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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

Mayavaram Financial Corporation Ltd. and ors. Vs. Reserve Bank of Indi ...

Court : Chennai

Subject : BankingCommercial

Acts : Banking Law (Amendment) Act, 1968; Reserve Bank of India Act, 1934 - Sections 45J to 45L , 5H to 45Q; Madras Chit Funds Act, 1961; Constitution of India

Reported in : [1971]41CompCas890(Mad)

12th edition, at pages 224 and 225, where the following passage occurs: ' Similarly, Section 6 of the Finance Act, 1898, provided, for the removal of doubts, that the definition of ' conveyance on sale' in the Stamp … Nos. 14437 to 14439/69 for leave to raise additional grounds ordered. Banking - transaction - Banking Law (Amendment) Act, 1968, Sections 45-J to 45-L, 5-H to 45-Q of Reserve Bank of India Act, 1934, Madras Chit Funds Act, … invitation by subscription to chit of which bye-laws have not been registered. Chapter III deals with foreman. Section 12 requires that, for the proper conduct … provided for in the agreement, shall be entitled to a prize amount.' 3. Section 2(5) defines defaulting subscriber as meaning a subscriber who has defaulted

Nandiram Harikishandas Mukhi Vs. Union of India and Others

Court : Mumbai

Subject : Criminal

Acts : Constitution of India - Article 226; Code of Criminal Procedure (CrPC) , 1973 - Sections 313 and 423

Reported in : 1985(2)BomCR419; 1987(11)ECC207

members. Respondents 2 to 5 are the officers of the Central Excise and Customs in the Ministry of Finance Department of Revenue of Government of India. It is not disputed before us that on December 9, 1976, … the authorities below in the adjudication proceedings taken up under the Customs Act, 1962 and the Gold (Control) Act, 1968. The impugned orders are annexed to this petition at Exhs. C, D, E and F.2. The petitioner is … as the provisions contained in the Sea Customs Act 1878 were concerned, Chapter IV deals with prohibitions and restrictions of importation and exportation. If any … judgment of the criminal Court as also the statement recorded under section 313 of the Criminal Procedure Code. The petitioner in these proceedings has stated

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. … 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 … of each case may be noticed briefly thus: In Writ Petition No. 354 of 2001 the petitioners were transporting 10176 kilograms of jaggery in a

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

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 … on which refund is granted provided such payment is subsequent to March 31, 1975. It would be appropriate to set out Sub-section (1A) of Section

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 … damage by freezing. Storage at temperature above freezing, in the neighbourhood of 35 F/2 C is known as cold storage. Storage at such temperature makes

Niemla Textile Finishing Mills P. Ltd. Vs. Income-tax Officer and Anot ...

Court : Punjab and Haryana

Subject : Direct Taxation

Reported in : (1985)45CTR(P& H)263; [1985]152ITR429(P& H)

or in part of synthetic, artificial (man-made) fibres, including yarn and hosiery of such fibres. .......'Later, by the Finance Act 1965, Chapter XXII-B pertaining to tax- credit certificates was inserted in the I.T. Act wherein is included s. … income of Rs. 71,645 to a tax liability of Rs. 34, 672 and thus for the years 1966-67, 1968-70, the petitioner-company became entitled to tax credit certificates as was envisaged under s. 280ZB, read with the Tax … on an income of Rs. 71,645 to a tax liability of Rs. 34, 672 and thus for the years 1966-67, 1968-70, the petitioner-company became entitled

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 … (dividends) and advance tax paid on carious dates amounting to Rs. 2,13,095. 3. The case of the company is that as no regular assessment was

Commissioner of Income-tax Vs. Casino (Pvt.) Ltd.

Court : Kerala

Subject : Direct Taxation

Acts : Finance Act, 1968 - Sections 2(6)

Reported in : [1973]91ITR289(Ker)

from raw materials, constitutes ' manufacture or processing of goods ' within the meaning of section2(6)(d) of the Finance Act, 1968, and that the assessee is an ' Industrial company ' within the meaning of the definition contained in … the aforesaid activities included in its total income of the previous year (as computed before making anydeduction under Chapter VIA of the Income-tax Act) is not less than fifty-one per cent, of such total income. ' 4. … Varkey v. Agricultural Income-tax and Rural Sales Tax Officer, [1954] 5 S.T.C. 348 (Trav. Coch.).Though green leaves plucked from tea bushes may not, in the