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

Court : Rajasthan

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 … New Delhi. By a consolidated order dated November 28, 1969 reproduced in Schedule A appended to the writ petition, the Government of India rejected the … petitioner at Pipalia Kalan via Beawar, Rajasthan, which was received on May 4, 1968. Thereafter, the petitioner filed a revision application against the order of

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

Court : Andhra Pradesh

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) … frame one or more schemes to be called 'tax credit certificate schemes' 4. Accordingly, a scheme under notification No. 1636 dated November 5, 1965, has

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

Court : Chennai

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 … brought forward loss from the earlier years for the assessment year 1968-69 4. Whether, on the facts and in the circumstances of the case, the

Commissioner of Income-tax Vs. Coromandel Fertilisers Ltd.

Court : Andhra Pradesh

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 2(15), 4(3), 10(5) 10(6), 17, 17(3), 28, 29, 30, 31, 32, 33, 33(1), 33(1)(B), 34, 35, 35A, 36, 37, 38, 39, 40, 40A, 41, 42, 43, 43(1), 43(3), 43(6), 43A, 43A(1), 43A(2), 48 and 50

Reported in : [1985]156ITR283(AP)

2 of Part A of the Fourth Schedule.' 57. Clause (v) was inserted in s. 40(a) by the Finance Act, 1968, with effect from April 1, 1969, and was again omitted by the Finance (No. 2) Act, 1971, with … employees whose salary is exempt from tax under section 10(6)(vii) of the I.T. Act, 1961, should be excluded 4. Whether, in working out the capital employed for purposes of section 80J, liabilities need not be deducted from

C.W.S. (India) Limited Vs. Commissioner of Income Tax

Court : Supreme Court of India

Subject : Direct Taxation

Reported in : [1994]208ITR649(SC); JT1994(3)SC116; 1994(1)SCALE840; 1994Supp(2)SCC296; [1994]2SCR247

clause (iv) or clause (v) of Sub-section (1) of Section 36 shall not be taken into account.3. By Finance Act, 1968, sub-clause (iii) in clause (c) of Section 40 was deleted and in its place sub-clause (v) was introduced … in this clause shall have the meaning assigned to it in Rule 2(h) of Part-A of the Fourth Schedule to the Act.5. With effect from April 1, 1972, Section 40A(5) was introduced in substitution of Section 40(a)(v).

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)

dividend declared by the assessee-company which attracted clause I(B) of Paragraph F of Part I of the First Schedule to the Finance Act, 1968 (3) Whether, on the facts and in the circumstances of the case, the … 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.

Commissioner of Income-tax Vs. Commercial Laws of India Pvt. Ltd.

Court : Chennai

Subject : Direct Taxation

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

Reported in : [1977]107ITR822(Mad)

total income at the rate of 55 per cent, under Paragraph F of the First Schedule to the Finance Act, 1968 ?' The assessee is the printer and publisher of a fortnightly journal known as Sales Tax Cases. The

Commissioner of Income Tax Vs. N.J. Pavri

Court : Mumbai

Subject : Direct Taxation

Reported in : (1999)153CTR(Bom)134

so calculated, whichever is less; 'A bare reading of the above section as it stood before amendment by Finance Act, 1974, shows that gratuity payment to employees of the Government, local authority or a statutory corporation was totally … the asst. yr. 1977-78 ?2. The assessee is an individual. He retired from Air India on lst Aug., 1968. At that time, the assessee availed of full exemption of Rs. 30,000 under s. 10(10) as it then … in cl. (h) of r. 2 of Part A of the Fourth Schedule; 'On reading the above-mentioned s. 10(10) in juxtaposition to unamended s. 10(10), … in accordance with the provisions of sub-ss. (2) and (3) of s. 4 of that Act;(iii) any other gratuity received by an employee on his

income-tax Appellate Tribunal Vs. B. Hill and Co. (P.) Ltd.

Court : Allahabad

Subject : Direct Taxation

Acts : Finance Act, 1965 - Sections 2(5); Finance Act, 1966 - Sections 2(5); Finance Act, 1967 - Sections 2(4); Finance Act, 1964; Finance Act, 1968; Finance Act, 1969; Income Tax Act, 1961 - Sections 2(18), 31, 37, 108 and 256

Reported in : (1982)29CTR(All)301; [1983]142ITR185(All)

(A)( 1 )(ii) of the proviso to Paragraph F of Part I of the First Schedule to the Finance Act, 1968 (2) Whether the Income-tax Appellate Tribunal was light in holding that the assessee is not a company as … business of manufacture and sale of carpets. Almost its entire production of carpets is exported out of India. 4. We shall first take up the question of tax concession and higher rebate on super-tax. 5. It appears

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

Court : Chennai

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 … 1963-64 came to Rs. 22,15,583. This income included a sum of Rs. 4,85,802 being the income from dividends from other companies. The assessee claimed that