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Jun 19 1974

Commissioner of Income-tax Vs. Madras Motor and General Insurance Co. ...

Court : Chennai

Decided on : Jun-19-1974

Subject : Direct Taxation

Acts : Finance Act, 1963; Income Tax Act, 1961 - Sections 99(1); Finance Act, 1968 - Sections 31(3); Companies (Profits) Surtax Act, 1964 - Schedule - Rule 1

Reported in : [1975]99ITR243(Mad)

to the learned counsel now in view of the deletion of the words 'received by it' by the Finance Act, 1968, with retrospective effect. While deleting the provisions of Section 99, Finance Act, 1968, by Section 31(3) omitted the … year 1964-65, the assessee also contended that, in view of the provisions in rule (1)(viii) of the First Schedule to the Companies (Profits) Surtax Act, 1964, it was not liable to pay the surtax on the entire

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Sep 06 1978

Prem Cables Pvt. Ltd. Vs. Assistant Collector (Principal Appraiser) Cu ...

Court : Rajasthan

Decided on : Sep-06-1978

Subject : ExciseCustoms

Acts : Indian Tariff Act, 1936 - Sections 2, 2A, 2A(1) and 2A(2); Customs Act, 1962 - Sections 2, 12(1), 25, 25(1), 27, 27(1), 128 and 131; Finance Act, 1965 - Sections 26(1), 76(1) and 77; Constitution of India (Fifteenth Amendment) Act, 1963 - Sections 8; Sea Customs Act - Sections 23; Finance Act, 1964 - Sections 57(1); Central Excise Act, 1944; Finance Act, 1960; Indian Tariff Act, 1934; Central Excise (Conversion to Metric Units) Act, 1968; Finance Act, 1969; Evidence Act - Sections 106; Limitation Act, 1963 - Sections 17(1); Limitation Act, 1908 - Schedule - Articles 24, 62 and 96; Constitution of India - Articles 19, 32, 136, 226 and 226(1A); Contract Act - Sections 72; Orissa Sales Tax Act - Sections 4, 14 and 19; Uttar Pradesh Sales Tax Act; Code of Civil Procedure (CPC) - Sectio

Reported in : 1981(8)ELT440(Raj); 1978(11)WLN481

goods were further chargeable to regulatory duty of 10% then in force levied under Section 77 of the Finance Act, 1965. The duty @ Rs. 360 per M.T. was levied by the Central Government in exercise of the … specified. This item 33 was subsequently modified as item 27 by the Central Excise (Conversion to Metric Units) Act, 1968 but the contents thereof remained the same. Item 27 mentions the following commodities for the purpose of levying … duty.'As reference has been made to the excise duty, it is necessary to examine the law relating thereto. Schedule I to the Central Excises and Salt Act, 1944 (hereinafter to be referred to as 'the Excise Act') as

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Jan 14 1993

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

Court : Mumbai

Decided on : Jan-14-1993

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)

share capital as on the 1st day of the previous year.' Thus, Paragraph F of Part I of Schedule I to the Finance Act, 1968, prescribes rates of income-tax in respect of the total income of a domestic … 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.

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Mar 24 1981

Commissioner of Income-tax, Gujarat Vs. Ahmedabad Kaiser-i-hind Mills ...

Court : Gujarat

Decided on : Mar-24-1981

Subject : Direct Taxation

Acts : Finance Act, 1968 - Sections 2; Income Tax Act, 1961 - Sections 4, 4(1), 28, 37, 40 and 104; Finance Act, 1966 - Sections 2

Reported in : [1983]141ITR472(Guj)

which falls within the description of a 'domestic company' as specified in Para. F mentioned in the First Schedule to s. 2 of the Finance Act, 1968. It is provided therein that the rate of income-tax in … of levy of additional tax in respect of excess dividends did not arise under the provisions of the Finance Act, 1968, for the assessment year 1968-69 ?' 2. It is not in dispute that the assessee is a company

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Oct 15 1998

Shri Camilo Cardozo Vs. Remedio D'souza (Since Deceased) Through His L ...

Court : Mumbai

Decided on : Oct-15-1998

Subject : Tenancy

Reported in : (1999)101BOMLR520

23.3.1979. Thus, where loan was granted by Bank of India under Agricultural Finance Scheme towards purchase of Air Compressors, Drilling Rods and other Accessories. Use … to whether in an eviction proceeding under the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968 (hereinafter referred to as the Rent Act for short), failure on the part of the applicant/landlord to bring … of mortgage under Government Notification dated 23.3.1979 and hence not liable to stamp duty under Article 36 of Schedule I of the Act. - The appeal involves an interesting but important question of law and it is to

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Jan 20 1978

The Union of India (Uoi) and ors. Vs. the Elphinstone Spinning and Wea ...

