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Misrilal JaIn and anr. Vs. State of Orissa and anr.

Court : Supreme Court of India

Subject : Other Taxes

Acts : Orissa Taxation (on Goods Carried by Roads or Inland Waterways) Validation Act, 1959 - Sections 1(3), 3 and 27; Orissa Taxation (on Goods Carried by Roads or Inland Waterways) Validation (Amendment) Act, 1962; Constitution of India - Articles 13(3), 144A, 226 and 304; Orissa Taxation (on Goods carried by Roads or Inland Waterways) (Amendment) Act, 1964 - Sections 4; Orissa Taxation (on Goods carried by Roads or Inland Waterways) (Amendment) Act, 1968 - Sections 12; Finance Act, 1961; Finance (Amendment) Act, 1962

Reported in : AIR1977SC1686

statutory right to question the correctness of the assessment This apprehension is unfounded because the 2nd proviso to Section 12 of the Act of 1968 empowers the appropriate authority to admit an appeal after the period of limitation … comply with the constitutional mandate of Presidential sanction shall not invalidate the Finance Acts of 1961 and 1962. It was held by this Court that … by Roads or Inland Waterways) Validation Act, 1962, Orissa Taxation (on Goods Carried by Roads or Inland Waterways) Act, 1968 and Articles 13 (3), 144 A, 226 and 304 of Constitution of India - Act of 1959 was

Asstt. Cit Vs. Choice Trading Corporation Ltd

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Land Acquisition

Reported in : (2002)76TTJ(Coch.)892

a hotel would not constitute "manufacture or processing of goods" within the meaning of section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" under … CIT (1982) 134 ITR 219 (Cal). He further added that the average interest for the company was only 12 per cent whereas there were borrowings for specific activity like term loans, foreign bills discounting, etc. These loans

Assistant Commissioner of Income Vs. Choice Trading Corporation Ltd.

Court : Income Tax Appellate Tribunal ITAT Cochin

Subject : Land Acquisition

Reported in : (2004)90ITD1(Coch.)

a hotel would not constitute "manufacture or processing of goods" within the meaning of Section 2(6)(d) of the Finance Act, 1968. A company which carries on such activity will not fall within the definition of an "industrial company" under … CIT (1982) 134 ITR 219 (Cal). He further added that the average interest for the company was only 12 per cent whereas there were borrowings for specific activity like term loans, foreign bills discounting, etc. These loans

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

Court : Mumbai

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 … to such exemption. On consideration of the relevant sections of the said Act the Court held that under Section 12(1) of the Customs Act, 1962, chargeability in respect of levy of customs duty arose when the goods were

Commissioner of Wealth Tax Vs. P. Devasahayam

Court : Chennai

Subject : Direct Taxation

Acts : Income Tax Act, 1961 - Sections 28 and 80J; Wealth Tax Act, 1957 - Sections 5, 5(1) and 27(3)

Reported in : (1998)144CTR(Mad)313; [1999]236ITR885(Mad)

the year 1968-69, the assessee claimed to be an 'industrial company', as the term is defined in the Finance Act, 1968. The claim to be assessed at the rate of tax applicable to an 'industrial company', namely, at 55 … 1968, and that the assessee is an 'industrial company' within the meaning of the definition contained in that section ?' (h) Their Lordships of a Division Bench of the Kerala High Court took into consideration various precedents … is relatable to the manufacture or processing of goods or in mining. 12. We are concerned only with the second part of the definition relatable

State of Kerala and ors. Vs. Maharashtra Distilleries Ltd. and ors.

Court : Supreme Court of India

Subject : Excise

Acts : Kerala Abkari Act - Sections 6, 7, 11, 12, 14, 17, 18, 18A, 21 and 29; Kerala Abkari Rules; Kerala Sales Tax Act; Kerala General Sales Tax Act, 1963 - Sections 2, 5, 5(1), 5(2C) and 35; Kerala Finance Act, 2001 - Sections 3A; Kerala Distillery and Warehouse Rules, 1968 - Rules 16(1), 47, 50 and 52; Foreign Liquor Storage in Bond Rules, 1961 - Rules 3, 3(1), 11 and 11(1); Foreign Liquor Rules, 1953 - Rules 3, 13(9) and 14; Cochin Abkari Act - Sections 10, 14, 24, 29 and 29(2); Kerala Abkari Shops (Disposal in Auction) Rules, 1974 - Rule 3(1A); Central Sales Tax Act, 1956; Finance Act, 2001; Constitution of India - Articles 301, 304, 304(1) and 311; Sea Customs Act, 1878 - Sections 20; Central Excise Act, 1944 - Sections 3

