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Commissioner of Income-tax Vs. Chemical and Metallurgical Design Co. L ...

Court : Delhi

Subject : Direct Taxation

Acts : Income-tax Act, 1961 - Sections 80AA, 80AB, 80HH, 80M, 80N, 80-O, 80T, 85 and 256(1); Finance Act, 1974 - Sections 17; Finance Act, 1968; Finance Act, 1971

Reported in : 2000(57)DRJ246; [2001]247ITR749(Delhi)

been substituted for 'deduction from such income of an amount equal to 60 per cent, thereof' by the Finance Act, 1968, with effect from April 1, 1969.9. Section 17 of the Finance Act, 1974, on which considerable emphasis was … any deduction is required to be made or allowed under any Section (except Section 80M) included in this Chapter under the heading 'C--Deductions in respect of certain incomes' in respect of any income of the nature specified … the following two questions for the opinion of this court under Section 256(1) of the Act :'1. Whether, on the facts and in the circumstances

Ganesh Traders Vs. District Collector, Karimnagar and ors.

Court : Andhra Pradesh

Subject : Excise

Acts : Andhra Pradesh Excise Act, 1968 - Sections 2, 2(9), 2(19), 2(20), 6-A, 6-C(1), 6-C(2), 7, 7-A, 8, 13, 13(1), 27, 28, 34, 34(2), 34(3), 35, 36, 37, 37-A, 40-A, 41, 42, 45, 45(1), 48, 50, 50-A, 51, 52, 53, 54, 55 and 61; Constitution of India - Articles 19, 20, 20(1), 21, 47, 124, 217, 226 and 371D; Code of Criminal Procedure (CrPC) , 1973 - Sections 155(2), 156(1), 165, 165(2), 165(4), 397, 452(2), 482 and 561-A; Madras Abkari Act, 1886 - Sections 55; Motor Vehicles Act; Andhra Pradesh General Sales-tax Act; Foodgrains - Prices and Stocks (Display and Control) Order, 1967; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 2; Hire Purchase Act, 1972; Indian Penal Code (IPC), 1860 - Sections 304-A; Madras Prohibition Act, 1937; Andhra Pradesh Prohibition (Amendmend) Act, 1995; Cess an

Reported in : 2002(1)ALD210; 2002(1)ALD(Cri)137; 2002(1)ALT611; 2002CriLJ1105

duties of excise and countervailing duties on alcohol liquors for human consumption, the State Legislature enacted A.P. Excise Act, 1968. Chapter IV contains provisions, which deal with manufacture, possession and sale of excisable articles and intoxicating liquors and substances. … Andhra Pradesh Prohibition Act is the question involved in these writ applications? 2. Facts of each case may be noticed briefly thus: In Writ Petition … two months back he purchased the above lorry second person Kondal Rao and third person Mahender Reddy have financed the amount to purchase the jaggery at Kamareddy to transport the same to Suryapet, Thungaturti and Tirumalagiri of

State of Rajasthan Vs. Uka and ors.,

Court : Rajasthan

Subject : Tenancy

main objectives of the legislation relating to social control of Banks in 1968 and the nationalisation of fourteen major Indian commercial Banks in 1969 was … overcome the above difficulties, it was felt necessary to amend the Act.13. Chapter II of the Act of 1974 prescribes rights of agriculturists to alienate … shown that there are certain provisions therein which inhibit the entry of commercial Banks into the field of financing of agriculture. It will, therefore, be necessary to modify these laws for the purpose of enabling commercial banks … issue under consideration, it may be useful to notice certain relevant statutes and the facts associated.THE RAJASTHAN TENANCY ACT, 19553. On 30.3.1949, the State of Rajasthan was formed on integration of several independent Princely States and Chief-ships … in Asuram v. Tehsildar, Sanchore reported in AIR 2000 Rajasthan 345.2. To understand the issue under consideration,

Commissioner of Income-tax Vs. Radha Nagar Cold Storage (P.) Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Finance Act, 1968 - Section 2(6); ;Finance Act, 1969 - Section 2(6)

Reported in : (1980)18CTR(Cal)166,[1980]126ITR66(Cal)

the processing of goods and was accordingly an industrial company within the meaning of Section 2(6)(d) of the Finance Act, 1968, or under Section 2(6)(c) of the Finance Act, 1969 ?'2. The assessee-company has been engaged in the business … aforesaid activities included in its total income of the previous year (as computed before making any deduction under Chapter VI-A of the Income-tax Act) is not less than fifty-one per cent. of such total income.' 6. Similar

The Commissioner of Income Tax and Another Vs. V.S. Dempo and Co. Pvt. ...

