryana
May-03-2013
Land Acquisition
instalment of sale price. However, in a meeting dated 22.12.1965, the then Finance Minister observed that the rate of `3,50,000/- was too low and a … of the Punjab State, the property devolved upon the Punjab State under the provisions of the State Re-organization Act, 1966. The premises had been leased out to Late Shri Jhanda Singh, father of Shri Daljit Singh, Advocate-respondent No.4. … to file a suit for specific performance of the agreement, if any, at the time of revocation and Section 53 A of the T.P. Act was not applicable to the facts of the present case. The Faridkot House
Tag this Judgment! AI Brief & AskMalad Kokil Co-operative Housing Society Ltd. and Another Vs. the Mode ...
Mumbai
Sep-07-2012
Land Acquisition
as laid down by the Apex Court in the case of Reserve Bank of India v/s. Peerless General Finance and Investment Co. Ltd. and ors. {AIR 1987 SCC 1023}, the Court will have to draw a distinction … exercised and the limitations on the exercise of such powers are contained in Section 46 of the M.R.T.P. Act, 1966, read with reg. 64(b) of the Development Control Regulations for Greater Mumbai, 1991, These two provisions are to … regard to these aspects while deciding an application for retention under Section 53(3) read with Sections 44, 45 and Section 46 of the said Act.”
Tag this Judgment! AI Brief & AskPramod Kumar Gupta Vs. Income-tax Officer
Income Tax Appellate Tribunal ITAT Delhi
Aug-16-1991
Direct Taxation
(1991)39ITD1a(Delhi)
Act was enlarged by insertion of Sub-clauses (v) & (vi) and Explanation, of the said section by the Finance Act, 1987 w.e.f. 1-4-1988. The thrust of the argument was that if a transaction involving the allowing of possession … the afore-mentioned three co-owners from late Shri Rameshwar Das who died in 1966. These co-owners floated a company named M/s Ramesh Apartments (P.) Ltd. on … property to be taken or retained in part performance of a contract of the nature referred to in Section 53 A of the Transfer of Property Act was to be included in the definition of transfer for the
Tag this Judgment! AI Brief & AskPukhrajmal Sagarmal Lunkad (Deceased Through L.Rs.) and ors. Vs. the M ...
Mumbai
Dec-23-2004
PropertyConstitution
2005(2)ALLMR271; (2005)107BOMLR685
VII deals with joint Town Planning Schemes and Chap. VIII deals with Finance under the B.T.P. Act, after a Draft Development Plan is sanctioned, the … is next prayed that the petitioners had taken steps under Section 127 of the Maharashtra Regional Town Planning Act, 1966, (hereinafter referred to as 'the M.R.T.P. Act' for the sake of brevity), by serving notice on the Planning … lands which are required by the Local Authority, unless otherwise determined in the scheme, by the operation of Section 53{a), vest absolutely therein free from all encumbrances. The result is that there is a complete shuffling up of
Tag this Judgment! AI Brief & AskCommissioner of Income Tax Vs. Abraham
Kerala
Apr-06-2004
Direct Taxation
Income Tax Act, 1961 - Sections 33(2), 73(2) and 77(2)
2004(2)KLT585
farther submitted that in view of the circular dated 27.3.2000 issued by the Government of India, Ministry of Finance (Department of Revenue) in the Central Board of Direct Taxes stipulating that appeal or reference to the High … Appellate Tribunal, Cochin Bench has referred the following question of law under S. 256(1) of the Income Tax Act, 1961 (for short 'the Act') for decision by this Court at the instance of the revenue.'Whether, on the … to carry forward of the unabsorbed depreciation computed for the assessment year 1966-67 and have it set off in its assessment for 1968-69.22. It must … appearing for the applicant submitted that a reading of the provisions of Section 32 (1) and (2) along with Sections 72(2) and 73(1) would show
Tag this Judgment! AI Brief & AskMentha and Allied Products Pvt. Vs. Income-tax Officer
Income Tax Appellate Tribunal ITAT Delhi
Mar-25-1991
Direct Taxation
(1992)43ITD33(Delhi)
that the Madras case was a case of claiming rebate under the provisions of Section 2(5){a) of the Finance Act, 1966. Under the scheme framed by the Central Government to encourage export of goods, the assessee became entitled to … 2(5)(d), these two receipts have to be treated as profits referable to or derived from the said export." 53. Thus, even though the attention of the Madras High Court was drawn to the restricted scope of the
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