Court : Mumbai

Decided on : Jan-20-1978

Subject : ExciseCustom

Acts : Central Excise Act, 1944 - Sections 3, 7, 8, 9, 9A and 9(1); Central Excise Rules, 1944 - Rules 2, 8(1), 9A, 9A(1), 9A(2), 9A(3), 9A(7), 9A(8) and 9A(9); Provisional collection of Taxes Act, 1931; ;Constitution of India - Article 226; Government of India Act, 1935 - Sections 213; Finance Act, 1968; Finance Act, 1956; Custom Act, 1962 - Sections 3, 12, 12(1), 15 and 25(1); Customs Tariff Act, 1975;Government of India Act, 1935 - Sections 213; Finance Act, 1968; Finance Act, 1956; Custom Act, 1962 - Sections 3, 12, 12(1), 15 and 25(1); Customs Tariff Act, 1975

Reported in : 1978(2)ELT680(Bom)

whether the said item 22B was new head of excise duty created for the first time by the Finance Act of 1968 or was a reclassification of the said Item 19. Rege J. negatived the contention of the … the Item of cotton fabrics was liable to excise duty at the rate prescribed in Item 19 of Schedule I to the Central Excise and Salt Act, 1944 (hereinafter referred to as 'the said Act'). It is unnecessary

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Sep 22 1981

Sirpur Paper Mills Ltd. Vs. Director of Inspection, Customs and Centra ...

Court : Andhra Pradesh

Decided on : Sep-22-1981

Subject : Direct TaxationExcise

Acts : Income Tax Act, 1961 - Sections 27, 81, 99(1), 280ZD and 280ZD(6)

Reported in : 1983(12)ELT457(AP); [1982]136ITR120(AP)

amount of tax credit to be certified under s. 280ZD of the I.T. Act. Section 39 of the Finance Act, 1968, read : '39. Special duties of excise on certain goods - (1) When goods of the description mentioned … has been framed, wherein the class of goods and the rate of tax credit certificate are mentioned in Schedule I. Item 3 of the said Schedule relates to 'paper, all sorts, other than, (i) newsprint, and (ii) boards...'

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Jan 22 1980

Commissioner of Income-tax, Tamil Nadu-i Vs. Standard Motor Products o ...

Court : Chennai

Decided on : Jan-22-1980

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 80I

Reported in : (1980)17CTR(Mad)317; [1981]131ITR300(Mad)

calendar year. In that year, the assessee claimed the relief admissible to priority industry in accordance with the Finance Act, 1965. First Schedule, Pt. I, Para. F, read with Pt. III. The ITO rejected this claim for rebate … the assessee is entitled to the rebate under the provisions of section 80E/80I for the assessment years 1966-67, 1968-69 and 1969-70 3. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was

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Aug 10 1978

P.V. Nayak Vs. Syndicate Bank and anr.

Court : Karnataka

Decided on : Aug-10-1978

Subject : Company

Acts : Constitution of India - Articles 12, 226 and 226(1); Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970 - Sections 3, 7, 8, 9, 10, 16 and 19; Syndicate Bank Officers' (Conditions of Service) Rules, 1966 - Rules 5 and 36

Reported in : [1979]49CompCas931(Kar); (1979)IILLJ176aKant

the Supreme Court held that the Oil & Natural Gas Commission, the Life Insurance Corporation and the Industrial Finance Corporation, all of which are constituted under the law governing their constitution, are 'authorities' within the meaning of … of mortgage under Government Notification dated 23.3.1979 and hence not liable to stamp duty under Article 36 of Schedule I of the Act. - A company incorporated under the Indian Companies Act does not enjoy these privileges. 12

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Jan 11 1980

Electronics Limited Vs. Superintendent of Central Excise, Range Iii an ...

Court : Punjab and Haryana

Decided on : Jan-11-1980

Subject : Excise

Acts : Central Excise Act, 1944; Finance Act (No. 19), 1968; Constitution of India - Articles 226 and 227

Reported in : 1980CENCUS175D; 1980(6)ELT350(P& H)

India as is evident from the reply Annexure 'K' dated December 4, 1968, received from the Ministry of Finance which necessitated the filing of the present petition.4. Although several grounds were urged in the petition to challenge … steel furniture within the meaning of entry 40 of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act).2. The petitioner, M/s. Electronics Limited, a public limited company, is engaged

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