Court : Mumbai

Subject : Direct Taxation

amended by the Finance Act, 1963, w.e.f. 1-4-1963, Finance Act, 1964, w.e.f. 1-4-1964, Finance Act, 1965, w.e.f. 1-4-1965, Finance Act, 1968, w.e.f. 1-4-1969, Finance (No. 2) Act, 1971, w.e.f. 1-4-1972, Finance Act, 1984, w.e.f. 1-4-1985 and Direct Tax Laws … as machinery provision in respect of non-resident shipping companies. It provides for determination and collection of tax. Thus, Chapter XVI of the Act in respect of deducting tax at source would not apply in such cases. Consequently,

Anand Kumar Sharma Vs. State Of U.P. Thru' Secretary and Others

Court : Allahabad

Subject : Land Acquisition

to the informants as well as the Government servants who are responsible for seizure under the Gold Control Act, 1968 and other statutes. The scheme of reward was modified from time to time. In the said case, seizure … Applications were made by several applicants for grant of mining lease under Chapter II of the Rules. The applications remained pending. The State Government issued … Government is left free to determine priorities in the matters of allocations or allotments or utilisation of its finances in the public interest. It is equally entitled, therefore, to issue or withdraw or modify the export or … hearing this writ petition. "1. Whether the application of the petitioner dated 25.7.2005 submitted for grant of freehold right on the basis of the Government

Modi Industries Limited, Modinagar and ors. Vs. Commissioner of Income ...

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(40), 4(1), 4(2), 143, 144, 156, 190, 191, 214, 214(1), 214(1A), 215, 219, 237, 239, 240, 243, 244, 244(1), and 244(1A); Income Tax Act, 1922 - Sections 18A

Reported in : (1995)128CTR(SC)361; [1995]216ITR759(SC); JT1995(6)SC549; 1995(5)SCALE362; (1995)6SCC396; [1995]Supp3SCR642

made under Section 141A, the credit shall be given also in such provisional assessment.(The proviso was added by Finance Act, 1968 from April 1, 1968.)42. This section introduces a legal fiction that amount of advance tax paid shall be … advance tax, commencing from Section 207 to Section 219, under the sub-heading 'C- Advance Payment of Tax' in Chapter-XVII which chapter deals with 'collection and recovery of tax'. These sections have been undergoing amendments from time to … Jeevan Reddy, J.1. A seemingly simple expression, 'regular assessment', occurring in Section 214 of the Income Tax Act has given rise to an endless conflict

Distributors (Baroda) Pvt. Ltd. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Subject : Direct Taxation

Acts : Constitution of India - Article 19(1)

Reported in : AIR1985SC1585; (1985)2CompLJ389(SC); (1985)47CTR(SC)349; [1985]155ITR120(SC); 1985(1)SCALE1216; (1986)1SCC43; [1985]Supp1SCR778; 1986(1)LC86(SC)

the question of interpretation posed before us. One amendment is however material and that was made by the Finance Act 1968 by which the words 'received by it' occurring in Sub-section (1) of Section 80M were omitted with effect … an amendment made by the Finance Act No. 10 of 1965 Section 99 Sub-section (1) was omitted and Chapter VI A and Section 85A were introduced in the present Act with effect from 1st April, 1965, Chapter … the Income Tax Act, 1961 by Section 12 of the Finance (No. 2) Act 1980 with a view to overriding with retrospective effect the construction

Atul Drug House Ltd. Vs. Commissioner of Income-tax

Court : Mumbai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(45), 3, 5, 80A, C, J and U, 81 and 104; Finance Act, 1968 - Sch. I, Part I and Para. F

Reported in : [1995]216ITR584(Bom)

so declared amounted to Rs. 3,90,000. Such excess dividend entailed an additional income-tax under the provisions of the Finance Act, 1968. The Income-tax Officer, however, failed to take note of this fact at the time of the assessment proceedings. … referred to in section 5, computed in the manner laid down. Section 5 defines 'scope of total income'. Chapter III which follows thereafter deals with 'incomes which do not form part of total income'. After the total … additional income-tax at the rate of 7.5 per cent. amounting to Rs. 29,250. This levy has been upheld by the Tribunal. Hence, at the instance

B.K. Khanna and Co. Vs. Union of India and Others

Court : Delhi

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 139, 140A, 141, 141A, 141A(1), 142(1), 143(1), 143(2), 143(3), 144B, 144B(2), 207, 208, 209 and 264

Reported in : (1985)46CTR(Del)23; ILR1985Delhi77; [1985]156ITR796(Delhi)

in issue of refunds in cases where the completion of regular assessment is likely to be delayed, the Finance Act, 1968, introduced section 141A in the Act enabling taxpayers to claim tax deducted at source or paid in advance … and the assessed claims that the tax paid or deemed to have been paid under the provisions of Chapter XVII-B or Chapter XVII-C exceeds the tax payable on the basis of the return and the accounts and … S.S. Chadha, J.1. This petition under article 226 of the Constitution of India seeks a writ of mandamus directing the