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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 … in the act of cold storage. The Tribunal, however, was of the view that preventing changes by storing goods in the cold storage the assessee-company

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 … 1978,2. Expressing doubt about the correctness of the ratio indicated in CAT v. Marketing Research Corporation, reference has been made by a Division Bench for

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 black jaggery although by itself is not an offence, can the vehicles carrying the same, be liable to be seized under the provisions 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 … for reconsideration of the judgment given in Asuram v. Tehsildar, Sanchore reported in AIR 2000 Rajasthan 345.2. … 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

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, … Tax Appeal No. 991 of 2015 was unable to agree with the view taken by another Division Bench of this Court in the case of

M/S. Kone Elevator India Pvt. Ltd. Vs. State of T.N. and ors.

Court : Supreme Court of India

Subject : Land Acquisition

which came into operation w.e.f. 16.06.2005. However, the definition of Taxable Service under sub-section 105(zzd) remained unaltered. .30. Chapter V under the caption ‘Service Tax’ of the ‘Finance Act’, 1994 underwent a further change wherein a sub-clause (zzzza) … reference to the definition ‘Commissioning and Installation Agency’ and ‘Taxable Service’ under Section 65(29) and (105)(zzd) of the Finance Act, 1994 as was brought out w.e.f. 14.05.2003 and subsequently w.e.f. 10.09.2004 and 16.06.2005. In fact, the learned Senior

Unnimoideen Shafi vs Deputy Thasildar(Rr)

Court : Kerala

recovery of the debt as per the certificate issued by the Tribunal and this procedure is contained in Chapter V of the Act and is covered by Sections 25 to 30. it is not the intendment of the … thereunder shall be inaddition to, and not in derogation of, the Industrial Finance Corporation Act, 1948 (15 of 1948), the State Financial Corporations Act, 1951 … to quash Exhibits P3 to P7 notices issued under sections 7 & 34 of the Kerala Revenue Recovery Act, 1968, hereinafter called, “KRR Act, 1968”. The basic material facts for the disposal of the writ petition are as

H.V. Thimmegowda and Others Vs. State of Karnataka

Court : Karnataka

Subject : CriminalLabour and Industrial

Acts : Employees' Provident Funds and Miscellaneous Provisions Act, 1952 - Sections 5, 5-A, 6-A, 6C (1) and (2), 7-D, 14 (1), (1-A) and (A) and 17; Code of Criminal Procedure (CrPC) , 1973 - Sections 239, 468, 468 (2) and 469; Economic Offences (Inapplicability of Limitation) Act, 1974 - Sections 2; Constitution of India - Article 21; Indian Income-tax Act, 1922 ; Copyright Act, 1957, Sections 63; Income-tax Act, 1961; Interest Tax Act, 1974 - Sections 30; Hotel Receipts Tax Act, 1980 - Sections 37; Expenditure Tax Act, 1987; Companies (Profits) Surtax Act, 1964; Wealth-tax Act, 1957; Gift-tax Act, 1958; Central Sales Tax Act, 1956; Central Excise Act, 1944; Finance Act, 1994; Medicinal and Toilet Preparations (Excise Duties) Act, 1955; Customs Act, 1962; Gold

Reported in : 2001CriLJ3156; [2002(94)FLR928]; ILR2001KAR3683; 2001(4)KarLJ548

of 1956); 7. The Central Excise and Salt Act, 1944 (1 of 1944); 7-A. Chapter V of the Finance Act, 1994; 8. The Medicinal and Toilet Preparations (Excise Duties) Act,1955 (16 of 1955); 9. The Customs Act, 1962 … (Excise Duties) Act,1955 (16 of 1955); 9. The Customs Act, 1962 (52 of 1962); 10. The Gold (Control) Act, 1968 (45 of 1968); 11. The Imports and Exports (Control) Act, 1947 (18 of 1947); 12. The Foreign Exchange

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 … Act. Thereafter almost every High Court has pronounced upon the question expressing varying shades of opinion.LEGISLATIVE BACK GROUND:2. Prior to 1944, income tax was payable

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 … for this purpose being computed as if such income included income from various sources in the same proportion as the total income of the company);