Reported in : AIR2005SC2594; JT2005(5)SC427; (2005)11SCC1; [2005]141STC358(SC)

on 1.4.2001 the State of Kerala amended Section 5(2C) of the Kerala General Sales Tax Act; by the Finance Act of 2001, by adding an explanation which was brought into effect retrospectively from July 1, 1987 which reads … Kerala. Chapter IV of the Act deals with manufacture, possession and sale of liquor. The relevant part of Section 12 reads as follows :-'12. (1) Manufacture of liquor or intoxicating drag prohibited except under the provisions of this … 1999 in OP Nos. 23008-23903/98, 818, 2255, 2264, 12893, 3283; 7437 and 19686/99 whereby the High Court allowed the writ petitions filed by the respondents/distillers

A.R. Kukalekar Vs. Goa Housing Board and anr.

Court : Mumbai

Subject : Civil

Acts : Constitution of India - Articles 14, 21, 226, 309 and 311(1); Goa, Daman and Diu Housing Board Act, 1968 - Sections 12(2), 13, 14, 15, 16 and 129; Goa, Daman, Diu Housing Board Cadre Recruitment of Staff, Functions, Powers and Spheres of Duties of Officers and other Employees (Fourth Amendment) Regulations, 1988; Goa, Daman and Diu Housing Board Cadre Recruitment of Staff, Functions, Powers and Spheres of Duties of Officers and other Employees (Fourth Amendment) Annexure II Regulations, 1983 - Regulation 7; Central Civil Services (Classification, Control and Appeal) Rules, 1965 - Rule 10(1)

Reported in : 1993(2)BomCR486

the Income-tax Act section 3 thereof does not expressly make the liability subject to the provisions of the Finance Act which fixes the rate, under the Sales Tax Act in question. Section 4 thereof in terms is made … the respondent No. 1 which is a Housing Board Establishment under the Goa, Daman and Diu Housing Board Act, 1968 (hereinafter for the sake of brevity called 'the Act'). The said post of Financial Controller is not one … the petitioner is the Board, the first respondent herein. It is the Board who, under the provision of section 12(2) of the Act, is the appointing authority of the petitioner. The Board is in fact the appointing authority

income-tax Officer Vs. S. Viswanathan (Printers and

Court : Income Tax Appellate Tribunal ITAT Madras

Subject : Direct Taxation

Reported in : (1983)5ITD20(Mad.)

(I) Ltd. [1982] 136 ITR 481. 11. It is also significant that Section 80AB has been introduced by Section 12 of the Finance (No. 2) Act, 1980 with effect from 1-4-1981. This section states that the deductions in … originally to grant the benefit for the period of four assessment years. The section was amended by the Finance Act, 1975 with effect from 1-4-1975 to extend the benefit for a period of 9 assessment years. The wording … is pertinent to note that there was no similar provision prior to 1968 limiting the deduction available to the assessee in such a converse case.

Commissioner of Income-tax, Gujarat I Vs. S.P. Bhatt

Court : Gujarat

Subject : Direct Taxation

Acts : Income Tax Act, 1922 - Sections 28; Income Tax Act, 1961 - Sections 143, 144, 145(2), 147, 234 and 271(1)

Reported in : [1974]97ITR440(Guj)

are setting out the section as it stood during the relevant assessment years prior to its amendment by Finance Act, 1968 : '271. (1) If the Income-tax Officer or the Appellate Assistant Commissioner, in the course of any proceedings … and applying a rate of 7 1/2 per cent. to the sales to doctors and a rate of 12 1/2 per cent. to the other sales for the purpose of arriving at the gross profit in each

Mahindra Ugine Steel Co. Ltd. Vs. the Union of India (Uoi) and ors.

Court : Mumbai

Subject : Customs

Reported in : 1986(10)ECC354

of 1.5th March, 1976 however, certain entries in the Customs Tariff were amended under the provisions of the Finance Act, 1976.3. As a result of this amendment a new item 63(30) was substituted for the previous item 63(30). … of 40 per cent. Under a customs notification issued on 1st March, 1968, as amended by a subsequent customs notification dated 29-5-1971 bearing No. GSR … of goods to the duty of customs and the rate of duty of customs to be levied. Under Section 12 of the Customs Act, 1962 duties of customs are leviable on goods imported into India. Under the Act