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Commissioner of Surtax, Vidarbha and Marathwada Vs. Ballarpur Industri ...

Court : Mumbai

Subject : Direct Taxation

Acts : Companies (Profits) Surtax Act, 1964; Income Tax Act, 1961 - Sections 10, 11, 80A, 80B, 80B(5), 80C, 80E, 80-I, 80U, 84 and 280-O; Companies (Profits) Surtax Rules - Rule 4

Reported in : [1979]116ITR528(Bom)

the I.T. Act, 1961, and it was introduced for the first time in the year 1965 by the Finance Act 10 of 1965. However, there existed Chap. VII which bore the chapter heading 'Incomes forming part of total … (No. 2) Act, 1967, containing ss. 80A to 80G. Section 80U was added therein by Act 19 of 1968. Sections 80-I and 80J were enacted by the Finance (No. 2) Act, 1967. 9. In this reference, we

Additional Commissioner of Income-tax, Gujarat Vs. Cloth Traders (P.) ... Overruled

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2, 2(1), 2(45), 5, 14, 14(2), 56, 57, 66, 85A, 99 and 99(1)

Reported in : [1974]97ITR140(Guj)

the Act by the Finance Act of 1965, as from 1st April, 1965. By section 31 of the finance Act, 1968, the words 'received by it' found in the first part of the section have been omitted with retrospective … It should be noted here that the section finds its place in the scheme of the Act in Chapter VII which speaks of 'Incomes forming part of total income on which no tax is payable', and was inserted

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. … IV contains provisions, which deal with manufacture, possession and sale of excisable articles and intoxicating liquors and substances. Chapter VII of the Act provides for offences and penalties. The provisions for detection, investigation and trial of offences under … 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

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 … if it contravenes the provisions of this section. 7. The provisions above quoted were included under the

Additional Commissioner of Income-tax Vs. Bimetal Bearings Ltd.

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 10; Companies (Profits) Surtax Act, 1964 - Schedule - Rule 4

Reported in : [1977]110ITR131(Mad)

no tax was payable by the assessee with reference to the profits which came within the scope of Chapter VII. Subsequently, as a result of the amendments made in 1965, the manner of giving relief to the assessee … the assessee in a different manner. Before the amendment of the provisions of the Income-tax Act by the Finance Act, 1965, no tax was payable by the assessee with reference to the profits which came within the scope … ' the Act '), related to the assessment years 1966-67, 3967-68 and 1968-69. The provisions of the Act levied what is called ' surtax '

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, … under clause (baa) of Explanation to Section 80HHC, is right in law? 7. Out of the above substantial questions, we are concerned with Question No.

Commissioner of Income-tax Vs. Texmaco Ltd.

Court : Kolkata

Subject : Direct Taxation

Acts : Indian Income Tax Act, 1922 - Sections 10(5) and 15C; ;Indian Income Tax (Computation of Capital of Industrial Undertakings) Rules, 1949 - Rule 3(1); ;Income Tax Act, 1961 - Section 43(6)

Reported in : (1982)29CTR(Cal)64,[1983]141ITR531(Cal)

the normal depreciation or the additional depreciation. The Taxation Enquiry Commission in its report aforesaid had recommended in Chapter VII, page 98 of Volume II, for assisting the expansion and development of productive enterprise by allowing them a … 1886), was in force : ' 8. By an amendment introduced retrospectively by Section 6 of the 2nd Finance Act, 1965, a proviso was added which stipulates as follows :'Provided that in determining the written down value in

Bharat Electronics Ltd. Vs. Commissioner of Income-tax, Mysore

Court : Karnataka

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(10), 66, 70, 84, 110 and 155; Income Tax Act, 1922 - Sections 15; Finance Act, 1967

Reported in : [1973]91ITR841(KAR); [1973]91ITR841(Karn)

deleted by the Finance Act of 1967 with effect from 1st April, 1968, provided that : '...... income-tax shall not be payable by a assessee … assessee's total income. Exemption under section 84 belongs to the second category. The said section was found in Chapter VII of the Act. Section 66 expressly provides that sums exempted from tax under the provisions of Chapter VII … the Income-tax Act, 1961 (hereinafter called 'the Act') as it stood before the section was deleted by the Finance Act, 1967. The original assessment was taken up in appeal by the assessee before the Appellate Assistant Commissioner who

Nepal Knitting and Weaving Mills Pvt. Ltd. Vs. Union of India and ors.

Court : Delhi

Subject : Customs

Acts : Import Trade Control Hand Book Rules, 1969; Indian Tarriff Act, 1934 - Sections 2A(2); Additional Duty Rules, 1969; Constitution of India - Articles 14, 19, 31, 232 and 253; Imports and Exports (Control) Act, 1947 - Sections 3; Customs Act, 1962 - Sections 2(33), 46, 47 and 124

Reported in : 9(1973)DLT168

of synthetic yarns and stainless steel manufactures from Nepal during the year 1969-70':- 'WITHreference to paragraph 176 of Chapter Vii of the Import Trade Control Hand Book of Rules and Procedure 1969, it is notified that import of … issued to them by the Government of Nepal. On 2nd July 1969 the Government of India, Ministry of Finance, acting under sub-section (2) of section 2A of the Indian Tarriff Act, 1934, notified that fabrics containing more … high contracting parties, the minutes of which were recorded on 15th November 1968 by which the delegation of Nepal agreed to take the following steps

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 … the tax payable. That right, therefore, was an asset contemplated in Section 7 of the Act in 1956.47. It will be seen from the aforesaid